How to write a research paper conclusion
Wednesday, August 26, 2020
In reference to Honey and Mumford's (1986) Learning Styles, crticially Essay
Concerning Honey and Mumford's (1986) Learning Styles, crticially assess how learning styles can impact practice in the criminal equity condition - Essay Example he learning styles is, the characters that are most appropriate by every one of these learning styles and the degree of their relevance in some random field. The principal learning style featured is activism. A lobbyist is a student who secures learning while at work. Activists are happy to wander into any field, and take any movement based preparing that suits their necessities while on this activity. Activism is missing in the UK equity framework, yet just included in the police power for example during new cases. Activism is a hazardous learning framework for a zone as delicate as equity. Be that as it may, it additionally holds a degree of receptiveness which can be accustomed to acquire new points of view to equity cases that may have had an inappropriate decisions prompting the condemning of an inappropriate people. One of the key scrutinizes alloted to the UK equity framework is the error of the key decisions went during condemning (Daily Mail, 2013, on the web). The subsequent learning style is reflection. Reflectors are individuals who gain from their own encounters and the encounters of others. A reflector for the most part needs a guide with the goal for him to adapt successfully. Reflectors are basic masterminds who dissect circumstances from different viewpoints, evaluating the experience from assorted points of view trying to locate a set strategy through which they can get information that will be pivotal when they are dealing with this case once more. This is a key part that should be added to the UK equity framework practice, where mentorship ought to be presented. Mentorship in the UK equity framework can help students create abilities that are for the most part appropriate for students to meet their foreordained degrees of accomplishment and precision. Looking at the past generationââ¬â¢s levels of precision and polished skill one sees that it is so significant to improve the UK current equity framework. The way that its consistence and productivity has essentially dropped throughout the years just demonstrates that there are not very many mentorship
Saturday, August 22, 2020
Monash College Moodle
MCD2040 Managing People and Organizations Equivalent to MU:MGC1010, MGF1010, MGW1010 Unit Outline Prepared by: Department of Management Faculty of Business and Economics Monash University Produced and Published by: Monash College Pty. Ltd. Clayton, Victoria, Australia, 3800 First Published: January 2009 Revised and Printed: February 2013 à © Copyright 2013 NOT FOR RESALE. All materials created for this course of study are ensured by copyright. Monash understudies are allowed to utilize these materials for individual investigation and research just, as allowed under the Copyright Act. Utilization of these materials for some other purposes, including replicating or resale may encroach copyright except if composed authorization has been gotten from the copyright proprietors. Enquiries ought to be made to the distributer. MCD2040 Managing People and Organizations Unit Leader: Campus: Phone: Email: Ann Tahirovski Clayton 9905-8213 Ann. [emailâ protected] mcpl. edu. au Team Leader Phone: Email: Suresh Perera 9903 4365 suresh. [emailâ protected] mcpl. edu. au Contents Introduction Teaching and learning strategy Learning assets Assessments Policies 1 2 11 13 17 Unit Outline | MCD2040 Managing People and Organizations | Introduction This is a center unit in the Diploma of Business and the establishment unit for its majors in Management and Human Resource Management. This unit talks about: the nature of administrative work in associations; hypotheses of the executives and their recorded turn of events; contemporary issues and works on identifying with overseeing individuals and associations; and key factors in the association's condition that sway on how supervisors and associations work. This unit means to build up your insight, getting, aptitudes and capacities in the board studies and give them a sound structure for additional investigations in business and trade. Learning destinations When you have finished this unit, you are relied upon to have the option to: â⬠¢ characterize the board and sum up the development of the executives thoughts on how chiefs may impact, individuals, associations and their settings to accomplish authoritative objectives. This incorporates an attention to the social settings of the first source and the turn of events and contemporary utilization of the board hypothesis and practice. dentify and talk about logical factors in the association's condition that sway on how individuals, administrators and associations interface depict how dynamic, arranging, driving, sorting out and controlling can be overseen in associations inspect the effect on people and associations of contemporary issues in the executives, including partner interests , morals and social duty apply the abilities of scholarly composition, research, addressing and examination expected of the administration discipline. Unit structure This unit covers the accompanying themes: 1. Prologue to Organizations and Managers 2. The executives Yesterday and Today 3. Understanding and doing scholastic research, composing and referencing 4. The outer condition 5. The interior condition 6. Social obligation, administrative morals and feasible administration 7. 8. 9. Dynamic and Planning Organizing and HRM Leadership transport 2040-uo-010612-v1. 0-da 1 à ©Monash College Unit Outline | MCD2040 Managing People and Organizations | 10. Persuading Employees 11. Establishments of Control 12. Survey and test readiness Educating and learning strategy This unit includes one 2 hour address for each week and one 3 hour instructional exercise for every week. Long periods of autonomous examination expected every week: least of 8 hours. This incorporates time spent in planning for and finishing appraisal assignments, and time spent when all is said in done investigation, amendment, and assessment readiness. You are relied upon to go to talks and instructional exercises, get ready for addresses by finishing required readings and get ready for instructional exercises by finishing week after week schoolwork exercises. You are additionally expected to utilize the unit site in Blackboard. This unit receives an instructing and learning approach that is both understudy focused and researchled. An understudy focused methodology places understudies at the focal point of the learning procedure, permitting and preparing you to find out about Management hypothesis and ideas through the learning materials and evaluation undertakings. Research-drove showing supplements this methodology by encouraging studentsââ¬â¢ comprehension and experience of research and its commitment to the information that supports Management hypothesis and ideas. The down to earth ramifications of understudy focused learning and research-drove educating for you is that understudies will be asked and expected to effectively take an interest in their own learning through Blackboard conversations and exercises. You will likewise be allowed the chance to build up your own insight and comprehension of Management by drawing in with ebb and flow Management explore, taking an interest in inquire about exercises and finishing evaluation errands. Dynamic support is a significant piece of learning and a wellspring of constant input that builds comprehension of the point territories. Correspondence and criticism Monash College means to give a learning domain in which understudies get a scope of continuous input. This may appear as gathering input, singular criticism, peer input, self-examination, verbal and composed criticism, conversations (on the web and in class) just as progressively formal criticism identified with task checks and grades. You are urged to draw on an assortment of criticism to improve your learning. à ©Monash College transport 2040-uo-010612-v1. 