Blitz Spirit Essay Example for Free

Blitz Spirit Essay In this essay I will be arguing whether there was really a supposed blitz spirit in Britain during the war with Germany with Hitler the chancellor. The themes I will be focusing on throughout the essay and referring back to are; fear, tendency for victory, and abandonment. Firstly, starting off with a major for the argument. An extract from a letter from Humphrey Jennings to his wife in October 1940 explains how whilst living in London he saw the courage and joy from the British people at the darkest times and how every-one co-operated with each other. â€Å"What warmth – what courage! What determination. † He goes on t saying â€Å"Everyone secretly delighted with the privilege of holding up Hitler. Certain of beating him. † . which also tells us that first and foremost the morale of the public was high also that proud confident in themselves. This extract is focused on the theme of tendency for victory because they were certain of beating Hitler. However; this evidence might not be useful because even though it has come from a primary source, it was probably written in effort to comfort his wife with lies to ensure she isnt worried about him due to the situation in Britain. Although due to the time written, it could be deemed useful. Secondly a photograph taken early one morning after a raid in October 1940 shows a neat and well dressed milkman walking over the rubble and debris of the bombed buildings carrying milk. Which shows that the British kept their morale high (similar to previous) and continued on with their lives, no matter whatever the consequences. This extract is focused on tendency for victory aswell because they continued on working, even small jobs because ever little could make the difference was their thoughts. However this Evidence might not be useful because since the street was empty (as the shoot was scheduled early in the morning) we couldnt see anyone else apart from the milkman, hiding the others emotions, for all we know every-one couldve been depressed and slouching off. Also even-though the evidence came from a primary source; it couldve just been the Government motivating the country. But overall I think it might be useless. Onto the against for the argument. Firstly an account of life during a period of heavy air raids, written by Alice Bridges who lived in Birmingham explains how everyone had a fearful attitude â€Å"Will it be my turn next? † which tells us that they were afraid of the dominant Germans and didnt find the help of Britain enough. The theme of this extract is focused on fear, because they were afraid. This evidence is useful because not only does it come from a primary source but from a normal experienced citizen during the raids also has no reason to lie. Although there arent many reasons as to why this could not be useful but Alice Bridges couldve exaggerated the raids to seem better. But overall I think it might useful. Secondly a supposed Liverpool familys experience explains how they were left homeless for six months due to a heavy raid to the buildings whilst in the shelter. â€Å"We had nowhere to live except the shelter, and that was to be our home for six months. † Which tells us that there wasn’t much support and joy as they sound depressed and disappointed due to the lack of support either by others or the government? The theme of this extract focuses on abandonment because the government didnt help them, either by relocating or covering expenses. This evidence is useful because not only does it come from a primary source but from a normal experienced family during the raids also has no reason to lie. Although there arent many reasons as to why this could not be useful but the family couldve disclosed the support from others or the government to seem better. Although overall I think it might be useful. In conclusion I think there wasnt a blitz spirit due to the fact that the differences between the ‘for’ and ‘against’ sources aimed towards against as all the sources were at the time, whereas the for sources were either secondary sources published after the raid or just the government hypnotizing the public again.

The Types Of Anxiety Disorders

The Types Of Anxiety Disorders Anxiety is a general term for several disorders that cause nervousness, apprehension and worrying. These disorders affect how we feel and behave, and they can manifest physical symptoms. Mild anxiety is vague and unsettling, while severe anxiety can be extremely debilitating, which will cause a serious impact on daily life. (medicalnewstoday.com, 2010) It is different as fear, as we only feel fear when the stimulus is present, and it fades off if we avoid the stimulus. (James W. Kalat, 1992). On the other hand, anxiety is the result of how people perceive threats, which appears to be uncontrollable and unavoidable. In fact, anxiety may not always be a bad thing as they help us stay alert and focused; it spurs us to action and motivates us to solve problems. People often experience worry or fear when they confront something challenging such as examinations and interview, these mild anxiety are justified and considered as normal. It only becomes a disorder when it interferes with our ability to function and cope with everyday life (James W. Kalat, 1992). Anxiety disorder, are thus the results from excessive anxiety and worries, in which occurred in a prolonged period of time to be classified as a type of disorder. Research shows that almost 25 percent of the adult population experienced symptoms characteristic of the various anxiety disorders (Kessler etal., 1994). Because anxiety disorders are a group of related conditions rather than just a single disorder, they vary from person to person. Different individuals may experience different type of attacks and symptoms. Despite of the different forms in anxiety disorder, all anxiety disorders share one major symptom: persistent or severe worry or fear in situations in which most people would not feel threatened (Melinda Smith, 2008). This shows that to be categorized in the different types of anxiety disorder, it depends on which type of anxiety is experienced, the degree of anxiety experienced, and also the situation which stimulated the anxiety. There are several disorders which are categorized under anxiety disorder, the five major categorize are namely Generalized Anxiety Disorder (GAD), Panic disorder, phobias, Post-traumatic Stress Disorder and the Obsessive-Compulsive Disorders (Zimbardo Gerrig, 1996) Types of Anxiety Disorders Generalized Anxiety Disorder This disorder is diagnosed when a person have the anxious and worry feeling in a prolonged period of time, at least six months, when he or she is not threatened by any specific danger. It usually focused on specific life circumstances (Zimbardo