Why The US Has Higher Crime Rates Than Other Nations Case Study

Why The US Has Higher Crime Rates Than Other Nations - Case Study Example As an aspect of an individual’s personality, self-control reflects the ability to control and set up boundaries on oneself internally in response to a certain stimulus in the environment. Myers (1995) believed that behavior and actions are affected by whether people perceive the control as internal or external in which the individual is at the mercy of the outside world. Studies have made evaluative comparisons between internal and external control which showed to a great extent that internal control subjects achieve better in a social structure and act more independently in Bennassi, et al (1998). Human behavior has shown control that is often perceived as an external force that triggers feelings of depression giving out an opportunity for avoidance. However, individuals who have learned and experience self-control can easily avoid the emergence of disruptive behavior. Self-control helps a person to resist the momentary temptations of socially unacceptable behavior. Basically, through social learning man learns to exercise personal restraints through positive and negative reinforcements through normal cognitive processing. A greater degree of self-control helps a person to resist the momentary temptations of antisocial behavior in Gottfredson and Hirschi(1990:97). Further, they showed in the General Theory of Crime, that the development of criminal behavior in individuals points out that both the elements of ‘prudent and criminal behavior’ can be predicted through the evaluation and assessment of the lack of self-control alone. They argued that self-control does not necessarily require the presence of a crime but the trait itself can be changed according to the opportunities afforded and constraints affected. Although a relatively new theory in relation to criminology their theory adapts to the idea that criminal activity is gratifying and the key to understanding crime is discovering what prevents people from the errant behavior. In effect, the authors grandstand on the idea that levels of self-control may predispose criminality.

International Business Competing in the global marketplace Essay - 1

International Business Competing in the global marketplace - Essay Example Free trade must be encouraged. What this says about targeted trade barriers is that they are restrictive and detrimental to the cause of free trade. Q3) The United States is a net debtor nation and hence the FDI flows into Japan are lesser than the FDI flows into the US from Japan. Moreover, the attractiveness of the US market for its consumption patterns and its sheer size make for businesses from all over the world to invest in the US. The implications of this trend would be that more and more businesses in the US would be owned by Japanese and may not be good for the US economy in the long term. Q4) I would recommend setting up a wholly owned subsidiary in Europe as this would lead to a case where my firm can make use of the local subsidies and also leverage on the fact that the technical competence available with my firm makes it possible to manufacture the computers at half the cost. As for the other options, exporting directly from the US may involve paying tariffs and duties. And licensing to a European firm means that my firm has to share the know how with them. Q1) This is a classic question about whether free trade is beneficial or domestic market driven economies are good. My opinion is that we should go by the theory of comparative advantage and thus let firms invest abroad and complete the cycle of investments from those countries flowing back home and creating jobs. Thus, the cyclic view of trade and inflows and outflows must be taken into account while making a decision regarding investing abroad or domestically. Q2) Any multilateral trading agreement would benefit the world economy in the longer term. What one country is good at and what another is good at and hence barter or exchange has been the underpinning of the world economy and thus free trade and multilateral trade agreements benefit everyone in the longer run. As for

Shopping Malls and the Malaysian Lifestyle

Shopping Malls and the Malaysian Lifestyle 1.0 Introduction Shopping mall is inevitably the main focal point in many Malaysia city and shopping has become the Malaysian favorite pastime during weekends. Moreover, series of mega sales and discount events have encouraged the act of consumption, turning the shopping center become one of vital element in our lifestyle. The role of shopping center is gradually replacing existing public space in many modern Asian cities where the people do not have public parks or squares to hangout. Instead, a weekend family affair may just spend in the movie theatre or restaurants inside shopping mall. Therefore, shopping center is evolving into a new force whose impact should not be neglected. Nowadays, a new kind of shopping center known as the lifestyle center began emerging in Malaysia. According to International Council of Shopping Centers (ICSC), the lifestyle center features an open-air architecture, typically high-end retailers, may or may not include anchor stores, and has a large concentration of dining and entertainment facilities. The properties are usually well landscaped and offer outdoor artwork, music, and trams or trolleys for on-site transportation. It is intended to support a shopping as entertainment mindset and has become highly popular in affluent communities. We can see the emerge of lifestyle malls in Greater Kuala Lumpur especially suburban Kuala Lumpur such as 1Mont Kiara, The Curve, Jaya One, Wangsa Walk, Sunway Giza, Alamanda Putrajaya and the list goes on. Originated in US, lifestyle center combining the traditional retail functions of a shopping mall with leisure amenities in a town square or main street setting have become common in affluent suburban areas and are now one of the most popular retail formats in US. However, in Malaysia, the professionals are keener to recognize it as Lifestyle Mall since most of them are indoor setting but incorporated with outdoor walking mall. Thus, hereinafter, I will use the term lifestyle mall in describing the Malaysia context. 