0-da 2 Unit Outline | MCD2040 Managing People and Organizations | Schedule of unit exercises The accompanying tables detail the learning goals, readings and learning exercises for every point. It is enthusiastically suggested that you utilize these as an examination direct. Learning targets On finish of this unit understudies ought to have the option to: (Hint: Many of these destinations are the premise of end of the year test questions) Subject 1(a) Introduction â⬠¢ Understand what is required for fruitful fulfillment of this unit. â⬠¢ Understand that administration has been polished and concentrated all through mankind's history. â⬠¢ Provide instances of the executives and associations. â⬠¢ Start a glossary where you characterize the board ideas. Discover your way around this unitââ¬â¢s Blackboard site. Subject 1(b) Organizations and supervisors â⬠¢ Define an association and recognize its significant parts. â⬠¢ Describe administrative abilities, jobs and capacities at various degrees of overseeing. â⬠¢ Discuss whether the managerââ¬â¢s work is general. â⬠¢ Question and examine how far a chief ought to go to accomplish proficiency and adequacy in the association. Point 2 Management yesterday and today â⬠¢ Describe the principle hypothetical ways to deal with the executives including the: logical, regulatory, quantitative, social, frameworks and possibility draws near. Comprehend the chronicled and social setting of these hypotheses. â⬠¢ Review the manners by which these hypotheses impact contemporary ways to deal with overseeing current patterns and issues. Subject 3 Understanding and doing scholarly research, composing and referencing â⬠¢ Cite references and set up a Reference List utilizing the APA technique as appeared in the Q Manual. â⬠¢ Recognize a portion of the markers of scholastic composition. â⬠¢ Recognize the components of an article and a report ( please observe Q manual ) â⬠¢ Gain commonality with evaluation measures. â⬠¢ Gain recognition with ââ¬Ëappropriateââ¬â¢ scholarly sources in the administration train and be inquire about proficient. Point 4 The outer condition â⬠¢ Know the distinction between the organisationââ¬â¢s inward, explicit and general conditions. â⬠¢ Identify every segment in the organisationââ¬â¢s general and explicit conditions. â⬠¢ Explain the connection between an association and its partners â⬠¢ Question and examine how hierarchical partners can profit or lose from globalization. Theme 5 The inside condition â⬠¢ Distinguish between social, national and hierarchical culture â⬠¢ Identify the measurements and wellsprings of hierarchical culture. See how hierarchical culture is supported â⬠¢ Develop a familiarity with the job of the chief in utilizing, impacting and changing hierarchical culture. â⬠¢ Review the estimations of associations known to you ie: otherworldly qualities. Theme 6 Social duty, administrative morals and feasible administration â⬠¢ Distinguish between the old style and financial perspective on social obligation. â⬠¢ Describe ecologically supportable strategic approaches and comprehend why they are significant. â⬠¢ Identify how supervisors can improve the moral conduct of workers. Monash College transport 2040-uo-010612-v1. 0-da 3 Unit Outline | MCD2040 Managing People and Organizations | Demonstrate the manners by which supportable and moral strategic approaches sway on the productivity and adequacy of associations â⬠¢ Question and talk about current social duty and morals issues. Point 7 Decision making and Planning â⬠¢ Identify the means in the sound dynamic process and see how it might be influenced by the administrators limited objectivity and instinct. â⬠¢ Understand the motivation behind arranging and why formal arranging is less significant in todayââ¬â¢s associations. Portray the vital arranging process and distinguish factors applicable to an association's inward and outside investigation that may influence this technique definition. â⬠¢ Question and talk about contemporary issues in arranging Theme 8 Organizing and HRM â⬠¢ Identify why directors may need to arrange. â⬠¢ Compare and complexity unthinking and natural authoritative plans. â⬠¢ Describe contemporary hierarchical structures. â⬠¢ Explain how Human Resource Management (HRM) can improve individual and hierarchical execution. â⬠¢ Review todayââ¬â¢s organization
Friday, August 21, 2020
Was I Sexually Abused Overview of Childhood Sexual Abuse
Was I Sexually Abused Overview of Childhood Sexual Abuse Relationships Violence and Abuse Print An Overview of Childhood Sexual Abuse By Elizabeth Hartney, BSc., MSc., MA, PhD Elizabeth Hartney, BSc, MSc, MA, PhD is a psychologist, professor, and Director of the Centre for Health Leadership and Research at Royal Roads University, Canada. Learn about our editorial policy Elizabeth Hartney, BSc., MSc., MA, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on August 05, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on January 20, 2020 Jamie Grill / Getty Images More in Relationships Violence and Abuse Spouses & Partners LGBTQ Childhood sexual abuse is one of the most stigmatized issues in society and is recognized as a violation of basic human rights and a serious public health concern. The Centers for Disease Control and Prevention (CDC) defines child sexual abuse as âany completed or attempted (noncompleted) sexual act, sexual contact with, or exploitation (i.e., noncontact sexual interaction) of a child by a caregiver.â?? The prevalence of childhood sexual abuse can be difficult to accurately measure since it is underreported. Acknowledging a personal history of abuse takes enormous courage. Nonetheless, this first step is necessary in order to begin the journey towards healing. With enough time, the right tools, and proper support, it is possible to move forward in a healthy way beyond the trauma of childhood abuse. Childhood Abuse Statistics The American Psychological Association shares telling statistics on the risk factors for abuse. Although victims are never to blame, some situations are associated with a higher likelihood of abuse, including: Parents or caregivers who witnessed violence as children, or who struggle with substance abuse currently, may end up perpetuating a cycle of abuse.Single-parent homes, or families living in poverty with limited social supports, may be more vulnerable to sexual predators.Infants and toddlers are at higher risk of maltreatment, while children between ages 7 and 13 are at the highest risk of childhood sexual abuse.?? People from all walks of life are potential victims of abuse. Any time a predator sees an open opportunity, there is a risk of abuse. With sexual, verbal, or physical abuse, the perpetrators often exhibit a pattern of behavior called grooming. This is a strategy of mixing positive behaviors with elements of abuse. Grooming intends to desensitize victims to the natural defenses against abusive behavior. Feelings of shame, secrecy, guilt, and confusion associated with abuse can make it difficult for victims to recognize the behavior while its happening. Child Abuse Statistics Effects of Sexual Abuse Mentally blocking out memories of past trauma is a psychological defense known as dissociation. Because they are so emotionally painful, recollections of abuse are often buried deep. Difficulty recalling childhood memories may be an indicator of past exposure to trauma.?? Therapy can help survivors develop a better sense of clarity about the things that happened during childhood. If you suspect something may have happened to you as a child but you arent quite sure, seeking treatment can help you to gain a better understanding. For adults, the consequences of childhood sexual abuse can manifest in various ways. Abuse in childhood is disproportionately linked to future substance use, depression, domestic violence, and suicidal thoughts later in life.?? Sex addiction and sexual anorexia are also more likely in victims of abuse. In some individuals, food addiction and other eating disorders may also be triggered by sexual abuse. Post-traumatic stress disorder (PTSD) is also a common side-effect of childhood sexual abuse.?? PTSD may then lead to family and relationship issues in adulthood. Despite these barriers, there is help available to overcome the many challenges that survivors face. How Childhood Abuse Changes the Brain Getting Help If you struggle with dissociation, addiction, unhealthy sexual habits, PTSD, or complicated food issues, therapy can help you identify the underlying causes, including a possible history of abuse. Talking to your doctor about a treatment plan may include a referral to a mental health specialist. Trauma-focused treatments for childhood sexual abuse may include the use of cognitive-behavioral therapy (CBT).?? To help manage the related consequences, like depression or addiction, medication may also be recommended. The National Sexual Assault Hotline (1-800-656-HOPE), is an anonymous way to start getting help right away. By calling in, you can connect with an experienced therapist and engage in a constructive conversation over the phone. A Word From Verywell With the right tools and support, recovery from childhood trauma is possible. Sexual abuse at any age is a very confusing and isolating experience. Victims of abuse are not responsible for the actions of their abusers. Everyone deserves to live a life of freedom and recovery after a painful past. As an adult, coming to terms with our personal histories can prompt the pursuit of treatment and help us discover a brighter future for ourselves.