Gerrig, 1996). Several examples for life circumstances are such as keeping their job, simple household matters, well-being of loved ones etc. They do not have realistic reason to have such intense anxiety and it may persist and interfere their normal functioning in daily life for a prolonged period of time. Physical symptoms of Generalized Anxiety Disorder may include sweating, flushing, pounding heart, diarrhea, clammy hands, headaches, muscle tension and muscle aches. Whereas the psychological symptoms are frequently includes persistent nervousness, fatigue, restlessness, irritability and insomnia (Rod Plotnik, 1993). This disorder leads to impaired functioning because the person is unable to control his excessive anxiety; hence the individual cannot attend sufficiently to his or her daily life obligations. It is further compounded by the physical symptoms associated with the disorder. For instance, when the individual has this disorder, he perhaps will have persistent insomnia, which leads to deprivation of sleep. This will then affect his function ability the next day as he is too tired or fatigue. Generalized Anxiety Disorder is commonly treated with psychotherapy or with medications. Many studies show that therapy is the most effective treatment for most people as it is side-effect free. One of the psychotherapy which is commonly used to treat Generalized Anxiety Disorder is the Cognitive-Behavioral Therapy (CBT). It analyses the distortions in the way the patient perceive the world and themselves (Robert Segal, 2008). As from the medication aspect, drugs which are frequently prescribed are tranquilizers, such as Valium and Librium (Slazman, 1991). In moderate dozes, it is usually not physically addicting. However, when it is consumed in higher doses, the person may suffer withdrawal symptoms when the drugs were stopped. Based on studies, people who had been treated by these two ways were 68% recovered or less impaired than untreated controls (Noyes et al., 1980) Hence both drugs and psychotherapy are often used together to treat patients with Generalized Anxiety Disorder. Panic Disorder Research shows that panic disorder is an emotional disturbance which is found in about 1-2% of all American Adults, women more than men and is rare among children (McNally, 1990; Myers et al., 1984; Robins et al., 1984). According to the DSM-III-R, panic disorders are different from generalized anxiety disorder and the various types of phobias. Patients of panic disorders usually experience unexpected and severe panic attacks that may last for only a few minutes to a few hours. Studies shows that people with this disorder have a fairly constant state of moderate anxiety and an over responsive sympathetic nervous system. When faced a mild stressor, patients may respond with a sudden increase in heart rate and blood adrenaline (Liebowitz et al., 1985; Nutt, 1989). As it attacks suddenly, it can occur anytime, even when the individual are asleep. Although research could not find the specific cause of panic disorder, it is said to be due to an inherited neurochemical abnormality that results the sudden surges of physiological arousal and fear or it may be due to psychological factors such as conditioning and irrational beliefs (McNally 1990). It is also believed that panic disorder is trigger by stress, fear, or even physical activities. When people discover that by doing this physical activity will cause a panic attack, they tend to avoid the activity completely, causing them to be more sensitive towards the effect of that particular physical activity. Hence, for example, they tend to suffer from panic attacks due to the slightest exertion that will cause their heart rate to increase, in which they will start to perceive as a panic attack because of their persistent worry of having this attack again. Therefore, professionals usually suggest the patient to have regular exercise as a treatment for panic disorder (Ledwidge, 1980) Base on prior studies, panic disorders are usually treated with a combination of benzodiazepines or antidepressants and psychotherapy. With this combination, it can be usually treated successfully in a period of 3 to 8 months (Ballenger 1991). Phobias According to Zimbardo Gerrig in their book Psychology and Life, they stated that a person suffers from phobia when he suffers from a persistent and irrational fear of a specific object, activity or situation that is excessive and unreasonable given the reality of the threat. This means that that person may show intense fear of something, in which normal people may not have such intense fear of it. This shows that phobias have a distinct different from the meaning of fear. Fear, on the other hand, is a rational reaction to an objectively identified external danger that will cause the person to escape or attack in self-defense. What it means by objectively identified external danger are such as sudden natural disaster or there is fire at one ¿Ã‚ ½Ã‚ ¿Ã‚ ½s home. These stimuli are perceived as dangerous and it is rational to have fear against it. Phobias causes significant distress and it interferes with the adjustment in life of that that individual (Zimbardo Gerrig, 1996). James W. Kalat even define phobia as a fear so extreme that it interferes with normal living. For example, normal people may have fear against some insect such as bees or even spiders. But these fears did not interfere with their function of living and it did not stop them from achieving their goal. It is only diagnosed as phobia if this fear interferes with the normal functionality of their life. The DSM-IV divides phobia into two categories, namely social phobias and specific phobias. Rod Plotnik define social phobia as phobias which are brought on by the presence of other people. This further means that that person feels uneasy in a public location because they are fear of the presence of others around them. People suffering from social phobia may have stage fright and always fear that they will act something embarrassing in public. Surveys show that approximately 13.3 percent of U.S. adults have experienced social phobia (Kessler et al., 1994). On the other hand, specific phobias occur when a patient produces response towards several different types of objects or situations (Zimbardo Gerrig, 1996). Some people may have intense fear of height, while some towards snake which may due to prior conditioning. Different people with specific phobias may have different thing or stimulus which they are afraid of. Phobias can last a lifetime as people tend to avoid the stimulus which they are afraid of. Hence it is very difficult for a phobia to extinguish itself. Hence the therapies which are usually used to cure phobias are systematic desensitization and flooding. Systematic desensitization is known as the