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 generation’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

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  © 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: †¢ 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  ©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 students’ 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.  ©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 †¢ Understand what is required for fruitful fulfillment of this unit. †¢ Understand that administration has been polished and concentrated all through mankind's history. †¢ Provide instances of the executives and associations. †¢ Start a glossary where you characterize the board ideas. Discover your way around this unit’s Blackboard site. Subject 1(b) Organizations and supervisors †¢ Define an association and recognize its significant parts. †¢ Describe administrative abilities, jobs and capacities at various degrees of overseeing. †¢ Discuss whether the manager’s work is general. †¢ Question and examine how far a chief ought to go to accomplish proficiency and adequacy in the association. Point 2 Management yesterday and today †¢ 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. †¢ 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 †¢ Cite references and set up a Reference List utilizing the APA technique as appeared in the Q Manual. †¢ Recognize a portion of the markers of scholastic composition. †¢ Recognize the components of an article and a report ( please observe Q manual ) †¢ Gain commonality with evaluation measures. †¢ Gain recognition with ‘appropriate’ scholarly sources in the administration train and be inquire about proficient. Point 4 The outer condition †¢ Know the distinction between the organisation’s inward, explicit and general conditions. †¢ Identify every segment in the organisation’s general and explicit conditions. †¢ Explain the connection between an association and its partners †¢ Question and examine how hierarchical partners can profit or lose from globalization. Theme 5 The inside condition †¢ Distinguish between social, national and hierarchical culture †¢ Identify the measurements and wellsprings of hierarchical culture. See how hierarchical culture is supported †¢ Develop a familiarity with the job of the chief in utilizing, impacting and changing hierarchical culture. †¢ Review the estimations of associations known to you ie: otherworldly qualities. Theme 6 Social duty, administrative morals and feasible administration †¢ Distinguish between the old style and financial perspective on social obligation. †¢ Describe ecologically supportable strategic approaches and comprehend why they are significant. †¢ 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 †¢ Question and talk about current social duty and morals issues. Point 7 Decision making and Planning †¢ Identify the means in the sound dynamic process and see how it might be influenced by the administrators limited objectivity and instinct. †¢ Understand the motivation behind arranging and why formal arranging is less significant in today’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. †¢ Question and talk about contemporary issues in arranging Theme 8 Organizing and HRM †¢ Identify why directors may need to arrange. †¢ Compare and complexity unthinking and natural authoritative plans. †¢ Describe contemporary hierarchical structures. †¢ Explain how Human Resource Management (HRM) can improve individual and hierarchical execution. †¢ Review today’s organization

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  â€œany completed or attempted (noncompleted) sexual act, sexual contact with, or exploitation (i.e., noncontact sexual interaction) of a child by a caregiver.”?? 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.

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. What’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.†¦show more content†¦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. â€Å"Police Brutality. â€Å"Encyclopedia of Violence, Peace, Conflict† . Vol.2 (2008:1612–1621) In the â€Å"Encyclopedia of Violence, Peace, and conflict† 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   |  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 â€Å"Black Lives Matter.† 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   |  7 PagesTom had only two choices in which he could stay in jail or run away and die. 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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 â€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

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 1970’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 – passenger capacity) being the first ship. Others launched in 2002 and 2005 where the American Glory (49 – passengers) and the American Sprit (98 – passengers) respectively. In 2007, the company is to launch the American Star. The owner had sold the company in late 1980’s before it went under due to operational inefficiencies. Since it’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 1980’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 company’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 it’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 company’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 Martha’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 COGSA’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, â€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. † 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, â€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 Union†¦ These are laws of political as well as physical gravitation. † 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 ‘sphere of influence’. 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, ‘The Revolt of the Sergeants’ 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, ‘The July 26 Movement’, 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 Batista’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 ‘do something about Castro’, 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 Castro’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 â€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. Cuba’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 70’s and 80’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 70’s and 80’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