2.0 Problem Statement The emergence of lifestyle malls poses interesting question for urbanism in Malaysia. Cities in the Malaysia especially Greater Kuala Lumpur are characterized by sprawling suburban, which a pattern of development being criticized by several theorists. According to Jane Jacobs in her book The Death and Life of Great American Cities, she arguing that modernist planning policies that promoted highway construction has been destroyed many existing inner-city communities (Jacobs, 1961). After that, others writers such as Joel Garreau, Dolores Hayden and Robert Bruegmann agreed that suburban sprawl occurred to the destructive of urban life in America (Garreau, 1991; Hayeden Wark, 2004; Bruegmann, 2006). Furthermore, most of the critics on the rapid suburbanization that occurred in America as well as Malaysia, is the changing of urban and social fabric in several ways, both physically and socially. According to Harriet Tregoning, he states that cars have become necessary to working, shopping and living in suburban cities. The growing dependence on automobiles necessitated by low density, sprawling land use has important implications. People living in more sprawling regions tend to drive greater distance, own more cars, breathe more polluted air, face a greater risk of traffic fatalities and walk and use transit less. One of the most common arguments is that suburban development isolated residential areas from the commercial areas and working places that served them, thus creating sprawling, inharmonious mix of single family houses, shopping centers and office parks across the suburban landscape (Duanny, 2000; Kunstler, 1993). Many of the physical and social elements that constituted the spirit of the city civic art, civic life as well as public realm were lost in the process of spatial segregation (Garreau, 1991; Duanny, 2000; Hayeden Wark, 2004; Bruegmann, 2006). Suburbanization tends to isolate large groups of society preventing the contact between diverse members of the population that is common in more traditional urban settings. According to Fellmann et all, the upwardly mobile resident of the city-younger, wealthier and better educated- took advantage of the automobile and highway to leave the central city. The poorer and older people were left behind. The central cities and suburbs becam e increasingly differentiated. Krueger and Gibbs stated that Suburbanization produces enormous obstacles to the creation of a sense of identity with the neighborhood of residence, since the links generated are minimal and the lack of social ties makes the construction of a sense of belonging to a place very difficult (Krueger Gibbs, 2007). Duany writes It is difficult to identify a segment of the population that does not suffer in some way from the lifestyle imposed by contemporary suburban development (Duany, 2000). From a social perspective, most critics argue that in suburbia, the private realm is privileged over that of the public. Thus, without adequate public space, there is a severe shortage of venues where social interaction can take place because sharing the public realm, people have their opportunity to interact, and thus come to realize that they have little reason to fear each other. (Duany, 2000) The evolution of shopping center development in Kuala Lumpur began with the opening of the first purpose built supermarkets and emporiums such as Weld Supermarket, Yuyi Emporium and so on. The first shopping complex, Ampang Park arrived in 1973, followed by Campbell Complex, Wisma Stephen, Wisma Central, Sun Complex, Pertama Complex, Wisma MPI and Angkasaraya. These shopping complexes are essentially retail developments located within a podium block of a shopping cum office development. Anchor tenants are nonexistent and the complexes have poor amenities and parking facilities. The retail outlets are generally small and the layout design is poor with little pedestrian circulation and inefficient use of space. Pertama Complex in Jalan Tunku Abdul Rahman is among the first generation shopping complexes in Kuala Lumpur. The second generation of 80s shopping complexes were purpose built shopping complexes such as Sungai Wang Plaza (1978), Bukit Bintang Plaza (1979), Kota Raya (1982), Yow Chuan Plaza (1983), Imbi Plaza (1985), KL Plaza (1985), The Mall (1987), The Weld (1988) and Pudu Plaza (1989). These complexes enjoy good accessibility as they are located on main roads or at busy junctions of arterial or main roads. Ample parking lots are provided and easy entrance and exit points are strategically located for the convenience of shoppers who travel by car. Sg Wang Plaza, one of the popular shopping centers situated in Bukit Bintang shopping district of Kuala Lumpur. The shopping complexes have much better design and the adoption of a balanced tenant mix has taken stage in the overall planning, leasing and design of the complexes. The size, distribution and layout of the retail lots are also carefully planned and designed. Anchor tenants such as Metrojaya, AEON Jusco, Isetan, Parkson are used as magnets and are purposely located to facilitate the flow of shoppers in the complexes. With rapid economic growth and urbanization in the Klang Valley, a wide range of social and economic factors have combined to influence the trends in shopping center development. The third generation of shopping centers, from the 1990s to the present, has seen the birth of new giants, with the size determine the winner of competition. Mega sized centers with vast retail space, often spanning more than two million square feet and with multiple anchor tenants, multiple mini anchors and a host of shop lots. Huge car parks accommodating more than 3000 vehicles are common, with a network of internal roads and access to main roads and highways. These mega shopping centers are usually located in the suburbs and they include Sunway Pyramid, Mid Valley Megamall, One Utama Shopping Center, and Tropicana City Mall and so on. Perhaps being huge assures