Research paper discussing the use of progress monitoring can help Article

Research paper discussing the use of progress monitoring can help provide educators with a valuable tool to improve their own teaching - Article Example One way that a teacher can tell whether one method of teaching is better than another is by using progress monitoring assessments (Johnson, 2005, p. 319). In the absence of these assessments, teachers would subjectively prefer methods with limited effectiveness; hence leading to poor learning outcomes. Succeeding sections of this paper contains detailed description of benefits offered by progress monitoring tools to teachers. The first step in the application of progress monitoring involves determining a learner’s actual rate of academic performance. Teachers can identify this rate by administering bi-weekly measurement of student’s average score in class tests (Gloria, 2010). Subsequently, a comparison between the actual rate of learning and the average or expected rate of learning is developed. Average rates of learning are usually the normal mean rates used within a local academic context. Comparing the two rates will objectively ascertain whether or not a student has learning difficulties. In addition, the comparison also facilitates determination of effectiveness from each teaching method used by educators. After capturing the facts concerning a student’s actual progress, educators can adjust instructional techniques and other intervention responses accordingly (Evans & Lang, 2006). Technically, the first benefit of progress monitoring assessments to teachers is formulation of informed decisions on instructional techniques. Conroy and Holly (2013) agreed that progress monitoring helps to pinpoint a student’s rate of learning. Sometimes, teachers may rest content with a misconception that a student is progressing expectedly because that student passes each test in class. However, progress monitoring is not about focusing on a single point of an academic journey. It is about checking whether a student’s pace of learning will facilitate achievement of pre-determined goals

National Savings Essay Example for Free

National Savings Essay â€Å"National saving can be used domestically or internationally. Explain the basis of this statement, including the benefits to the nation of each use of its saving. † First of all, let’s understand the concept of national savings. In economics, a countrys national savings is the sum of private savings (i. e. personal savings) plus the business savings (i. e. undistributed corporate profits) and public savings (i. e. tax revenues less public expenditure). (economicswebinstitute. org, 2003) (Wikipedia. org, 2008). So in simple words, what people save i. e. hen they avoide to consume all their income, is called personal savings. These savings can remain on the bank accounts for future use. For the economy as a whole, national saving is the portion of the nation’s income not used for private and public consumption. Just as for people, saving for the national economy is the act of setting some of current income aside for the future instead of spending it for current consumption. (Gao. gov, 2001). So the savings left in bank accounts are an important part of money. This money could be used by banks, which can decide to finance businesses. The amount of money used for investment depends on the deposits, which banks receive. So an increase of personal savings and/or corporate profits could increase investment. Companies which do not distribute a certain part of its corporate profits, will keep that money in bank accounts also for future business opportunities. Domestic investment could be investment in new factories and equipment, which can increase productivity of the nation’s workforce. The increased productivity, in turn, will lead to higher wages and greater economic growth over the long term. Gao. gov, 2001). So we come to the first conclusion that if national savings increase, a country through its banks could invest more in its economy and finance more projects and support the economy. In general, more national saving will increase a nation’s capacity to produce more goods and services and generate higher income in the future. (Gao. gov, 2001). This phenomenon has been seen in a couple of Asian countries, where the saving rate of households was very high like in Russia, Japan and China, which were able to industrialize quickly. It seems also that there is a close association between national savings and domestic investment in developing countries. These countries are in desperate need for cash to invest in infrastructure and boost its economy including industry, service, etc. Before going to the international market and asking for loans, these countries will first of all make use of every penny that they can find in their banks. So one of the main findings, is that national saving provides resources for a nation to invest domestically. Traditionally, there has been a strong relation between domestic savings and investment ratios. feweb. vu. nl, 2009) The question now is: will these resources be used only in the country itself or could they be used elsewhere. In a closed economy the national savings will definitely be reinvested in the domestic economy. But this is only in theory, since nowadays we can not really find a 100% closed economy anymore! There are countries that have high net saving surpluses and which need to invest it. These countries are sometimes too small to be able to offer the right investment opportunities for this huge liquidity. Countries in the Arabian Peninsula like Qatar, UAE or Kuwait are the best example. In addition, capital is getting very mobile and can be moved easily from one country to another and invested abroad. (wikipedia. org, 2008). With all that money floating around looking for an investment, it doesnt seem that domestic savings are all that important any more. (socrates. berkeley. edu, 2011). Let’s elaborate more on the benefits of investing the national savings abroad? We agree that the sum of national saving and saving borrowed from abroad represents the total amount of resources available for investment. This investment could be used to purchase capital goods like plant, equipment, software, houses, and inventories, by businesses and governments. (socrates. berkeley. edu, 2011). So what are the benefits of investing the national savings abroad? Will this really lead to improving domestic economy and increase the wealth of the people? An investment abroad does indeed increase the nation’s wealth and will generate income. This income could be again reinvested in the domestic country or abroad. One of the very obvious examples is the economy of the GCC countries. Qatar is one of the smallest and wealthiest countries in the world. Its main wealth comes from oil and gas, which accounts for more than 90% of its GDP. Qatar invested huge billions in its domestic economy (infrastructure, refineries, ports, real estate, preparation for world cup 2022, etc). It still has huge amount of money, which could be invested strategically. It currently, invests billions of petrodollars in all 5 continents. It has bought shares in big companies in all kind of industries (oil and gas, banks, luxury, airlines, soccer etc). By doing so, it will even help other companies and countries invest in successful businesses and boost their economies. The other countries probably have national savings which are lower than the needed domestic investment. They will borrow from foreign savers (in this case Qatar) to compensate the difference. Qatar will also repatriate this money or even reinvest it. This is a way to create more wealth to Qatar and the Qatari people of the next generations. A similar phenomenon is seen in other GCC countries, Singapore or Norway which have the so called sovereign wealth funds, that move huge amount of money from one place to another searching for the best investment opportunities. National savings is beneficial for each nation,, which needs to invest in its domestic economy. It’s also important for other nations, which borrow the money in the international capital market. By doing so, they can make use of the capital flows to invest in their economies and pay back the loans. So in total the world economy is more dynamic. Huge amount of money go to where the investment opportunities are. As a conclusion, we can say that national savings and the resulting investment have huge implications on the wealth of a nation and of course on the well being of people in current and future generations.

Siddhartha Plot Analysis :: essays research papers

Siddhartha Plot Analysis Siddhartha decides to join the Samanas. â€Å"Tomorrow morning, my friend, Siddhartha is going to join the Samanas. He is going to become a Samana.† Govinda blanched as he heard these words and read the decision in his friends. Determined face, undeviating as the released arrow from the bow. Govinda realized from the first glance at his friends face that it was now beginning. Siddhartha was on his own way, his destiny was beginning to unfold itself, and with his destiny, his own. (Page 9) Analysis: This is Siddharthas first step towards moksha/ enlightenment. He believes that he must give everything up in order to reach is goal. This shows that he is serious about doing so. Siddhartha and Govinda leave the Samanas. â€Å"But very well, my friend, I am ready to hear that new teaching†¦Ã¢â‚¬  On the same day, Siddhartha informed the eldest Samana of his decision to leave him. (Page 22, 23) Analysis: They leave the Samanas when Siddhartha gets the notion that being an ascetic isn’t the way to achieve his goal. This is a little progression towards his goal and shows he is beginning to understand what he must do. Siddhartha and Govinda seek out the Buddha. The woman said: â€Å"You have come to the right place, O Samanas from the forest. The Illustrious One sojourns in Jetavana, in the garden of Anathadindika†¦Ã¢â‚¬  â€Å"Look,† said Siddhartha softly to Govinda, â€Å"there is the Buddha.† The Buddha went quietly on his way, lost in thought. His peaceful convenience was neither happy nor sad. He seemed to be smiling gently inward. (Page 26, 27) Analysis: Siddhartha believes he may be able to learn to become enlightened by the Buddha. Again, this shows how dedicated he is to his goal. Siddhartha and Govinda hear the teachings of the Buddha. â€Å"Today we will hear the teachings from his own lips,† said Govinda. They heard his voice and this was also perfect, quiet and full of peace. Gotama talked about suffering, the origin of suffering, the way to release from suffering. Life was pain; the world was full of suffering†¦Ã¢â‚¬  (Page 28, 29) Analysis: At this point Siddhartha realizes what he must do. This is a big turning point in this book and shows his true character. Siddhartha leaves the Buddha, Govinda stays. Govinda, the shy one, also stepped forward and said: â€Å"I also wish to pay my allegiance to the Illustrious One and his teachings.† He asked to be taken into the community and was accepted.

Food reflection Essay

1. Have you ever kept a food journal before? If so, why? I have done a food once when I was in high school. It was my sophomore year in health class. My teacher wanted us to learn about what kind of food we eat. So she made us do it for one weekend. She wanted us to share what we ate and how everyone ate differently. Some people ate healthier and some did not. She made us look at how much we ate and what she should do to eat healthier. 2. Did this food record make you more aware of what you were eating? Did it make you change your eating habits? Why or why not? This food record does make me more aware of what I am eating. Like for that certain day I ate more than the weekdays. On weekdays I would not have time to eat as much as I did because the weekdays I am busy with schoolwork. That day I was with friends during lunch but during dinner I was alone. I don’t think it will make me change my habit on eating. For me, I like to eat different things each day. I do not like to eat the same thing everyday. I like to change things up so I wont get tired of eating the same thing. This is why I feel like I do not need to change my habit because I do change everyday. This also showed me to eat other things. Like it showed that my vegetable and whole grains are low. Which means that I need to eat more things that have them in it than other food. 3. Did your food/drink intake indicate anything about what was going on in your daily life? No I do not feel like it indicates anything about what is going on in my daily life. Like going to the gym to run or walking around the park with friends. Some days when I am lazy, I would sit around and eat food all day long while watching TV. Then other days I would be out with people working and doing activities. I think the only thing the food report shows is the amount of food that is intake but does not show the other activities I do. The food report does not show if I were working at a job. Whether I would be sitting or standing all day. 4. What surprised you about your intake, if anything? One thing that surprised me in the food I ate was the amount of calories that are in some food. I never realized how much could be in one cup or a couple ounces. Usually I do look at the box where it has the calories and the food in it. While looking back at it, it seems as if the calories was not that important, the important thing is to look at the type of food that is in it. Like if there is any grains or meat or vegetable. I looked at the food report and it showed that my vegetables intakes are low. I thought I was fine with the vegetable but I guess I am not. 5. Was your eating pattern for this day usual? Why or why not? This was normal for my weekends. Like I know I can relax and eat as much as I want over the weekend than on the weekdays. On weekdays I am in class and out of class from 8AM to 2PM. If I were not in class I would be at work. So I do not have as much time to eat whatever I want or as much as I want. On a usually weekday, I would get a snack for the morning and then eat at 2 after all my classes are finished. On weekends I would typically eat more. Having a small meal in the morning and two big meals for lunch and dinner. 6. What changes will you make, if any, to your eating patterns after this assignment? Some changes as I said in some of the other questions are to eat more whole grains, eat more vegetables, and take in less refined grains and meat. I need to cut back on some meat because I know if I eat too much I will start to gain weight. While cutting back some of the food, I also need to start to go to the gym more often.

Zeena and Mattie, portraits of antifeminist characters in Edith Whartons Ethan Frome

When she wrote Ethan Frome, Edith Wharton used her pen rather than her fist to reflect her feminist values. In the novel, Ethan Frome written by Edith Wharton, feminist ideals, principles, and problems are demonstrated in the societal dictations that shape the lives of the characters, the pitting of a woman against a woman, and Wharton's strangely antifeminist characters. Several societal concepts such as these combined to bring Mattie into the Frome household; the idea that a woman should not be allowed to work alone to support herself, the gap left in a home when there is no female figure to fill the domestic role or the female figure is incapable of fulfilling her role, as Zeena was unable to do. There were two jobs that needed to be done in Ethan's world: the first job, the job of the man, was being the monetary receiver, while the second job, the job of woman, was the idea that she should focus her attention on the domestic needs of the household. Because Zeena cannot fulfill her roles, Mattie was brought in, creating an unbalanced, and eventually disastrous, home life. Ultimately, Ethan, Zeena, and Mattie all suffer from the entrance of Mattie into the marital life of Ethan and Zeena. This suffering is a direct result of society's pressure on Mattie to rely on her family rather than herself. In Wharton's Ethan Frome, women took the lower position they were assigned and then fought against each other, accomplishing the men's idea of inferiority and subservience. By working against one another, Mattie and Zeena are working for men's expectations: that they will simply care for the man of the house, rely on him completely, while they have nothing of their own and nothing that they do simply for themselves. In the novel, Ethan spends all day working on the farm and bringing in the money to run the household. While he is gone, Mattie cooks his meals and does other household chores but is essentially just sitting around waiting for him to return. As a character, Zeena is strangely antifeminist due to her insistence on work being done for her because she believes that she is too weak of body and mind to do it herself. Zeena spends her days in bed, contributing nothing to improve her and Ethan's life together. This means that she is not only completely dependent on Ethan, but she is effectively hurting their livelihood by only taking, not giving anything to help them both. Feminists believe that women can do whatever work men can do equally well, so by relying on Ethan to do the work she has deemed herself incapable of doing, Zeena is flouting feminist principle. By needing, not just wanting, a man to take care of her, in the main body of the novel, Zeena is an antifeminist character. The other lady of Ethan Frome, Mattie, is also not who one would consider to be a strong, feminist character. Mattie relies on the charity of others to survive, and when that charity dries up; she believes she has no resources off of which to live. Crippled, querulous, damned, she is transformed into the proper inhabitant of Starkfield. As a person, Mattie is incomplete in herself: she has earned nothing in her life except for the love of a man who can never be hers. Edith Wharton created antifeminist characters and by having those characters fail, she is able to express her message of independence leading to happiness, something that none of her characters achieved. In the feminist view, women should all be working together, helping each other out, as they are working towards the same goals. Instead of striving towards similar goals or attempting to further the position of the other, Zeena and Mattie continually beat each other down, in that quiet, manipulative way that women often do. Mattie acquires the love of Zeena's husband, which causes Zeena to expel Mattie from her house and send her away. From a feminist perspective, Mattie and Zeena are fighting over that which they should be fighting against, not only society but also a man.