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

10 Common Sentence Mistakes in English

10 Common Sentence Mistakes in English Some mistakes are common when writing sentences in English. Each of these 10 common sentence mistakes provides correction information as well as links to more detailed information.   Incomplete Sentence or Sentence Fragment One common mistake many students make is the use of incomplete sentences. Each sentence in English must contain at least a subject and a verb, and should be an independent clause. Examples of incomplete sentences without a subject or a verb might include an instruction or a prepositional phrase. For example: Through the door.In the other room.Over there. These are phrases we may use in spoken English. These phrases shouldnt be used in written English as they are incomplete.   Sentence fragments caused by dependent clauses used without an independent clause are more common. Remember that subordinating conjunctions introduce dependent clauses. In other words, if you use a subordinating clause beginning with a word such as because, though, if, etc. there must be an independent clause to complete the thought. This mistake is often made on tests asking a question with Why. For example: Because Tom is the boss. Since he left work early without permission.   These sentences might answer the question: Why did he lose his job? However, these are sentence fragments. The correct answer would be: He lost his job because Tom is the boss. He lost his job since he left work early without permission. Other examples of incomplete sentences introduced by subordinating clauses include: Even though he needs help. If they study enough. As they had invested in the company. Run-on Sentences Run-on sentences are sentences that: Are not connected by appropriate linking language such as conjunctions.Use too many clauses rather than using periods and linking language such as conjunctive adverbs. The first type leaves out a word - usually a conjunction - that is required to connect a dependent and independent clause. For example: The students did well on the test they didnt study very much. Anna needs a new car she spent the weekend visiting car dealerships. The first sentence should use either a conjunction but, or yet or a subordinating conjunction although, even though, or though to connect the sentence. In the second sentence, the conjunction so or the subordinating conjunction since, as, or because would connect the two clauses. The students did well, yet they didnt study very much. Anna spent the weekend visiting car dealerships since she needs a new car. Another common run on sentence occurs when using too many clauses. This often occurs using the word and. We went to the store and bought some fruit, and we went to the mall to get some clothes, and we had lunch at McDonalds, and we visited some friends.   The continuous chain of clauses using and should be avoided. In general, do not write sentences that contain more than three clauses to ensure that your sentences do not become run-on sentences. Duplicate Subjects Sometimes students use a pronoun as a duplicate subject. Remember that each clause takes only one sentence. If you have mentioned the subject of a sentence by name, there is no need to repeat with a pronoun. Example 1: Tom lives in Los Angeles. NOT Tom, he lives in Los Angeles. Example 2: The  students come from Vietnam. NOT The students they come from Vietnam. Incorrect Tense Tense usage is a common mistake in student writing. Make sure that the tense used corresponds to the situation. In other words, if you are speaking about something that happened in the past do not use include a tense that refers to the present. For example: They fly to visit their parents in Toronto last week. Alex bought a new car and drives it to her home in Los Angeles. Incorrect Verb Form Another common mistake is the use of an incorrect verb form when combining with another verb. Certain verbs in English take the infinitive and others take the gerund (ing form). Its important to learn these verb combinations. Also, when using the verb as a noun, use the gerund form of the verb. He hopes finding a new job. / Correct - He hopes to find a new job. Peter avoided to invest in the project. / Correct - Peter avoided investing in the project. Parallel Verb Form A related issue is the use of parallel verb forms when using a list of verbs. If you are writing in the present continuous tense, use the ing form in your list. If you are using the present perfect, use the past participle, etc. She enjoys watching TV, play tennis, and cook. / Correct - She enjoys watching TV, playing tennis, and cooking. Ive lived in Italy, working in Germany and study in New York. / Correct - Ive lived in Italy, worked in Germany, and studied in New York. Use of Time Clauses Time clauses are introduced by the time words when, before, after and so on. When speaking about the present or future use the present simple tense in time clauses. If using a past tense, we usually use the past simple in a time clause. Well visit you when we will come next week. / Correct - Well visit you when we come next week. She cooked dinner after he was arriving. / Correct - She cooked dinner after he arrived.   Subject-Verb Agreement Another common mistake is to use incorrect subject-verb agreement. The most common of these mistakes is the missing s in the present simple tense. However, there are other types of mistakes. Always look for these mistakes in the helping verb. Tom play guitar in a band. / Correct - Tom plays guitar in a band. They was sleeping when she telephoned. / Correct - They were sleeping when she telephoned.   Pronoun Agreement Pronoun agreement mistakes take place when using a pronoun to replace a proper noun. Often this mistake is a mistake of use of a singular form rather than a plural or vice versa. However, pronoun agreement mistakes can occur in object or possessive pronouns, as well as in subject pronouns. Tom works at a company in Hamburg. She loves his job. / Correct - Tom works at a company in Hamburg. He loves his job. Andrea and Peter studied Russian at school. He thought they were very difficult. Correct - Andrea and Peter studied Russian at school. They thought it was very difficult.   Missing Commas After Linking Language When using an introductory phrase as linking language such as a conjunctive adverb or sequencing word, use a comma after the phrase to continue the sentence. As a result children should start studying math as early as possible.  /  Correct -  As a result, children should start studying math as early as possible.