success. All the mega sized shopping centers have their individual niche markets and are thriving even facing competition with each others. For example, Sunway Pyramid integrated with its own planned resort Sunway Lagoon. Without exception, all shopping centers must have good or exceptional merchandise mix and strong retail attractions in order to succeed in the face of stiff competition. Mid Valley Megamall, the Malaysias largest suburban shopping center with 3 anchor tenants located in Bangsar. The trend is moving towards hypermarkets, which may be supplanting some of the old pop and mom style grocery business. Hypermarkets are typically huge stand alone supermarket and department store type retail outlets. Carrefour, Tesco, Giant are mushrooming over the suburban cities throughout Peninsular Malaysia. For example, Giant, the largest retailer in Malaysia are currently operates 107 stores nationwide and there are more stores opening soon. On the other hand, Tesco has operates 36 stores throughout Peninsular Malaysia to date. Giant Hypermarket, the largest retailer in Malaysia is operating more than 100 stores throughout Malaysia. The major factors which have contributed towards the emergence of suburban shopping centers and hypermarkets are due to the suburbanization of residential development. With limited land available for residential development in the city, housing has spread to the surrounding land at the city fringes with vast space of available lands. With provision of road infrastructure, the young, mobile, rich and middle class families who demand for bigger homes and more luxurious features and better quality of living have migrated to the suburbs. Many of these residential developments have taken the form of new townships and self contained neighborhoods such as Subang Jaya, Petaling Jaya, Damansara and the list goes on. Retail followed as families continued to move from central cities to the suburbs. Besides, the increases of female employments also lead to the emergence of suburban shopping center and hypermarkets. More females are entering the workforce which will directly affect the retailing pattern. It is because the addition of household incomes has increased the purchasing power. Moreover, women engaged in full time employment have less time for shopping. Thus, it results the increase of bulk buying and reduction in frequency of shopping trips. However, the shopping has turned into a family affair. Thus, it is essential to provide all in one shopping activities including shopping, food, entertainment and leisure with more emphasize on convenience, comfort and family oriented attractions and entertainment. While suburban malls only served the retail needs of suburban residents, critics began to argue that they eliminated any chance communities have for possessing physical continuity on the urban fabric since they usually located along the main route (Torino, 2005). Developers of suburban malls tend to overlook the role of shopping center as a forum of public gathering and social interaction. However, the suburban malls are not public spaces at all; they are designed for single purpose: consumption. Victor Gruen, the architect of the first modern suburban shopping mall in United States, recognized the breakdown of traditional community bonds are driven by uncontrollable suburban sprawl. Thus, Gruen envisioned the suburban mall to serve as the new town center which is dense, mixed use environments that could take place of traditional main streets and town squares. Gruen realized that the process of suburbanization was weakening the social bonds in a society that was fostered mainly in close knit rural communities and dense urban settlements. (Torino, 2005) Gruens idea was to make shopping malls more pedestrian friendly, which he achieved by putting the entire development under one roof, with stores on two levels connected by escalators and fed by two-tiered parking. In the middle of the mall was a town square, which featured a garden court under a skylight, a fishpond, enormous sculpted trees, a twenty-one-foot cage filled with exotic birds, balconies with hanging plants, and a cafà © (Gladwell, 2004). However, Gruens vision of shopping mall failed to function as town centers due to several reasons. In contrast to traditional town centers, which were extroverted, meaning that store windows and entrances faced both the parking areas and the interior pedestrian walkways, indoor malls were introverted: the exterior walls presented a blank faà §ade, and all of the activity was focused inward (Gladwell, 2004). According to Michael Sorkin, the design of shopping malls tends to reinforce the domestic values and physical order of suburbia, r ather than rectify it. In his book Variations on a Theme Park, Sorkin states, Like the suburban house that rejects the sociability of front porches and sidewalks for private back yards, malls look inward, turning their backs on the public street (Sorkin, 1992). Since most malls are located in the middle of vast parking lots set well off the street, what Sorkin refers to as pedestrian islands in an asphalt sea, their physical setting represents yet another crack in the already fragmented suburban landscape (Sorkin, 1992). Another reason why malls have failed to function as the traditional town centers that Gruen envisioned is that they are, by and large, built for a single purpose retail. According to Kevin Mattson, Whereas in cities, towns, and villages, public space invites mixed usage and contains churches, schools, courts, theaters, civic buildings and stores, malls are exclusively commercial. Access and architecture together conspire to make buying and selling the only thinkable activities (Mattson, 2009). Mattson argues that since malls are the only public spaces left in many parts of the country, they must become more like real towns with a mixture of uses: If commerce is not to become the sole activity we engage in when we are in public, malls must offer alternative activities civic, cultural, athletic, political, and recreational that define us as citizens as well as consumers (Mattson, 2009). Many urban scholars have