Donoghue V Stevenson - Free Essay Example

Sample details Pages: 7 Words: 2147 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Duty Essay Did you like this example? The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafÃÆ' © and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. Don’t waste time! Our writers will create an original "Donoghue V Stevenson" essay for you Create order The nauseating sight coupled with the fact that the appellant had drank from it caused her shock and severe gastro-enteritis. She brought an action and the issue before the court was whether the manufacturer of an article of drink sold by him to distributor in the circumstances which prevent the customer/consumer from discovering by inspection any defect was under any legal duty to the customer/consumer. In searching for a principle of law, Lord Atkin used the comparative simplicity rule stating that the court should sought the duty which is common to all the cases where liability was established and base it on logical element common to the cases where it was found to exist[2]. Lord Atkin reinstated the general test for damages for negligence to be that the applicant must show that he had been injured by breach of duty owed by the defendant to take reasonable care to avoid such injury. This duty arises in circumstances where there was proximity and the defendant could reasonabl y foresee that the plaintiff would be affected by his negligence. Lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"foresee-abilityà ¢Ã¢â€š ¬Ã¢â€ž ¢ test was based on the premise that à ¢Ã¢â€š ¬Ã…“people are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am directing my mind to the act or omission which are called in questionà ¢Ã¢â€š ¬Ã‚ [3]. These were the principles that was common to all the cases decided and which Lord Atkins considered. In Le Lievre V. Gould[4] and Heaven V. Pender[5], the courts held that there was a duty to take reasonable care to another even in the absence of contract, where there is proximity to other person or that other personà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods that he ought not to cause injury. This usually occur where A was so close to B or Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods that he ought to take reasonable care not to cause injury to B or Bà ¢Ã¢â€š ¬Ã¢â€ž ¢s goods. These same si mple rules was evinced in the judgment of the court in the case of George V. Skivington[6], where the court held that there was a duty on the manufacturer to exercise reasonable care to the purchasers. It can be deduced that the duty of care exist where there is proximity or where it can be shown that the defendant can reasonable know that the plaintiff would suffer injuries by his failure to take reasonable care. The test laid down in the Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was that a liability in negligence for breach of duty of care would suffice if there was proximity between the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action and the injuries was cause as a result of failure to take reasonable care. In Phelps V. London Borough of Hillingdon; Anderton V. Clwyd County council; Jarvis V. Hampshire County council; Re G (a minor)[7], the first case involved claim for negligence. The claimant who suffered from disability claimed that due to the failure of the defendant to provide adequate tuition and treatment he suffered injuries. In the second and third cases, the claimants who suffered from dyslexia claimed injuries as a result of their local education authoritiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ inability to provide suitable educational provisions. In the fourth claim, the claimant who suffered muscular dystrophy claimed that the defendant failed to provide him with the adequate training facilities to enable him to communicate appropriately with others. The HL held that persons exercising a particular skill may owe a duty of care and the fact that they are employed by the defendants to satisfy statutory obligations does not mean that no duty of care is required in the performance of their duty. Accordingly, à ¢Ã¢â€š ¬Ã…“failures by educational psychologists, failure to diagnose a congenital condition and to take appropriate action was damage for the purpose of the common law and although questions of causation and quantum might be very difficult, there was no reason in pr inciple to rule out such claimsà ¢Ã¢â€š ¬Ã‚ . The decision of the House of Lords in this case reflects the principle of proximity and reasonable care of the case of Donoghue V. Stevenson to award remedy for injuries that arise out of failure to take reasonable care. Also in Large V. Waldron[8], the claimant claimed negligence for reasons of failure of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s general practitioner to properly diagnose him and refer him to hospital when he had developed septicaemia and meningitis as an infant. The court held that the defendant failed in their duty of care and upheld the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. However, in light of recent decisions, the court seems to have departed from this comparative simplicity test that prevails in an action in negligence. In Van Colle V. Chief Constable of Hertfordshire, Smith V. Chief Constable of Essex[9], The case involves two victims (G S). G was murdered days before he testified as a witness in the trial of B. T here had been threats and incidence of witness intimidation before the murder. In S case, he had complained that his former partner (P) had threatened to kill him. The police had sufficient evidence to arrest P but failed to do so. While the matter