Hiring and Development Plan essay part 2

Hiring and Development Plan essay part 2 Hiring and Development Plan essay part 2 Hiring and Development Plan essay part 2  Hiring and Development Plan essay part  1Conducting a preliminary interview with candidatesAfter screening the candidates’ resumes and applications, I will conduct a preliminary interview with the candidates for the required job position in order to select and hire a candidate who meets the needs of our company. I know that a preliminary interview can help to identify some misfits that have not been mentioned in the application forms or resumes (Aswathappa, 2005; Byars, 2010).Selection testsSelection tests are used to find out more important information about the candidates for the open position. Those candidates who pass a screening procedure and a preliminary interview should be called for selection tests. As a Human Relations Manager for the company, I will use selection tests to â€Å"determine the applicant’s ability, aptitude and personality† (Aswathappa, 2005, p. 160). There are several types of selection tests , including ability tests, aptitude tests, personality tests, interest tests, graphology tests, polygraph tests and other types of selection tests. I will use personality tests, which help to measure and evaluate the candidate’s motivation to perform his/her duties in a proper way and ability tests, which help to determine the ability of a candidate to perform the required tasks. Some of the issues that will be discussed in the selection tests for the candidates include occupational interests, personality factors, technical and non-technical skills, temperamental adaptability, etc.Creating a Development PlanIt is known that an employee development plan provides the so-called â€Å"roadmap† to improvement of current job performance and increases the chances for career advancement. Employee development plans can be viewed as a combination of the key items the employee should be ready to improve upon, and the items the company is focused upon (Byars, 2010).   Actually, a development plan is focused on the areas, which require improvement in the employees’ performance.As a Human Relations Manager, I am responsible for the development of an effective individual development plan. This plan helps to identify the best candidates for career advancement and enhanced developmental opportunities. I realize that employees are motivated to perform their duties and tasks, providing the highest levels of job performance, if they evaluate the positive recognition coming from their managers and colleagues (Byars, 2010).   I will be focused on development planning to meet the needs of our company and ensure that all employees are adapted to the technician and non-technical needs of the company. I realize that flexibility and integration can help to increase employee productivity, improve the company’s efficiency and develop the company’s knowledge and employee awareness of the total commitment to achieve the established goals (Aswathappa, 2 005; Byars, 2010).  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   An effective employee development plan shows the key processes, procedures and methods of identifying the needs of employees and their skill gaps. A well-developed employee development plan helps to improve job efficiency and effectiveness (Aswathappa, 2005; Byars, 2010).Employee Development PlanThe key development objectivesIn this section, it is very important to formulate the major development objectives through a comprehensive assessment of the key needs and capabilities of the company. It is necessary to assess the current status of the company, e.g. how the company operates on the competitive market, what the company does better than other companies, and asses the abilities of the employee to perform these tasks in a proper way. This analysis can help to identify the criteria against which the effectiveness and efficiency of the employee development program can be evaluated.The basic information about an employee:T he employee nameThe employee positionThe employee departmentThe employee skills’ assessmentThe employee skillsIn this section of the plan, it is very important to identify the employee skills and knowledge, including handling technical challenge skillfully, lack of creativity and originality in presenting new ideas, demonstrating the high degree of intellectual effectiveness, poor ability in solving conflicts, poor communication skills, etc.The employee skills ratingIn this section, it is necessary to determine the employee’s computer skills and people management skills.The employee development aspirationsIn this section, it is necessary to describe the required knowledge and skills, stating in detail what skills the employee should develop. As a Human Relations Manager, I will be focused on communication skills, leadership skills and technical skills.The detailed action planThe detailed development programIn this section of the development plan, it is very important t o determine the appropriate development program aimed at enhancing the employee’s skills and abilities. There are several types of employee development programs, including various training courses, mentoring, etc.As a Human Relations Manager for the company, I will use special development programs aimed at encouraging the employee’s growth and career development; improving the employee’s skills, abilities and knowledge that can be effectively and immediately applied to the required tasks; increasing the employee’s motivation and job satisfaction; creating an effective network of co-employees for problem-solving, decision-making and support;   and promoting   communication practices and planning throughout the company’s department networks.The improvement planIn this section, it is necessary to identify the areas of employee deficiency, as well as the areas of the company’s focus. This improvement plan should become a roadmap for the empl oyee on how the methods used to advance the employee to a better position. It is very important to identify the actions the employee should take to improve, including the training programs provided by the company.The development courseIn this section, it would be better to identify the methods used for the employee development. As a Human Relations Manager, I will use the following training and development methods: on the job methods, simulations, lectures, conferences and seminars, as well as role-playing.Conclusion  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Thus, it is necessary to conclude that Human Relations Managers should be equipped with an effective hiring plan, which can guarantee the higher percentage of selecting and hiring top employees for the required job positions. Employee development plan helps to empower employees to perform their duties in a proper way and take responsibility for their personal and professional growth. An employee development plan can be viewed as an effective document created by Human Relations Managers to outline the employee’s objectives, activities, achievements, resources and targets regarding his/her development at the professional and individual levels. As a Human Relations Manager for the company, I have developed an effective employee development plan to meet the company’s needs and achieve the established goals. I have used various methods to model the behavior of the employee I encouraged. I discussed and created an effective employee development plan, which corresponds to the performance planning cycle adopted by the company. I have endorsed the employee to attend lectures, classes and other activities aimed at supporting the established development goals. In addition, I have discussed the key employee development aspirations that can be used to support the employee’s new ideas and methods. Moreover, I believe that it is necessary to provide a comprehensive behavioral feedback on the employ ee performance and discuss the most appropriate ways to improve and develop employee performance in the nearest future. Thus, the employee development plan discussed in this paper provides massive opportunities for the employees to develop the required skills, abilities and attitudes through effective mentoring, cross-training sessions, training courses, skill assessment programs and other methods and approaches.

Tesco Plc Strategy Analysis Coursework Example | Topics and Well Written Essays - 750 words