pointed to the obvious fact that shopping malls are not true public spaces, but privatized ones where management ultimately reserves the right to limit access. In his book The Right to the City: Social Justice and the Fight for Public Space, Don Mitchell touches on the idea that malls are exclusive places, where certain groups and behaviors are not welcome (rowdy teenagers, the homeless, and political demonstrations, for example). Mitchell also comments that malls are heavily patrolled by private security forces and are subject to constant surveillance (Mitchell, 2003). Malcolm Voyce has noted that malls do not coincide with the need for an open and democratic public space and that their private nature limits and controls diversity (Voyce, 2006). Private ownership and restricted access, therefore, undermine the shopping malls ability to function as a true, democratic public space. The recent trends mark the emergence of lifestyle malls mushrooming at the suburban Klang Valley. To be named a few: The Curve, the pioneer lifestyle mall in Malaysia; Sunway Pyramid, Jaya One, Wangsa Walk, Alamanda Putrajaya, Axis Atrium, Sunway Giza which are operating; SSTwo Mall, 1Mont Kiara, Subang Avenue, Citta, Setia Walk, Setia Avenue and the list goes on which are on construction to join the lifestyle demand. Therefore, it is not strange that Business Week Magazine has referred the lifestyle malls as the Shopping Center of the 21st Century. The above lifestyle malls share several commons. Design ambience reflecting a main street motif is great emphasized. The developers often cite a large emphasis on food and entertainment, elements that further contribute to the atmosphere of the project. Parking is also a major concern where it is usually arranged in structures or placed underground (Malmuth, 2005). Moreover, the inclusion of mixed uses also can be found in the quality of lifestyle malls. The inclusion of non retail uses is what sets apart lifestyle malls from other retail developments, to the extent that certain developer, such as Sime UEP Brunsfield, will claim that the word lifestyle is meaningless if residential component is not incorporated. The rise of lifestyle mall also raises other important questions, particularly about how and whether the shopping centers also function as public spaces. Perhaps the most important factor leading to the emergence of lifestyle malls, however, and the focus of this thesis, is the recognition of the increasing importance of shopping centers as public spaces in suburban life. Outside of urban centers, suburbia offers very few public gathering places. Therefore, strolling through suburban malls has become the favorite pastime during weekends. It is however important to realize that the main concern of shopping center is still concern about commercial activities. While the fact is, people do not only shop in a mall, they do hangout and socialize in the same time. Besides, there are also critics on the suburban shopping malls that reinforce unsustainable suburban sprawl. Some argue that lifestyle centers represent part of an effort to reduce the effects of suburban sprawl, through the reint roduction of traditional mixed use setting. Other argues that they are only tools to earn since they are privately owned, carefully controlled. Therefore, do lifestyle malls truly represent better forms of public space than conventional malls? Developers of lifestyle malls seem to have realized that improved retail design can act as a forum for social activity as well as a source of increased revenue (Torino, 2005). If so, are they alternatives to malls as models for public space in suburban? Do lifestyle malls represent a new typology of quasi public space? And how public are those lifestyle malls? 3.0 Aim This research aims to examine the emergence of lifestyle malls of their ability to function as public space. 4.0 Objectives 4.1 To examine the publicness of lifestyle malls. 4.2 To determine the perception of shoppers experiences towards the function of lifestyle malls. 4.3 To recognize the lifestyle malls as a new form of public space in suburban. 5.0 Research Questions 5.1 How public are lifestyle malls? 5.2 How do the shoppers perceive the lifestyle malls role? 5.3 How lifestyle malls represent a new form of public space in suburban? 6.0 Outline of Methodology To answer these questions, a variety of methods will be applied. The overall methods are qualitative. Research which is primarily based on journals, articles and others. Attempt to examine the characteristic of public space in order to identify the function of lifestyle malls as public space in the context of ideas by theorists such as George Varna, Steve Tiesdell, Adam Tyndall, Kevin Lynch, W. Lewis Dijkstra, Jan Gehl as well as Project of Public Space. Interviews with planners and developers, member of Malaysian Association for Shopping and Highrise Complex Management Brief discussion regarding the trend of shopping centers in Malaysia, planning and development of selected lifestyle malls. Surveys of shoppers experience at lifestyle malls. Survey on the perceptions of shoppers towards lifestyle malls as social focus and public space. Observation Observation on the physical design of lifestyle mall, degree to the mixed tenants and how the public use the spaces. 7.0 Structure of the Thesis Chapter 1 Suburban development in Greater Kuala Lumpur, trend of shopping center in Malaysia Chapter 2 Discussion on the role of public space and how lifestyle mall fit into the context of public space Chapter 3 Case Studies Chapter 4 Survey results obtained at each lifestyle malls, observation on the quality of public space, design, level of mixed use, community events sponsored by each lifestyle mall Chapter 5 Concludes with a discussion of results and implications of the research. 8.0 Expected Output The expected output will be: Able to assess whether lifestyle mall in Greater Kuala Lumpur can function as public space. Able to determine that lifestyle mall can be another form of public space in suburban Kuala Lumpur. Able to recognize the characteristics of lifestyle mall that contribute to creation of public space.