Sunday, May 24, 2020
African Americans Suffer the Most From Police Brutality
Encyclopedia of Violence, Peace, Conflict defines police brutality as the use of excessive or unnecessary force by police against the public. Excessive force is explained to be any behavior or force beyond what is reasonably necessary in order to control a situation. It is a common misnomer that people believe some police use excessive force more often than not. Whatââ¬â¢s more concerning is most of the time people believe that this excessive force is usually focused upon the African American men, women, and children. This misnomer is typically found to be found in city settings where the population consists of mostly African Americans. The population make up causes the common belief to seem more true than it may otherwise appear.â⬠¦show more contentâ⬠¦Even if they prove to be wrong after all is finished police in the heat of the moment have the intentions of helping people not killing an innocent person. Based on the information that Fitzgerald portrays in her book it is easy to infer that she believes major improvements have been made on the topic of Police Brutality. Sheila Fitzgerald is a published author and an editor of young adult books. Published credits of Sheila Fitzgerald include Violence and Police Brutality both of which part of the Opposing Viewpoints series. Chevigny, P. ââ¬Å"Police Brutality. ââ¬Å"Encyclopedia of Violence, Peace, Conflictâ⬠. Vol.2 (2008:1612ââ¬â1621) In the ââ¬Å"Encyclopedia of Violence, Peace, and conflictâ⬠the author discusses how many uses of force by the police cannot be labeled police brutality or excessive force. This is because in the line of duty police may need to utilize the use of force out of necessity. The author continues by stating that police officers in society today commonly have to use power against its citizens for reasons in everyday police work or in order to maintain control over certain circumstances. However, the Authors Fyfe and Skolnick state: that they believe police brutality is used as a way of police asserting power in unjust ways due to lack of training, negligence or mistake of circumstances within a certainShow MoreRelatedThe Ethics Of Living Jim Crow865 Words à |à 4 Pagesdraft The Jim Crow Laws, that enforced racist segregation, were abolished 1964. Racism was not. Turn on the news today and you will most likely see something related to some sort of racist act. Police brutality with racism is a huge social injustice issue right now and we can see today how people of color are effected through campaigns such as ââ¬Å"Black Lives Matter.â⬠After reading the two essays and doing a little research on Jim Crow, it was extremely evident how those laws deeply affected thoseRead MoreEffects Of Racial Discrimination In To Kill A Mockingbird1526 Words à |à 7 PagesTom had only two choices in which he could stay in jail or run away and die. 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Furthermore, one must keep in mind that ââ¬Å"police work is dangerous, difficult, and unappreciated, but there is no excuse for the type o f behavior recorded on videotapeâ⬠Read MoreWhy Will No One Help Put Away The Perpetrators?1300 Words à |à 6 Pageswillingness of witnesses to provide police with information remains at an all-time low, and approximately 80% of all cases have no workable leads (Shaper, 2). Which begs the question, ââ¬Å"Why will no one help put away the perpetrators?â⬠Theorists, and especially the police, explain that witnesses of crimes pretend they see nothing because of the culture of ââ¬Å"do not snitchâ⬠(Simon, Exploring). This street rule may appear to explain the dysfunctional relationship between the police and witnesses, but it onlyRead MoreRacial Profiling And The Criminal Justice System1204 Words à |à 5 PagesAbstract Racial profiling is a major issue in American society. Its existence threatens every minority citizen of this country. Racial profiling is not fair and not effective because it relies on stereotypes and encourages discrimination. Examining cases that have occurred in the past and most recently help us fully understand this issue. Many studies and reports of racial profiling involve excessive use of force, police brutality, imposition of death penalty, traffic stops, stop and frisk issuesRead MoreSlavery And The African Americans1071 Words à |à 5 PagesAnother Nameâ⬠I gained new insight into the history of slavery and the struggles that African Americans suffered during that time. I learned that slavery did not end after the 13th Amendment was passed. After the Amendment was passed African Americans were victims of segregation. Whites in the south continued to be in power and still found ways to continue slavery. According to the documentary Many African Americans were being incarcerated for minor offenses, and given fines and court fees that theyRead MoreRacism : The Way We Handle Racism860 Words à |à 4 Pagesour country could be a lot better especially when it comes to police brutality. Racism in general is still very evident in America unfortunately. ââ¬Å"Our society suffers because of racism in many ways. First we limit our knowledge of other cultures. Instead of being ignorant we could actually learn about another culture first hand through someone of that culture. Also we are limiting our life long experiences with people different from ourselves. ââ¬Å"(Indiana Purdue) . Our society is very ethnocentric
Wednesday, May 13, 2020
Analysis Of Rosemary Traore s The Phycology Of Prejudice
In Cultural Connections, An Alternative to Conflict Resolution, by Rosemary Traore, she discusses the conflict within intergroup conflict, where it stems from and how it can be beneficial. Intergroup conflict can occur when a group of individuals from different backgrounds work and live together. These conflicts can be caused by concepts such as prejudice, stereotypes, and discrimination. In order to combat these conflicts, a diverse group of people should be formed with a diverse set of leaders, the group members should be given positive labeling to help encourage positive behavior, and members should have reinforced self-esteem. Programs that will help with conflict are diversity classes, conflict resolution classes, self-esteem counseling, and team building exercises. These programs will reduce conflict and create a more positive and trusting environment among group members. Similar to Marilynn B. Brewer article ââ¬Å"The Phycology of prejudice: In-group Love or Outgroup Hateâ⠬ intergroup discrimination and conflict is stemmed from the environment in which one participates in while growing up and identifying yourself as an adolescent. When groups devised of people from all different backgrounds and experiences come together, there is bound to be conflict from time to time. Is learning to deal with this conflict and the concepts that influence conflict the key to creating a more harmonious environment for everyone in the group? This article by Cynthia Cockburn, War and
Wednesday, May 6, 2020
American-Cuban Relations A critical analysis Free Essays
string(132) " Different personnel have various delegated responsibilities, which help the smooth process of activities during the boarding time\." The American Cruise Line is a United States small ship company. Its operations are around Eastern Seaboard in the US. Its operations commencement is dated back in early 1970ââ¬â¢s. We will write a custom essay sample on American-Cuban Relations: A critical analysis or any similar topic only for you Order Now However, the business stopped sometimes in 1980s due to a decreasing level of customers. Its operations either went in business again in 2000, by launching some three ship fleet with the American Eagle (49 ââ¬â passenger capacity) being the first ship. Others launched in 2002 and 2005 where the American Glory (49 ââ¬â passengers) and the American Sprit (98 ââ¬â passengers) respectively. In 2007, the company is to launch the American Star. The owner had sold the company in late 1980ââ¬â¢s before it went under due to operational inefficiencies. Since itââ¬â¢s rebirth in 2002, the company continues to embrace a big growth, with its operation expanding highly. The same rebirth followed an acquisition by the owner of the then former company which was operational in 1980ââ¬â¢s. The company is a US based small ship company registered in Maine. Its operations are along the US coastal line form the Maine to Florida. Operational profile. The company owns a much larger fleet with a capacity of 220 square