Tesco Plc Strategy Analysis - Coursework Example It also operates financial institutions as a joint venture with the royal Bank of Scotland (Data Monitor, 2004). Mullins (2010) says that a marketing strategy primarily focuses on effectively allocating and coordinating marketing resources and activities in order to accomplish firm’s objectives within a specific product market (Mullins & Walker, 2010). The critical issue that concerns the scope of a marketing strategy is specifying the target market(s) for a particular product or product line (Mullins & Walker, 2010). This is followed by the motivation to seek competitive advantage and synergy through a well-integrated program of marketing mix that is custom made to the needs and wants of potential customers in the market segment (Mullins & Walker, 2010). Michael Porter identifies three generic strategies and these include: the cost leadership strategy, the differentiation strategy and the focus strategy (Mullins & Walker, 2010). These strategies are based on strategic scope a nd strategic strength of a firm. The strategic scope is used to mean market penetration while strategic strength is used to mean the firm’s sustainable competitive advantage (Mullins & Walker, 2010). Tesco uses the cost leadership strategy in its operation. With this strategy a company aims at becoming the lowest-cost producer in the industry (Stephane, Girod, & Rugman, 2005). It is a strategy that is often associated with large-scale businesses that offer generally standard products that comprise of little differentiation and are perfectly acceptable to majority of the market customers. This strategy is aimed at gaining market share by cutting costs so that a firm can offer lower prices and in the process gain market share (Stephane, Girod, & Rugman, 2005). High volume is leveraged to create low costs by getting the best prices from suppliers and more efficiently utilizing fixed costs. In order for any company to use this strategy it must be cost conscious in every aspect of the business (Kim, Nam, & Stimpert, 2004). This strategy therefore is characterized by tight budgeting, elimination of waste and thin personnel staffing. Scholars agree that this strategy is often adopted when there are many providers, growth is flat and providers are trying to steal the market share from each other by lowering prices (Kim, Nam, & Stimpert, 2004). Last year in September Tesco began a new strategy where it began to put its focus on permanent low pricing as opposed to its previous specific price promotions. This was as a result of its losing a great percentage of its market share to its competitors such as Sainsbury, Asda and Wal-Mart (Poulter, 2011). Market segmentation refers to the process of dividing the total market for a product or service into groups with similar needs such that each group is likely to respond favorably to a specific marketing strategy (McDonald & Dunbar, 2004). There are many variables to which a market can be segmented and these include the following: behavioral, demographic, psychographic and geographic segmentation. Behavioral segmentation is a strategy based on customers’ needs and subsequent reaction to those needs or towards the purchase of intended product or services (McDonald & Dunbar, 2004). Demographic segmentation considers aspects such as age, gender, education, income, occupation, size of the family etc. psychographic segmentation is all about diving people according to their lifestyles and values and how

Extinction of Banks Assignment Example | Topics and Well Written Essays - 2500 words

Extinction of Banks - Assignment Example Financial innovations and deregulations have enabled the financial markets to achieve perfection with institution that do not adopt deregulatory measures lagging behind in the provision of services to customers1. Financial innovations and deregulation have facilitated contractual agreements with governments seeking to institute reforms adopting relevant measures. Discussion Diminishing roles for banks In the contemporary society, banking institutions are being faced by a likelihood of extinction in case they do not formulate measures of keeping up with the times. The increasingly interconnected world, owing to globalization, is a threat to the banking institutions due to the emergence of mobile financial solutions. Customers are becoming more and more accustomed to faster and time-conscious responses from the companies while banks are lagging behind when it comes to finding means of proactively responding to the needs of their customers2. Lack of relevant targeted offers on the part of the banks is to blame for this development as it is vivid that the banks are not focusing on the needs of their customers. According to Gorton and Rosen (1993, p. 22), banks have plenty of funds to invest but are unable to notice emerging opportunities in the financial world. In the light of this, there is a need for the banks to see themselves as not only playing the traditional role of banking but also providing customer services that go beyond convectional boundaries of their present duties. Banks have for a long time been playing the role of consumer trusted advisors but this trust is slowly fading. In case necessary measures are not instituted to embrace innovation in order to capture newer grounds, the banks will lose out. Brigham and Ehrhardt (2010, p. 565) indicate that in the near future, customers will realize that they do not need banks but they need banking services. This will be a dangerous scenario for banks, as they will be at the verge of becoming extinct just lik e dinosaurs3. In addressing this problem, the banks need to have a new outlook. Investing in innovation will be instrumental in boosting banking operations. Moreover, bankers need to find other avenues of inspiration in order to secure a wide customer base. Although the technology that banks need in order to become responsive to the needs of their customers and in order to open up new streams of revenues already exists, the banks can look up to other avenues. Among these avenues are algorithmic trading, borrowing technology from the telecommunications industries and offering services that are location-based. Consequently, the banks can make use of information about what customers are likely to buy and when to develop new and more targeted products and services4. There is the need by the future banks to embrace technologies from various sectors in order to respond to customers’ actions and turn such scenarios into opportunities for securing more revenue and garnering consumer loyalty. In the near future, consumer will be buying most of their items on their credit card and this will enable them to access promotions and offers from traders in their vicinity. These traders are also banks’ customers who are likely to be bought in by the banks since the providers of their payments become an important avenue of accessing new customers. There is the need to tap into the trends of the consumers, if the banks are keen on