The Themes of Nathaniel Hawthornes The Scarlet Letter Essay -- Scarle

The Themes of The Scarlet Letter      Ã‚  Ã‚  Ã‚   The Scarlet Letter is a romantic novel, mainly because it is a long, fictitious tale of heroes and extraordinary events.   Unfolding over a seven year period, we are treated to the heroism of Hester Prynne and her adulterous beloved, the Reverend Arthur Dimmesdale and the mysterious actions and behavior of their love child, Pearl, and the witch, Mistress Hibbins.   The story is set against the background of Puritan, New England, a stern, authoritarian, colony founded by a group of religious reformers.   Before the novel begins, Hester is guilty of an affair which produced Pearl while her husband was abroad.   Her husband, Roger Chillingworth, comes to America just as Hester is being pilloried.   He determines to remain in Boston in disguise in order to discover the man with whom she had the affair.   Chillingworth soon uncovers the identity of Pearl's father, the young and emotionally captivating pastor.   He proceeds to torment Dimmesdale's soul, event ually foiling the escape of the pastor, Hester, and Pearl.   At the end of the novel, Hester and Dimmesdale mount the pillory with Pearl together, where he reveals that he, too, has a scarlet "A" etched on his chest from remorse.   However, this act of public repentance allows him to be free of the Satanic clutches of Chillingworth.   Pearl, too, a child that barely seems human to others in the novel, reclaims her humanity by giving her real father a kiss and crying for the first time in the story.   There are two main themes at work in the novel.   The first is the conflict between romanticism and religion.   The second is the nature of sin, which the novel suggests is a guilty secret of all people.   The novel also portrays the sin of Chillingworth ... ...in the novel come off less sympathetically than those who sin because they are human in the face of oppression.    In conclusion, we see that for Hawthorne there is sympathy and some kind of identification with imperfect beings oppressed by some arbitrary religious interpretation to be perfect.   While Hester and Dimmesdale do, indeed, sin, it is only a sin in the eyes of others but an act of human love to them.   In a world where no philosopher has ever absolutely defined the will of God, i.e. the divine truth, it is amusing to view this Puritan community so sure of its divine right to judge that it tramples the human heart to shreds in the process.      WORKS   CITED Gross, S., Bradley, S., Beatty, R. C., and Long, E. H.   (eds.).   The Scarlet Letter:   An Authoritative Test, Essays in Criticism, and Scholarship.   New York, W. W. Norton & Company, 1988.

Grandparents Raising Grandchildren

For my paper I interview Brandie Stine. She has lived through many changes in her own family and had some great insight on how our family has changed so much over the past years. When she remarried in 1998, she went from a mother of five, to a mother of eight. She became part of a very big blended family.The adjustment of joining five teenagers (three of us had already moved out), was very hard for her and her husband. Trying to teach teenagers to get together is worse than having a group of 2 year old, telling them you have to share. They were able to make it through the rough times and now over the past 12 years, she and her husband have become the proud grandparents of 18 grandchildren. Her grandchildren are her new pride and joy, but she has also become a statistic, of a grandparent raising a grandchild. She says â€Å"it is hard and sad, when one of your own children is not willing or wanting to raise their own child.†She has raised Raven for the past five years, becoming her surrogate mother. She never thought that after raising her own children, she would be in these shoes again raising a small child. While a grandparent raising their grandchildren is not something new, the fact that older grandparents are raising younger grandchildren is on the rise. In the most recent Census Bureau statistics, 2.4 million of the nation’s families are maintained by grandparents who have one or more of their grandchildren living with them—an increase of 400,000 (19 percent) since 1990.These families comprise 7 percent of all families with children under 18. (U.S. Census Bureau, the Official Statistics, 1997) Some grandparents who have retried have to go back to work, just to be able to afford to take care of their grandchildren. The poverty rate is growing with this problem. Brandie said, â€Å"That when she was growing up you had grandparents in some homes but when you did this was to help take care of them and they would help the parents to raise their children.Children had respect for their grandparents and knew if they got in trouble with grandma, her punishment could be worse than moms, and then you also had to deal with dad when he got home.† If you did not live in the same home as your grandparents, then they weren’t but a short drive away and you spent most of your weekends with them. My mother has seen too many children being pushed to the side, and left to be taken care of by someone else. This is sad that  we have allowed our young adults to just throw their children away and not think twice. When did it become okay for a mother or father to not care about the well being of there children and allow someone else to raise them?