The Salem Witch Hysteria Essays - Capital Punishment, Dead People

The Salem Witch Hysteria Essays - Capital Punishment, Dead People The Salem Witch Hysteria The Salem Witch Hysteria Specific purpose: To inform my audience about the Salem witch trials Thesis Statement: The Salem witch trials were a series of events that lead up to the hanging of 19 man and women in Salem Mass. I. Introduction- A. - The year, 1692. The place, Salem Mass. Imagine yourself a woman at home cooking dinner for your family. You peer out the window and find your husband finishing up his days work in the field while your children frolic about as the sun sets behind them. Or imagine yourself a man. Wiping the sweat from your brow as you hurriedly finish up a long days work with anticipation of dinner with the family. Now your at the dinner table , across from your husband or wife. You discuss the weather, how the day went , and the Reverend's most recent Sunday sermon. Suddenly, there's a knock on your door. It's the town magistrate with a warrant for your arrest. You are charged with the crime of witchcraft, examined , then found guilty . If you confess, you spend a lifetime in prison. If you maintain your innocence, you're hung. This is similar to a common scenario of what happened at the Salem witch trials. B- The Salem witch trials were a series of events that eventually lead to the hanging of 19 men and women. They took place in Salem Mass. in the year 1692. C- Who were the accusers? Who where the people being charged? What were the out comes of the trials and why ? Let's start with how it all began. II How did it all begin?- A - Rev. Samuel Parriss' daughter Elizabeth, age 9, and niece Abigail Williams, age 11, had a slave that cared for them : TITUBA B - Tituba tells story from native land C - Girls love stories and start playing with it. Joined by other girls in town. D- On Jan. 16, 1692, started to have fits , seizures , and trance - like episodes. Soon after that the rest of the girls did too. E- Rev. Parriss brought in Dr. William Griggs who could diagnose no medical reason for girls behavior. Concluded girls under influence of Satan. F- Pray services and community fasting held by Rev. in hoped of relaying the evil forces that plagued them. In efforts to expose the witches John Indian baked a witch cake with rye meal and the afflicted girls urine. G- Pressured to identify the witches, girls named 3 woman. Tituba, Sarah Goode, and Sarah Osborne. H- Goode and Osborne maintained their innocence while Tituba confessed to seeing the devil. AND testified to a witch conspiracy in Salem. I- Judges John Hawthorne and Jonathan Corwin examined the 3 women. Once again only Tituba confessed to practicing witchcraft. J- Over the next few weeks, more and more people came forward with accusations III - Who were these new accusers? - A - Most of the new accusers relates to the Putman family B - Ann Putnam Jr. - one of the afflicted children Age 12, accused a total of 62 people of being witches. C - Thomas Putnam - Chief filer of complaints in the Town of Salem. Aided Anne Jr. In her accusations by taking her to court. D - Her mother Anne Putnam SR in court room as much as daughter with accusations. Coincidentally in court room, would become afflicted. E - Mercy Lewis- Servant to Putnam's 17 years old. Also on of the afflicted girls F - Mary Walcot- Ann jr. Best friend. Afflicted girl. G - All 5 girls, Ann Jr., Mercy, Mary, Abigail, and Elizabeth were involved in Tituba's story telling, voodoo practicing, and fortune telling IV Who were the people being charged ? A - The 1st people accused of witchcraft were Tituba, Sarah Goode and Sarah Osborne. Once again , Tituba confessed, while Sarah Goode and Osborne still maintained there innocence. B - Sarah Goode- a prime example of what caused a lot of the accusations. She was viewed as socially undesirable. Sarah 's actions and attitude caused friction amongst other community members and it was no wonder she was accused. C - The next to be convicted was Martha Corey and Rebecca Nurse. Both were upstanding members of the community. Always

The Clemson Bikini Murder Case

The Clemson Bikini Murder Case On May 26, 2006, Clemson University student Tiffany Marie Souers was found dead in her off-campus apartment by a former roommate. She was wearing only a bra and had a bikini top wrapped around her neck. There was no sign of forced entry into her apartment. Police released surveillance photos of someone using Tiffanys debit card, shortly after she died, in hopes of finding her killer. Latest Developments Bikini Killer Appeals Death Sentence Previous Developments Bikini Killer Sentenced to Death Mistrial Sought in Bikini Killers Penalty HearingApril 20, 2009Attorneys for Jerry Buck Inman who entered a guilty plea for the murder of a Clemson college student have asked for a mistrial in the death penalty hearing in the Bikini Murder Case. Lawyers said prosecutors harassed and intimidated a defense witness hired to discuss Inmans troubled youth. Bikini Murder Sentencing DelayedSept. 11, 2008Sentencing for the man who pleaded guilty to the murder of Clemson University student Tiffany Marie Souers was delayed this week after an expert witness for the defense refused to testify even after being granted immunity. Jerry Buck Inman Pleads Guilty to Bikini MurderAug. 19, 2008Convicted sex offender Jerry Buck Inman has pleaded guilty to robbery, kidnapping, rape, and murder in connection with the death of a Clemson University student in May 2006. Inman admitted in court that he strangled the 20-year-old Tiffany Marie Souers with her bikini top. Change of Venue Denied in Bikini Murder CaseMay 8, 2008A South Carolina judge has turned down a motion by attorneys for Jerry Buck Inman to move his trial in the Clemson University bikini murder case to a different location. Judge Edward Miller ruled that the trial for the murder of Tiffany Marie Souers will take place in Pickens County in September as scheduled. Third Attorney Appointed in Bikini MurderApril 17, 2005A South Carolina judge has appointed a third attorney to help defend a convicted sex offender who is charged with the murder of a 20-year-old Clemson University student. Judge Demands Bikini Murder Suspects DNAJan. 8, 2007A South Carolina judge ordered convicted sex offender Jerry Buck Inman to give fingerprints and DNA samples to investigators. Death Penalty Sought in Clemson Bikini MurderAug. 23, 2006South Carolina prosecutors will seek the death penalty for Jerry (Buck) Inman in the murder of Tiffany Maria Souers. A gag order has been issued in the case. Suspect Captured in Clemson Murder CaseJune 7, 2006A registered sex offender suspected in the killing of a Clemson University student who was strangled with a bikini top was captured early in Jefferson County, Tennessee. Evidence Developing in Clemson Students DeathJune 1, 2006Authorities say they are fast developing evidence and expect a resolution in the case of a 20-year-old Clemson University student whose partially nude body was found in her off-campus apartment strangled with a bikini top.

The Best Novel Writing Software of 2019 (Including 4 Free Programs)

The Best Novel Writing Software of 2019 (Including 4 Free Programs) The Best Novel Writing Software of 2019 So, you’ve just started writing a novel - which means you’re figuring things out as you go. You probably have a flock of Google Docs to wrangle, you’re always scribbling on napkins, and you have no idea where anything is. If this scenario sounds familiar, there’s one thing you need: some good ol’-fashioned (well, more like new-fashioned) novel writing software.Luckily for you, we’ve come up with this list of the best, most affordable pieces of novel writing software in 2019. All of these will not only keep you organized, but also inspire you to keep writing till the very last page. And best of all, some programs cost nothing at all! In the spirit of thriftiness, let's start with your options. Which writing software is best for you? Find out here! âÅ" Ã°Å¸â€˜ ¨Ã¢â‚¬ Ã°Å¸â€™ » Reedsy Book Editor💠° Price tag: Free software!âÅ"…  Features: Format as you write, export files that are ready for instant distribution, track changes, choose between "classic" or "romance" themesTaking into account the fact that we created the Reedsy Book Editor (RBE), we'll admit this novel writing software holds a special place in our hearts. But it's not just ownership pride - we genuinely believe this tool can add a lot of value and assistance to the process of writing a book.Some authors like a software with lots of bells and whistles - tools to help you research, structure, and outline. Other writers prefer completely minimal softwares - free from too many functionalities that mostly just distract.The RBE offers a happy medium between those two poles. While it definitely has more features than a blank piece of paper, its functions are super user-friendly and geared at one goal: allowing you to write and format a beautiful book. The RBE was built to be a book pro duction tool that typesets as you write, turning your manuscript into a fully-formatted book or ebook that meets industry standards - and that can compete with traditionally published books that have been professionally formatted.In the "Writing Mode," you can insert chapter breaks, scene breaks, images, and end notes. You can view previous versions of your manuscript, in case you removed a passage you now want to re-add. When you've reached the milestone of a completed book (congratulations!), you can export a distribution-ready EPUB, Mobi, or PDF file.Head here to learn more about using the Reedsy Book Editor.FastPencil 💠° Price tag: Free software!Finally, you can export your manuscript under â€Å"Publication Setup.† Keep in mind, though, that this file will download as a ZIP, and you’ll still need to convert it to an EPUB or MOBI before uploading to Amazon and/or other ebook retailers.yWriter 💠° Price tag: Free software!yWriter is particularly well-suited for the user who’s determined to keep not just their writing organized, but their work schedule as a whole: it records your daily work and tells you exactly how much you have to write to stay on track. Of course, writers who prefer a more loosey-goosey schedule may find this a bit controlling. But then again, if you’re an erratic writer who struggles to make progress because of your own lack of a routine, yWriter’s schedule function may be just the kick in the pants you need.FocusWriter💠°Ã‚  Price tag: Free software (you can tip, though)!âÅ"…  Features:  A beautiful blank page for you to write your novelFocusWriter isn’t novel-specific software per se, but it will help you rocket-boost your productivity. And of course, it's completely, permanently free - no limited-time trial, no payment with a warranty, no â€Å"premium upgrade† - so you may as well try it out!Th is software is exactly what it sounds like: it helps you laser-focus your efforts onto writing, and nothing else. You can still format your novel and check your word count/daily goals via offscreen tools, but FocusWriter’s default state is simply a blank page. You can also use full-screen mode so the only thing you see is the page in front of you - just like writing IRL.For authors who struggle to concentrate on their work more than anything else, FocusWriter is a dream come true. You might also consider combining it with an app blocker like Freedom, so you won’t be distracted by your phone either. id=attachment_14651 style="width: 685px" class="wp-caption aligncenter">Just like the good old days. From FocusWriterAnd that rounds off our section on free writing software! Now let's get into your options for paid programs.Scrivener💠°Ã‚  Price tag: $44.99 license fee, free 30-day trialâÅ"… Features:  Corkboard planner with virtual index cards, planning templates, integrated outlining system, customizable full-screen interface, split-screen function, import and export capabilitiesScrivener is one of the most storied (no pun intended) programs in use today, having been beta’d by NaNoWriMo writers over a decade ago. It markets itself as a â€Å"typewriter, ring-binder, and scrapbook all in one,† and it certainly comprises plenty of helpful features. But Scrivener’s biggest benefit is the freedom it enables: with so many modes of organization that you can arrange to your heart’s desire, the program lets you write however works best for you.With S crivener, you can do as much or as little planning as you want, so you don’t feel pressured to stay within certain constraints. You can shuffle your notes, outlines, and even chapters around wherever you need. It also has one of the most generous trial periods on offer - you can use it free for 30 days, but they don’t have to be consecutive. So if you only opened the Scrivener app every other day, your trial would technically last for 60 days rather than 30. (And when you do decide to pull the trigger, there are almost always discounts to be found.)The only potential catch with Scrivener is that some authors might find it a little too liberating; it doesn’t provide much novel-specific instruction, as some other programs do. But it’s still an excellent organizational tool with a great interface. Whether or not you choose Scrivener just depends on how much guidance you feel you need. A sample of Scrivener's "novel" template. From  ScrivenerNovel Factory💠° Price tag: $39.99 license fee, free 60-day trialâÅ"…  Features:  Comprehensive  Ã¢â‚¬Å"Roadmap† that walks you through the parts of a novel, straightforward layout with separate tabs for outline, characters, locations, etc., automatic progress trackingThis program is ideal for those who want a bit of hand-holding as they embark on their writing journey. Novel Factory helps writers gradually develop all the necessary components of a novel: first its skeleton, then characters, scenery, conflict, POV, and so on. And their guiding Roadmap does not skimp on details! Each section breaks down a specific element, and includes examples and exercises to demonstrate how they apply within a novel.Again, this piece of novel writing software works best for beginners, or anyone getting back into fiction writing after a very long hiatus. However, it’s also good for writers who know they need rigor ous structure to succeed -   Ã¢â‚¬Å"plotters† rather than â€Å"pantsers." Novel Factory equips you with everything you could ever want, structurally speaking, and filling in its templates should give you a very clear sense of where your novel is headed.The Novel Factory interface is pretty basic, and the templates do serve more as accompaniment to the Roadmap, rather than the other way around. But if you want to create a detailed blueprint for your novel, Novel Factory might be the software for you. It’s currently built for Windows, but Mac users can use extracting software, or the online Novel Factory app (found under "Desktop Version"  here). 📚⚙ Novel Factory and more: the best novel writing software of 2019 NewNovelist💠° Price tag: $29.99 license fee with 30-day warrantyâÅ"…  Features:  Customized templates for your novel’s genre and story, storyboard â€Å"visualizer† and chapter organizer, in-program search engine for research, animated readback, dictation, and textual analyticsNewNovelist software’s greatest strengths are processing and evaluation. You input what your book will be about, and NewNovelist generates a template based on that info. You start writing your novel, and NewNovelist analyzes the content for proportional word count and reading level. Indeed, of all the software on this list, NewNovelist probably has the most technically advanced features. It even lets you dictate your story when you get tired of typing!This program also includes the standard lineup of organizational assets you get with most novel writing software: outlining, storyboarding, character profiles, etc. But it’s the cool techy stuff that makes it stand out. Pe rhaps the most brilliant feature on here is the built-in search engine, which allows you to research as you write without leaving the platform - so that you (hopefully) don’t get too distracted from the task at hand.Though it may not be as sleek as other programs (mostly due to the sheer abundance of features), NewNovelist is an incredible tool for authors whose first priority is sound literary construction. For interested parties, note that NewNovelist is another Windows-only program - but again, there are ways around that if you don’t have a PC. If you want to dictate your novel instead of writing it, NewNovelist could be the software for you ðŸâ€" £ Novel Suite💠° Price tag: $12/month or $99/year subscription options, free 7-day trialâÅ"…  Features:  Novel board for outlining chapters and scenes, various detailed templates, character profile sheets, research and image library sectionsNovel Suite is one of the most streamlined programs out there for writers. Right off the bat, it has a color-coded welcome screen where you can easily navigate among the different modules: your novel board, word processor, writing templates page, character list, image library, and finally an area for your research. It’s perfect for writers who might be overwhelmed by more complex interfaces, but who still need to organize complex ideas.As for Novel Suite’s actual modules, its writing templates are where the program really shines. Novel Suite includes six templates, full of specific questions and thoughtful tips to help you plan your novel. For example, the â€Å"Starting Out† template encourages writers to think abo ut â€Å"the overall story journey† and â€Å"how to capture readers,† while still allowing for flexibility.The subscription-only model will naturally deter some writers from this program. But it's worth giving the free trial a go - you might find that the writing templates alone are worth the price. Especially for those who find themselves frustrated with typical templates and wanting something more nuanced, Novel Suite definitely delivers the goods. id=attachment_14649 style="width: 682px" class="wp-caption aligncenter">AutoCrit💠° Price tag:   $10/month for the â€Å"basic† plan, $30/month for â€Å"professional,† $80/month for â€Å"elite,† or $1 for a two-week trialâÅ"…  Features:  Depends on the plan, but â€Å"professional† is considered full-use - entails genre filtering, an array of editing options for pacing, dialogue, â€Å"strong writing,† word choice, repetition, and direct comparisons to bestselling worksWhile other pieces of software help you organize, develop, and even self-edit your story, they don’t include the in-depth editorial functions and services that AutoCrit does. This is the program to use if you already have a decent-sized draft of your novel, or if you’re a micromanaging kind of writer who likes to edit meticulously as you go.AutoCrit tests your work for all the factors above, and even individual elements within those factors. So for exam ple, after selecting â€Å"word choice† as your focus area, AutoCrit then allows you to narrow it down even more: do you want to check for generic descriptions? Improve your sentence starters? Work on personal phrases? You can achieve all that and more with AutoCrit.The program also boasts an appealing modern interface, and decent prices considering the range of editing possibilities. Some writers might be reluctant to shell out for an editing program - but those writers are probably blissfully unaware of how hard it is to self-edit. When you think of it that way, AutoCrit is an amazing service: it helps you edit your manuscript with the perspective of a professional, from the comfort of your own home. AutoCrit's software is just like another pair of 👀 on your novel WriteItNow💠° Price tag: Free demo (doesn’t save your work), $59.95 license feeâÅ"…  Features:  Front and back matter sections, chapter outlines, element sheets, wide range of editing tools  including readability score and repetition finderWriteItNow’s no-frills design facilitates that all-too-elusive endeavor for aspiring authors: to simply write. Its interface is pretty basic, with a toolbar at the top for quick access to any section of your planning and a sidebar to keep track of the actual writing. But don’t let its minimalism deceive you: WriteItNow also offers a variety of unique resources, especially for editing your novel.After you’ve written a chapter or two with WriteItNow, not only can you check things like spelling and word count, you can also run editorial â€Å"Critiques† via the Editor Tools tab. The program will point out any repetitive phrases, unnecessary â€Å"padding† words, and even clichà ©s you might hav e used - helping you polish your writing in the same way a third-party copy editor might.Another one-of-a-kind feature in WriteItNow is the automatic â€Å"Create Idea† function. You can select a character and a type of idea - in a maneuver reminiscent of choosing personality traits on The Sims - and the program will spit out creative prompts. It might be something you can integrate into your story, or a thought exercise to flesh out your characters.This program may also seem a bit on the pricey side - however, the license fee does cover both Mac and PC versions of the software. In any case, WriteItNow absolutely lives up to its name in terms of helping writers get their work done, and you can’t put a price on that. id=attachment_14650 style="width: 703px" class="wp-caption aligncenter">We told you it was like The Sims!For book formatting software, check out this post on Vellum.Remember...No novel writing software is actually magic - that is, none of it's going to write your novel for you. But with the right tools to lend you some structure, focus, and a dash of inspiration, you might just be able to get ‘er done all by yourself.Ever tried using writing software? Tell us about it in the comments below!