remained under investigation, P caused severe injuries to the person of S using a claw-hammer. The claim in Gà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was brought under the article 2 of the European Convention on Human Rights 1950. The test that the court had to satisfy is à ¢Ã¢â€š ¬Ã…“that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual from the criminal act of the third partyà ¢Ã¢â€š ¬Ã‚  and they fail to take reasonable measures within their powers to avoid the risk, then their obligation under the convention is breached. The court held that that in this case, from the information available to the police they would not have anticipated that B consti tuted a risk to G. In S case, the action was on the tort of negligence. If one applies the test of Lord Atkin to this fact, the first issue will be to decide whether failure of police to act would amount to breach of duty of care where there is proximity between the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s action and the injuries caused as a result of failure to take reasonable care by acting on the complaint. There is no doubt that failure to act can amount to negligence if the defendant could reasonable foresee that his inaction may cause injuries to the plaintiff or the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s property. However, in this case, the court failed to imply negligence in the police inaction and held that in the absence of special circumstances, the police owed no common law duty to protect individuals against harm caused by criminals. The introduction of a special circumstances clause to avoid liability clearly departs from the comparative test articulated by Lord Atkin in Donoghue V Stevenson. It suggests that the courts are limiting the necessary implication of the Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s test. In Hill V. Chief Constable of West Yorkshire[10], the case involved the murder of the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter within the area where the defendant was the chief constable. The murderer was convicted murder. The said murderer had attacked and murdered series of other females in the area in the previous years under the same circumstances. The plaintiff claimed on behalf of his deceased daughter estate remedies against the defendant in conduct of investigations into crime and for failure to apprehend the murderer and thus prevent the murder of his daughter. The court dismissed the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim and appeal for not disclosing any cause of action. The court held that à ¢Ã¢â€š ¬Ã…“there was no general duty of care owed by them (police) to identify or apprehend an unknown criminal, nor did they owe a duty of care to individual memb ers of the public who might suffer injury through the criminals activities save where their failure to apprehend him had created an exceptional added riskà ¢Ã¢â€š ¬Ã‚ . Notwithstanding, the court acknowledged that although it was reasonably foreseen that the said murderer was likely to attack female member of the public if not arrested but this does not in itself make the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter at risk more than other members of the public. The exceptional circumstances in this case would occur where proximity of relationship between the police and the victim was greater than would with the general risk to members of public. These cases however clearly depart from the contemplation of the principles that is settled in the case of Donoghue V. Stevenson. The courts had introduced further element that relieves defendants from liability where foreseeable injuries occur as a result failure to take reasonable care. The court in the case of Wombwell V. Grimsby Fish Dock Enterprises[11], the appellant in this case claimed personal injury against the respondent for injuries caused on the respondents premises. The respondent had kept on its quayside cylinders containing gas under pressure for about 2 years. The appellant had entered on the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s premises to fit his boat for sea and had been injured by the cylinders when it discharged. The court held that the respondent did not owe any duty because the appellant use of the premises was not for the purpose he was allowed on it. The court in this case failed to follow the comparative element that the duty to take reasonable care is owed to all those that may reasonably be foreseeable to use the premises of the respondent. This duty is owed to anyone who is foreseeable to use the premises. The rule in Donoghue V. Stevenson is to award damages for injuries where the defendant and the claimant are in a position of proximity and the claimant suffers injuries because of th e failure of the defendant to take reasonable care so as not to cause injuries to the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s person or goods. In this case failure of the defendant to remove the cylinder containing gas which it stored for years and the fact that the defendant could reasonably foresee that it may discharge and cause harm renders the court decision to depart from the comparative of Donoghue V. Stevenson. In Blake V. Galloway[12], the parties were engaged in high spirited horse game. The claimant threw at the defendant a piece of chipping bark which struck the defendant on his back. The defendant thereafter threw the chipping back towards the claimant and struck him just by the eyes causing substantial injuries. The claimant brought an action for battery and/or negligence. The court held that the defendant will be in breach of duty of care if his conduct amounts to