Common Law Essay

Chantelle woods v Department of Arts, Culture and the Gaeltacht 1)The relevant information that has bearing on this case vWhat was the previous health condition of Chantelle Woods before the accident? vWhat part of the building was she in? Where there any sign to say that staff and visitors are prohibited from coming in? vWas there any caution sign placed on the steps case? vWhat type of foot wear was she wearing when the accident occurred? vHas anyone ever fell from the step case before? vWas she carrying anything while climbing the steps? vDid she used the ray that was provided on the steps? From the investigation I had done in regard to the accident Mrs Wood had at the place of work during her lunch break, I was able to get the answers to the question listed above which had bearing on this case. Mrs Woods is suffering from short sightedness which means that she had to wear her glasses at all times. The picture of Mrs Woods that was replayed form the CCTV camera show that she was walking on the steps when the accident occurred without her glasses. The spot where the accident occurs was not appropriate place provided for staffs to have their break, although the floor was wet and there was no caution sign to indicate that it was a wet floor. She had proper chosen to go there in order to have a quite place to chat with her friend on the phone. It is very obvious that the kind of shoes Mrs Wood had on can leads to a fall even when the floor is dry, as the hill was about seven inches high. This is neither easy to walk with nor climbing the steps with. Despite that the floor was wet, there was no report that anyone had fell from that steps on that particular day expect Mrs Woods. I also get to understand that Mrs Wood was struggling with a heave file with one on hand, talking on the phone and climbing the steps at the same time. The ray provided was not used by Mrs Woods because she had her hands engaged with stuff. Examine this situation there is a huge possibilities that an accident can occurs. Negligence 2)Negligence What is? â€Å"Negligence can be defined as the failure to act reasonable in any circumstance to avoid causing damage or injury which is foreseeable†. (www.wikipedia.com[->0]) accessed 5/12/12 In other words it simply means harm caused by carelessness but not intentional. Donoghue v Stevenson. This law of negligence was established in the case. A man bought a bottle of ginger beer form a shop. The man gave the beer to his friend who drank it and found slug at the bottom of the bottle. As a result of what he saw, he had a shock and severe gastroenteritis. She took a legal action against the manufacturer. The Judge â€Å"Analyse the rules of negligence that the manufacturer of a product owed a duty of care to the end user of their product. If they failed to exercise a reasonable duty of care in all circumstance and a person suffers loss or damage as a result of their negligence, therefore they made themselves liable for the person’s loss under negligence†. (Davenport, 2008) Before any case can succeed under negligence the following element must be established Element of Negligence vDuty of Care: Is a legal obligation on the individual ensuring that they adhere to a standard of reasonable care when performing an acts they could foreseeable harm other. Everyone owes a reasonable duty of care to avoid foreseeable things that would likely injure or harm their neighbour. The word neighbour is the people closer that can be directly affected by our action. The manufacturer of a product owes a duty of care to the end users of their product. An employer owes a reasonable duty of care to their employee by providing a safe place for them to work. The case of Ryan v Ireland 1989 Explain the extent the employer owes their employees a duty of care to their employees. The plaintiff was a soldier who was working under the supervision of the Superior officer in a conflict situation. So many people lost their lives at that particular spot where he was assigned, as a result of gunshot. This made the entire soldier on guard to abandon their duty in order to save their lives. But after some days the gun fires cease and the area was declare safe. The superior officer ordered the plaintiff to return back to their normal position. The plaintiff was shot at that particular immediately after his resumption this lead to his disablement. The Supreme Court â€Å"Held that the state as an employer had failed to take reasonable care of his servant,† the Officer owes the plaintiff a duty of care, although the work of soldiers involves unavoidable risk of death and injury. A reasonable man can foreseeable that there is a possibility of gunfire at that spot where the plaintiff got injured; as so many people had lost their lives there before. The superior officer who sent an employee under his care to that same spot where killing are taking place did not act reasonable in anyway; therefore the Supreme Court ruled that the state was liable for the plaintiff disablement. (Brian Doolan, 8th edition, 2011) The department of Arts, Culture and the Gaeltacht owes a duty of care Mrs Woods which is to provide a safe place for her to a work as an employee. If the work of a soldier that involves unavoidable risk of death and injury, yet the employer was held liable for the disablement of a plaintiff that got himself involves in such job, Therefore the department of Arts, Culture and the Gaeltacht should be held liable because it is unforeseeable that Mrs Woods can lost her enjoyment of life due to the nature of her job. It is very obvious that the vinyl surface of the stairs was notoriously slippy. A reasonable employer can foresee the possibility of anyone especially a female wearing hill can had a fall due to the situation of the landing. It is the duty of the employer to ensure that there are cleaners on duty during the working hours to keep the environment clean and save. vBreach of the duty of care: Is the failure to act reasonable or protect someone who a person owed a duty of care from the been affected negatively by our action. In this case of Mrs Woods versus Department of Arts, Culture and the Gaeltacht, prove that there was a breach in duty of care. It is the duty of an employer to provide safe place for the employees to work. During the