most common and successful therapy to treat phobias. It is a method of reducing fear by gradually exposing the patient to the object which they fear (Wolpe, 1961). For instance, if a person is afraid of snakes, they are asked to slowly approach a snake through stages. For the first stage they may just need to imagine about an image of a snake, as the person is ready, they are then exposed to the real stimulus. However, the patient can stop the process whenever they feel distress about it. This shows that the process resembles Skinners shaping procedure. Flooding, also known as implosion is a treatment in which differ from systematic desensitization. Base on Hogan and Kirchner, this treatment is conducted by exposing the object of the phobia suddenly, rather than gradually. This approach is basically treating phobia by believing that the human sympathetic nervous system is unable to maintain an extreme arousal for a very long period of time, in which the body will start to adapt and the fear will start to subside. Obsessive-Compulsive Disorders According to Jeanne Segal, Obsessive-compulsive disorder is characterized by uncontrollable, unwanted thoughts and repetitive, ritualized behaviors in which the individual feel compelled to perform. As the name implies, this disorder consists of obsessions and compulsions. Obsessions are involuntary, uncontrollable thoughts, images or impulses that tend to occur over and over again in the mind unconsciously. For example, the person may repetitively think that they may not lock the door yet, although they already did. These thinking are usually disturbing and may cause stress to the person. On the other hand, compulsions are repetitive behaviors or rituals in which the person is driven to carry out again and again (Melinda Smith, 2008). This means that the action is taken again and again to reduce the discomfort of the previously repeating obsessions. For instance, the patient may repetitively checking whether he had turn off the oven even though he had checked it again and again for the past few hours. This may then interfere with the normal routine of the individual ¿Ã‚ ½Ã‚ ¿Ã‚ ½s daily life especially their social and occupational functioning. According to Rapoport, obsessive-compulsive disorder can be treated by exposing the person to the very situation or object in which the individual is attempting to avoid. He further suggests that if this treatment does not work, clomipramine can be used as medication. This antidepressant drug is usually used simultaneously with exposure therapy for an efficient result. Furthermore, researchers also found out that about 80% of the patients had maintained their improved status of reducing their rituals from 5 hours to 1 hour a day (OSullivan et al., 1991). Post-traumatic Stress Disorder (PTSD) PTSD is a disorder in which it develops following a traumatic event that threatens ones safety or create a helpless feeling towards that individual (Robert Segal,2008). Traumatic events are such as car crash, kidnapping, natural disasters, rape case, war etc. These events somehow create fear towards the individual in which it develops into PTSD. Studies shows that rape victim are among the group are most likely to develop this disorder (Green, 1994). After the individual experience a traumatic event, the body will be in a state of shock. If the individual make sense of what had happened, they tend to come out of it. But if the individual remain in psychological shock, PTSD will then develop. Zimbardo Gerrig defines this disorder as an anxiety disorder that is characterized by persistent re-experience of traumatic events through dreams, hallucinations or flashbacks. The symptoms of post-traumatic stress disorder usually arises suddenly, gradually or continuously over time (Melinda Smith, 2008). Sometimes it may also be triggered by a stimulus that is related to the traumatic event. For example, victims who are raped in a car tend to have PTSD when they see a car. PTSD can be treated by encouraging the victim to face the trauma they have experienced rather than to avoid them. There are four types of treatments for PTSD, namely Trauma-focused cognitive-behavioral therapy, Eye Movement Desensitization and Reprocessing, Family therapy and medications (Robert Segal, 2008). The Trauma-focused cognitive-behavioral therapy involves exposing the victim towards thoughts, feelings and situations that will remind the victim about the trauma. This therapy also encourages the victim to identify upsetting thoughts of the event and replacing them with a more balanced picture. The Eye Movement Desensitization and Reprocessing incorporates the elements of cognitive-behavioral therapy with eye movements or other forms of rhythmic stimulations. For instance, hand taps or sounds. This therapy is believed to unfreeze the brains information processing system which is interrupted in times of extreme stress. It is also used to free the frozen emotional fragments whic h retained their original intensity; they can be integrated into a cohesive memory. Family therapy is a therapy in which family members around the victim help the loved ones to understand and support what they are going through. Last but not least, medication can be prescribed to relive secondary symptoms such as depression or anxiety, but it will not cure the causes of PTSD. General Symptoms of Anxiety Disorder According to Jeanne Segal, anxiety disorders share one major symptom, which is persistent or severe fear or worry in situations in which normal people would not feel threatened. In addition to the primary symptoms of irrational and excessive worry and fear, emotional symptoms of anxiety disorder includes: having trouble concentrating, tension, irritability, restlessness, anticipating the worst, apprehension feelings and have the tendency to focus more on signs of danger. On the other hand, physical symptoms are involved because anxiety makes the body to produce a fight-or-flight response. Common physical symptoms include pounding heart, sweating, muscle tensions, fatigue, insomnia, shortness of breath, stomach upset, and etc. Anxiety sufferers often mistook these physical symptoms as symptoms of medical illness, causing them to visit the hospital numerous times before discovering their disorder. Causes of Anxiety Disorder Many psychologists suggest that the development of anxiety disorder with the four etiological approaches, namely biological, psychodynamic, behavioral and cognitive (Zimbardo Gerrig, 1996). Biological Seligman proposed a hypothesis called as the preparedness hypothesis. This hypothesis suggests that human carry around an evolutionary tendency to respond quickly and thoughtlessly to once-feared stimuli. This hypothesis attempts to explain why only certain phobias are more common than fears of other