fleets. Its cabins are of a larger size than any other small ship company. In its fleet Profile, its currently operates with three cruise ships such as the American Eagle, American Glory and the American Spirit. Its current decision to launch the fourth ship (America Star) within the year is perhaps its greatest achievement. Its ships are profound in three characteristics which make it to adequately compete with its competitors at the market place. They are highly roomy, and of the most modern nature. (http://www. cruisecritic. com/reviews/cruiseline. cfm? CruiseLineID=57) Their ships have adequate privacy due to the large capacity, intimate relations for their relatively small size as well as allowing its passengers to be able to frequently meet within a week. Their dining room are located at the deck which primarily lowest at the stem point, where it has some windows on its three sides it has other two cabin sized lounges, with the tip deck making open cut facility for the remaining part of the ship. The four decks will then be linked together by an elevator. Many of the cabins have balconies which provide an attractive environment for the passengers on the coastal scenery while traveling. Those without balconies will have their windows painted large pictures which are then opened for free circulation of air and also the different sounds emanating form the sea. They also offer cabin facilities for persons who are single or disabled. Generally, the vessels will have identical features in regard to the facilities, decor and also layout. The passengers are free in their choice of cruise in terms of date or even itinerary without been forced to use a cruise without their choice. (Morgan, 2004) The decors are attractive and exciting, with both muted and a range of simple colors. Their close array is like that of a hotels generic lobby. Its main lounge has a specific location. This is underneath their bridges at a directly forward position. It has a set of tail windows in one of the three sides which are used for providing a way of viewing the attractive scenery while passing. However, the stringent maritime laws have worked to lower the companyââ¬â¢s activities. These laws prescribe an attractive package in the certain conditions relating to capacity, modern, operating diameters, and other legal conditions on the cruise business. At one point, we can talk of the advantage into the nature of the business customers. However, the same laws may be argued as stumbling blocks into the cruise business where stringent legacies ought to be followed. Consequently, cruise businesses are required to have a layout of specific modalities in the operational system and the physical nature of their ships. Such conditions have been voted as been highly expensive leading to conditions of high operating costs. The company has the launch of the American Star in progress which is to be later in this year. Either, its development of Pearl Seas Cruises within the course of 2008, will find the company at the most competitive edge in the international waters. This would have the same similarities to the other ship models, though itââ¬â¢s highly sophisticated. With a regard to the environmental laws about water pollution, the company has been in the fore front to ensure Low rates of environmental pollution. The construction system of its ships follows a highly conventional manner in which high standards ships manufactured with lower cases of oil spill-over in the water. Either, it has various facilities for ensuring safe custodies for any emergency cases and accidents that would lead to oil spillages in the water. Above these parameters, its high advocacy to the travelers of frontiers that provides conditions for lower environmental pollution has been ensured by the management. The company has continued to recognize and put in place various campaigns on environmental conservations, and reduction in water pollution. Through such a campaign, it has ensured high operational statuses which provide a hallmark in the conservation of the water environment through reduced pollution. (Sagers, 2006) Organizational structure and current operating environment. The company has provided a layout in terms of its organizations structure. A compliment of various stakeholders to be same structure is therefore available. It has the CEO as the highest rank in the structure. A panel of board of directors also accompanies the same structure. Elsewhere, various managerial staff positions provide management services to the different management offices. The current operating structure may be summarized under the aspect of ship board organizational structure. The shipboard organizational structure is comprised of system of controls into the various activities and operations at the time of boarding a ship. Like any other organizational activity, the ship boarding activity is comprised of various activities that help an adequate environment for the operations. Different personnel have various delegated responsibilities, which help the smooth process of activities during the boarding time. You read "American-Cuban Relations: A critical analysis" in category "Papers" (Hazell, Fitzpatrick, 2006) Various control persons are therefore delegated with various duties. These include; operations control who is capable of the communication process within the shipping process. The engineering control, who provide various engineering services for the shipboard process incase of mechanical breakdowns; the damage controller, who provide repairs and maintenance to any materials breakdown in the shipping process. The shipboard directors(s), who provides a package of directorship in the control layout systems of the ship board process. Above these profiles, the shipboard organizational structure is compounded by other systems of control / control officials. These are medical controls, finance officials, supervisors, safety officers, security control and quality assurance controls. All the controls play their relevant authorities and displiness in correspondence to the requirements of the shipboard process. Summarily therefore, shipboard organizational structure is comprised of a system of control that ensure adequacy in the companyââ¬â¢s organization at the shipboard process. The shipboard operating structure is comprised of a system of control available at the process of its operations. While the ship is on its traveling process, there are various operating controls and processes that accompany it for adequate and safe traveling and services. At one level, the demographic population of the company can be echoed in a close perspective between the ships and the passenger volume they operate in. The demographic structure of the company depicts diversity in its clients in terms of geographical parameters. Clients are from the whole region. Generally, the number of children clients has been voted to be low. However, a higher volume of children is available during the summer within the Maine and the New England. Currently the company has its three ships with the American Star at the verge of been launched within this year. (Talley, 2000) The major nationalities working in the onboard process are Americans. The company has had dominance in the employment of Americans for its onboard activities. This is in attribute and understanding that fellow Americans can provide good customers relation in the onboard process during the ship traveling. However, the onboard process is accompanied by a number of activities on process where different personnel perform different roles. Firstly, the role and position of show excursions controller should not be overlooked. This is the controller person in charge of excursions in every port in which passengers are taken through to know the different environments they are driving in. This is taken as a refresher course to the passengers in the long journey processes. Food and drinking personals (waiter) who are allied to the different schedules of the passenger feeding. With the long journey process, passengers are ideally provided with food, this is taken care of by the food controller. Like the shipboard organization structure, the on process is also accompanied by a system of control which includes quality assurance, finance, medical, security, administration, above others. At the onboard process, the persons are responsible for these controls. At the shore side either, a comprehensive, package of management structure, controls and human resources issues is highly