The Influence Of Money In Philippine Elections

The Influence Of Money In Philippine Elections Election campaigns are now on the roll. Politicians are getting busy thinking of many ways to ensure their victory in the coming elections. Different strategies and techniques are being used by these candidates in order to win the votes of the people. Aside from the techniques and strategies, money plays a huge role in every Philippine elections. The ability to win of the candidate lies on how much money he or she is going to spend for this coming election. The aspiring candidates will definitely spend a large amount of money to catch the hearts of the voters even if it means performing an illegal act. A single vote is very precious and essential for the win a candidate. And in order to possess this single sure vote, candidates resort to buying the votes of the people. Vote buying is overt in the Philippines. It is a disease that continuously rots our political and electoral system. It has already become institutionalized in our system and remains constant despite the condemnation of many Filipinos. Before, vote buying is usually the last recourse of a rich but unpopular candidate to hold a position in office. But today, even popular ones are engaging themselves to this kind of activity because popularity per se is not enough to assure the vote of the electorate especially in local politics. Vote buying reflects a powerful image of graft and corruption. It is just the stepping stone for doing a more fraudulent act. The vicious cycle of vote buying and vote selling in the Philippines is becoming more and more alarming. This paper aims to answer the nature of vote buying, strategies of vote buying in the Philippines, the reasons for doing vote buying and vote selling and to trace the history of vote buying in the Philippines. WHAT IS VOTE BUYING? Vote buying, according to Hicken (2006), includes the individual, immediate and private exchange of goods, services or cash for electoral support, usually in violation of legal norms. It simply means giving out or handing out money to leaders and voters. It also means getting the vote of the people to ensure winning. Vote buying is also a form of economic exchange (Schaffer, 2002) because there is money involve. TYPES OF VOTE BUYING Vote buying can be categorized into two types: direct vote buying and indirect vote buying. Both types are widely used in the case of the Philippines although the idea of direct vote buying serves as the more popular act. DIRECT VOTE BUYING It is the most common type of vote buying where direct payments, in many forms, are given to the voter. It may be in the form of cash donations, shares of stock or a promise of a particular plan of action or payment in exchange for a promise of vote (Dekel, E., et. al., 2004). INDIRECT VOTE BUYING It is a kind of vote buying done in a non obvious and straightforward approach. This type of vote buying uses campaign strategies that target the weaknesses of the electorate. Here in the Philippines, the strategy of the candidates is to use and take advantage of the different Filipino traits. Example of these traits are our values of utang na loob, pakikisama, our close family and kinship ties, our religiousness, and other social values like loyalty, support and trust. They effectively use the various traits to influence and temp us to follow their selfish plans. Bava (1998) gave a concrete example on how this character capitalization happens. Different parties and candidates hire poll watchers and workers who are tasked to distribute sample ballots for their party. Each poll watchers and ballot distributors are given 1500 pesos and 500 pesos respectively, per day of work from 7 am to 3 pm. A poll watcher only needs 4 things in order to land the job: 1) a ball pen 2) a tally sheet 3) at least 18 years of age and 4) a registered vote (Bava, 1998). The last requirement is the most important and advantageous in the part of the candidates. If the hired person is a registered voter, the employer will be sure that the employers vote will go to him or her. A person offered with this kind of job will definitely take the opportunity given all the privileges and comfort that it can give. They can earn almost 1500 pesos a day by just distributing pamphlets and sample ballots. Adding to the convenience is the free meals given to them by their employer. A nd if the candidate won in the elections, most of them are given permanent jobs in various government offices. This is where indirect vote buying takes place. This act, according to Bava (1998), displays the Filipino trait of utang na loob. If a person has done something good to us, we would do anything and everything to return that goodness. In this case, the poll watchers and other employees will feel obligated to vote the candidate/employer because of the job that was given to them. FORMS OF VOTE BUYING Money is the common type of material that the candidates use in order to buy votes. But vote buying not only takes the form of money. It can be other forms of material offers. Schedler (2002) and Schaffer (2002) made a list that summarizes the different kinds of offers into three categories. The first and the most common form is payment. A payment is an amount of money paid. Schedler (2002, p.4) described it as a commercial relationship in which partners trade equivalent values. The citizen trades his vote in exchange of money. The act of accepting money denotes that there is an indirect agreement between the giver and the receiver of the payment. The second kind of material offer takes the form of gifts. A gift is something that is given out of free will without paying something in return. In the context of vote buying, accepting a gift does not give you the responsibility and obligation of voting the giver. The last kind is in the form of wage. A wage is an amount of money paid in exchange of services rendered. Like gifts, it does not require any obligation to the candidate. FACTORS AFFECTING VOTE BUYING According to Schaffer (2002), there are three factors that affect the strategies of the candidates and the perception of the voters toward vote buying. These are socioeconomic, institutional and political factors. The first factor both affects the candidates strategies and the voters perception while the last two factors affect mainly the strategies of the candidates. SOCIOECONOMIC FACTORS One of the socioeconomic factors is the social class (Hicken, 2006). The formulation of the different strategies is influenced by social classes existing in society. The candidate must make a strategy that can produce strong and favorable impressions on people from different walks of life. It should cater to the needs of the entire high, middle and low class population. But it is impossible to come up with such strategies given that there is a massive gap and conflicting interests present among these social classes. Different social classes connote different needs and expectations. A strategy that might work to the lower class might be ineffective to the middle and higher class or a strategy that may be good to the higher class might