working hours cleaners and security were supposed to be on duty to tidy up the environment, or indicate that particular spot by placing a caution sign to say that the floor was wet. Even if Mrs Woods was talking on the phone while walking on the land, seeing the caution sign would have made her to take proper care of her steps. In this circumstance, failure to indicate that particular place was not safe to work is the breach in the duty of care. vcausation: This is principle that proves the link between the defendant negligence and the claimant or plaintiff loss or damages. It simply means that if the breach in the duty of care owed to whoever is due for their damage that they are suffering from. The Egg-shell skull rule â€Å"This principle states that the defendant should take their victim as they found them†. (Ursula Connolly, 2005). Anyone who causes damage to another person must pay for whatever injury the person is suffering from. It does not matter if the injury is worse than what another person would have expected. In the case of Vosburg v Putney In United State, 11 years old boy kicked 14 years old boy, who already had an unknown microbial in the shin while at school. The microbial can easily be irritated by kick. As a result of the kick the 14 years old lost the use of his leg. The court ruled that the kick was unlawful; therefore the 11 years boy was held liable (www.wikipedia .com) accessed on the 17/12/2011. Although Mrs Wood already has an existing spine problem, she was still able to do her normal job without any complain. It was just a minor problem for her because it did not stop her from doing anything. As a result of the accident she had during her lunch break made her minor injury worse and inability to return to her normal job. As we all know working with computer involve sit down over a period of time depend on the nature of the job. There is the possibility that Mrs Wood would not be able to do any job that as to do with sitting down over a period of time, due to the nature of the injury which occur at the her place of work. Falling from 10 to 12 steps and landing a head at the bottom could result to a future injury. Therefore the employer should be held liable for her injury according to the egg shell skull rule which says that our victim should be taking as we found them. The type of the injury: There are two types of injuries that are recognised in law, which are as follow. vSpecial injury: These are the injury that are quantifiable in nature, example loss of hearing, hospital bill etc. vGeneral injury: They are less quantifiable in nature but more subjective. Example includes pain, loss of amenity and enjoyment of life and future health problem etc. I would classified Mrs Woods injury as an injury under general damages, because she is suffering from pain, inability to do the job where she earn her living and there is also a possibility that she will have a future spinal cord problem as a result of the accident she had at the place of work. Although the accident Mrs. woods had at her place of work, was not intentional or deliberate act, but she contributed to it. Contributory negligence: This is the situation whereby the Plaintiff contributed or failed to act reasonable to secure her own safety. From my own personal investigation, Mrs. Woods contributed to the accident in so many ways, like chatting on the phone with her friend while climbing the steps. It is very obvious that all her attention were on the phone rather down the concentrating on the steps she was climbing. Despite that the floor was wet; there are other evidence to prove that accident would had occur due to the negligence of Mrs Woods; failure to wear her glasses, walking with 6 inches high heel etc. How could she be able to identified the spot that was wet without wearing her glasses when she suffering from short sightedness. Again the 6 inches high heel she had on was too high to be worn on a working environment. Badger v. The minister of defence EWCH 2005 A widow took a legal action against the minister of defence on behalf of her dead husband, who was a smoker. He was employed as a boiler maker in the department. During the course of his employment, he was exposed to asbestos dust and fibre which made him to be a patient of lung cancer that leads to his untimely death. The medical evidence proved that his continuous smoking habit contributed the lungs cancer that lead to his premature death. Justice Stanley Brown Refers to section 1 (1) of the law Reform (contributory negligence) act 1954 A person that suffers damages, partly from his own fault or the fault of another person excluding the defendant, shall receive reduced recoverable damages as result of his carelessness as required by law. Therefore Mrs. Badger claim was reduced by 25 percent. Therefore there shall be a reduction on the claim of Mrs. Woods as she had failed to exercise a reasonable care for her safety. The limitation Period This is the period of time in which an individual or organisation are given the opportunity to sue for the tort that occurs. Within this period, anyone that which to make a claim for what he/she suffers has a result of the behaviour of the defendant, has the right to do so within the period of time; but after this time limit the case is said to be statue barred as the right to make a claim has been ceased. In the case of Mrs Woods v the department of Arts, Culture and the Gaeltacht, The case was within the limitation period, as the accident occurred in February and in August the year she took a legal action against her employer. She made this claim under personal injury and the limitation period for such cases is two years. Her claim is not statue barred because it was within a year. Case two Mr. Cuddy a purchaser who took a proceedings action under negligent mis-statement against Wood Bell Camp about the property he purchased which was incorrectly calculated by Woods Bell Camp’s employee. Negligence Mis Statement What is Negligent Mis-statement? Negligent mis-statement is the representation of fact, carelessly made which is not on the favour of the claimant. It can also be refers to as inaccurate statement that is supplied by a trustworthy person to another who relies and act according to the information he had received. Statement like this are always