pronounced to provide a higher and better environment of the shipping process. Majority of the characteristics of activities found at the shore side is a combination those at the shipboard organizational and operating structures above those of the onboard structure. A combination of the relevant system of control relating to the various systems of control is therefore attributable to the shore side organizational structure. Marketing positioning The small ship industry in America is highly competitive. The company continue to get a high and stiff competition form its competitors around the world. The success to the company has however been through a package of providing relatively high quality products and services above other strategies which helps it to even pursue well in such a competitive market. It has however a highly developed and established system of itineraries which are found placed in the whole Eastern Seaboard covering the Penobscot Bay at the Maine up to the Florida. (Haigh, Nomikos, Bessler, 2004) The traveling system changes considerably during the various seasons of the year. The cruises allied to England Island have the Block Island as their stopping areas at the summer periods. They can also stop at Nantucket or Marthaââ¬â¢s Vineyard. Trips also change in the course of the year depending on the environmental conditions allied to the navigation process. There is the June offer of itineraries from the Chesapeake Bay which are allied to the Baltimore case. However, these are all short trip cases. The great passageway which is form the Baltimore to the peak of Florida is among its long paths. Elsewhere, the ships will sail via the Antebellum Itineraries, which is form the Jacksonville and the Charleston. This occurs at the periods form November throughout April. The Okeechobee trip is offered as an occasional trip. As the 2008 approaches, other cruises will be introduced by the Pearl Seas Cruises. There destinations are proposed to been Canadian Marmites, St. Lawrence Seaway Caribbean American itineraries and also the Central American itineraries. This 2008 activity plan is a clear indication of the high level of expansion by the company in their itineraries. (Still, 2001) The target market of the company is to include the whole of the US costal line. However, this is only its immediate (short run goals) with the intensity into its expanding phenomena, the company is perhaps to embrace its final attribute of expanding to reach the various water ways and ports in the US coastal strip. Elsewhere, its greatest achievement would be expanding to the broad foreign market. Foreign market is seen as an attribute in which the company will develop in capacity to even reach the global market, through mergers, acquisitions, starting or even through Franchises. Miscellaneous details The American Cruise company has continued to embrace the sovereignty as one the largest small ship company in US. Over the last three years, it has had an average of reported profit amounting to $ 694 per annum. The price of it share in the American stock market has considerable been improving. Since is rebirth in 2002, it has continued to show an increasing level of profit. . References Cruise Review and News (2007) American Cruise Lines. Retrieved on 7th Nov. 2007 from http://www. cruisecritic. com/reviews/cruiseline. cfm? CruiseLineID=57 Haigh, M. S. , Nomikos, N. K. , Bessler, D. A. (2004). Integration and Causality in International Freight Markets: Modeling with Error Correction and Directed Acyclic Graphs. Southern Economic Journal, 71(1), 145+. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5006987575 Hazell, L. C. , Fitzpatrick, S. M. (2006). The Maritime Transport of Prehistoric Megaliths in Micronesia. Archaeology in Oceania, 41(1), 12+. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5015172724 Morgan, C. (2004). The Public Nature of Private Industry in Confederate Georgia. Civil War History, 50(1), 27+. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5006500885 Sagers, C. (2006). The Demise of Regulation in Ocean Shipping: A Study in the Evolution of Competition Policy and the Predictive Power of Microeconomics. Vanderbilt Journal of Transnational Law, 39(3), 779+. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5019554251 Still, C. (2001). Thinking outside the Box: The Application of COGSAââ¬â¢s $500 Per-Package Limitation to Shipping Containers. Houston Journal of International Law, 24(1), 81+. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5000945085 Talley, W. K. (2000). Ocean Container Shipping: Impacts of a Technological Improvement. Journal of Economic Issues, 34(4), 933. Retrieved November 6, 2007, from Questia database: http://www. questia. com/PM. qst? a=od=5001180959 The state of conflict that has come to define the relationship between the United Sates of America and the tiny island nation of Cuba is, unknown to many, as old as the history of Cuba as a nation state. The first signals of conflict came early in the life of Cuba as a Spanish colony when in 1795 Negro slaves and whites came together to revolt against the Spanish overlords. That momentous occasion caused a great disquiet amongst slave owners in the American south, and thus attracted the keen attention of the American establishment, who did not desire such an example to be set too close to home. The first overt reaction of the American rulers at that time was to make overtures to Spain for the purchase of Cuba. In this respect, Thomas Jefferson, the American President, was reported to have said in 1809 that, ââ¬Å"I candidly confess that I have ever looked upon Cuba as the most interesting addition that can be made to our system of States. â⬠Though Spain persistently rejected the American request, the Americans never dropped their desire to annex Cuba by any possible means. This ardent American desire and policy on Cuba was summed up by the then American Secretary of State, John Quincy Adams, ââ¬Å"These islands (Cuba and Puerto Rico) are natural appendages of the North American continent, and one of them (Cuba) almost within sight of our shores, from a multitude of considerations has become an object of transcendent importance to the commercial and political interests of our Unionâ⬠¦ These are laws of political as well as physical gravitation. â⬠It was therefore only a matter of time before the first real conflict over Cuba erupted. When it did, it did so in two fronts, one involved America and Spain while the other involved Cubans themselves, who desired independence from Spain. In 1823, US President Moore declared the Western Hemisphere, including Cuba, as an exclusive sphere of influence of the United States, warning European powers to take heed and steer clear of any interference in the affairs of any nations within the so declared ââ¬Ësphere of influenceââ¬â¢. Subsequently, in 1898, Cuba became a theatre of war between the Americans and Spain, the Spanish American War. This was coincidentally at a period Cuban revolutionaries claimed they were on the threshold of liberating Cuba from Spanish rule. The Americans won in the ensuing war and subsequently took control of the governance of Cuba as protectorate. What was to follow was a despoliation of the Cuban state by successive American appointed administrators, land speculators, profiteers, the Mafia and their local Cuban collaborators. Attendant to these was the economic emasculation of the Cuban nation as American colonists swooped on the island and acquired large swats of fertile farm land, marginalizing the local people, and in so doing sowed the seeds of the many conflicts that were later to help shape American-Cuban relations for almost the past half century. 2. 7. 