dangers. For example, the fear of snakes and height are more common than the fear of electricity. He further proposed that at one time in the evolutionary past, certain fear enhanced our ancestors chances of survival. Besides that, he also thinks that there is a possibility where human are born with a predisposition to fear whatever is related to sources of serious danger in the evolutionary past. However, this hypothesis did not explain the other types of phobias which develop in response to objects or situations that would not have had survival meaning over evolutionary theory, such as the fear of driving or elevators. A research conducted with identical and fraternal twins shows another evidence of a biological role in anxiety disorders. This research suggests a genetic basis for the predisposition to experience four of the five categories of anxiety disorders (Skre et al., 1993). It suggest that the probability of a pair of identical twins both suffered from a panic disorder is twice the probability of both fraternal twins were sufferers. However, phobia shows no genetic evidence because it is develop more purely environmental origins for those disorders. Psychodynamic According to Zimbardo Gerrig, this model is based on the assumption that the symptoms of anxiety disorders actually comes from an underlying psychic conflicts or fears. These symptoms are actually attempts to protect the individual from psychological pain. For example, in obsessive-compulsive disorders, the obsessive behavior seems to be an attempt to displace anxiety created by a related but far more feared conflict or desire. Hence, in order to gain some relief, the individual then substitute an obsession towards something that symbolically captures the forbidden impulse. Another example is such as a child with a record of childhood abuse develops the obsessive-compulsive disorder. The child may have different types of compulsion so that she will feel being in control and not bullied by someone else and this soothes anxiety of losing control or doing something wrong that will cause her family to beat her up. In a nutshell, the individual actually carry out minor task repetitively to avoid the original issue that is creating unconscious conflict. Behavioral This factor focus on the way symptoms of anxiety disorders are conditioned or reinforced. The Classical conditioning theory proposed by Ivan Pavlov is often used to explain the development of phobias, which are seen as classically conditioned fears. This means that the object in which the individual phobia of may be a neutral stimulus but became something a phobia stimulus after it is paired with a frightening experience. For example, an individual might not be afraid of a dog before the incident in which he is bitten by a dog. From that incident, the individual is conditioned that all dogs will bite and thus cause him to have a fear of dogs. As what the obsessive-compulsive example above suggests, the compulsive behaviors tend to reduce the unconscious anxiety associated with the obsessive thoughts. This can be explained from the behavioral aspect. As the individual reduce the unconscious anxiety through his compulsive behaviors, it reinforces the compulsive behaviors as it causes a sense of temporary relieve. Cognitive Sufferers of anxiety disorder tend to perceive their distress as a sign of impending disaster. Their reaction may set off a vicious cycle in which the person fears disaster, which in turn leads to an increase of the anxiety level even more, which cause the anxiety sensation to worsen and confirms the person ¿Ã‚ ½Ã‚ ¿Ã‚ ½s fear (Beck Emery, 1985). Research also found out that anxious patients maintain their anxiety by employing cognitive biases that highlight the threatening of the stimuli (MacLeod et al., 1986). The result of this study suggest that anxious patients may have bias in attending or encoding that makes them more likely to notice a threatening stimuli. Neuromolecular Studies show that levels of some neurotransmitter in the body contributes to anxiety disorder. For instance, low levels of GABA, which reduces the activity in the central nervous system, will contribute to anxiety (Lydiard RB, Nemeroff CB, 2003). Recent studies also suggest that the effect of Selective Serotonin Reuptake Inhibitors (SSRIs) in alleviating anxiety may result from a direct action on GABA neurons (Taylor M, 2004). Effect of Anxiety Disorder According to Kendall Genre, an anxiety disorder can affect one ¿Ã‚ ½Ã‚ ¿Ã‚ ½s family and friends in a number of ways. When one has anxiety disorder, the symptoms which they experience, such as insomnia, irritability, tension can affect his or her interpersonal relationships with his or her family and friends. Besides that, the symptoms of anxiety disorder may abrupt the normal function of that individual in his daily life (Kendall Genre, 2008). The individual may not be able to do his or her work efficiently which may be related to the symptoms one suffered due to anxiety disorder. For example, if the individual suffers from insomnia, he will be fatigue the next day and causing lack of concentration in fulfilling his task properly. Symptoms may last for days, causing the sufferer having difficulty to cope it, which then cause them to unable to function properly (Judith Boucher, 2007) Furthermore, some anxiety disorder such as panic disorder and Post-traumatic stress disorder may cause the individual to avoid things that will trigger the disorder (Kendall Genre, 2008). Avoidance then causes the individual to unable to function ones daily life normally. For instance, if a person is afraid of car due to an incident which she was rape in a car, she will avoid going on cars and thus circumscribed her ability to interact socially in such a way that her family, friends and coworkers are affected. She can no longer drive out to have tea with her friends because she wants to avoid being in a car. Better Daoust suggest that anxiety disorder especially panic disorder can cause the body to take a lot of punishment due to its broad symptoms. Panic attack can generate long term stress related problems that are quite serious. First of all, the heart will suffer first from a panic attack. If it is not handled properly, it will affect the functions of other organs in the body too. During a panic attack, the lungs will work harder and the heart pumps faster because there is a lack of cellular support, the brain dedicates energy to somewhere else. Hence, she suggests that panic attack is a multi-system attacker. Anxiety disorders are often comorbid with other serious psychiatric disorders, particularly common, depression and substance abuse (Kendall Genre, 2008). This means that a patient of anxiety disorder has a very high possibility to suffer from depression or substance abuse.