harm those belonging in the lower class. Adding to the problem is the unequal number of population belonging to a certain social class. In the Philippines, the population of the lower class is greater than the population of the middle and higher class co mbined. The solution to these is to focus the strategy to those who constitute the majority. The easiest and most effective strategy to garner votes is to buy the votes of those who are included in this majority (which is the lower class). It will be very effective since those who belong in this class are financially unable who need money to sustain their everyday living. This scenario is very prevalent in the Philippines since many are members of the lower class. Almost all politicians who are running in office are focusing their campaign on the less fortunate because to them, greater number of voters means more number of votes and more number of votes means greater chances of winning. The second socioeconomic factor is education (Hicken, 2006) which affects the voters view about vote buying. For the high and some middle class voters, vote buying is a deviant and somehow an immoral behavior. Those in the higher and middle class are strong attackers of this practice. They are advocates of different anti-vote buying campaigns and they are known for organizing movements that educate the people about this kind of campaign strategies. They have this kind of opinion because education teaches them about these kinds of things. But for some middle class and most in the lower class (who cannot afford to have a higher education), they accepted vote buying because they perceive it as the time when they can receive free money that they can use to buy their necessities. INSTITUTIONAL FACTORS Hicken (2006, p. 48), stated that the rules and institutions under which candidates must operate can influence their incentives to purchase electoral support. Different institutional factors may encourage or discourage the use of vote buying. One institutional factor is the electoral system itself (Hicken, 2006). Under this factor is the district magnitude. It affects the strategy of the candidate because large constituency means larger amount of money needed to buy votes. Large district also has influence on the manner of distribution of the money. The strategy will be more expensive and costly since the distribution of money will take much longer and there should be an increase in the number of employees to properly accomplish the strategy. As a result, candidates will lessen the amount of money to be distributed to the people in order to prioritize other campaign strategies. POLITICAL FACTORS Political factors are different conditions and circumstances in society that affect the creation of various policies political choices. One of the variables under this factor is the election laws, particularly the anti-vote buying laws (Hicken, 2006). The degree of execution of different anti-vote buying laws affect how candidates device their strategy and distribution plans. In the Philippines, vote buying is illegal yet it continues to occur probably because of inefficiency of the laws and the law enforcers and the light punishments that will be given to the law breaker. There is no strict regulation of such laws in our country that is why the practice of vote buying is still a widespread act. More often than not, the law enforcers themselves are the protector of this scheme. BUDGET SOURCES The first thing that comes into our minds when we talk about vote buying is money. Money is the vital element of vote buying. It is the foundation of any vote buying scheme. We usually think that all vote buying funds are coming from the pockets of the candidates since most of them are members of the elite. But I think that the candidates are smart enough not to make use of their own wealth and to think of other alternative ways of budget sources. Some candidates most likely get their vote buying budget from their own political parties. Others accept donations from different business sectors given the condition that if they win the elections, they will repay them by giving them economic benefits and government protection. For example, the candidate accepted the donation from a construction company. If the candidate won the elections and plans to carry out road projects, he or she will be obliged to make the company the contractor of the said projects. Other candidates resort in getting illegal funds. Candidates who seek re-election have the advantage when it comes to money resources because they can easily tap pork barrel and other government funds. Some ask the help of drug syndicates, smugglers, kidnappers, gamblers and robbers to provide them with untraceable funds. It is true because we can observe that many crimes and illegal acts are happening during the election season. In return, the candidates give them financial support and protection. DIFFERENT STRATEGIES OF VOTE BUYING A carefully devised plan of action is needed to successfully carry out acts, especially if it is illegal. Candidates and politicians are wise in strategizing the effective way to buy the votes of the people. Usually, they even hire experts and professionals who are knowledgeable in fields concerning illegal campaign scheming. One specific strategy to ensure that the money given was translated into vote is what Bionat (1998) called Lanzadera system. In this strategy, the watchers give the voters an already completed ballot which will be dropped by the voters in the ballot box. After dropping the already completed ballot, the voter, then, takes with him or her the blank ballot and give it to the watcher. The watcher will complete that ballot and give it to the next paid voter. In this system, the money is given only if the voter returns with a blank ballot. I interviewed people from our barangay in Bulakan, Bulacan about the chronic vote buying in our place. They had first hand experiences on how vote buying takes place in our town. Based from that interview, I was able to learn other strategies and series of actions on how the scheme of vote buying happens. According to them, vote buying is usually conducted a night or two before the election day, usually around eight in the evening until midnight. Each politician has their own leader per community who is responsible for the identification of supporters and potential vote buying targets. They are also responsible in delivering the money to the house of the identified voters, at times in the appearance of paying the watcher. The intense vote buying is very evident and common in our place that the people are the ones coming and lining up in front of the politicians headquarters to ask for the money. Another strategy done by the candidates is getting the trust of barangay officials and other community leaders. In this way, the candidate can almost assume his or her hold in the community. The local leaders, then, are given large amount of money in exchange of buying the votes of their constituencies on behalf of the politician or the candidate. One more strategy that was mentioned by my neighbors is buying non-supporters. Candidates