1. The Actors General Fulgencio Batista Formerly a Sergeant in the Cuban Army, Batista came into limelight when he led a group of sergeants, ââ¬ËThe Revolt of the Sergeantsââ¬â¢ to overthrow a sitting government in 1933. Though he relinquished power shortly afterwards to become the army chief, he made himself the elector of the next president and subsequent five others until 1940 when he contested and won the presidency for himself. Successive American administrations found him a willing ally and were in tacit support of his conducts and rule over Cuba. Under Batista, the Miami mafia mob became the co-rulers of Cuba. Batista was to retire from presidency in 1944 only to make a quick come-back in 1948 when he was elected into the Cuban senate. Later in 1952 he sidestepped the elections and took over power in a coup. With the support of U. S administration of Harry Truman, Batista cancelled the elections all together and became the maximum leader. Fidel Castro was one of the contestants in that botched election. Fidel Alejandro Castro. The son of a wealthy Creole farmer, Castro was educated in Jesuit schools, and finally graduated from the Havana University with a law degree. Disillusioned with the poverty he saw around him and the display of wealth by the American colonists, Fidel joined the political movement with intent to stand for an election into the Cuban congress. When this desire of his was scuttled by the cancellation of the elections and the usurping of power by General Batista in 1952, he took up arms with other rebels, ââ¬ËThe July 26 Movementââ¬â¢, including his brother Raul to wrest power out of Batista forcefully. Their attempt at rebellion in 1953 ended in disaster and the killing of most of the rebels. Fidel, his brother and a few others were arrested, tried and jailed, but later released. Castro was to strike again, and eventually defeated Batistaââ¬â¢s soldiers to take over power in 1959. On assumption of power, Castro took several populist actions, which endeared hum to the down trodden Cuban masses. But his later actions of nationalizing all American run and owned businesses in Cuba, closing down all casinos, whore houses and sending the mafia on the run, as well as his switch to communism earned him powerful enemies in the American establishment. Ever since, American Cuban relations can be effectively summed up in two this short term- mutual hostility. Dwight D. Eisenhower. Two-term president of the U. S, 1953-1961, Eisenhower was in power at the height of the Castro rebellion, which ousted General Batista from power. Eisenhower was the architect of initial American policy response to the Castro challenge. Hostility was the initial and consistent response to the Castro regime. This response was later to be institutionalized, thus setting the mood for subsequent US-Cuban relations. Eisenhower took far-reaching steps to checkmate Castro. Some of these steps were the authorization of the CIA to train Cuban exiles to form a force that could overthrow Castro and install a more acceptable regime in Cuba, cancellation of American orders for Cuban sugar, prohibition of American exports to Cuba, putting pressure on European banks to cancel loans meant for Cuba, blacklisting of naval vessels carrying cargo to or from Cuba, massive propaganda offensive to discredit the Cuban regime, liaisons with and use of mafia links to try to assassinate Castro or destabilize Cuba. J. F. Kennedy. He succeeded Eisenhower as American President, and true to his election campaign pledge to ââ¬Ëdo something about Castroââ¬â¢, Kennedy went a step further by authorizing and sponsoring the failed Bay of Pigs invasion of Cuba in 1961 by Cuban dissidents. This was in addition to other US sponsored covert and overt terrorist attacks against Cuban interests and attempts on Castroââ¬â¢s life. Kennedy followed up late with the termination of diplomatic relation with Cuba in 1961. Some other attempts by Kennedy to deal with Castro included: Operation Mongoose, whose aim was to overthrow Castro through acts of terrorism and subversion; The invoking of US military intervention to ââ¬Å"overthrow the Castro regime; Operation Peter Pan, (1960-62) in which the US colluded with the Catholic Church transport 14,048 unaccompanied children between 6 and 18 years old out of Cuba for the US; Institution of a full trade embargo against Cuba; Punishment and denial of US aid for third countries which allowed assistance or commerce with Cuba; Imposition of travel to Cuba on US citizens; Though President Kennedy was assassinated in circumstances which some speculations have linked to the Castro issue, the US policy direction on Cuba did not change, but had rather intensified with successive US regimes. 2. 7. 2. Issues Basically the Issues at stake in American-Cuban relations could be described as both ideological and territorial. The United States on the one hand had a long standing interest to annex or control Cuba and to have the island nation come under its capitalist mode of operation, whereas Cuba had traditionally resisted any such designs by the Americans and had under Fidel Castro towed the communist line of production and ideology. 2. 7. 3. The Underlying factors Many recent commentators on the unending face-off between Cuba and the United States have wondered why the US has found it difficult to accommodate the Cubans and their communist form of government at a time that they have normalized relations with such other communist regimes as China and Vietnam. `It is quite obvious that such commentators have failed to take into account the full weight of the underlying factors that have helped shape and instruct American policy direction on Cuba. Some of these factors can be discussed below: 1. The ideological war: Capitalism vs Communism. It is an established fact that the United States is as rabidly capitalist as the former Soviet Union was Communist. So when Castro concluded his revolution by tilting towards communism he inadvertently touched America at it sorest point. It was a declaration that an enemy was at its back door. Thus Cuban American relations were ab initio anchored on diametrically opposing posts the moment Castro took over power. 2. Proximity. Cubaââ¬â¢s proximity to the US which put it within the so-called American sphere of influence in the Western Hemisphere precluded that the US must, as a matter of national security, have interest in what happens in its back waters. And what the American administrations loathed most was for Cuba to become an example which other Western hemisphere counties could look up to and copy. 3. Interest groups. Most of the American business interests that were nationalized by Castro are today part of the dominant group ruling the United States, and dictating state policy. They have not forgiven Castro and will never forgive him for disrupting their lucrative business operations in Cuba. The same is true of the mafia elements within the Cuban exile groups. 4. Resistance from ordinary Cubans. Having witnessed firsthand what unbridled capitalism and corrupt did to them the first time they came under U. S rule, ordinary Cubans are loathe to again welcome any American hegemony over them. 2. 7. 4. Scope The scope and ramifications of US-Cuban relations crossed national and continental boundaries in the 70ââ¬â¢s and 80ââ¬â¢s when Cuba embarked on shoring up leftist regimes or groups in South America and Africa. These attempts brought them into direct conflict with the US; with disastrous effects in Nicaragua, Grenada, Angola, Ethiopia and Congo democratic republic. Consequently, local conflicts were internationalized, protracted and resulted in tremendous human tolls. The effect of almost fifty years of American economic embargoes on Cuba has also been horrendous on Cubans. 2. 7. 5. Previous Attempts at Settlements The first known attempt at settling the disputes between the US and Cuba was in 1964 when Cuba offered to desist from exporting revolutionary ideals to South America if the US would halt its hostile actions against Cuba. The US refused, urging Cuba to first stop close relations with the USSR. It was also speculated that Kennedy had intended to engage Castro in negotiations shortly before he was assassinated in 1965. Another secret attempt was made at reconciliation in 1974, but was supposedly cancelled after Cuba got involved in Angola. President Ford at that time linked normalization of relations with Cuba with its voluntary pull out from Angola. It was under Jimmy Carter that the most real attempts at the normalization of relations with Cuba were initiated when he lifted the travel embargo on Cuba. A maritime boundary and fishing accord was signed by both countries during this period, while diplomatic interest sections were opened by both countries in Havana and Washington, respectively. Other bilateral negotiations were started; the American Congress also repealed the provision of the Foreign Assistance Act of 1961 banning aid to countries permitting their vessels to trade with Cuba. The National Security Council also rescinded the ship blacklist. 2. 7. 