The Effect Pollution Has On the Planet Essay Example | Topics and Well Written Essays - 3000 words

The Effect Pollution Has On the Planet - Essay Example In addition, many of these waters ultimately find their way to ocean waters which has cause large areas of the seas to be barren of life. Air pollution causes respiratory problems and, more importantly, is causing the Earth’s climate to change, the consequences of which are far-ranging and potentially catastrophic. Lawmakers have focused their efforts to address the pollution of America’s waterways by passing legislation intended to reduce the amount of contaminants discharged from factories but the American fresh water systems remain polluted. According to the Environmental Protection Agency, roughly 40 percent of the country’s lakes, rivers and streams still are unsafe for fishing or swimming because they are overburdened with silt and chemicals from thousands of small sources, a circumstance known as â€Å"non-point† pollution. This phrase refers to polluting the waterways other than by dumping chemicals directly into the water such as improperly discarded motor oil, pesticides, lawn chemicals, fertilizers or animal waste from commercial farms. Fertilizers and pesticides from agricultural sources, point of contact, cause more of the pollutants affecting the fragile water systems than commercial pollutants. These systems run across the â€Å"Breadbasket† areas of A merica then are deposited in ocean waters of the East Coast and oxygen-depleted Gulf of Mexico. Large areas of these seas have been designated as ‘dead zones.’ Vast areas of East Coast waters and the Gulf of Mexico can no longer support life such as crabs and shrimp. These dead zones are constantly expanding. â€Å"The dead zone fluctuates in size each year, extending a record 8,500 square miles during the summer of 2002 and stretching over 7,700 square miles during the summer of 2010.† (â€Å"Facts,† 2010) Ammonia, a lethal gaseous form of nitrogen released during waste removal, can travel hundreds of miles through the air before falling back to Earth either on the ground or in the water, where it produces algal blooms which kills fish. â€Å"Fertilizers and animal waste from factory livestock farms have helped trigger an unprecedented number of algal blooms, destructive growth spurts that clog waterways and suffocate fish.† (Warrick, 2001). Most i nfamous were outbreaks of deadly algae, including Pfiesteria piscicida, an organism blamed for the deaths of a billion fish along the coast of North Carolina. The quantity of fresh water for drinking continues to be significantly reduced because of chemical pollutants. This regretful circumstance is especially difficult for drought-stricken areas. This critical situation is reversible but must involve educating small and large-scale farmers to more environment friendly means of growing crops and requiring its implementation. A water restoration program initiated by the federal Clean Water Act of 1972 determines the maximum quantity of a pollutant that a body of water can have and still meet federal quality standards by using a calculation named The Total Maximum Daily Load. This is the primary legal remedy for government intervention concerning non-point water pollution. Federal regulations require state administrative bodies to take into consideration all sources of pollution acros s the watershed (drainage basin) of a river. â€Å"Watershed is the term used to describe the geographic area of land that drains water to a shared destination† (â€Å"Report,† 2011). Water, in the form of melting snow or rain, drains toward the lowest point in a

Essay Prpposal and Annotated Bibliography Research Proposal

Essay Prpposal and Annotated Bibliography - Research Proposal Example Tom and Maggie, the main characters chose different ways to fight against past (time) but their fight become futile under the flow of time. The Novel begins with the early life of the heroine, Maggie Tulliver and ends with the death of Maggie and her brother Tom, in a flood on the river Floss. The plot of the novel is quite slow moving but it helps to have an accurate measurement of time. The river Floss itself represents time, which is endless and ever flowing. The past haunts Tulliver family with Mr. Tulliver’s death, family crises, bankruptcy, and loss of the Mill etc. Tom is more practical than Maggie. But Maggie wasted her intellectual aptitude in her socially isolated state and she embraced intense spirituality. The death in flood denotes the end of time and the novel. The strong bond of love between brother and sister signifies ever flowing time. The series of events in the life of Tom and Maggie force them to struggle against death, the point of no return. George Eliot points out that: (â€Å"And every man and women mentioned in this history was still living† (Eliot 591) the story of Tulliver family ends with the death of Tom and Maggie but history never ends. The ever flowing river Floss or time is represented as the force that is capable to determine the destiny of Tulliver family. So, the ways that time is measured and marked in the novel helps to connect the present state to past and future. George Eliot use time to measure the development of the story and it leads to the last conflict and doom of Tom and Maggie. The time is marked and measured and this helps the reader to have a clear idea cyclic procedure of time, i.e. nature. Moreover, time unveils the past of Tulliver family and leads the important characters to their destiny. The Journal Article by George Eliot, Theodor Storm and John T. Krumpelmann, namely â€Å"George Eliots The Mill on

International Construction Contracts Essay Example | Topics and Well Written Essays - 3750 words

International Construction Contracts - Essay Example ligation that is voluntary, contrast to paying different compensations for restitution and tort in order to reverse any unjust enrichment, the English law places value on making sure that people truly consent to the deals binding them in court2. In general, a contract is formed when an individual makes an offer that is accepted by another person by communicating their performing or assent terms. If these terms are certain and contracting individuals can be presumed based on their behavior intending that the terms and condition are binding, the agreement is enforced. According to English contract law, contract law works best in situations where an agreement is achieved, and a resource to courts is not needed due to parties understanding their duties and right. According to the failure to give possession clause, which is Clause 43. 2, states that in case a contractor incurs costs or suffers delay from failure on the employer’s part to give possession according to the terms guided by sub-clause 42.1, the contractor shall, after consultations with the employer, determine the extension of time entitled to him or her according to clause 44, and the cost that shall be added to agreed contract price3. In this case, the contractor incurred additional cost due to delays cause by the employer. The contractor requested for time extension and additional cost to compensate for the cost incurred during the time and that shall be incurred in futures due to the delays. NCG should not to follow the conflict resolution process and accept the 60% offer given. I would advise NCG to avoid any other pursuit for more time and cost because according to the conditions of work contract of civil engineers construction 4th edition, the company is entitled to an extension of time and cost as decided by the engineer. According to this situation, the engineer had determined that the time and cost that the project needed was half of the cost and time. According to the English law, the engineer

American history Research Paper Example | Topics and Well Written Essays - 250 words

American history - Research Paper Example s abolished more than one hundred and fifty years ago, the legacy of slavery continues to have important ramifications on the lives of African-Americans today. Accordingly, African-Americans have lower-life expectancies than their white counterparts and the insidious legacy of slavery has many ramifications. Seeking to understand the paradox of American liberty and a shameful legacy of slavery, Edmund S. Morgan does an excellent job highlighting an oft-ignored aspect of American history with ramifications on the lives of Americans today (see Williams and Tucker 2000; Morgan 3-13 ). Seeking to highlight the American history of slavery, Edmund S. Morgan demonstrates that while the United States evolved during the concept of freedom and liberty from colonial Britain, to a large extent â€Å"Americans bought their independence with slave labor† (3). Many of the founders – paternally referred to as the Fathers of Independence – were slaveholders themselves and their concept of freedom pertained only to a certain class of people. Most often, their notions of freedom were limited and excluded non-whites, women and those without property. Thus, this concept of freedom, so engrained in the American psyche and so much a part of the American historical narrative, was a limited sort of freedom which was inherently exclusionary and certainly not universal. Furthermore, when Thomas Jefferson, the world-renowned spokesperson for American freedom and liberty, discussed the abolition of slavery, â€Å"he found it inconceivable that the freed slaves should be allowed to remain in the country..† (8). Exploring racial discrimination in both England and the American colonies during the late period of British rule in the Americas, Morgan argues that the dual and polarizing concepts of slavery and freedom were both â€Å"intertwined and interdependent, the rights of Englishmen supported on the wrongs of Africans...The American Revolution only made the contradictions more

Serial Killers Research Paper Example | Topics and Well Written Essays - 1250 words

Serial Killers - Research Paper Example Convicted serial killers have aided in the investigation for the motives of their actions as well as those who develop the vice. Introduction There are many vices that are portrayed by human beings who suffer from psychological disorders. Such vice include engaging in very heinous and inhumane acts. Such acts include domestic violence, child abuse, rape and stalking. People who engage in these acts do so in the search for psychological gratification. The main motivator to these vices is the urge to satisfy one’s pathological interests to experience power over the other humans. Serial killing is one of the most disturbing acts that people engage in. multiple murders that are very gruesome. Serial killers are known to be very cunning and heartless. A serial murderer can kill quite a big number of people before being cornered. This is mainly because the serial killers commit perfect crimes whereby they leave very insignificant or no evidence behind. Murder detectives can take mon ths trying to follow the steps of a serial killer. The most tasking part of hunting for a serial killer is trying to predict their killing pattern. Once a serial killer becomes predictable, it gets easier to corner them. Serial killers can also be caught in the act or identified by witnesses or even forward themselves to the authorities and confess. This paper focuses on a research conducted on serial killers. The reason for studying on serial killers is to try and shed some light on why serial killers engage in such inhumane deviant behavior. The information in this research paper has been gathered from various studies and reports on serial killers. Literature review Numerous studies have been undertaken on serial killers in the past. These are in an attempt to give the causes and the motivators of the deviant behavior. According to previous research, majority of the serial killers in the U.S are white males. Majority of the killers are usually in their late 20s. Black Americans ma ke up for 16% of the serial killer cases reported by the media. Researchers have established the basic characteristics of a serial killer. These include being generally intelligent, some may be from unstable relationships, most of the m are victims of abuse from their past, they have fetishes that they have obsessions for, they are sadists and in most cases they have been involved in crimes before. It is difficult to predict who is a killer or who is not in a society where many people portray one or several of the characteristics (Vronsky, 2004). Serial killers can also be very intelligent and successful people in the society who do not show any of the characters associated with serial killers. For instance in the reported case of Harold Shipman, who was very respectable man and a professional working with NHS, he was discovered to be a serial killer by the authorities. The man was a public figure in the community and he was well known for his award in the charity work supporting ch ildren with asthma. The community was shocked to know the true character of the psychopath in him. Similar cases have been reported in the past about respectable people turning out to be psychopathic serial killers (Vronsky, 2004). According to many theorists, for one to become a serial killer, they have to have some motivational factors. Many psychologists believe that serial killers

American history Research Paper Example | Topics and Well Written Essays - 250 words

American history - Research Paper Example s abolished more than one hundred and fifty years ago, the legacy of slavery continues to have important ramifications on the lives of African-Americans today. Accordingly, African-Americans have lower-life expectancies than their white counterparts and the insidious legacy of slavery has many ramifications. Seeking to understand the paradox of American liberty and a shameful legacy of slavery, Edmund S. Morgan does an excellent job highlighting an oft-ignored aspect of American history with ramifications on the lives of Americans today (see Williams and Tucker 2000; Morgan 3-13 ). Seeking to highlight the American history of slavery, Edmund S. Morgan demonstrates that while the United States evolved during the concept of freedom and liberty from colonial Britain, to a large extent â€Å"Americans bought their independence with slave labor† (3). Many of the founders – paternally referred to as the Fathers of Independence – were slaveholders themselves and their concept of freedom pertained only to a certain class of people. Most often, their notions of freedom were limited and excluded non-whites, women and those without property. Thus, this concept of freedom, so engrained in the American psyche and so much a part of the American historical narrative, was a limited sort of freedom which was inherently exclusionary and certainly not universal. Furthermore, when Thomas Jefferson, the world-renowned spokesperson for American freedom and liberty, discussed the abolition of slavery, â€Å"he found it inconceivable that the freed slaves should be allowed to remain in the country..† (8). Exploring racial discrimination in both England and the American colonies during the late period of British rule in the Americas, Morgan argues that the dual and polarizing concepts of slavery and freedom were both â€Å"intertwined and interdependent, the rights of Englishmen supported on the wrongs of Africans...The American Revolution only made the contradictions more