Introduction to Negligence, Tort Law

Introduction to Negligence, Tort Law Discuss what is meant by a ‘duty of care’ in the tort of negligence. Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when determining how a reasonable person would act? Duty of care Test applied for determining Factors court would take into account to determine how a reasonable person would act Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. (http://legal dictionary.thefreedictionary.com/Tort+Law) A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered losses. Whereas, the person because of whom the damages/losses have occurred to the plaintiff is known as the defendant. The law of tort is obtained from common law principles that have come from case laws and legislative enactment. Torts are not dependent on any sort of agreement between the two parties involved and this is how tort law is distinguishable from breach of contract or any other type of law. Moreover, it is the citizen who brings the tort case even though criminal prosecutions are applied by the state. Defendants, in case of tort law, do not receive fines and neither do civil courts incarcerate them. (http://www.findlaw.co.uk/law/government/constitutional_law/500400.html) The word tort is derived from a latin word ‘torquere’, meaning incorrect or twisted. There was no separate legal action under the English common law. In place of tort the English law system provided plaintiffs with two options of reparation: trespass for direct injuries and for indirect injury, action on the case. In time, other civil wrongdoings were also recognized by the English common law, for ex Defamation, libel, slander. English common law became popular in America and they started adopting it. The first U.S. treatises that were published had a portion of common law which was created under the tort law. Every tort action requires some criteria to be fulfilled. First, the plaintiff must prove that the defendant had a legal obligation to act in a particular manner. Second, the plaintiff must prove that the defendant breached this duty by acting in a wrong way. Third, the plaintiff must be able to prove that he suffered losses, damage and injury because of the defendant not being able to follow his legal duty. (http://legal dictionary.thefreedictionary.com/Tort+Law) The law of tort aims to serve the following objectives. First, tort law aims at providing compensation to the plaintiff for injury/losses suffered due to the misdoings of the defendant. Second, it tries to punish the defendant by making them pay for the cost of such losses/injury. Third, it seeks to make sure that such an irresponsible, careless behavior is discouraged in the future. Lastly, tort law seeks to claim the legal rights that are compromised or diminished. The above mentioned objectives me into play when the tort liability is imposed on defendants for negligence, intentional misdoings. Types of tort Intentional Torts Intentional tort is when a citizen or a group of people purposely indulge in an activity that harms or causes damage to another. For example, one person attacking another in a fight will be considered as an intentional act that would come under this tort. Seeing the above example it may look like an intentional tort may be categorized as a criminal case, but there are some differences between them. A crime can be thought of as when an individual’s actions damages or injures the interest of the society. Whereas, an intentional tort is when the actions of an individual affects/injures the property/well-being of one individual. While in a criminal case the charges are brought on by the government and can lead to jail sentence, in a tort the victim presses the charges against the defendant and is usually seeking for monetary compensation for the injury/damages caused by the defendant. Negligence Every individual/citizen is anticipated to behave in a particular manner and conduct themselves responsibly. This is also considered as a legal duty of the citizens as this would reduce the risk of damage/injury/harm to the others. If a citizen fails to abide by these requirements he/she is said to be negligent and the act comes under negligence. Tort of negligence has been the most prevalent tort. A lot different than the tort of intention, negligence tort doesn’t consider intentional actions by a person, whereas it takes into account the cases where an individual acts carelessly and fails to obey the above mentioned legal duties towards fellow citizen causing them harm/injury/damage. The most common case is of slip and fall wherein a property owner fails to behave as a rational person would, hence causing harm to the visitor. Strict Liability This type of tort (strict/absolute) involves imposing responsibility, for a damage/injury/harm, on the person who has done wrong without the requirement of proof of negligence or intention. What only count is that an action transpired which eventually led to injury/damage/harm of another person. The most major example is of defective products, where the liability is imposed irrespective of intent. In such cases the only requirement the injured person has to fulfill is to prove that the injury was directly caused by the malfunction of the product in order to have the law on their side. The company’s intention is this case is not taken into consideration. Business tort (http://www.inc.com/articles/1999/11/15387.html) In business tort the damage is not done to an individual but to imperceptible assets such as economic interest or business relations or contracts. Fraudulent Misrepresentation Fraudulent misrepresentation aims at protecting an individual’s economic interests and also their right to reasonable and true treatment. If a plaintiff wishes to file a fraud claim he/she must prove that the defendant purposely misrepresented a fact which the plaintiff relied on and was eventually harmed/suffered losses due to the misrepresentation. For example, if a company presents factually wrong/misleading financial statements to a bank in order to procure a loan and the bank relying on those statements provides the loan then the bank is eligible to file a case for fraud against the company if they aren’t able to pay the loan back. Fraud claim can be filed if the defendant had the duty to disclose a fact but he/she failed to do so. Like for instance a financial advisor on behalf of both buyer and seller may be held for fraud if he has knowledge about the toxic content of the property and fails to tell this to the buyer. TORT OF NEGLIGENCE The most common kind of tort that one comes across is the tort of negligence and is generally used to represent behavior that causes the unreasonable risk of harm to other individuals. There are a few elements that are required to be established for the negligence tort. They are as follows: A duty of care should exist between the plaintiff and the defendant. The defendant breaching that duty of care. Defendants breach causes direct harm/ injury/damage to the plaintiff. DUTY OF CARE A duty of care is when a person is required to behave carefully, with responsibility and attention towards other individuals in a way a reasonable person would. If the individual fails to meet the expected standard of care then they behavior is considered negligent and any damage/harm resulting from it may be filed for negligence it the court of law. (http://legal-dictionary.thefreedictionary.com/duty+of+care) Judges making decisions in various cases involving tort of negligence has led to the gradual development of duty of care. This first came to light in a case of negligence of donoghuev v Stevenson (1932) in which the plaintiff (mrs. Donoghuev) went to a cafà © with a friend of hers. Her friend brought her a drink of ginger beer and ice cream. The contents of the beer couldn’t be seen as it was in a dark bottle. Mrs. Donoghuev drank some of the beer and then poured the rest out and to her shock saw a dead, decomposing snail in the drink. This horrified mrs. Donoghuev and led to her becoming ill. The main reason of her falling ill was the sight and the ginger beer she had already drunk. In spite of clear negligence on the part of the manufacturer mrs. Donoghuev couldn’t claim against the manufacturer or the shopkeeper based on contract since she wasn’t the one who bought the drink. Mrs. Donoghuev’s friend bought the drink hence she could claim against the cafà © based on contract, but again since her friend didn’t suffer any kind of illness/losses apart from the fact that she had bought the defective good. In this case the only remedy that could be provided was money back to the friend and no remedy for mrs. Donoghuev’s health. Hence, mrs. Donoghuev decided to file a claim against the drink’s manufacturer (Stevenson). Her claims were based on the stomach illness and resulting shock from the consumption of the beer and the sight respectively. Whether her claim against the drink’s manufacturer would succeed or no was now dependent on the court’s decision. This situation led to lord Atkin’s famous statement. â€Å"The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, ‘Who is my neighbour?’ receives a restricted reply.You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.Who, then, in law is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.† Donoghuev v stevenson (1932) was the first attempt that succeeded to set out a general principle with respect to the concept of the duty of care. As the lawyers began to realize that the above mentioned principle could be changed to be used with various types of cases, the test was restructured to create the three part test in the case of caparo v dickman (1990) The general parameters set in the test for caparo v dickman were as follows It should be reasonably foreseeable that an individual in the plaintiff’s position was at risk of injury/harm/damage. There should be satisfactory proximity between the two parties. Proximity here means that two parties involved should be close enough such that it is ‘reasonably foreseeable’ that negligence by one party leads to damage/injury to the other party. It should be just, rational and realistic to enforce liability on the defendant. All the above mentioned parameters should be met if a duty of care is to be payable by the defendant to the plaintiff. Also there is a necessity for each part to be proved and explained separately and unambiguously. Caparo Test The First Part – Foreseeablility This test is objective. Would it be foreseeable that someone in the claimants place might be injured by a reasonable individual? In Donoghue v Stevenson (1932) it can be seen that the consumer’s health will be affected if the snail gets into the bottle. This particular situation is of supplying consumable products with foreign bodies in it and a reasonable individual would be able to foresee that the consumer (plaintiff) may very likely be injured. In the case of Kent v Griffiths (2000) a patient was suffering from a serious asthma attack and therefore a doctor ordered an ambulance to take the patient to the hospital immediately. The ambulance control centre received the messaged and they acknowledged it. Without any acceptable reason the ambulance arrived very late, the result of which was that the patient suffered a heart attack. The heart attack could have been avoided if she had been attended to earlier. A reasonable individual would find it foreseeable that that the ambulance’s failure to arrive in time would cause the patient to suffer from serious harm. There have also been various cases where the courts have decided that it isn’t reasonably foreseeable that the plaintiff would suffer harm. For instance, in Bournhill v Young (1943) a motorcyclist crashed into a car and was killed due to driving too fast. Mrs. Bournhill, who was very close to the scene, was eight months pregnant. Mrs. Bournhill only heard the incident but didn’t actually see it. As she witnessed the blood on the road and body it led to her experiencing a severe shock which further led to her baby being born still. She filed a case against the motorcyclist blaming him for her plight. But the court denied her claims as they decided that the motorcyclist couldn’t have reasonably foreseen that his accident would affect mrs. Bournhill, hence he didn’t owe any duty of care to her. The Second Part – Proximity A duty of care exists only when the harm caused is reasonably foreseeable and also if the relation between the plaintiff and the defendant is sufficiently close. The same can also be seen in the case of Osman v Ferguson (1993) in which the police officers were aware of the risk the victim was at. The victim was hence murdered by the attacker. During the proceedings the courts established that the plaintiff and defendant had a sufficiently close relationship. However, the case failed because it was decided that it isn’t fair, just to impose a duty of care on the police. The Third Part – Fair, just and reasonable Generally, courts refrain from imposing a duty of care on the public authorities. However, is few situations the police do somehow owe a duty of care. In the case of MPC v Reeves (2001) a man with suicidal tendencies was taken into custody by the police. He hanged himself to death in the cell while he was in custody. In this particular case the police did owe the victim a duty of care. Breach of Duty Once a claimant has proved the duty of care is owed he must then show that the defendant breached that duty. This is merely when the defendant falls below the standard of care appropriate to the duty. Breach of duty is measured objectively by the ‘reasonable man test’. The reasonable man is the ordinary person performing the particular task: he is expected to perform it reasonably competently. Thus, when I am riding my bicycle, I am expected to be a reasonably competent cyclist who can ride a bicycle. Therefore, a number of factors that can be considered to raise or lower the standard. This is logical because a reasonable person will rightly take greater risks in an emergency, and take more care when the risk of harm is greater. For a breach of duty to occur, the court will take four factors into account: Now that the plaintiff has proved that duty of care exists the next step is to show that the defendant has breached that duty. -Thedegree of riskinvolved: the greater the risk, the more the defendant has to take care. (Bolton v Stone 1951). -Thecost of precautions: the courts will see how high the risk is involved, and then take into account the expense of taking precautions to prevent that risk (Bolton v Stone and Latimer v AEC). Potential seriousness of injures: so if there is a very high risk of serious injury, the more the defendant needs to be very careful (Paris v Stepney B.C. 1951). -Theimportance of the activity: in an emergency, sometimes it is not possible to reflect, think of a possible risk (Marshall v Osmand 1982). Standard for experts– where the defendant has some expertise, for example, he is a doctor carrying out medical treatment, then the standard of care is that which would normally be expected from a doctor. InBolam v Friern Hospital Management (1957)the judge said: A man need not possess the highest expert skill; it is †¦ sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art. In some situations, it is difficult to know exactly what happened, although it is found obvious that the defendant was negligent. In these situations a rule calledres ipsa loquitur, which means (things speak for themselves) was developed by judges. It has to be shown that: à ¯Ã¢â‚¬Å¡Ã‚ ·The defendant was in control of the situation (causing injury). à ¯Ã¢â‚¬Å¡Ã‚ ·The injury was more likely than not to be caused by negligence. If the claimant proves these two things then the defendant has to prove that he was not negligent. This rule was shown in the case ofScott v London and St. Katherine Docks (1865)where the claimant was hit by six bags of sugar which fell from the defendant’s warehouse. The claimant could not say why the bags had fallen but the court ruled that the facts spoke for themselves and it was up to the defendant to prove that he was not negligent.