6. Phases and Intensity The Kennedy era was perhaps marked zenith of American-Cuban hostility. It was then that the botched Pay of Pigs invasion of Cuba was carried out in 1961, same as the Cuban missile crisis, which involved the installation of Soviet nuclear missiles in Cuba in 1962. Though the missile crisis was eventually resolved, when the Soviets willingly dismantled the missiles, the crisis almost precipitated a nuclear war between the US and the Kruschev-led Soviet Union. Several U. S instigated attempts were also made during that same era to assassinate Fidel Castro, but the climax was the assassination of President Kennedy himself. The other high intensity points in American-Cuban relations were in the 70ââ¬â¢s and 80ââ¬â¢s when Cuba actively supported leftist insurrections against American backed dictatorships in Africa and South America. The most notable of these countries where Cuban forces played direct combat role were Angola, Ethiopia, Grenada, El Salvador and Nicaragua. The U. S countered these Cuban moves by pouring in massive support to the opposing groups. However, the relations between the have traditionally been known to experience upward and down swings in response to the parties in power in Washington- much more favorable under the Democrats and less so under the Republicans. 2. 7. 7. Balance of Power In territorial size and resources, Cuba is no match to the United States, but the active support of the Soviet Union at the start of the Castro revolution and until the collapse of the Soviet Union brought a semblance of balance of powers between the two feuding neighbors- U. S and Cuba. However, at the collapse of the Soviet Union, there were expectations that Cuba would falter and collapse, but world public opinion and the support of Canada, the European Union, China and of late Venezuela have helped stabilize Cuba ideologically and materially. 2. 7. 8. Capacity and Resource There is no room for comparison of the resources and capacities of both countries, the U. S is way ahead of Cuba in all respects, but as explained earlier what Cuba has going for it are favorable world opinion and the resilience of its leadership and people. 2. 7. 9. State of the Relationship The support for the continuing US embargo of the island nation have been completely eroded, as many of the nations of Europe, Latin America, Asia and Africa have since normalized relations with Cuba. Even fellow North American countries of Canada and Mexico have consistently opposed US embargoes on Cuba, especially as it affected US subsidiary companies within these two nations. Even many Americans have come to question the wisdom of continuing with the hostilities when it is obvious that Cuba, at present, poses no threat to U. S national security. Visits have been made of late by sitting congressmen and other influential Americans in efforts to settle the disputes between the two neighbors that are so close but yet so far apart. Works Consulted Chadwick Ian. History of Cuban American relations. Retrieved March 30, 2007 from http://www. ianchadwick. com/essays/cubahistory. html Siera J. A. Compilations of History of Cuba. Retrieved March 30, 2007 from http://www. historyofcuba. com/history/batista. htm How to cite American-Cuban Relations: A critical analysis, Papers
Tuesday, May 5, 2020
Samsung Galaxy Note 7 Study On Product Liability And Consumer Rights
Question: Discuss about the Samsung Galaxy Note 7 Study On Product Liability And Consumer Rights. Answer: Liability of manufacturer or distributor to Australian consumers in the tort of negligence A tort is the conduct of a party amounting to a civil wrong in which the aggrieved party can bring a civil action for compensation(Latimer, 2012, p. 223). Negligence is a tort which seeks to protect a person, their property or any other interests from damage arising from the actions or omissions of another; that is lack of reasonable care. The common law principle of negligence as it is known today arises from the case of Donoghue v Stevenson (1932). In this case, the plaintiff had ordered a drink at a restaurant; she found the remains of a decomposing snail in the bottle. As she had already drunk some of the beverage, she fell ill and sought recourse in court. This case illuminates the liability of a manufacturer to their consumer regardless of the lack of direct proximity; the plaintiff could not sue the retailer as it was the manufacturer who owed them a duty of care(Donoghue v Stevenson, 1932). In the determination of liability with regard to the tort of negligence, common law provides certain elements that should be considered. At common law, it is paramount that the consumer establishes that first and foremost they were owed a duty of care by the manufacturer(Gillies, 2004, p. 69). A duty of care is owed where a relationship between the parties is evident; this can be based on the test of proximity and foreseeability. In Caparo Industries v Dickman (1990), Lord Roskill highlighted foreseeability, fairness, voluntary assumption of risk and reasonableness as some of the tests for duty of care. In essence, one owes a duty of care to those who would be closely and directly affected by their actions(Bermingham, 2011, p. 36). Having established the existence of a legal duty, the subsequent element would be identifying a breach of said duty by a manufacturer. At common law, a manufacturer must have their consumers in mind when determining their design, product safety and subsequent distribution; suppliers are also tasked with a duty not to supply defective goods(Loveday, Product Liability, 2016). Where the fail in these obligations then they are said to have breached their duty. The actions of the manufacturer, or their omissions, are pitted against a prescribed standard; that is the standard of care which is the reasonable man test. Deane J stated that measuring the discharge of a duty of care is based on what a reasonable person under similar circumstances would do(Hackshaw v Shaw, 1984). The third element of the tort of negligence is determining whether the plaintiff suffered damage as a result of the breach. This brings about the principle of causation which provides that, but for the defendants act or omission, the plaintiff would not have suffered the injury they did. This causal link is crucial in determining the liability of any manufacturer. Australian courts relied on the common sense test, as illustrated in Medlin v SGIO (1995) to establish causation; first, they determine that the harm caused to the plaintiff resulted from the negligence and then they determine the scope of liability(Loveday Morrison, 2016). The onus is on the plaintiff to prove causation where he or she makes a claim for negligence. The discourse above highlights the common law principles guiding the establishment of liability under the tort of negligence, it is important to note that some of these common law provisions have been codified and modified by statutes such as the Civil Liability Act 2002 as well as the Australian Consumer Law 2010. However, guided by the aforementioned principles, it is evident that Samsung owes its consumers a legal duty of care in that they are directly and foreseeably affected by any acts or omissions with regard to the products it puts on the market. The explosions of the smartphone were linked to a defect in the manufacture and design of the battery. Manufacturers are tasked with the duty to ensure their products are safe as per common law principles. As the battery was unsafe it led to explosions which caused damage to property and personal injuries. As such, the three elements of negligence are evident in this case study; the manufacturers, therefore, are liable in the tort of negligence as per the provisions of common law. Rights of Australian consumers under Part 3-5 of the Australian Consumer Law (ACL) against the manufacturer In addition to the common law principles establishing liability, a manufacturers liability can also be derived from statute. The provisions of the Australian Consumer Law 2010 ensure that manufacturers, suppliers and distributors are all cautious in the production and distribution of their products so as to avoid the risk of liability. Part 3-5 of this law specifically highlights certain rights of consumers with regard to the liability of manufacturers on items with safety issues. In essence, the manufacturer, being the assembler or importer, shall be considered liable under the ACL if; the goods are supplied in the course of trade or commerce, if they have a safety defect and if the damage is suffered either by a person or property(Hughes, 2014, p. 17). According to s 138 of the ACL, a manufacturer would be liable where an individual suffers injury or dies as a result of a safety defect in the goods they