Employee relations Coursework Example | Topics and Well Written Essays - 3000 words

Employee relations - Coursework Example Collective bargaining is a major source of organizational conflict and negotiation strategies have the power to accelerate or decelerate the business operations of an organization. The incidents of industrial democracy in United Kingdom has marked development in employer employee relationship and the management initiative of employee participation in decision making has successfully accelerated the scope for organizational development (Pattanayak, 2014). The paper will concentrate on the employee relations, the cause and effect of conflict as well as the role of negotiation in collective bargaining in order to evaluate the relevant strategies of human resource management and organizational behaviour and how the application of these strategies can help to establish stability in an organizational framework. Organizational conflict many be defined as the disagreement arising out of employees as a result of perceived differences in values, cultural norms, interests as well as substantial and intangible needs of the employees working together in an organizations. Excessive use of power and authority also leads to generate dissatisfaction among individuals which in turn tends to create conflict (Rahim, 2015). In order to evaluate the procedures an organization should adopt for the purpose of dealing such organizational conflict, it is important to identify the reasons behind it. Organizational structure and culture is the most significant source of conflicts. For instance, an organization using matrix structure obligates the employees for dual reporting that leads to create ambiguity regarding their routine responsibilities. Global companies that integrate geographically dispersed provinces across world frequently experience employee conflicts as a result of cultural differences among the employees coming from different race and religion. Scarcity and improper distribution

Why did relations between the soviet union and the US change in the years 1943-1956 Essay Example for Free

Why did relations between the soviet union and the US change in the years 1943-1956 Essay The first reason is that Roosevelts death in April 1945 brought an end to any superficial unity that still existed at the end of World War 2 in 1943. Truman was now the American President, and relations between him and Stalin were deteriorating very quickly indeed, especially when Stalin was such a determined character and Truman was less willing to compromise, compared to Roosevelt. The second reason is that America had developed the atomic bomb in June 1945. This played a major part in the change in Trumans attitude at the Potsdam Conference in the same year. The successful development of the atomic bomb had lifted Truman on his high horse, and this links back to his attitude that clashed with Stalin. Now Truman was even more arrogant, and as a result, it made Stalin even more determined to get his way. The third reason is that as a result of Churchills Iron Curtain Speech, the Truman Doctrine and Marshall Aid, Stalin had responded to these by forcing communism on Eastern Europe, then Comecon and Cominform, and hence the Berlin Crisis. This point marks the peak of the Cold War when relations between the USSR and the USA were at their worst. This was because of the Berlin Blockade, when America had humiliated Stalin so devastatingly, with Stalin on the verge between firing at the airplanes, or ignoring them and keeping the blockade up. This is another example of Stalins stubborn nature, as seen in the Potsdam Conference mentioned in the previous paragraph. Finally, the fourth and last reason is that as a result of the Berlin Crisis, President Truman had signed the NATO agreement in 1949, which was a clear union of America and Western Europe against the USSR and Eastern Europe, and most importantly, against Communism. This made Stalin furious, and he responded in defence with the Warsaw Pact in 1955. This move shows that he is not to be outdone, and hence here at the peak of tension and conflict from 1943-56 we see the complete change that has occurred in the relation between the two powers.

Virtual University System Limitations

Virtual University System Limitations Virtual University:  Literature Review Technology today allows us to record, analyze, and evaluate the physical world to an unprecedented degree. Enterprises in the new millennium are increasingly relying on technology to ensure that they meet their mission requirements. It is important to note here that, â€Å"Educational organizations have been referred to as complex and arcane enterprises† (Massy, 1999). For educational institutions, this reliance on technology will require new mission statements, revised catalogs and other materials, different learning environments and methods of instruction, and, perhaps most significantly, new standards for measuring success. To achieve these objectives, several initiatives in the form of web based systems, simulations, games etcetera are being developed and tested. Among these approaches, simulations and games are found to be the most effective ones (Massy, 1999). The author will review one such initiative, namely ‘Virtual U’ also known as Virtual University (Vi rtual U Project, 2003). The author will begin with a brief review of the use of simulation and gaming approaches in educational institutions. In the last decade, behaviorist approach has given way to constructivist approach in the field of instructional design. Behaviorist approach is an instructor led approach in which formal concepts and systems can be transmitted to students by giving them formal descriptions in combination with the presentation of examples (Leemkuil et al., 2000). On the other hand, Constructivist approach is a student led approach in which the students learn through activity or social interaction such as games, simulations, and case studies (Jacques, 1995). Gaming is considered to produce a wide range of learning benefits like, improvement of practical reasoning skills, higher levels of continuing motivation, and reduction of training time and instructor load (Jacobs Dempsey, 1993). Games are effective communication tools because they are fun and engaging (Conte, 2003). Simulations are also very close to games. Simulations resemble games in that both contain a model of some kind of system and learners can provide both with input and observe the consequences of their actions (Leemkuil et al., 2000). Virtual U was conceived and designed by William F. Massy, a professor and university administrator and the president of the Jackson Hole Higher Education Group (PR Newswire, 2000). The project was funded by $1 million from the Alfred P. Sloan Foundation in New York. Data were provided by the Institute for Research on Higher Education at the University of Pennsylvania (Waters and Toft, 2001). In designing the game, Massy and Ausubel (Program Director, The Alfred P. Sloan Foundation) included detailed data from 1,200 U.S. academic institutions, as well as information culled from government sources (Schevitz, 2000). The first version of Virtual U which was released in the year 2000 was produced by Enlight Software of Hong Kong and was sold commercially for about $129 (Goldie, 2000). The Virtual University system was developed along the lines of the popular game known as, ‘SimCity’. The primary objective of the Virtual U game was to develop the skills of the players for managing an educational institution. According to Moore and Williams (2002) ‘Virtual U will let you test your skill, judgment, and decisions’, while managing an educational institution. This game based environment has been designed specifically to enable any person to tackle various scenarios and problems that are usually encountered in an educational institution. â€Å"The game is driven by a powerful simulation engine that uses a combination of micro-analytic and system dynamics methods and draws on an extensive compilation of data on the U.S. higher education system† (Massey, 1999). Technically the system was developed using C++ in a windows based environment. Virtual U in its current state does not run on the ‘Macintosh’ based systems due to the us age of proprietary windows based graphics. However, it is envisaged by the authors that a version for Macintosh users will be developed in the near future. The Virtual U game employs several strategies and allows the user or the player as per his/her requirements (Rainwater et al., 2003). In general the player is appointed as the University president and allowed to manage the University as a whole. In this role the player is concerned about institution level policies, budget etcetera. Then there are scenario based strategies like improving teaching or research performance in a particular faculty, where the player assumes the role of a faculty head (Rainwater et al., 2003). Lastly there are a possible 18 chance cards. Chance cards are emergency situations that arise during the game play and require immediate attention. Overall, Virtual University not only allows players to explore secondary and tertiary effects of a couple of years worth of actions they might take as academic administrators but they can also customize it by adjusting everything from the size of the faculty and student body to the cost of maintaining campus roads and buil dings (Conte, 2003). Moore and Williams (2002) identify a few limitations in the Virtual university system. 1. One needs to have extensive administrative knowledge or experience to play Virtual U effectively. The amount of prior knowledge required may prohibit some of the audiences to use the system. 2. Second limitation is pertaining to performance indicators. There is lack of assessment-informed decision making in the game. The â€Å"teach better† goal is one of the game scenarios, yet there is nowhere a link between the teacher quality and the student learning. 3. Educational quality and prestige indicators are the two performance indicators the developer advises the player to pay close attention to. Within the educational quality framework, one has access to quantitative inputs and outputs (for example, number of degrees granted) rather than measures of quality. Also there are a limited number of variables which a player can chose or adjust (course mix, number of students shut out of courses, level of faculty teaching talent, class size, faculty morale, and faculty time devoted to teaching activities). The prestige indicator is even more limited. 4. A final Virtual U limitation identified by Moore and Williams (2002) is its lack of flexibility in the area of faculty management. While a player may reallocate departmental resources, teaching loads, and priorities in hiring new faculty, he cannot actually fire or remove faculty. The developers acknowledge on several occasions that the game is fairly complex and is not easy for beginners to start with (Massey, 1999). The author of this review believes that learning a complex game will be fairly difficult and time consuming for the users (administrative) who are already on a tight time schedule. Even postgraduate research students seldom get time or would like to play games if not related to their own research. Younger students would be easily attracted to such complex games and learn them quickly even though it might not be of much use for them in the short term. In addition to these factors the availability of a windows only version of the system will restrict an ever growing community of ‘Macintosh’ users in the United States educational institutions. Despite the above mentioned limitations, Virtual U is a useful and laudable effort (Moore and Williams, 2002). On the whole the Virtual U is a good introduction to those that wish to get a feel fo r the day to day operation of a university (Waters and Toft, 2001). References Conte, C. (2003). Honey, I shrunk the deficit! Retrieved February 17, 2006, from http://proquest.umi.com/pqdweb?did=77042147Fmt=7clientId=8189RQT=309VName=PQD Ellington, H.I. Earl, S. (1998). Using games, simulations and interactive case studies: a practical guide for tertiary-level teachers. Birmingham: SEDA Publications. Leemkuil, H., Jong, T. d., Ootes, S. (2000). Review Of Educational Use Of Games And Simulations. Retrieved February 17, 2006, from http://kits.edte.utwente.nl/documents/D1.pdf Goldie, B. (2000). A computer game lets you manage the university. The Chronicle of Higher Education Retrieved February 17, 2006, fromhttp://proquest.umi.com/pqdweb?did=47712857Fmt=7clientId=8189RQT=309VName=PQD Jacobs, J.W. Dempsey, J.V. (1993). Simulation and gaming: Fidelity, feedback and motivation. In: Leemkuil, H., Jong, T. d., Ootes, S. (2000). Review Of Educational Use Of Games And Simulations. Retrieved February 17, 2006, from http://kits.edte.utwente.nl/documents/D1.pdf Jacques, D. (1995). Games, simulations and case studies a review. In: Leemkuil, H., Jong, T. d., Ootes, S. (2000). Review of Educational Use Of Games And Simulations. Retrieved February 17, 2006, from http://kits.edte.utwente.nl/documents/D1.pdf Leemkuil, H., Jong, T. d., Ootes, S. (2000). Review Of Educational Use Of Games And Simulations. Retrieved February 17, 2006, from http://kits.edte.utwente.nl/documents/D1.pdf Massy, W. F. (1999). Virtual U: The University Simulation Game. Retrieved February 17, 2006, from http://www.virtual-u.org/documentation/educause.asp Moore, D. L., Williams, K. (2002). Virtual U. Assessment Update Retrieved February 17, 2006, from http://search.epnet.com/login.aspx?direct=truedb=aphan=10350107loginpage=Login.aspsite=ehost PR Newswire, (2000). Virtual U Released; University Management Goes High Tech Computer Simulation Tackles the Management Challenges of Higher Education. February 17, 2006, from http://proquest.umi.com/pqdweb?did=55540413Fmt=7clientId=8189RQT=309VName=PQD Rainwater, T., Salkind, N., Sawyer, B., Massy, W. (2003). Virtual U 1.0 Strategy Guide. Retrieved February 17, 2006, from http://www.virtual-u.org/downloads/vu-strategy-guide.pdf Schevitz, T. (2000). University Game Plan / Professor emeritus computer simulation lets players test skills as college administrators. San Francisco Chronicle, February 17, 2006, from http://proquest.umi.com/pqdweb?did=47957859Fmt=7clientId=8189RQT=309VName=PQD Virtual U Project. (2003). Virtual U. Retrieved February 17, 2006, from http://www.virtual-u.org Waters, B., Toft, I. (2001, October) Virtual U: A University Systems Simulation. Conflict Management in Higher Education Report Retrieved February 17, 2006, from http://www.campus-adr.org/CMHER/ReportResources/Edition2_1/VirtualU2_1.html

Dunbar’s Identification with Indians in the Film, Dances with Wolves :: Movie Film Essays

Dunbar’s Identification with Indians in the Film, Dances with Wolves In the film Dances with Wolves, the settlers view the Indians as primitive and uncivilized creatures. Dunbar, played by Kevin Costner, needs a change of pace so he decides to go to the "furthest outpost." Upon arriving at his post, he gradually realizes that the Indians are just as scared of him as he is of them. Soon Dunbar identifies with their way of life and in the end has to choose to live either as a settler or as an Indian. The first scene in which we are introduced to the Indians, Timmons and Dunbar are making their way to the post. Along the way they find a human skeleton with an arrow protruding from it. The next morning when Dunbar wakes up Timmons, he jabs him in the rear with an arrow. The irony in it is that when Timmons is returning to town he is attacked by Indians and the first arrow that makes contact with his body hits him in the rear. Kicking Bird is the first Indian that Dunbar comes in contact with. After bathing one day Dunbar sees an Indian (Kicking Bird) trying to steal his horse. Dunbar, not realizing that he doesn't have any clothes on, runs after Kicking Bird to try to rescue his horse. Needless to say both Dunbar and Kicking Bird were scared of the other. This scene is followed by, several braves attempting to steal Dunbar's horse, but every time his horse returns to the post. After a period of time, Dunbar decides it is time to meet the Indians. On his way to their camp he runs into a woman who has slit her wrists and is bleeding to death. The woman, who he later finds out is Stands with a Fist, is scared of the white men because she believes that the white men will take her captive. The irony in this is that when she was a child, Indians had killed her parents, taken her captive and raised her as their own. Out of exhaustion and blood loss Stands with a Fist collapses and Dunbar carries her on his horse to the Indian village. Upon entering the village, Dunbar attempts to convey to them that he means no harm by stopping his horse and carrying Stand with a Fist to the man who appeared to be the chief.