Personnel Management (HRM) :: essays research papers

Personnel management - The renewed emphasis on the importance of human resources in the 1980s and 90s drew attention to the way in which people management was organized. Specifically, this meant a critical review of the functions of personnel management. Personnel management has been a recognized function in the USA since NCR opened a personnel office in the 1890s. In other countries the function arrived more slowly and came through a variety of routes. This excerpt from Human Resource Management in a Business Context looks at Personnel management from a historical perspective. Further notes: Traditional Personnel Functions †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Recruitment - advertising for new employees and liaising with employment agencies. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Selection - determining the best candidates from those who apply, arranging interviews, tests, references. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Promotion - running similar selection procedures to determine progression within the organization. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Pay - a minor or major role in pay negotiation, determination and administration. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Performance assessment - co-ordinating staff appraisal and counselling systems to evaluate individual employee performance. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Grading structures - as a basis for pay or development, comparing the relative difficulty and importance of functions. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Training and development - co-ordinating or delivering programmes to fit people for the roles required by the organisation now and in the future. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Welfare - providing or liaising with specialists in a staff care or counselling role for people with personal or domestic problems affecting their work. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Communication - providing internal information service, perhaps in the form of staff newspapers or magazines, handouts, booklets, videos. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Employee Relations - handling disputes, grievances and industrial action, often dealing with unions or staff representatives. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Dismissal - on an individual basis as a result of failure to meet requirements or as part of a redundancy, downsizing or closure exercise, perhaps involving large numbers of people. †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Personnel administration - record-keeping and monitoring of legislative requirements related to equal opportunities and possibly pensions and tax. Personnel Management Personnel management has been a recognised function in the USA since NCR opened a personnel office in the 1890s. American personnel managers worked within a unitarist tradition, identifying closely with the objectives of their organization (key concept 1.3). It was natural for HRM to emerge comparatively smoothly from this perspective. In other countries, notably Australia, South Africa and the UK, the personnel management function arrived more slowly and came from a number of routes. Moreover, its orientation was not entirely managerial. In Britain its origins can be traced to the 'welfare officers' employed by Quaker-owned companies such as Cadburys.

Examining Chronic Traumatic Encephalopathy (CTE) in Professional Boxers

The competitive nature of professional boxing plays an integral role in the longevity of the sport throughout earlier civilization to the modern-day era. The pivotal key in the success of boxing is the unpredictability of what each match entails, which often triggers excitement to highly devoted fans. Nonetheless, there are serious hazards associated with professional boxing (e.g., brain atrophy, and neurological and cognitive impairments). As a matter of fact, most fatalities in the ring are usually due to brain injuries such as brain hemorrhage, subdural hematoma, and brain contusions (Ryan, 1998). In hopes to witness a huge decline in head-injuries, several medical societies have consistently urged the banning of this sport. In this analysis, I will 1) examine the potential dangers of professional boxing; 2) explore the etiology, and the prevalence of CTE in professional boxers and lastly, 3) conduct a comprehensive analysis of two opposing views regarding professional boxing (i. e., to ban, or not to ban?); One of the most serious public health concerns in modern-day boxing is the development of a progressive disease known as the Chronic Traumatic Encephalopathy (CTE) (aka â€Å"dementia pugilistica† or â€Å"the punch-drunk effect.†). It has been estimated that CTE occurs in 20% of professional boxers (Zetterberg et al, 2006). The theory behind the frequent occurrence of CTE in professional boxers is due to the accumulated effects of multiple head trauma to the brain (e.g., mild-concussions) which may lead to permanent and irreversible brain damage. It has been known that those professional boxers with more extensive history of boxing matches are more likely to experience severe CTE. Casson et al., (1982) examined ten professional ... ...ts of Boxing. Boca Raton, FL: CRC Press Levin, H.S., Eisenberg, H.M., Benton, A.L. (1989). Mild Head Injury. Oxford University Press Matthew R. Potter, Ashley J. Snyder, Gary A. Smith, Boxing Injuries Presenting to U.S. Emergency Departments, 1990–2008, American Journal of Preventive Medicine, Volume 40, Issue 4, April 2011, Pages 462-467, ISSN 0749-3797, 10.1016/j.amepre.2010.12.018.(http://www.sciencedirect.com/science/article/pii/S0749379711000341) McKee, A.C., Cantu, R.C.,Nowinski, C.J., Hedley-Whyte, T., Gavett, B.E., Budson, A.E., Santini, V.E., Lee, H.S., Kubilus, C.A., Stern, R.A. Chronic Traumatic Encephalopathy in Athletes: Progressive Tauopathy After Repetitive Head Injury. 2009. Boston, MA: Neuropathology Neurol. Roberts, G.W., Allsop, D., Bruton, C. The occult aftermath of boxing. J Neurol Neurosurg Psychiatry. 1990 May; 53(5): 373–378.