recklessness or a very high degree of carelessness. The courts decision seems to depart from the obvious princi ple for which negligence was based. The underlying element in negligence cases was to award damages for injuries that were caused as a result of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s act where: The defendant and the claimant are in proximity. In this case, there is no doubt that the claimant and the defendant fall within this range of proximity. The defendant owed a reasonable care towards the claimant not to cause injury to his person by ensuring that it conducted in a safe manner towards the claimant. In this case, these elements are present however, the court failed to apply the comparative test to the fact. It is therefore my conclusion that in light of recent decisions in cases involving duty of care, the courts have failed to apply the comparative simplicity test of Lord Atkin to cases where injuries was caused to a claimant because of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to take reasonable care where he could reasonably foresee that his failure to take sure care will cause injuries to the claimant. Notwithstanding that the comparative simplicity aided in ensuring certainty, it seems overdue. However, changes in the test may affect the certainty of decisions in duty of care cases. Bibliography Blake V. Galloway (2004) 3 ALL ER 315 Donoghue V. Stevenson (1932) AC 562 page 580 George V. Skivington L.R. 5 Ex 1 Heaven V. Pender 11 QBD 503 Hill V. Chief Constable of West Yorkshire (1989) AC 53 HL Large V. Waldron (2008) EWHC 1937 (QB) Le Lievre V. G ould (1893) 1QB 491 Phelps V. London Borough of Hillingdon; Anderton V. Clwyd County council; Jarvis V. Hampshire County council; Re G (a minor) (2004) 4 ALL ER 504 Van Colle V. Chief Constable of Hertfordshire, Smith V. Chief Constable of Essex (2008) UKHL 50 Wombwell V. Grimsby Fish Dock Enterprises (2008) EWCA Civ 831 European Convention on Human Rights 1950 Footnotes [1] (1932) AC 562 page 580 [2] Donoghue V. Stevenson (1932) AC 562 page 580 [3] Ibid at page 580 [4] (1893) 1QB 491, 497 [5] 11 QBD 503 [6] L.R. 5 Ex 1 [7] (2004) 4 ALL ER 504 [8] (2008) EWHC 1937 (QB) [9] (2008) UKHL 50 [10] (1989) AC 53 HL [11] (2008) EWCA Civ 831 [12] (2004) 3 ALL ER 315

South African Financial Industry Free Essays

Non-traditional participants continue to aggressively explore revenue opportunities offered by the South African banking industry. The increased market threats, highly competitive and continually changing environment has led to Strategy (2017) to refer to it as â€Å"a market place with no boundaries†. Figure 1 below, shows how the South African financial industry has progressed into the current state from just over a decade ago. We will write a custom essay sample on South African Financial Industry or any similar topic only for you Order Now The environment is characterised by intense competition, globalisation, heightened customer mobility and demand and deregulation (Bedeley, 2014; The Banking Association South Africa, 2014). Advancements of digital solutions has been the key enabler for the non-traditional participants to re-shape their value proposition and endeavour into the banking market. This has resulted in empowered global customers (Somal, 2017). To combat the increasing threats and outperform the new entrants, traditional banks continue to seek out digital transformational strategies (Bedeley, 2014; Somal, 2017; Strategy, 2017). To South African traditional banks, the more threatening challenge is customer retention over attraction (Bedeley, 2014). They acquire vast customer data from the large market share evident in the second paragraph. This data continues to emerge at an alarming rate, due to increased market shared, increased customer base and innovation (Bedeley, 2014). The South African Banks have the opportunity to develop more customer centric strategies to respond to the wealth of data at hand. The key lies with translating this customer data into insight to enhance relationships with existing customers. Referred to, in the modern age, as data analysis. Data collection and analysis need to be a crucial part of business strategy (Somal, 2017). Data analysis depicts what has changed, and how to respond to it (McKinseyCompany, 2018; SAS, 2018). This implies the data capture, storage, processing and analysing strategies must make full use of the technologies available to take up the challenges born from the data surge (Bedeley, 2014). Harvesting data and looking for patterns and anomalies to provide insight lead to better business decision making and outcomes. This is not limited to, but includes, reduces operational costs, business risk analysis, reduced business uncertainty, consumer behavioural predictions, and guide smarter strategies to optimise current offerings or develop new ones (Bedeley, 2014; EY,2017; Stringfellow, 2014). Collecting and analysing customer data is not a new trend, the challenge is storing vast amounts of data, but, new technologies have relieved that liability (Forrester, 2018; TDWI, 2011). Organisations that adopt data analysis surpass their competition by 5% in productivity, and 6% in profitability (EY, 2017; Stringfellow, 2014). According to EY (2017), by 2020, each human being will generate 1.7 megabytes of new information per second. And, in the past two years, human beings have generated more information in the history of humankind. Effective internal and external knowledge management grants organisations the agility to detect opportunities and threats (e.g., reacting to new products or services of competitors); grasping possible opportunities (e.g., expanding