50 Shades- Feminist Theory

Erica Freedman 1-24-2013 Feminist Theories in Intercultural Perspective- Hoffman The explosively popular 50 Shades of Grey series depicts Ana Steele, an aspiring young writer who quickly falls into the clutches of an extremely seductive and successful Christian Grey in a dominant/ submissive love story. Easily sweeping the young and restless girl off her feet, Grey’s confident and demanding presence starkly contrasts Ana’s who is known to self deprecate and hide behind plain clothing or a pile of books.From the onset it is clear that stereotyping Ana as frail and naive are what allow Christian to appear as the ultimate prince charming. Ana is initially depicted as independent: hyper-focused on a successful career in the literary world, the perfect daughter and the perfect student who has never had time for a boyfriend. Her best friend and roommate Kate is even more self-sufficient as the requisite foil with the outspoken personality and journalistic go-getter attitude. When Kate and Ana lose site of their goals due to the handsome pair of successful brothers, two gender aspects are highlighted.Kate’s strength is suddenly depicted as a mask that was disguising her truly feminine and love seeking qualities. Her priorities become completely disheveled and all she begins to desire is spending more time with her new infatuation. Ana grapples with a watered down battle of morality where she claims to feel immense discomfort in having an overpowering lover who can get her to do anything he wants, while still wanting to make her own way. This idea is consistently undermined by her actions throughout the story.For instance, after saving herself for the perfect person for twenty-two years, Ana is convinced to giver herself away in a one-night stand with Grey. Immediately past this point, Christian places Ana in a highly-controlled, powerless relationship where he stalks her, takes all of her time and insists on buying her things she supposedly does n ot desire–including a new wardrobe and a higher position in a publishing company that he decides to acquire a few weeks after she begins interning there.Anastasia is suddenly incapable of talking to one of her closest friends, Jose, because of Christian’s overwhelming jealousy. Ultimately, Anastasia caves to his wishes on that front as well. As sexually liberated and filled with love as Christian makes Ana feel, he also easily and quickly strips her of as much of her independence as he can. It is these traits that make the existence of their relationship possible. Without Ana’s willingness to adhere to Christian’s expectations and demands, she cannot have him, and so she does what is expected of her instead.

Land Cover And Climate Change In Minnesota Environmental Sciences Essay

Anthropogenic land usage alteration is an of import issue in planetary alteration surveies. Population growing has resulted in an of all time increasing demand for nutrient, which is in bend resulted in a world-wide enlargement and intensification of cropland and grazing land ( Turner et al. , 1990 ) . Most of the clip, this enlargement took topographic point at the cost of natural primary grassland and wood ( Goldewijk, 2001 ) . Changes in land screen have considerable impact on local and regional clime, including regional air temperature, hydrological cycling and biogeochemical cycling. Vegetation features like rooting deepness, canopy denseness, flora tallness and evaportranspiration rate ( stomata conductance ) can all impact the regional clime. Land screen alteration can modify the land surface reflective power, therefore change the energy balance of the Earth surface. Both leaf colour and canopy denseness contribute to albedo. If the homo induced cropland/pasture has higher reflective power, so the Earth surface will reflect more solar radiation and absorb less. The surface temperature of the Earth will be reduced, frailty versa. Cropland normally has higher evaportranspiration rate than natural grassland. Thus an country modified from natural grassland to cropland, for illustration, may increase the local H2O vaporization rate. The dirt will be drier due to higher evaportranspiration rate, but it is difficult to state if the precipitation will increase or diminish in this part harmonizing to increased H2O vaporization rate, because it is depending on the air circulation form of this part, excessively. The hydrological rhythm and the energy rhythm are non independent from each other. The stage alteration of H2O affect the energy rhythm through absorbing and let go ofing latent heat. Wind form may alter due to set down screen alteration. When a natural wood is cut down to turn harvests, for illustration, the surface raggedness will be mostly changed. Wind velocity within this part, as a consequence, will increase because of decreased shear emphasis & A ; Acirc ; at the surface. Change of land screen besides affects the green house emanation of the ecosystem to the ambiance.2. Evidences of Land Cover Change of Minnesota over the past 300 old ages2.1 Historical archiveIn 1837, land of Minnesota was purchased from the Sioux Indians around the St. Croix River. Lumbermans and husbandmans settled the first little towns of Minnesota, including St. Paul, St Anthony ( Minneapolis ) , and Stillwater. In late 1800s, wheat farms were started in southern Minnesota and Minneapolis became one of the universe & A ; acirc ; ˆâ„ ¢s taking flour centres. In 1878, 68.98 % of tilled land in Minnesota devoted to wheat production, the high point for wheat husbandmans in Minnesota.2.2 Land SurveySurveyors puting out Minnesota ‘s public land study system in 1848-1907 recorded the size and species of the larger trees they used as markers ( bearing trees ) , every bit good as general descriptions of the physical geographics of the landscape they traversed. Although non a complete flora study, the General Land Office records provide much valuable item about how the province looked at the clip of European colony. Figure 1 describes land screen informations from the mid-1800s, as recorded at the clip of European colony. & A ; Acirc ; The southern and western parts of the province are natural prairie. Oak gaps and aspen-oak lands, in assorted sunglassess of brown, expanse from the Northwest to the sou'-east. The northern wood in northeast portion of the province is a rag carpet of leafy vegetables, blues, violet-pinks, and greies. mnorveg.gif Figure 1 Minnesota Early Settlement Vegetation. Before Settlement, the West lodger and southwest portion of Minnesota is largely covered by prairie. Beginning: hypertext transfer protocol: //www.mngeo.state.mn.us/chouse/land_use_historic.html & A ; Acirc ; This map is besides known as the Marschner map. It outlines merely how much of the province was one time wet prairie, oak gaps, Big Woods, assorted hardwood, or any of a twelve other vegetive types that have been absolutely changed by 19th- and 20th-century human habitation.2.3 Proxy informationsFossil pollen informations are chiefly a placeholder for works copiousnesss and community composing. Pollen records have been used to gauge the flora alterations over North America ( Grimm, 2001 ; Williams et al. , 2007 ; Wright et al. , 2004 ) ; unluckily, pollen informations have been of small usage peculiarly for the appraisal of human impacts on flora and land screen ( Anderson et al. , 2006 ; Gaillard et al. , 2008 ) . Alternatively, Goldewijk 2001 used human population denseness as a proxy index to gauge the planetary cropland distribution and generated a planetary land screen alteration map during last 300 twelvemonth ( Figure 2 ) . past 300 years.png Figure 2 Global Land screen alteration during last 300 old ages adapted from ( Goldewijk, 2001 ) .If expression at Upper Midwest of United States, we can see that the biggest alteration happened between 1800 and 1900, which is precisely the clip of European Settlement.2.4 Modern land screen in Minnesota and decision of Land usage alterationThe land screen of Minnesota in 2000 is shown in Figure 3. Up to 44 % of the province is taken up by agricultural land. Most of the prairie in Figure 1 has been changed into harvest land. We can seldom see original native prairie now in this province. MN2000.png Figure 3 Land Cover of Minnesota in 2000. Beginning: hypertext transfer protocol: //lakesandland.umn.edu/browse.html Based on the historical archive, land study and placeholder informations, we can reason that the land screen of Minnesota experienced a monolithic alteration from native prairie to cropland largely in the West lodger and southwest portion of the province. This is largely due to anthropogenetic alteration during early colony.3. Evidences of Climate Change of Minnesota over past 300 old ages3.1 Historical ArchiveIn 1894, a monolithic wood fire caused by distinct logging dust encompasses Hinckley, MN. In 1899, Minnesota ‘s timber industry reaches its extremum. In 1900, Virginia, Minnesota destroyed by fire once more. In 1918, Cloquet and Moose Lake, Minnesota are destroyed by fire. From historical archive, we can deduce that in early 1900s, Minnesota was dry. Fire frequence additions if the environing air is drier. If this premise is right, so we can inquire the inquiry: Is land screen change the cause of this waterlessness in early 1900 in Minnesota?3.2 Instrumental informationsInstrumental information in this part goes back to 1890. Although there is no clime informations before colony, we can still acquire an thought how the clime looks like after the colony. For air temperature, we can see that the fluctuation of province broad one-year mean temperature has increased from 40.5oC to around 42oC during the last 120 old ages. The inter-annual fluctuation is about 0.4oC. Although the tendency is acquiring heater, the hottest twelvemonth did non demo up late but was 1932, around 0.5oC above normal. instrumental temperature.png Figure Minnesota province averaged one-year temperature. Red line is one-year temperature. Solid green line is mean over the full period. Dashed green line is the standard divergence. The bluish stars are the running means. This information is from Minnesota province climatology office-DNR Division of Ecological and Water Resources, University of Minnesota. Link: hypertext transfer protocol: //www.wrcc.dri.edu/cgi-bin/divplot1_form.pl? 2106 instrumental precipitation.png Figure 5 Instrumental informations of Minnesota one-year precipitation. Symbols are the same as in Figure 4. Precipitation dropped dramatically in the period of 1895 to 1935. After that precipitation bit by bit increased to a normal value. The bead of precipitation in late 1800s and early 1900s may hold something to make with the land screen alteration. However, we need more grounds to turn out that. We need the clime record before colony to compare with the instrumental information to see if this tendency from 1895 to 1935 is caused by land screen alteration or clime fluctuation. In order to reply the inquiry how land screen alteration has an impact on the regional clime in Minnesota, we need to happen alternate tools and proxy informations.4. Possible placeholder informations and tool that could be used in this survey4.1 Stable C isotope of tree rings The inter-annual waterlessness wetness differences and the microclimate displacement during a turning season have impacts on the tree ring stable isotope signature. There are two stable isotopes for C: 12C and 13C. Due to their different neutron Numberss, they have different weight. When workss carry oning photosynthesis, it is easier for them to repair the lighter carbon- 12C, and left more and more 13C in the air. This is called favoritism consequence. This favoritism consequence gives the works a more negative isotope signature: . The isotope signature is calculated as: . Here means the sample we are examine ( e.g. tree pealing fragment ) . is a invariable, which is a planetary criterion that all of the isotope ratios over the universe can compare to. When the environing air becomes drier, the works pore will be smaller to forestall H2O loss. This besides prevents CO2 from come ining the works leaves. Under this circumstance, the works will cut down its favoritism consequence, which makes itself more positive ( Figure 6, Leavitt, 2007 ) . isotope.png Figure 6 The relationship between C isotope ratio and regional waterlessness 4.2 Using Model to imitate how land screen alteration will impact regional clime Numeral surveies have been focused on how land screen alteration will modify local to regional clime. Among other surveies, Bonan 1997 utilizing LSM1.0 coupled with an atmospheric general circulation theoretical account to imitate effects of land usage alteration on the clime of United States. He considered non merely the grassland to cropland transition in cardinal North America, but besides deforestation and harvest planting in the Eastern United States. What he has found, nevertheless, is a small spot different from our hypothesis: dampening of the near-surface ambiance by 0.5 to 1.5 g kg1 over much of the United States in spring and summer. These alterations in surface temperature and wet extend good into the ambiance, up to 500 megabit, and impact the boundary bed and atmospheric circulation.DrumheadTo reason, land usage alteration affects on regional clime from different facets. In order to understand how land usage alteration in Minnesota has modified the regional clime, more proxy information is needed to widen the instrumental information thirster. Besides, theoretical accounts can be used to prove our apprehension of the mechanism, besides give us opportunity to retrace the old clime.