disadvantages on the side of the claimant. Some of the disadvantages can be loss of income, enjoyment of life etc. For a person to be liable under negligent misstatement, the special relationship must be established. Special relationship is the trust or the relationship that exit between the maker and the recipient of the statement. The maker should be aware that the recipient relies and acts based on the information received from him/her. It is the duty of the maker of the statement to ensure that the information supplied is correct in order not to be liable for it. This special relationship was established in the case of David Walsh v. Jones Lang Lasalle Ltd [2007] IEHC 28. The Plaintiff claims for damages for compensation for the loss and damages he had sustained as a result of negligent and negligent misstatement from the defendant. The plaintiff purchased a property from a well known firm of auctioneer retained by the owner of the property. The plaintiff was given 23,057 square feet, as the total measurement of the floor. He did not to contact a private surveyor to measure the floor area in order to confirm if the measurement supplied by the defendant were accurate. He purchased the property for  £2, 34200 Irish pounds. The purchaser later find out t at the floor area was 1,817 square feet less than was given to him by the defendant. He took a legal action against defendant under negligent misstatement. Judge Quirke â€Å"Deals with this issue saying that the defendants failed to exercise requisite and approach standard of care which a purchaser is entitle to expect from a reputable auctioneer. Therefore is a breach in the duty of care†. Walsh v Jones Lasalle ltd case is quite similar to Cuddy v Wood Bell Camp. The plaintiff Mr Cuddy did not fully relies on the information given to him by Wood Bell Camp because he contacted a property surveyor to examined the property before he made up his mind to purchase the property. He made a loss on that property because the floor measurement is 30% lesser that what he was given to him by the auctioneers. Woods Bell Camp is liable of negligent misstatement by supplying an inaccurate calculation. In the case of Walsh v Jones Lasalle, the high court ruled that most auctioneers had some of form of disclaimer on their brochure â€Å"Judge Quirke explained that the disclaimer comprises of an effort to protect the agent form relatively minor errors. He said that he would expect their measurement to accurate which the purchaser can rely upon†. In this aspect of it, Wood Bell Camp has failed for their inaccurate measurement and the purchaser who relied on upon them had made a loss on his purchase. Judge Quirke If the defendant wished to reserve to itself the right to publish within its sales brochure, precise measurements which were in fact grossly inaccurate and, to relieved itself of liability to the category of persons to whom the brochure and its contents were directed, then there was an obligation upon the defendant to draw to the attention of the plaintiff and other prospective purchasers the fact that the seemingly precise measurements published were likely to be wholly unreliable and should not be relied upon in any circumstances. Satisfy themselves as to the correctness of the information given the defendant failed to discharge that obligation. (Walsh v Jones Lasalle ltd) Since woods Bell Camps had also failed to information the purchaser not rely on their measurement, they should also be held liable for the loss of the purchaser according to Judge Quirke in Walsh v Jones Lasalle Ltd case. Vicarious Liability Vicarious liability is a legal principle that transfers liability of an injury to a person who did not cause the injury, but who has specific relationship to a person who acted negligently. The owner of a vehicle is liable for the tort committed by his driver, an employer is held liable for his employees negligent act, while at work under the course of employment (this is during the working hour when an employer assigned an employee to specific task) any tort committed by the employees while doing the task is known as a tort committed during the course of employment. There is a special relationship that exists between the employer and the employee. Therefore Wood Bell Camp should be held liable under vicarious liability act for the tort committed by the Brody Shine, because he was employed by the company, who assigned him to sell the property purchased by Mr Cuddy. Defence consent and contributory negligence Consent refers to the provision of approval or disapproval, regarding a specific issue after much consideration, this is very important because it render contact lawfully. Although Wood Bell Camp was aware that Mr Cuddy has assigned a property surveyor to examined the property, but they were not aware that the surveyor were only relying on their own measurement instead of taking his own personal measurement of the property. Mr Cuddy also contributed to his own loss by failing to ensure that the property surveyor he had assigned to take the measurement of the property and compared it to the one supplied by Wood Bell Camp before purchasing the property. â€Å"the court ruled that the duty of care of which the plaintiff owes was to ensure that the measurement of the property which the defendant published of the sales brochure was is accurate before purchasing the property.† (In the case of Walsh v Jones lasalle ltd) Although David Walsh did not contacted a property surveyor to examine the property before he purchased it, Mr Cuddy did but only failed to ensure that the measurement are accurate this made him contributed to his own loss. If had he done his own measurement and bring it to the awareness of Wood Bell Camp, I am sure the price would have been reduced for him to suit the correct measurement. Another auctioneer would have been assigned by the company to retake the floor measurement and compared it to what Mr Cuddy property surveyor had provided. Bibliography Brian, Doolan (2011) Principle of Irish Law, Dublin, Gill and Macmillian Davenport, Ruth (2008) make that grade fundamentals of Irish law, Dublin, Gill and Macmillian Ursula, Connolly (2009) Round Hall nutshells Tort, Dublin, Thomson Reuters Electronic Source www.bailii.org. www.courtservice.ie [->0] – http://www.wikipedia.com