will offer those non-supporters with huge amount money. If they accept it, they will not be allowed to come out of their houses on the day of the election. There will be someone who will serve as a watchman that will ensure that the voter will abide to the agreement. Some politicians, in order to be extra sure, hire a bus that will take all the paid non-supporters to an out-of-town trip on the election day. Another strategy is the taking advantage of the politicians on our deep family and kinship ties. Some politicians use a relative or an influential member of a clan to convince members of the family and close friends to accept the money and to vote for that politician. Vote buying also happens during the election day itself as said by the interviewees. Buying may take the form of 100 pesos attached to the sample ballot. There are also ways in order to ensure that the paid voter will comply with the agreement. Before giving the money, they are required to give proofs that they voted that candidate. Usually, they bring with them a carbon paper or they are asked to take a picture of the ballot with a cell phone camera. Others asked the voters to make an agreed mark (a particular fold for example) on the ballot to serve as identification in the course of the counting of the votes. REASON WHY POLITICIANS BUY VOTES The primary reason why politicians buy votes is the hunger for power. Vote buying is a form of desperation to remain in power. Many politicians fight for the privilege of power because it implies influence and control over other individuals. They see power as the easiest way to achieve fame and fortune. Candidates want to purchase the vote of the people to obtain domination on different public organizations and mechanisms. They are not afraid to spend a big amount of money because once they are elected in office; they can easily recover the money that was used to pay those individuals. REASONS WHY PEOPLE SELL THEIR VOTES According to the April 2007 of the Social Weather Station (SWS), one in two of the registered voters think that there is nothing bad in accepting the money offers from the candidates (refer to Figure 1). Others may not see this from of money-giving as an attempt to buy their votes. They accept the money but it does not necessarily mean that they will vote for that candidate. Another reason is the offer seems as an opportunity to get the money, which was stolen by the politicians, back to the people. They might as well accept the offered money since it came from the taxes of the people. The April 2007 SWS survey also found that those in the rural areas were more probable in accepting money compared to those who live in urban areas (refer to Table 1). This shows that the primary reason for the selling of votes is poverty. Those who live in or below the poverty line mostly are unemployed individuals. They take the money because they needed it. For the poor, payment for a vote can mean a week without hunger. They just accept the offer because for them, dignity and pride cannot create food and money. Some may see elections as the only chance to obtain something from the government. They have this view that it is an obligation of a candidate to give money and other material things to their supporters. There are some reasons that we can consider negative in the part of the voters. People accept payments because they are being threatened. Most of the times, material offers are accompanied with terror, making them very difficult to refuse. Figure 1. In an election, it is not bad to accept money provided one votes according to ones conscience. Source: http://www.sws.org.ph/pr070503.htm Table 1. Rural areas approved accepting money compared to those in the urban areas. Source: http://www.sws.org.ph/pr070503.htm IS REFORM POSSIBLE? For the past few years, many have attempted to stop and eliminate the practice of vote buying in the Philippines. They even formed different organizations that promote the values of an honest election. But none of them actually succeeded. The effectiveness of efforts depends on how organizers or developers predicted the intensity of vote buying strategies as well as the various reasons why people accept the offers. A reform aims to change the behavior of the candidates and the voters. Reforms for givers usually take the form of strengthened laws. Example includes strengthened vote secrecy, tightened campaign finance rules and many others that aim to prevent anyone from buying votes. But these reforms led only to a limited success. Vote buyers, instead of stopping, have adapt themselves to the new environment. To escape punishments, they devised new ways on how to carry out vote buying like increasing the instances of indirect vote buying rather than direct vote buying. It became more uncontrollable even though new laws strained it to become more subtle. On the other hand, reform has always taken the form of voter education. Probably the most successful technique that was done to eradicate vote buying is the campaign against vote buying through different public service posters (see Illustration 1, Illustration 2 and Illustration 3). Successful in the sense that it enables the public to gain information about the wrongness of vote buying. But it did not really help in the removal of this unacceptable practice. None of the attempts to completely stop vote buying became successful. Law enforcers and reformists continue to devise stricter policies and laws against vote buying despite the fact that none of these actually really worked. Instead of wasting the time in just making stricter policies, they should consider focusing their attention on real roots of this act. Government should focus their attention more on improving economic development and education. By doing so, people will not have the reason to accept money in exchange of their votes. At this point in time, I can say that reform is really impossible. Reform will only be possible once our political and economic system become stable. Illustration 2: 3M public service ad, May 2001. blinded by money. Vote with your conscience. Source: Schaffer, 2005 Illustration 1: Namfrel Public Service Ad, May 2001. Your vote is valuable, it doesnt have a price. Your character is priceless. So, in this election, dont sell your character, dont sell you vote. Source: Schaffer, 2005 Illustration 3: Red Horse Beer public service ad, May 2001. A little pocket change wont put you ahead. Dont ask for a bribe. Vote for a good candidate. Source: Schaffer, 2005 HISTORY OF VOTE BUYING IN THE PHILIPPINES Vote buying is not just a recent development in Philippine elections. Its existence started with the coming of foreign colonizers and continued to flourish and evolve with the advancement of new technologies and the development of new ideas. Pre-colonial elections in the Philippines did not have vote buying because the leadership was assumed not through election but through succession. The same thing goes probably with the elections during the early Spanish period (17th to 18th century). I did not find any account stating that there was vote buying but I assume that there was none because