Employment Torts: Information Guide

September 16, 2006 Worksheet 1 EMPLOYMENT TORTS Employer’s Liability 1. Introduction The basis of the liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is twofold: 1. He may be liable for breach of the personal duty of care which he owes to each employee; 2. He may be vicariously liable for breach by one employee of the duty of care which that employee owes to his fellow employees. The action against the employer for damages by the employee who suffers personal injury on the job is only one of the methods available for compensation for workplace accidents. . Common Law Duties of the Employer There are essentially implied terms of the contract of employment – ‘It is quite clear that the contract between employer and employed, involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk†¦Ã¢â‚¬  per Lord Herschell in Smith v. Baker This was later refined in Wilsons and Clyde Coal Co v. English and in Davie v.New Merton Board Mills Ltd. The duty is now regarded as four-fold and is non-delegable. In sum, the employer must take reasonable care to provide: 1. A competent staff of workers; 2. Adequate plant and equipment; 3. A safe system of working; and 4. A safe place of work. The common law duty of an employer to his employees was enunciated in Davie v. New Merton Board Mills Ltd [1959] 1 All ER 346 as a duty to take reasonable care for their safety i. e. you owe an employee a duty of care not to cause them damage.In that case, in 1946 an old-established firm of toolmakers made a drift (a tool consisting of a tapered bar of steel about one foot long) which had a latent defect, viz, excessive hardness of the steel due to negligent heat treatment. In July, 1946, the manufacturers sold t he drift to B & Co Ltd reputable suppliers of tools of this kind, from whom, in the same month, the employers of D bought at a reasonable price a batch of drifts, including this tool. The defect in the drift was not discoverable on inspection and no intermediate examination by the employers between the times of its manufacture and of its use was reasonably to be expected.Between July, 1946, and March, 1953, the drift was seldom, if ever, used, but in March, 1953, D used it in the course of his employment as a maintenance fitter. Owing to the defect in its manufacture, a piece flew off the drift when it was struck with a hammer by D in the course of using it, and destroyed the sight of his left eye. There was no negligence in the employers’ system of maintenance and inspection and the accident was solely due to the defect in the drift.HELD: -The employers were not liable to D for the injury caused to him by the defective drift, because they had fulfilled their duty to him as t heir servant, namely, a duty to take reasonable care to provide proper appliances, and were not responsible for the negligence of the manufacturers, who had no contractual relationship with the employers and in manufacturing the tool were not acting as persons (whether servants, agents or independent contractors) to whom the employers had delegated the performance of any duty that it was for the employers to perform.Per Lord Tucker: in my view, it would have made no difference if the drift had been purchased [by the employers] direct from the manufacturers. An employer may, however, render himself liable to his servant for injury suffered by him by reason of a faulty specification prepared by the employer for the manufacturer, or where the manufactured article may require inspection or test after delivery. The duty is not an absolute one and can be discharged by the exercise of due are and skill, which is a matter to be determined by a consideration of all the circumstances of the p articular case. It is well established that every employer has a duty at common law to provide: 1. A competent staff of men; 2. Adequate plant and equipment; 3. A safe system of working, with effective supervision; and 4. A safe place of work. Wilsons and Clyde Coal Ltd v English [1937] 3 All ER 628In an action by a miner against his employers for damages for personal injury alleged to be due to the negligence of the employers in that they had failed to provide a reasonably safe system of working the colliery, questions were raised (1) whether the employers were liable at common law for a defective system of working negligently provided or permitted to be carried on by a servant to whom the duty of regulating the system of working had been delegated by the employers, the employers' board of directors being unaware of the defect, and (2) if they were liable, whether the employers were relieved of their liability in view of the prohibition contained in the Coal Mines Act 1911, s2(4), against the owner of a mine taking any part in the technical management of the mine unless he is qualified to be a manager.HELD: – It was held by the House of Lords that (1) the employers were not absolved from their duty to take due care in the provision of a reasonably safe system of working by the appointment of a competent person to perform that duty. Although the employers might, and in some events were bound to, appoint someone as their agent in the discharge of their duty, the employers remained responsible. (2) the doctrine of common employment does not apply where it is proved that a defective system of working has been provided. To provide a proper system of working is a paramount duty, and, if it is delegated by a master to another, the master still remains liable.Lord Wright stated (at p644A) that the whole course of authority consistently recognises a duty which rests on the employer, and which is personal to the employer, to take reasonable care for the safety o f his workmen, whether the employer be an individual, a firm, or a company, and whether or not the employer takes any share in the conduct of the operations (at p644A). The obligation is threefold, â€Å"the provision of a competent staff of men, adequate material, and a proper system and effective supervision† (at p640C). 1. COMPETENT STAFF OF WORKERS An employer will be in breach of this duty if he engages a workman who has had insufficient training or experience for a particular job and, as a result of that workman’s incompetence, another employee is injured.Competence here usually relates to qualifications, training and experience. It may also include the disposition of the employee. Ifill v. Rayside Concrete Workers Ltd (1981) 16 Barb. LR The plaintiff and J were employed by the defendants as labourers. They were both known by the defendants to have a propensity for ‘skylarking’ at work, and had been warned on at least two occasions not to do so. One day, J picked the plaintiff up and cradled him in his arms, saying he was ‘light as a baby’ and singing ‘Rock-a-bye-baby’. As J carried the plaintiff forward, he tripped over a pipeline and both J and the plaintiff fell into a cement mixer, which was only partly covered, both of them sustaining injuries.The plaintiff brought an action against the defendant for: (a) breach of statutory duty; and (b) negligence at common law. HELD: -(a) the cement mixer was a ‘dangerous part of machinery’ within what was then s 10(1) of the Factories Act, Cap 347, and the defendants were in breach of their absolute statutory duty to fence it securely; (b) the defendants were in breach of their duty at common law not to expose the plaintiff to risks of danger emanating from indisciplined fellow employees, and were liable in negligence; (c) the plaintiff was guilty of contributory negligence and his damages would be reduced by 50%. Douglas CJ said: †¦it is obv ious that the plaintiff and the second defendant each had a marked propensity for skylarking.They persisted in it, in spite of warnings†¦in my view, mere warnings were totally inadequate for such serious cases of indiscipline†¦Rayside was negligent in exposing its employees, including the plaintiff, to the risk of injury from the second defendant’s skylarking†¦the plaintiff was contributorily negligent in participating in the skylarking activity which caused his injury. â€Å"†¦upon principle it seems to me that if, in fact, a fellow workman is not merely incompetent but, by his habitual conduct, is likely to prove a source of danger to his fellow employees, a duty lies†¦on the employers to remove that source of danger†¦Ã¢â‚¬  Hudson v. Ridge Manufacturing Co Ltd [1957] 2 QB 348 The defendants had had in their employ, for a period of almost four years, a man given to horseplay and skylarking. He had been reprimanded on many occasions by the for eman, seemingly without any result.In the end, while indulging in skylarking, he tripped and injured the plaintiff, a fellow employee who sued his employer for failing to take reasonable care for his safety. HELD: -Straetfield J said: This is an unusual case, because the particular form of lack of care by the employers alleged is that they failed to maintain discipline and to take proper steps to put an end to this skylarking, which might lead to injury at some time in the future†¦the matter is covered not by authority so much as principle. It is the duty of employers, for the safety of employees, to have reasonably safe plant and machinery. It is their duty to have premises which are similarly reasonably safe.It is their duty to have a reasonably safe system of work. It is their duty to employ reasonably competent fellow workmen†¦it seems to me that if, in fact, a fellow workman is not merely incompetent but, by his habitual conduct, is likely to prove a source of danger to his fellow employees, a duty lies fairly and squarely on the employers to remove that source of danger. Smith v. Crossley Bros Ltd (1951) 95 SJ 655 Injury was done to the plaintiff, a 16 year old apprentice, by inserting in him, in horseplay, compressed air. At first instance, it was held that the employers had not exercised adequate supervision over the apprentices and that lack of supervision constituted negligence.HELD: -on appeal, it was held that the evidence disclosed no negligence on the part of the employers, because the injury to the plaintiff resulted from what was wilful misbehaviour by the other boys and a wicked act which the employers had no reason to foresee. There was no history of childish behaviour – the employers did not know or ought to have known about the defendant’s propensity for skylarking. 1. ADEQUATE PLANT & EQUIPMENT An employer must take the necessary steps to provide adequate plant and equipment for his workers, and he will be liable to any workman who is injured through the absence of any equipment which is obviously necessary or which a reasonable employer would recognise as being necessary for the safety of the workman.The employer must take reasonable care to ensure that damage is not caused to the employee by the absence of necessary safety equipment such as goggles, safety helmets, shoes etc. or by the presence of unsafe machinery. Sammy v. BWIA (1988) High Court, TT, No 5692 of 1983 (unreported) The plaintiff, who was employed by the defendant as a mechanic, was sent to repair a vehicle which had broken down on a ramp at Piarco Airport. While attempting to start the vehicle, it caught fire. No fire extinguishers were provided either in the vehicle being repaired or in the service vehicle and, in attempting to put out the fire with a cloth, the plaintiff suffered burns.HELD: – Gopeesingh J held the defendant liable for breach of its common law duty to the plaintiff to take reasonable care for his safe ty,†¦by not exposing him to safety to any unnecessary risk during the performance of his duties as an employee†¦By failing to provide fire extinguishers on these vehicles, the defendant clearly exposed the plaintiff to unnecessary risk when the fire started on the vehicle†¦The defendant was under a duty to provide proper safety appliances on these vehicles to safeguard the plaintiff in the event of such an occurrence. Morris v. Point Lisas Steel Products Ltd (1989) High Court, TT, No 1886 of 1983 (unreported) The plaintiff was employed as a machine operator at the defendant’s factory. While the plaintiff was using a wire cutting machine, a piece of steel flew into his right eye, causing a complete loss of sight in that eye. Holding the employer in breach of its common law duty of care in failing to provide goggles; HELD: – Hosein J said that†¦since the risk was obvious to the defendant and not insidious, the defendant ought to have made goggles avai lable and also given firm instructions that they must be orn, and the defendant ought to have educated the men and made it a rule of the factory that goggles must be worn, since, if an accident did happen, the probability was likely to be the loss of sight of one or both eyes. Forbes v. Burns House Ltd (2000) Supreme Court, The Bahamas, No 432 of 1995 (unreported) An office worker was injured at the workplace when a swivel chair on which she was sitting collapsed. HELD: – the employer was in breach of its duty to inspect and maintain office equipment, including the chair. McGhee v. National Coal Board [1972] 3 All ER 1008 The appellant was sent by the respondents, his employers, to clean out brick kilns.Although the working conditions there were hot and dirty, the appellant being exposed to clouds of abrasive brick dust, the respondents provided no adequate washing facilities. In consequence the appellant had to continue exerting himself after work by bicycling home caked wit h sweat and grime. After some days working in the brick kilns the appellant was found to be suffering from dermatitis. In an action by the appellant against the respondents for negligence the medical evidence showed that the dermatitis had been caused by the working conditions in the brick kilns. The evidence also showed that the fact that after work the appellant had had to exert himself further by bicycling home with brick dust adhering to his skin had added materially to the risk that he might develop the disease.It was held in the Court of Session that the respondents had been in breach of duty to the appellant in failing to provide adequate washing facilities but that the appellant’s action failed because he had not shown that that breach of duty had caused his injury, in that there was no positive evidence that it was more probable than not that he would not have contracted dermatitis if adequate washing facilities had been provided. On appeal, HELD: – A defender was liable in negligence to the pursuer if the defender’s breach of duty had caused, or materially contributed to, the injury suffered by the pursuer notwithstanding that there were other factors, for which the defender was not responsible, which had contributed to the injury. Accordingly the respondents were liable to the appellant, and the appeal would be allowed, because— (i) (per Lord Reid, Lord Wilberforce, Lord Simon f Glaisdale and Lord Salmon) a finding that the respondents’ breach of duty had materially increased the risk of injury to the appellant amounted, for practical purposes, to a finding that the respondents’ breach of duty had materially contributed to his injury, at least (per Lord Wilberforce) in the absence of positive proof by the respondents to the contrary; (ii) (per Lord Kilbrandon) on the facts found, the appellant had succeeded in showing that, on a balance of probabilities, his injury had been caused or contributed to by the re spondents’ breach of duty 2. SAFE SYSTEM OF WORKING An employer must organise a safe system of working (includes a duty to take reasonable precautions to protect employees from attacks by armed bandits) and must ensure as far as possible that the system is adhered to.In addition to supervising workmen, the employer should organise a system which itself reduces the risk of injury from the workmen’s foreseeable carelessness. This has been described as â€Å"†¦the sequence in which the work is to be carried out the provision in proper cases of warnings and notices and the issue of special instructions†¦Ã¢â‚¬  per Lord Greene MR Legall v. Skinner Drilling (Contractors) Ltd (1993) High Court, Barbados, No 1775 of 1991 (unreported) The defendant company was engaged in oil drilling. The plaintiff was employed by the defendant as a derrick man, one of his duties being the removal of nuts and bolts from the rigs as part of the ‘rigging down’ operation. In order to remove a bolt from a rig platform about 10 ft from the ground, the plaintiff was given an empty oil drum to stand on.The drum toppled over and the plaintiff fell to the ground and was injured. HELD: – the defendant, by failing to ensure that its workers used ladders to reach high platforms and to warn the plaintiff of the danger of standing on the oil drum, was in breach of its common law duty to provide a safe system of work. Bish v. Leathercraft Ltd. (1975) 24 WIR 351 The plaintiff was operating a button pressing machine in the defendants’ factory when a button became stuck in the piston. While attempting to dislodge the button with her right index finger, the plaintiff’s elbow came into contact with an unguarded lever, which caused the piston to descend and crush her finger.HELD: – The Jamaican Court of Appeal held that the defendants were in breach of their common law duties to provide adequate equipment and a safe system of work, in that: (a) the button had not been pre-heated, which was the cause of its becoming stuck in the position; (b) no three inch nail, which would have been effective to dislodge the button, was provided for the plaintiff’s use, with the result that the plaintiff had to resort to using her finger; and (c) the lever was not provided with a guard, which would most probably have prevented the accident which occurred. Qualcast v. Haynes [1959] AC 743 Hurdle v. Allied metals Ltd. [1974] 9 Barb LR 1 3. SAFE PLACE OF WORK An employer has a duty to take care to ensure that the premises where his employees are required to work are reasonably safe. The duty exists only in relation to those parts of the workplace which the employee is authorised to enter.An employee who enters an area which he knows to be ‘out of bounds’, will generally be treated as a trespasser. As the occupier, in most cases, of the workplace, the employer is under a duty to the employee (a lawful visitor) to take reasonable care to see that the premises are reasonably safe for the purpose of doing the job. Where the employer is not the occupier of the workplace, there is still a requirement that he take reasonable care to ensure that the worker is reasonably safe. This will vary with the circumstances. A significant question is whether the employer knew of or ought to have been aware of the danger and what steps were to be regarded as reasonable in providing a safe place of work. Alcan (Jamaica) Ltd v.Nicholson (1986) Court of Appeal, Jamaica, Civ App No 49 of 1985 (unreported), per Hall J A welder, during his lunch break, left his area of work at a bauxite installation and entered a location called a ‘precipitation area’, in search of cigarettes. There, he suffered a serious eye injury when caustic soda, which was stored in tanks, splashed into his eye. HELD: – the employer/occupier was held not liable for the injury, since the welder was a trespasser in the area who kne w he had no right to be there and was well aware of the dangers of caustic soda. Watson v. Arawak Cement Co Ltd (1998) High Court, Barbados, No 958 of 1990 (unreported) The plaintiff was employed by the defendant as a general worker. He was sent to work on a ship which was in the possession of a third party.While attempting to leave the ship at the end of his day’s work, the plaintiff fell from an unlit walkway inside the ship and sustained injuries. HELD: – Chase J held the defendant liable on account of its failure to provide a suitable means of egress from the ship and to instruct the plaintiff as to the method of leaving the vessel. Another aspect of the employer’s duty to exercise reasonable care and not to expose his servants to unnecessary risk in his duty to provide a reasonable safe place of work and access thereto. This duty does not come to an end merely because the employee has been sent to work at premises which are occupied by a third party and not the employer. The duty remains throughout the course of his employment.General Cleaning Contractors Ltd v. Christmas [1953] AC 180 The plaintiff, a window