into new markets), and staying afloat in a market whilst possessing competitive advantage (e.g., digital strategies to deliver efficient products or services) (Cà ´rte-Real, Oliveira Ruivo, 2017; Bedeley, 2014; EY, 2017; McKinseyCompany, 2018). Understanding the South African Market This section aims to put into perspective the current market that South African banks serve. In 2017, 80.1% of South Africans lived in formal dwellings, 16.5% in informal dwellings, and 5.5% in traditional dwellings (StatsSA, 2017). According to a report by Standard Bank (as cited by BusinessTech, 2014), the poorest of the households in South Africa account for 62.3%, with members who earn a combined income of R7, 167 per month. Middle class households, earning from R86, 001 to R1.48 million per annum, account for 26.4%. Affluent households account for 0.4%, with an income of more than R2.36 million per year. The bank notes, only 5.5% of households possibly have the capability to save each month; Furthermore, the affluent households have a 65% saving capability each month of their income after-tax. The poor households contribute 11.2% to the country’s income, the middle class contribute a total of 64.6%, whilst the affluent contributes 22.6%. This report highlights the severity of inequality in South Africa, whilst on the flip side highlights growth in the middle class (BusinessTech, 2016). Businesslive (2017) states, in the fourth quarter of 2016, there were 24.31-million credit consumers in South Africa, which is 8 million more than the employed South African population; Moreover, two out of every five credit-active consumers have an impaired record, which is 40% of the 24.31-million credit-active consumers; However, other debt including loan sharks debt were not included. In 2015, the World Bank report, declared South Africans as the world’s largest debtors (Businesslive, 2017).? Costumer Satisfaction Index for the South African Banking Industry In the fourth quarter of 2017, Consulta released a Customer Satisfaction Index (SAcsi) for the South African banking industry. This satisfaction index is based on brands exceeding or falling short of customer expectations, and the respondents’ idea of the ideal product to achieve an overall result out of 100 (Consulta, 2017). The report reveals the degree of satisfaction of South Africans with their banks. Survey participants included 13,099 bank customers across various segments selected at randomly (Consulta, 2017). The table below shows the year-on-year SAcsi scores for the South African traditional banks from the year 2017 till 2017. Absa shows a decline in the past three years, dropping from 74.8 in 2014 to 73.3 in 2017, resulting in obtaining the bottom position among the banks included in the benchmark. Standard bank previously held the last position, but, made a recovery with a substantial 3.3% increase in 2017 from the previous year. Nedbank suffered a 0.9% in 2017 from the previous year, 2016 77%, obtaining a 76.3% moving it to below the industry average of 77%. FNB obtained a 0.4% decrease in 2017 from the previous year, 2016 81.3%, but remains above the industry average. Capitec customers have remained the most satisfied for past five consecutive years. The 2017 Capitec score was 85.3%, 8.3% above the overall industry average. Gap Withing the South African Banking Industry Regarding Data Analysis Banks are only using a portion of the customer data that is available to them to generate insight to optimise current offerings. The reasons for the low insight is silos and organisational structures, skills and talent gaps, data privacy, regulatory and legal framework or ethical issues and high costs associated to data analysis strategies (Somal, 2017). This prevents them from responding to changing customer needs; hence, leads to missed revenue opportunities. By prioritising data analysis to a key component to daily decision making, South African Banks can be equipped to integrate data from the different sources and develop solutions to better serve their customers, which will deliver noteworthy benefits (Strategy;, 2017). The outcome of this section suggests that with data analysis South African banks can provide business value by facilitating the acquisition of supply chain and marketing knowledge (Cà ´rte-Real et al., 2017). That translate to the right person offered the right product on the right device at the right time (Bedeley, 2014). Since banks have so much data available with the necessary analysing tools, they have a 50% chance of retaining a customer that is about to leave (Somal, 2017). Section three forms the fundamentals of the investigation of this paper. The section begins with the use of insight harnessed from customer data analysis to enhance customer experience by reviewing closely related literature; and then grants much needed detail on the data required for this resolution; how it will be collected from diverse sources to build better models and gain more actionable insights; improved to generate the right results and avoid making incorrect conclusions; and analysed for better decision making. The section concludes by presenting some key challenges and benefits of data analysis. How to cite South African Financial Industry, Papers

Power Issues And Case Analysis Imbalances Social Work Essay Essay Example