Health Care Challenges Memo Essay

There are many challenges that happen within the health care field. The most important is protecting the patient’s personal information and who is able to access this information. The National Health Information Network (NHIN) was formed to help improve upon the sharing of health care data. This was to help link data together for all involved to keep data secure when transferring over the internet. Within a health care organization a Hierarchy information system is used. This offers ease of network expansion and alteration for desktops used to be able to access necessary data. Both local area network (LAN) and wide area network (WAN) are used in within the organization. Two or more LANs are connected by a hub. The LAN is connected from different areas to form an internetwork. Within the health care field it is important that protected health information (PHI) is kept protected. There are measures that need to be taken to ensure that there are no unauthorized usages of this typ e of information. The HIPAA standards must be followed at all times whether it is administrative or patient care departments. Physical safeguards are in place to protect the hardware and facilities that store PHI. The facility that houses the health IT is housed has limited physical access to authorized personal only. There are restrictions on workstations to have access with PHI. The health IT system has safeguards built in to protect health information and to be able to control of access to it. Measures are set to limit access of information. Steps are taken to encrypt, and decrypt information being transmitted electronically to guard against unauthorized access of the information. In order for the organization to have control over who access the information steps need to be taken to protect patient data from being stolen. To do this users have a unique user identification protocols, automatic logoff, emergency access steps, and encryption and decryption mechanisms. Audit  controls need to be used to check activity of the IT system. Authentication of the entity or person that is attempting to access the information is a must to do. Transmission security of PHI that is being transmitted through the network needs to be protected. References Health Information: Management of a Strategic Resource (4th Ed.) (Abdelhak, Grostick, & Hanken) How Do I Ensure Security in Our System? (n.d). Retrieved from www.hrsa.gov/healthit/toolbox/HIVAIDSCAREtoolbox/SecurityAnd†¦

Jane Eyre and Class System Essay

In Bronte’s time, the Victorian era, class system still played a huge role in society. People of a certain class would often look down on people from another class. Class was something you were born into. It was almost impossible to shift from one class to another. In the novel Jane Eyre, Bronte presents a very revolutionary character in that aspect. Charlotte Bronte is critical about the class system and tries to show that through Jane Eyre. Jane Eyre is not influenced by the social class system, because she shifts between several classes, has a strong character which enables her to ignore the traditions of the class system, and she does not judge others on their class, but rather on their character. Jane is not fixed to one class, but instead shifts between several classes. During her childhood, she is raised within the wealthy Reed’s family (Bronte 1). However, she is not considered as family, because she is an orphan. She is born into the working class and for that reason she is ill-treated by the Reed’s family (Godfrey 853). This becomes clear when John Reed addresses Jane: â€Å"you are a dependant, mamma says; you have no money; your father left you none; you ought to beg, and not live with gentlemen’s children like us† (Bronte 7). She still remains in this class position when she attends Lowood school, which is a school for orphans. At the age of eighteen, she becomes a governess at Thornfield Hall, and her position changes. Since she earns her money by teaching a pupil, her position moves upwards somewhere between the working class and the middle class (Godfrey 857). In the rich Mr Rochester she meets her future husband, but when she discovers that he is married to another woman she runs off (Bronte 379). With almost nothing, she has to beg for food which brings her position to the lower class (Bronte 431). When her uncle dies, she inherits a large amount of money, which enables her to climb up to the middle class (Bronte 500). Knowing that Mr Rochester’s wife died, she is now able to marry him since their positions are equal. Jane Eyre does not judge others on their class, but rather on their character. As is mentioned before, Jane does not belong to one particular class, but shifts between the two extremes of the class system. In the beginning Jane does not feel comfortable around superior people. This might have been a result of her childhood during which she was ill-treated. However, she quickly learns to evaluate people on their character instead of their class status. First we see how Jane feels drawn to Bessie, the maid, who is the only one during her hard childhood who cares about her: â€Å"She had a capricious and hasty temper, †¦ , still such as she was, I preferred her to any one else at Gateshead Hall† (Bronte 41). Later on we see how she establishes a close relationship with Helen Burns, who is a friend at Lowood, and also with Miss Temple, the head teacher. These examples are people from the lower or working classes. We also see that Jane criticizes Mr Brocklehurst, who belongs to a higher class, because of his wrong and hypocrite behaviour. He tells the girls at Lowood: â€Å"my mission is to mortify in these girls the lusts of the flesh, to teach them to clothe themselves with shamefacedness and sobriety, not with braided hair and costly apparel† (Bronte 86). Yet, his own wife and daughters are dressed luxurious. The most important example is of course Mr Rochester. Jane Eyre often reflects on his character, but never really on his class: â€Å"I believed he was naturally a man of better tendencies, higher principles, and purer tastes than such as circumstances had developed, education instilled, or destiny encouraged† (Bronte 193). Her love for him is based on his character and not on his class. Jane has a strong character which enables her to ignore the traditions of the social class system. In the Victorian era, women were still considered inferior to men. At a certain point during her stay at Thornfield Hall, she expresses her opinion about this: â€Å"Women are supposed to be very calm generally: but women feel just as man feel; they need exercise for their faculties, and a field for their efforts as much as their brothers do† (Bronte 146). This shows that Jane has a different view from the traditional one, namely that she thinks that women are equal to men. At a later stage in her life, when she inherits twenty thousand pounds from her uncle, she also reacts different from the traditional standards. She wants to divide the money equally with her nephew and cousins (Bronte 505). However, St John calls this â€Å"contrary to all custom† (Bronte 507), because normally someone from a lower class would keep the money for himself. So Bronte shows that she has a critical view on the social class system by presenting Jane’s revolutionary character, and letting her break through the traditions of the class system. She is not influenced by the social class system, because instead of being fixed to one class, Jane changes from one class to the other. She starts out as a working class girl being raised in a middle class environment, and shifts back and forth until she finally ends in the middle class. She also evaluates people on their character instead of their class, and her strong personality enables her to ignore the standards of the social class.