cleaner, was employed by the defendants, a firm of contractors, to clean the windows of a club. While, following the practice usually adopted by employees of the defendants, he was standing on the sill of one of the windows to clean the outside of the window and was holding one sash of the window for support, the other sash came down on his fingers, causing him to let go and fall to the ground, suffering injury. On a claim by him against the defendants for damages; HELD: – it was held by the House of Lords that even assuming that other systems of carrying out the work, e. g. by the use of safety belts or ladders, were impracticable, the defendants were still under an obligation to ensure that the system that was adopted was as reasonably safe as it could be made and that their employees were instructed as to the steps to b e taken to avoid accidents; the defendants had not discharged their duty in this respect towards the plaintiff; and, therefore, they were liable to him in respect of his injury. Per Lord Reid: Where a practice of ignoring an obvious danger has grown up it is not reasonable to expect an individual workman to take the initiative in devising and using precautions. It is the duty of the employer to consider the situation, to devise a suitable system, to instruct his men what they must do, and to supply any implements that may be required.Since the employer’s liability is merely another form of negligence, the employee must establish not only the breach of the duty of care owed to her, but also that it legally caused the resultant damage, and that such damage was not too remote. Walker v. Northumberland [1995] 1 All ER 737 The plaintiff was employed by the defendant local authority as an area social services officer from 1970 until December 1987. He was responsible for managing fo ur teams of social services fieldworkers in an area which had a high proportion of child care problems. In 1986 the plaintiff suffered a nervous breakdown because of the stress and pressures of work and was off work for three months. Before he returned to work he discussed his position with his superior who agreed that some assistance should be provided to lessen the burden of the plaintiff's work.In the event, when the plaintiff returned to work only very limited assistance was provided and he found that he had to clear the backlog of paperwork that had built up during his absence while the pending child care cases in his area were increasing at a considerable rate. Six months later he suffered a second mental breakdown and was forced to stop work permanently. In February 1988 he was dismissed by the local authority on the grounds of permanent ill health. He brought an action against the local authority claiming damages for breach of its duty of care, as his employer, to take reaso nable steps to avoid exposing him to a health-endangering workload.HELD: – It was held in the QBD that where it was reasonably foreseeable to an employer that an employee might suffer a nervous breakdown because of the stress and pressures of his workload, the employer was under a duty of care, as part of the duty to provide a safe system of work, not to cause the employee psychiatric damage by reason of the volume or character of the work which the employee was required to perform. On the facts, prior to the 1986 illness, it was not reasonably foreseeable to the local authority that the plaintiff's workload would give rise to a material risk of mental illness. However, as to the second illness, the local authority ought to have foreseen that if the plaintiff was again exposed to the same workload there was a risk that he would suffer another nervous breakdown which would probably end his career as an area manager.The local authority ought therefore to have provided additiona l assistance to reduce the plaintiff's workload even at the expense of some disruption of other social work and, in choosing to continue to employ the plaintiff without providing effective help, it had acted unreasonably and in breach of its duty of care. It followed that the local authority was liable in negligence for the plaintiff's second nervous breakdown and that accordingly there would be judgment for the plaintiff with damages to be assessed. Sutherland v. Hatton [2002] IRLR 263 The claimant in this case was a secondary school teacher who suffered from depression and a nervous breakdown and was initially awarded ? 90,765.HELD: – The CA found that Hatton gave the school she worked for no notice that she was growing unable to cope with her work. She had suffered some distressing events outside of work, which the school could reasonably have attributed her absence to, particularly as other staff did not suffer from health problems as a result of restructuring in the scho ol, and the fact that she did not complain. The court held that as teaching cannot be regarded as intrinsically stressful; the school had done all they could reasonably be expected to do. It was unnecessary to have in place systems to overcome the reluctance of people to voluntarily seek help. The guidelines set up by the CA are as follows: 1.There are no special control mechanisms relating to work-related stress injury claims; ordinary principles of employers’ liability apply. 2. The â€Å"threshold† question is whether this kind of harm to this particular employee was reasonably foreseeable. 3. Foreseeability depends on what the employer knows or should know about the individual employee. Unless aware of a particular problem or vulnerability, the employer can usually assume that the employee can withstand the normal pressures of the job. 4. The test is the same for all occupations; no occupation is to be regarded as intrinsically dangerous to mental health. 5. Reason able foreseeability of harm includes consideration of:  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   the nature and extent of the work   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether the workload is much greater than normal  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether the work is particularly intellectually or emotionally demanding for that employee  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether unreasonable demands are being made of the employee  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether others doing this job are suffering harmful levels of stress  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   whether there is an abnormal level of sickness or absenteeism in the same job or department. The employer can take what the employee tells it at face value, unless it has good reason not to, and need not make searching enquiries of the employee or his or her medical advisors. 6. The employer can take what the employee tells it at face value, unless it has good reason not to and need not make searching enquiries of the employee or his/her medical advisors. 7. The duty to take steps is triggered by indications of impending harm to health, which must be plain enough for any reasonable employer to realise it has to act. 8.There is a breach of duty only if the employer has failed to take steps that are reasonable in the circumstances, bearing in mind the magnitude of the risk of harm occurring, the gravity of that harm, the costs and practicability of preventing it and the justifications for running the risk. 9. The employer’s size, scope, resources and demands on it are relevant in deciding what is reasonable (including the need to treat other employees fairly, for example in any redistribution of duties). 10. An employer need only take steps that are likely to do some good; the court will need expert evidence on this. 1. An employer that offers a confidential advice service, with appropriate counselling or treatment services is unlikely to be found in breach of duty. 2.If the only reasonable and effective way to prevent the injury would be to dismiss or demote the employee, the employer will not be in breach in allowing a willing employee to continue working. 3. In all cases, it is necessary to identify the steps that the employer could and should have taken before finding it in breach of duty of care 4. The claimant must show that that breach of duty has caused or materially contributed to the harm suffered. It is not enough to show that occupational stress caused the harm; it must be linked with the breach. 5. Where the harm suffered has more than one cause, the employer should only pay for that part caused by its wrongdoing, unless the harm is indivisible. 1.Assessment of damages will take account of pre-existing disorders or vulnerability and the chance that the claimant would have suffered a stress-related disorder in any event. Hudson v Ridge Manufacturing [1957] 2 All ER 229 The plaintiff, while at work, was injured through a foolish prank played on him by Chadw ick, a fellow workman. Over a period of about four years C had been in the habit of indulging in horseplay during his work, at the expense of the plaintiff and the other workmen. The employers knew about C's conduct and had frequently reprimanded him and warned him that someone might one day be hurt, but, although he paid no heed to their reprimands, he was allowed to remain in their employment.In an action by the plaintiff against the employers, claiming damages for negligence at common law; HELD: – it was held at Manchester Assizes that the employers were liable to the plaintiff in damages for breach of their duty at common law to provide competent workmen, because, if a workman, by his habitual conduct, was likely to prove a source of danger to his fellow workmen, it was the employers' duty to remove that source of danger, and the plaintiff's injury was sustained as a result of the employers' failure to take proper steps to put an end to C's horseplay or to remove him from their employment if he persisted in it. Smith v Crossley Brothers Ltd ((1951) 95 Sol Jo 655) considered. Wilson v Tyneside Window Cleaning Co [1958] 2 All ER 265A master's duty to his servant to take reasonable care so to carry out his operations as not to subject his servant unnecessary (see Smith v Baker & Sons [1891] AC at p362) is one single duty applicable in all circumstances, though it may be convenient to divide it into categories (as was done by Lord Wright in Wilsons & Clyde Coal v English [1937] 3 All ER at p640) when dealing with a particular case. So viewed, the question whether the master was in control of the premises, or whether the premises were those of a stranger, becomes merely one of the ingredients, albeit an important one, in considering the question of fact whether, in all the circumstances, the master took reasonable care.A skilled and experienced window cleaner, who knew that he should not trust the handles on windows without first testing them, was freque ntly sent by his employers to clean the windows of a particular customer. The employers did not inspect the customer's premises each time when they sent the window cleaners there, nor did they specifically warn the window cleaner of particular dangers; but they did instruct him to leave uncleaned any window which presented unusual difficulty and which he was in doubt whether he could clean safely, to report the fact to them and to ask for further instructions. There was no evidence of any practice in the trade either of inspecting premises for safety before work or of repeatedly warning workmen of the dangers.While cleaning the outside of a kitchen window, the woodwork of which appeared to the window cleaner to be rotten, of which he knew the sash to be stiff and of which one of the two handles was missing, the window cleaner attempted to pull the window down by the remaining handle. The handle came away in his hand, causing him to lose his balance, fall and sustain severe injuries. In an action by the window cleaner against the employers for alleged negligence exposing him to unnecessary risk; HELD: – it was held by the Court of Appeal that the employers had taken reasonable care not to subject the plaintiff to unnecessary risk, because the danger was an apparent danger, the plaintiff was very experienced at the work, and they had instructed him not to clean windows which it might not be safe to clean; the employers, therefore, were not liable. DEFENCES 1.Volenti non fit injuria is a defence for an employer against an employee. It could apply where an employee is so negligent that it could be said that the employee is completely at fault. 2. An employee's knowledge of the existence of a danger does not in itself amount to consent to run the risk. 3. Contributory negligence is also a defence that an employer may utilise against an employee. However, the courts are reluctant to apply this doctrine. This doctrine does not completely exonerate an employee but in fact reduces the amount of damages (apportionment) given to the employee. 4. Contributory negligence is a defence both to an action in negligence and breach of statutory duty.In general, however, the carelessness of employees as claimants is treated more leniently than the negligence of employers, even where liability rests upon the vicarious responsibility of the employer for the negligence of another employee. Smith v. Baker [1891] AC 325 When a workman engaged in an employment not in itself dangerous is exposed to danger arising from an operation in another department over which he has no control – the danger being created or enhanced by the negligence of the employer – the mere fact that he undertakes or continues in such employment with full knowledge and understanding of the danger is not conclusive to show that he has undertaken the risk so as to make the maxim â€Å"Volenti non fit injuria† applicable in case of injury.The question whether he has so undertaken the risk is one of fact and not of law. And this so both at common law and in cases arising under the Employers Liability Act 1880. The plaintiff was employed by railway contractors to drill holes in a rock cutting near a crane worked by men in the employ of the contractors. The crane lifted stones and at times swung over the plaintiff's head without warning. The plaintiff was fully aware of the danger to which he was exposed by thus working near the crane without any warning being given, and had been thus employed for months. A stone having fallen from the crane and injured the plaintiff, he sued his employers in the County Court under the Employers Liability Act 1880.HELD: – the House of Lords, reversing the decision of the Court of Appeal (Lord Bramwell dissenting), that the mere fact that the plaintiff undertook and continued in the employment with full knowledge and understanding of the danger arising from the systematic neglect to give warning did not prec lude him from recovering; that the evidence would justify a finding that the plaintiff did not voluntarily undertake the risk of injury; that the maxim â€Å"Volenti non fit injuria† did not apply; and that the action was maintainable. ICI v. Shatwell [1965] AC 656 G and J who were brothers, were certificated and experienced shotfirers employed by ICI Ltd.By their employers' rules, and by reg 27(4) of the Quarries (Explosives) Regulations 1959, G and J were required to ensure that no testing of an electric circuit for shotfiring should be done unless all persons in the vicinity had withdrawn to shelter. The statutory duty was imposed on G and J, not on their employers. The risk, which had been explained to G and J, was of premature explosions. On the day of the accident, while a third man had gone to fetch a longer cable so that a shotfiring circuit, which had been made in the course of their employment, could be tested from shelter, G invited J to proceed with him to make a test in the open. G and J were injured by the resulting explosion.On appeal from an award of damages to G (both negligence and breach of statutory duty by J being found at the trial, and the award being of an amount reduced in respect of G's contributory negligence) in an action by G against the employers as vicariously responsible for J's breach of duty; HELD: – the House of Lords said that although J's acts were a contributing cause (Viscount Radcliffe dissenting as regards causation) of G's injury, the employers were not liable because – (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 t he statutory regulations. (2) (per Viscount Radcliffe) each of them, G and J, 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.Per Lord Pearce (Viscount Radcliffe concurring): 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. [Editorial Note – There was no breach of statutory duty by the employers: the defence of â€Å"volens† was admitted against vicarious responsibility only †¦ The defence is not available to an employer on whom a statutory obligation is imposed as against liability for his own breach of that obligation. ] Staple v. Gypson Mines Ltd [1953] AC 663 The plaintiff claimed damages on behalf of her husband. There had been a mining accident. A roof fell in the section of the mine where the deceased was working and he was crushed.The deceased and another colleague had been told to bring the rest of the roof down; however, they left part of the roof hanging and then continued working. HELD: – The House of Lords held that the employer was vicariously liable as Mr. Staple consented to continue working and such consent amounted to 80% contributory negligence. Fagelson (1979) 42 MLR 646 Flower v. Ebbw Vale Steel Iron & Coal Ltd [1934] 2 KB 134 The plaintiff brought an action for personal injury alleged to have been sustained by a workman through his employers' breach of their statutory duty under s10 of the Factory and Workshop Act 1901, in not securely fencing a machine for rolling metal sheets in their factory. The workman in the course of his duty was cleaning the machine.To enable this to be done the rollers are set in motion. The safe and simple way to clean them is to take one's stand at the back of the machine and apply emery-cloth or engineers' waste over the iron bar to the upper part of the rollers; for then all the seven rollers are revolving away from the operator. There was some evidence that he had been told to use this method, but it was of a vague and general kind. The employers pleaded that the alleged injury was caused solely by the workman's own negligence in attempting to clean the machine at a wrong part, and omitting to take reasonable care to prevent his left hand from coming into contact with the rollers.The judge held that the machine was dangerous and that it was not sufficiently fenced; but that the workman had acted in disobedience to his orders without any good reason for so acting, and that his disobedience was the proximate cause of the accident. The judge also held that the defence of contributory negligence was open to the employers. Accordingly he gave judgment for the emplo yers. The workman appealed to the Court of Appeal, which affirmed the judgment of the trial judge. HELD: – The House of Lords held that judgment be entered for the employee. The decision of the Court of Appeal was reversed on the ground that the only contributory negligence relied on was disobedience to orders, and that the evidence at the trial was insufficient to prove that the alleged orders were ever given.Consideration was given by Lord Wright (at p214-5) of the circumstances in which contributory negligence may be pleaded as a defence to an action by a workman for personal injuries through a breach by his employers of their duty under s10 (1) (c) of the Factory and Workshop Act 1901, to fence securely all dangerous parts of the machinery in their factory. Per Lawrence J – â€Å"It is not for every risky thing which a workman in a factory may do in his familiarity with the machinery that [he] ought to be held guilty of contributory negligence†¦ 3. Breach of Statutory Duty (Employment) An employer may be under a statutory duty to provide safety equipment to protect his employees from injury, especially where they are operating dangerous machinery.Generally, where a statute provides a criminal penalty for an infringement of one of its provisions, the penalty is normally treated as the only liability to which the offender is subject, and no civil action is usually maintainable infringement against him by the victim of his criminal conduct. However, it has for long been recognised