there was no elections and the leaders were only appointed by the Spaniards. In the late Spanish period (19th century), Spanish colonial control in the Philippines declined as the Philippine revolution started. The revolution led to the development of a government established by Aguinaldo. Under this government, most officials were selected individuals from the principalia class and elections were only held for higher positions. There was no large scale elections during that time so vote buying was not an option. The coming of the American period started vote buying in the Philippines. The Americans gave all Filipinos the right to rule and the right to vote. Act No. 60, which became the organic law for all municipal governments, started the elite rule in the Philippines (Tangcangco, 1988). The Act provided a requirement that only allowed the elites to vote and participate in elections. The elites became powerful and they may have realized the advantage that the position can give them. They became accustomed to the power that was once denied by the Spaniards. From then on, in order to sustain this power, they did whatever means and costs to be elected in office. Here are some of the documented instances of vote buying from the American period until the present period. In the 1929 Elections (during the American period), money was very essential in the campaign period. Money was used to pay-off rivals to withdraw their candidacy, to buy the votes of the people, to threaten the people, and to bribe campaign leaders of the rival candidate. (Banlaoi Carlos, 1996). In 1940 Local elections (Commonwealth period), Money was again a very important tool. Specific example for this one is the case of Pedro Abad Santos of the Socialist Party. He was predicted as the winner of the gubernatorial race in the province of Pampanga because of his massive popularity to his constituents but his wealthy opponent won the election by almost 7000 votes. There was no evidence of the strategies his opponent had used but the Abad Santos camp was really sure that his opponent used his money to buy the votes of the people. Another example was the electoral protest of Dr. Hilario Moncado against Tomas Cabili. They were fighting for a congressional seat in Lanoa province. Moncado accused Cabili of unlawful campaign by promising free legal services and employment for those who will vote for him. (Banlaoi Carlos, 1996) In the 1949 National Elections (during the post-independence period), all forms of fraud and manipulation were reportedly done by President Elpidio Quirino to ensure his position as president. Quirino and his other candidates used massive and whole-sale vote-buying in forms of money, jobs and pork barrel. It was reported that Quirino had used almost four million pesos during his election campaign. The three provinces where the massive vote buying occurred include Negros Occidental, Nueva Ecija and Lanao. (Banlaoi Carlos, 1996) The 1969 Presidential and Congressional Elections was between The Nacionalista Party and the Liberal Party. This was considered as the bloodiest and dirtiest election (Banlaoi Carlos, 1996, p.111) prior to the Martial law period. Both parties reportedly used different techniques to ensure their victory. These included cheating, ballot stuffing and massive vote buying. It was stated in the reports that the Nacionalista Party and the Liberal Party spent around 700 million pesos and 300 million pesos respectively. That money came from the pork-barrel funds and was used as media fees and in buying votes. (Banlaoi Carlos, 1996). During the Martial law period, all kinds of wholesale fraud were committed including vote buying. In order to capture the loyalty of the rural people, Marcos personally distributed 4000 pesos to every barrio captain during his campaign. The barrio captains were tasked to divide the money among the inhabitants of the barrio. (Abueva, 1970). In the 1992 elections, there was a ban on media advertisements so the candidates had more cash to spend on their campaigns. Feliciano Belmonte, Quezon City congressional candidate at that time, was reported to have given cash and free tickets to Hongkong during his campaign. (Bionat, 1998) The media advertisement was also banned in the 1995 elections. According to Bionat (1998), mayors in Cebu received a bonus of 50,000 to 100,000 pesos for campaigning the 12 senatorial bets of the administration. Like what Marcos did, candidates also bought the votes of the grassroots leader. The difference is that the value of their support was more expensive. Barangay captains accepted a minimum of 500 pesos and a maximum of 20,000 pesos from the candidates. (Bionat, 1998) In the 2004 Presidential elections, Arroyo committed almost all kinds of fraud according to Tuazon (2006). One example is the Oplan Mercury that was exposed by Rudy Galang (one of the brains of this idea). The goals of this plan are to use public funds to the campaign, to provide money to local officials and to buy the support of those in the opposition. (Tuazon, 2006). Elections in the Philippines from pre-colonial era to the present show how we incorporate influences of colonial rule into our political system. The good and bad effects of these interventions became part of the changes in Philippine elections. History tells us that the face of Philippine elections has never really changed. We still continue to perform the practices of the past. The difference now is that it just assumes new shape and form. CONCLUSION In a poor country like ours, it is impossible to have a power because our politicians know our vulnerability to pressure and our hardships in life. Majority of our electorate are poor and have no means of livelihood, no education to back them up and they just resign themselves to taking alms and relief. The poorer the country the more prevalent vote buying is. They take advantage of our weaknesses but we cannot blame those who sell their votes. Filipinos minds are set for any answers that are immediate. That is why even when the act is illegal and unlawful, like selling votes, they instantly resort to it to easily come up with a solution to their problem, like poverty. People are quite fixated on short term solutions instead of long term ones. A 500 peso bill can buy you, lets say, a two days decent meal, but it cannot assure you economic stability in the future. For me, vote buying can be associated with surrendering ones right to vote and selling ones principle. I will definitely not sell my vote. Vote buying is based on morality. Money is good by itself but the act is evil because it violates my freedom, my dignity and my right as an individual. Vote buying is not a native Filipino idea. It was only a reflection of our colonial experience. But this experience manifest in us that it became a constant scenario in elections. History has an indirect effect on the start of vote buying in the Philippines. The desire for self-rule that was forbidden to the Filipinos for almost 300 years was suddenly bestowed to us that it might have created the idea of doing whatever it takes (may it be good or bad) to preserve and uphold this right.