have supplied. Additionally, where the safety defect leads to the injury of another person, the destruction of property, land, buildings or fixtures then the consumer could hold the manufacturer liable. In Glendale Chemical Products Pty Ltd v ACCC (1998), the plaintiff experienced burns in his eyes and face after water spurt out of a blocked shower pipe. The court, in this case, found the defendant liable under section 138. In determining liability the court looked into whether the defendant was the manufacturer, whether the goods had a safety defect, if warnings were necessary and adequate and if the relevant scientific and technical knowledge was available to foresee this risk. In determining this, the court was able to establish that the manufacturer owed the plaintiff a duty of case and said duty was breached based on their negl igence. In the case study in question, Samsung Electronics are identified as the manufacturers who, as per the provisions of Part 3-5 of the ACL 2010 are expected to ensure any products they provide in the course of trade are safe. Where safety defects are established and the manufacturers actions in mitigating any risk that would arise leading to a safety defect are insufficient, then the court would find the manufacturer liable for negligence. With this in mind, it is evident that Samsung electronics breached this duty of safety as there methods for detecting the defect were inefficient as such leading to personal injuries and damage to property. Consumers, therefore, can claim a breach of their duty to safe products on the grounds that they products led to injuries of persons and damages to property. Additionally, they can cite that, their safety was not to up to the reasonable standard they expected and should have been accorded. Defences available to the manufacturer or distributor In as much as consumers are entitled to certain duties as illustrated in the discourse above, the law also provides manufacturers with defences where cases of breach of duty are brought before them. Under common law, a manufacturer can rely on certain defences against a claim in negligence; voluntary assumption of risk and contributory negligence among others(Loveday Morrison, 2016). However, ss 142 and 148 of the ACL 2010 highlight specific defences that a manufacturer can rely on where they are faced with a claim of negligence with regard to a safety defect in their products. Their defences include; the fact that the defect arose as a result of compliance with a particular standard, the defect was non-existent during supply, the defect was undiscoverable due to lack of scientific of technical knowledge and finally, the defect was caused by other goods where the manufacturers goods were contained. These defences are specific to the duties raised under the ACL 2010(Hughes, 2014). In Drake v Myler Pty Ltd Anor (2011), the court deliberated the defence of the availability or technical knowledge to discover the defect. In this case, the court appreciated that the available tests at the time had been used and no defect indicated, future developments would lead to the earlier detection of the issue, however as the currently available technical and scientific knowledge could not detect the defect then the defendant could rely on it as a defence. In that regard, the onus is on Samsung Electronics to establish that the available technology at the time of issuing the smartphones was unable to detect any defects in the new battery model. This proof will enable it to reduce liability as it is illustrated that the defect was not born out of negligence on the part of the manufacturer. The limiting role of caps on personal injuries damages on any tort or ACL liability Under tort law, one of the key remedies to any damage is compensation for either monetary or non-monetary loss(Latimer, 2012, p. 271). A monetary or pecuniary loss would be a loss that can be easily valued in monetary terms such as medical expenses. Pain and suffering, loss of limb among others form the non-pecuniary losses. The tort law crisis led to the formulation of civil legislation by way of the Civil Liability Acts 2002 which in turn placed certain restrictions on personal injury claims under consumer law. The reason behind these restrictions was to promote expediency and fairness and also to avoid plaintiffs cherry-picking causes depending on the one with the highest possible reward. Litigation had become excessive and damages offered were not uniform with some being excessive while others too little to compensate the injury suffered. In Australia, the determination of damages is calculated according to the injury suffered or likely to be incurred(Hughes, 2014, p. 27). The ACL under s 87M caps damages for the supply of goods with safety defects at $250,000 on non-economic losses. In New South Wales, s 16 of the Civil Liability Act 2002 sets a statutory limit on damages for non-economic loss; they currently stand at $551,500 from $350,000. As such, a tortfeasor or any manufacturer in breach would only be liable to the extent of the stipulated amount. In addition to the stipulated amount, legislation further sets a limit through an exceptional or extreme case(Lindfield, 2017). The severity of the case is also considered so as to determine whether damages will be awarded. In Hall v State of New South Wales (2014), the court deliberated the issue of proportion of extreme case where the appellant sought to challenge the percentage established by the trial judge in order to increase their recoverable sum in damages. In the determination of the issues arising the court in this case recognised and appreciated that statutory caps expedited proceedings by allowing a quicker end to proceedings which in essence is of benefit to all parties. In conclusion, as per the provisions of the law, the purpose of damage caps on personal injury claims was to establish a uniform compensation system that would be fair and expedite legal proceedings. It was also a way of curbing cherry picking by clients. The recoverable costs for personal injuries, especially non-economic loss injuries which are difficult to value were becoming extremely high and as such unfair to defendants. The existing caps are found in statute and set a maximum recoverable amount which is subject to other conditions; for example, the injury must attain a certain degree of severity. These provisions guide the court in determining the recoverable amount; they also limit the liability of defendants to the set amount. As such, statutory caps, in this case, would limit the liability of Samsung Electronics to first and foremost the portion of severity of the case and secondly the capped amount; they will not be able to go beyond the set amounts and neither is the deli beration at the discretion of the court. References Australian Consumer Law 2010 (Cth). Bermingham, V. (2011). Nutcases: Tort. London: Sweet Maxwell. Caparo Industries v Dickman, 605 (2 A.C. 1990). Civil Liability Act 2002 (NSW). Donoghue v Stevenson, 562 (A.C. 1932). Drake v Mylar Pty Ltd Anor, NSWSC 1578 (December 20, 2011). Exploding Samsung Note 7 ruins Australian hotel room. (2016, September 6). Retrieved from The Australian: https://www.theaustralian.com.au/business/technology/exploding-samsung-note7-ruins-australian-hotel-room/news-story/093d67da670f8c1ed20df88aafbb2f66 Gibson, A., Fraser, D. (2013). Business Law 2014. NSW: Pearson Higher Education AU. Gillies, P. (2004). Business Law (12th ed.). Sydney: The Federation Press. Glendale Chemical Products Pty Ltd v Australian Competition Consumer Commission, FCA 1571 (December 10, 1998). Hackshaw v Shaw, 155 CLR 614 (1984). Hall v State of New South Wale, NSWCA 154 (May 19, 2014). Hughes, A. (2014). Liability. Retrieved from Corrs Chambers Westgarth: https://www.corrs.com.au/assets/thinking/downloads/Product-Liability-First-edition-2014.pdf Latimer, P. (2012). Australian Business Law. Sydney: CCH Australia Ltd. Lindfield, M. (2017). The State of Tort Reform and the Law of Negligence. Retrieved from FindLaw Australia: https://www.findlaw.com.au/articles/1477/the-state-of-tort-reform-and-the-law-of-negligence.aspx Loveday, C. (2016). Product Liability. Retrieved from Clayton Utz: https://www.claytonutz.com/ArticleDocuments/501/16_ProductLiability.pdf.aspx?Embed=Y Loveday, C., Morrison, A. (2016, May 23). Product liability 2016. Retrieved from ICLG: https://iclg.com/practice-areas/product-liability/product-liability-2016/australia#chaptercontent2
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