that the statutory duties imposed on an employer to enhance the safety of it employees may form the basis of an action for damages by an injured employee for breach of statutory duty. See Factories Act An employer who fails to provide equipment as required by statute will be liable for breach of statutory duty. An employee who is injured as a consequence of a breach of statutory duty must show: 1. That the act which caused the damage was regulated by the statute; 2.That he was one of the persons whom the statute was intended to protect; and 3. That the damage suffered was of a kind that the statute was intended to prevent. The first two requirements are normally easy to satisfy, but the third may be problematic. Gorris v. Scott (1874) LR 9 Ex 125 A ship-owner was required by statute to provide pens for cattle on board his ship. He failed to do this, with the result that the plaintiff’s cattle were swept overboard. HELD: – that the ship-owner was not liable for the loss, because the damage that the statute was intended to prevent was the spread of contagious diseases, not the sweeping overboard of the cattle. Close v. Steel Co of Wales Ltd [1962] AC 367It was held that a workman who is injured by a dangerous part of machinery which flies out of a machine and injures him cannot base a claim on the statutory obligation that dangerous parts of machinery ‘shall be securely fenced’, because the purpose of the statutory duty is ‘to keep the worker out, not to keep the machine or its product in’. Morris v. Seanem Fixtures Ltd (1976) 11 Barb LR 104, High Court Barbados The plaintiff was employed by the defendants as a shop-hand and fitter. Without being authorised or directed to do so by the defendants, she operated a ‘planer’ at the factory, and in attempting to remove some wood shavings from the machine while it was still in motion, sustained injuries to her hand when it became caught in the machine’s rotating blades. She brought an action against the defendants for negligence and breach of statutory duty.HELD: – (a) the claim in negligence failed, since the plaintiff had not been directed or authorised to use the machine; (b) the claim for breach of statutory duty succeeded. The cutting rotor of the planer was a dangerous part of a machine and the defendants were in breach of the duty imposed by s 10(1) of the Factories Act, Cap 347, in failing to fence or t o provided some other safety device to prevent contact; (c) the plaintiff was guilty of contributory negligence and her damages would be reduced by two-thirds. Walker v. Clarke (1959) 1 WIR 143, Court of Appeal, Jamaica The plaintiff/respondent operated a dough-brake machine in the course of his employment at the defendant’s/appellant’s bakery. The machine had a revolving turntable to feed the dough to rollers, but, as this did not work atisfactorily, the respondent, on the instructions of the appellant, fed the dough to the rollers by hand. While attempting to remove some foreign matter from the machine whilst it was in motion, the respondent put his hand too close to the rollers and his fingers were crushed. HELD: – the rollers were a dangerous part of the machine and, as they were not securely fenced, the appellant was in breach of his statutory duty. Bux v. Slough Metals Ltd [1974] 1 All ER 262 Nimmo v. Alexander Cowan & Sons Ltd [1968] AC 107 4. Occupationa l Health & Safety Legislation This type of legislation applies to all forms of employment with only few exceptions, whereas the Factories legislations apply to only such establishments.Essentially, these Acts provide for the general duties of employers to their employees and to persons other than their employees; the general duties of employees; the rights of employees to refuse to perform dangerous work; administrative and criminal sanctions for contravention of its provisions and specific duties in respect of the safety, health and welfare of those in the establishment. R v. Associated Octel Co Ltd [1997] IRLR 123 R v. Swan Hunter Shipbuilders Ltd [1981] ICR 831 R v. Gateway Foodmarkets Ltd [1997] IRLR 189 October 07, 2006 Worksheet II VICARIOUS LIABILITY Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The expression ‘vicarious liability’ refers to the situation where D2 is liable to P for damages c aused to P by the negligence or other tort of D1.It is not necessary that D2 should have participated in the tort or have been in any way at fault. D2 is liable simply because he stands in a particular relationship with D1. That relationship is normally one of ‘master and servant’, or in modern parlance ‘employer an employee’. DEVELOPMENT OF VICARIOUS LIABIITY In early medieval times a master was held responsible for all the wrongs of his servants. Later as the feudal system disintegrated, the ‘command theory’ emerged, under which a master was liable only for those acts of his servants which he had ordered or which he had subsequently ratified. Later still, with the development and expansion of industry and commerce, the ‘command theory’ fell into disuse for two main reasons: 1.Under modern conditions it was no longer practicable for an employer to always control the activities of his employees, especially those employed in large b usinesses; and. 2. The greatly increased hazards of modern enterprises required a wider range of responsibility on the part of employers than that which had been imposed in earlier times. The theory of vicarious liability which eventually emerged was that a master is liable for any tort committed by his servant in the course of the servant’s employment, irrespective of whether the master authorized or ratified the activity complained of, and even though he may have expressly forbidden it. The modern theory of vicarious liability is based on considerations of social policy rather than fault.It may seem unfair and legally unjustifiable that a person who has himself committed no wrong should be liable for the wrongdoing of another, on the other hand, it may be argued that a person who employs others to advance his economic interests should be held responsible for any harm caused by the actions of those employees, and that the innocent victim of an employee’s tort should b e able to sue a financially responsible defendant, who may in any case take out a policy against liability. The cost of such insurance will, of course, ultimately be passed on to the public on the form of higher prices. However, care should be taken not to hamper business enterprises unduly by imposing too wide a range of liability o employers. Therefore there is a requirement that a master will only be liable for those torts hich his servant committed during the course of his employment-that is, while the servant was doing his job he was employed to do. According to Michael A. Jones, Textbook on Torts, 2000, p379, several reasons have been advanced as a justification for the imposition of vicarious liability: 1. The master has the ‘deepest pockets'. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some cases had an unconscious influence on the development of legal principles. 2. Vicarious liability encourages accident prevention by giving an employer a financial interest in encouraging his employees to take care for the safety of others. 3.As the employer makes a profit from the activities of his employees, he should also bear any losses that those activities cause. Three questions must be asked in order to establish liability: 1) Was a tort committed? 2) Was the tortfeasor an employee? 3) Ws the employee acting in the course of employment when the tort was committed? SERVANTS AND INDEPENDENT CONTRACTORS A person who is employed to do a job may be either a servant or an independent contractor. It is important to decide which category he comes into, for whilst an employer is liable for the torts of his servants, he is generally not liable for those of his independent contractors.Various tests for establishing an individual's employment status have been developed through the cases: (a) The control test This was the traditional test. According to ‘Salmond and Heuston on the Law of Torts’: A servant m ay be defined as any person employed by another to do work for him on the terms that he, the servant, is to be subject to the control and directions of his employer: an independent contractor is one who is his own master. A servant is a person engaged to obey the employer’s orders from time to time; an independent contractor is a person engaged to do certain work, but to exercise his own discretion as to the mode and time of doing it – he is bound by his contract, but not by his employer’s orders.A servant is employed under a contract of service, whereas an independent contractor is employed under a contract for services: In Collins v Hertfordshire CC [1947] 1 All ER 633, Hilbery J said: â€Å"The distinction between a contract for services and a contract of service can be summarised in this way: In one case the master can order or require what is to be done, while in the other case he can not only order or require what is to be done, but how it shall be done. † But in Cassidy v Ministry of Health [1951] 1 All ER 574, Somervell LJ pointed out that this test is not universally correct. There are many contracts of service where the master cannot control the manner in which the work is to be done, as in the case of a captain of a ship.He went on to say: â€Å"One perhaps cannot get much beyond this ‘Was the contract a contract of service within the meaning which an ordinary person would give under the words? ’† However, although the control test may be satisfactory in the most basic domestic situations, it has proved to be quite inadequate in the context of modern business enterprise, where large organisations commonly employ highly skilled professional persons under contracts of service, and yet do not or cannot control the manner in which they do their work. (b) The Organisation Test A useful alternative to the control test, and one which is more in keeping with the realities of modern business, is what may be cal led the ‘organisation test’.This test was explained by Denning LJ in Stevenson, Jordan and Harrison Ltd v. Macdonald and Evans Ltd as: Under a contract of service, a man is employed as part of a business, and his work is done as an integral part of the business; whereas under a contract for services, his work, although done for the business, is not integrated into it but is only accessory to it. Examples of servants of the organisation under this test include: hospital doctors and nurses, school teachers, airline pilots, office clerical staff and factory workers. Examples of independent contractors include: freelance journalists, attorneys, architects plumbers and taxi drivers driving their own vehicles. (c) The ‘Multiple’ or ‘Mixed’ TestThe three conditions suggested by MacKenna J in Ready Mixed Concrete (South East) Ltd v. Minister of Pensions, for the existence of a contract of service of employment are: 1. the employee agrees to provide his work and skill to the employer in return for a wage or other remuneration; 2. the employee agrees, expressly or impliedly, to be directed as to the mode of performance to such a degree as to make the other his employer; and 3. the other terms of the contract are consistent with there being a contract of employment. In applying this test, the courts do not limit themselves to considering just those three factors.They consider a wide range of factors including: the degree of control over the worker’s work; his connection with the business; the terms of the agreement between the parties; the nature and regularity of the work; and the method of payment of wages. LENDING AN EMPLOYEE/SERVANT If an employer lends an employee to another employer on a temporary basis, as a general rule it will be difficult for the first employer to shift responsibility to the temporary employer. Mersey Docks & Harbour Board v Coggins Ltd [1946] 2 All ER 345 The appellants employed Y as a driver of a mobile crane. They hired out the crane, together with Y as driver, to the respondents, a stevedoring company, for use in unloading a ship.The contract between the appellants and the respondents provided that Y was to be the servant of the respondents, but Y was paid by the appellants, who alone had the power of dismissal. Whilst loading the cargo, Y was under the immediate control of the respondents, in the sense that they could tell him which boxes to load and where to place them, but they had no power to tell him how to manipulate the controls of the crane. The House of Lords had to decide whether it was the appellants or the respondents who were vicariously liable for Y’s negligence, and the answer to that question depended upon whether he was the respondents’ or the appellants’ servant at the time of the accident. HELD: – The House of Lords held that the driver remained the servant of the Board and thus the appellants were vicariously liable.Lord Port er said that in order to make the respondents liable, it was not sufficient to show that they controlled the task to be performed: it must also be shown that they controlled the manner of performing it. And, ‘where a man driving a mechanical device, such as a crane, is sent to perform a task, it is easier to infer that the general employer continues to control the method of performance, since it is his crane and the driver remains responsible to him for its safe keeping’. These principles were applied in the Bahamian case of Joseph v. Hepburn (1992) Supreme Court, The Bahamas, No 762 of 1989 (unreported). H engaged an independent contractor, S Ltd, to clear his land of bush.In the course of clearing the land, A, a tractor driver employed by S Ltd, encroached upon the plaintiff’s adjacent land and destroyed a number of fruit trees. The main issue in the case was whether S Ltd, as general employer of A, was liable for A’s tort, or whether, as S Ltd alleged, the responsibility for the tort had been shifted to H as special employer. The contractual arrangement between H and S Ltd showed that H had identified the general area in which work was to be done and S Ltd arranged for its project manager to accompany H to the site to see what was required. S Ltd had delegated the tractor driver, A, to take instructions from H, but A’ wages were paid by S Ltd.HELD: – Thorne J said that whether A was to be regarded as the servant of the general employer, S Ltd, ‘or whether he became pro hac vice the servant of his particular employer [H] is a question of fact and depends upon an interpretation of the agreement made between [S Ltd and H]’. His Lordship held that S Ltd had ‘failed to discharge the heavy burden on it to shift to [H] its prima facie responsibility for the acts of the driver, and so [A] remained the servant of [S Ltd]. ‘What was transferred was not the servant but the use and benefit of his workâ⠂¬â„¢. Thorne J ultimately held that H had been negligent in his failure to give clear instructions to A with respect to the extent of his boundaries, and S Ltd was entitled to recover from H 10% of the damages that it was liable to pay to the plaintiff. COMMISSION OF A TORT BY THE SERVANTFor the master to be vicariously liable, the plaintiff must first prove the commission of a tort by the servant. As Denning LJ explained†¦to make a master liable for the conduct of his servant, the first question is to see whether the servant is liable. If the answer is ‘yes’, then the second question is to see whether the employer must shoulder the servant’s liability. In other words, vicarious liability of the master arises only on the primary liability of the servant. RES IPSA LOQUITOR Sometimes, it may be difficult or impossible to prove affirmatively which one of several servants was negligent. As far as the liability of hospitals is concerned, it was established in Ca ssidy v.Ministry of Health that, where the plaintiff had been injured as a result of some operation in the control of one or more servants of a hospital authority, and he cannot identify the particular servant who was responsible, the hospital authority will be vicariously liable, unless it proves that there was no negligent treatment by any of its servants; in other words, res ipsa loquitor applies. In the absence of authority to the contrary, there seems to be no reason why this principle should not apply to other master/servant relationships. THE COURSE OF EMPLOYMENT/SCOPE OF EMPLOYMENT An employer will only be liable for torts which the employee commits in the course of employment. There is no single test for this, although Parke B famously stated in Joel v Morison (1834) 6 C&P 501 at 503, that the servant must be engaged on his master's business, not ‘on a frolic of his own’. A tort comes within the course of the servant’s employment if: 1. t is expressly or impliedly authorised by his master; or 2. it is an unauthorised manner of doing something authorised by his master; or 3. it is necessarily incidental to something which the servant is employed to do. Although this definition is easy enough to state, the second and third circumstances in particular have proved to be very difficult to determine in practice, and it is now accepted that the question of whether a servant’s act is within the course of his employment is ultimately one of fact in each case. Some relevant factors which the courts take into account when considering the question include: 4. Manner of doing the work the servant was employed to doA master will be liable for the negligent act of his servant if that act was an unauthorised mode of doing what the servant was employed to do. The classic example is: Century Insurance Co Ltd v. Northern Ireland Road Transport Board There, the driver of a petrol tanker, whilst transferring gasoline from the vehicle to an under ground tank at a filling station, struck a match in order to light a cigarette and then threw it, still alight, on the floor. HELD: – His employers were held liable for the ensuing explosion and fire, since the driver’s negligent act was merely an unauthorised manner of doing what he was employed to do. Beard v. London General Omnibus Co [1900] 2 QB 530The employers of a bus conductor who took it upon himself to turn a bus around at the terminus and, in so doing, negligently injured the plaintiff, were held not liable because the conductor was employed to collect fares, not drive buses, and his act was entirely outside the scope of his employment. 5. Authorised limits of time and place A relevant factor in determining whether or not a servant’s tort is within the course of his employment is the time or place at which it is committed. As regards time, where a tort is committed during working hours or within a reasonable period before or after, the court is more l ikely to hold the employer liable for it.Thus, in Ruddiman and Co v. Smith (1889) 60 LT 708, where a clerk turned on a tap in the washroom 10 minutes after office hours and forgot to turn it off before going home, his employers were held liable for the consequent flooding of adjoining premises. The use of the washroom by the clerk was an incident of his employment and the negligent act took place only a few minutes after working hours. As regards the place where the tort is committed, a difficult question which has frequently come before the courts is whether a driver/servant is within the course of his employment where he drive negligently after making a detour from his authorised route.The principle to be applied in these cases was laid down by Parke B in Joel v. Morrison (1834) 172 ER 1338: If he was going out of his way, against his master’s implied commands, when driving on his master’s business, he will make his master liable; but if he was going on a frolic of h is own, without being at all on his master’s business, the master will not be liable. Whether a detour by the servant amounts to a ‘frolic of his own’ is a question of degree, and both the extent of the deviation and its purpose will be taken into account. Dunkley v. Howell (1975) 24 WIR 293 R was employed to drive Mrs W in the defendant/appellant’s car to May pen and thereafter to Mrs.W’s home at Mocho, where the car was to be garaged. On reaching May pen, Mrs. W remained there, but R drove the car to Thompson Town for his own private purposes. On his way back from Thompson Town, R negligently ran into the back of the plaintiff