Power Issues And Case Analysis Imbalances Social Work Essay Essay This assignment will discourse the instance analyze given whilst foremost looking at the issues of power every bit good as the hazard discourse and how this can be dominant within societal work pattern. Further to this a undertaking centred attack will be explained and how it could be used when nearing this instance survey. Finally the strengths position will be explored and how this could consequence alteration, and convey approximately societal justness rules. Thompson ( 2000 ) discusses that power can be a complex issue that operates on different degrees. He farther discusses that many service users who come into contact with societal services are by and large in a comparatively low place of power, and that this could be due to, for illustration ; societal divisions such as, category, race, ethnicity, gender, or faith. When looking at issues of power, it could be said that Ms. Evans who defines herself as Asian is being oppressed by many power derived functions that would necessitate to be considered. For illustration ; Ms. Evans is presently populating in naval married quarters and feels she has non been accepted into the community. It could be argued that she is populating in a preponderantly male domineered, white environment. Thompson ( 2000:56 ) high spots patriarchal political orientation and how male laterality serves to keep bing power dealingss between work forces and adult females , he besides highlights how we should resist the force per unit area to do people conform to white malestream norms ( Thompson 2000:141 ) . We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Power Issues And Case Analysis Imbalances Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Healey ( 2005 ) discusses anti-oppressive pattern and how this looks at the personal, cultural and structural objects that can determine the jobs that service user s experience. Healey ( 2005 ) further discusses that through anti-oppressive pattern societal workers aim to advance service user authorization by promoting them to speak about and portion their feelings of impotence, to assist them understand how cultural and structural unfairnesss can determine their experiences of subjugation. Therefore when working with Ms. Evans and her household I would necessitate to integrate anti-oppressive pattern in order to authorise, and enable her to portion with me her feelings and experiences of impotence in order to derive a better apprehension of the households state of affairs. However Thompson ( 2000 ) high spots, societal work intercession involves the exercising of power, which if used negatively can reenforce the disadvantages that service users experience. Used positively nevertheless power can assist to heighten the working relationship, the results, and authorise the service user, as Healey ( 2000:202 ) writes postructuralists see power as an ever-present and productive characteristic of societal dealingss , and Foucault cited by Healey ( 2000 ) highlights the demand for us to recognize the productiveness of power, and argues that by concentrating on power as merely being oppressive ignores the positive dimensions of power. Ms. Evans has been referred to societal services via the Health Visitor ; this could be doing her feel disempowered and nervous about the Forth coming intercession of societal services. Therefore when working with Ms. Evans and her household I would hold to recognize the power instabilities between us, ( Thompson 2000 ) . I would necessitate to be sensitive to the issues of power and instabilities by being clear with Ms. Evans on my function and intent, explicating professional boundaries and duties ( Trevithick 2005 ) . I would besides necessitate to see my usage of linguistic communication and how every bit Dalrymple ( 1995 ) cited by Healey ( 2000:184 ) explains the manner in which linguistic communication can reflect power derived functions and have an impact on the people with whom we are working . Equally good as recognizing power issues and instabilities, as the societal worker cubic decimeter would besides necessitate to set about a hazard appraisal. As Thompson ( 2000 ) high spots, to measure the grade and nature of any hazard to which Ms. Evans and her household could be exposed to. Measuring exposure to hazards or a individual, who is vulnerable to it is cardinal to assessment within societal work pattern ( Davies 2005 ) . Stated in the Codes of Practice, as a societal attention worker, you must esteem the rights of service users while seeking to guarantee that their behavior does non harm themselves or other people ( GSCC 2007:4 ) . This includes following hazard appraisal policies and processs to measure whether the behavior of service users presents a hazard of injury to themselves or others ( GSCC 2007: 4.2 ) . Therefore when working with Ms. Evans and her household I would necessitate to be cognizant of my organizational and statutory responsibilities as there are significant policies, counsel, and models to inform my pattern on hazard appraisal. When working with kids and households as Brayne ( 2005 ) high spots, I would necessitate to be cognizant of the jurisprudence, which under the Children Act 1989 provinces ; my primary duty would be when working with Ms. Evans and her household to that of the kid, or kids. Ms. Evans has stated that on occasions she and her household have experienced verbal maltreatment, which would necessitate to be investigated farther to make up ones mind on any hazards this may present to the household. However she has been described by the Health Visitor as enduring from station natal depression, and finds it hard to care for her kids, aged seven, five, and a 10 hebdomad old babe who has spinal bifida. Therefore it could be said that my primary statutory concern would be, to what extent is her station natal depression set uping the attention and public assistance of her kids, and does this present any hazards that need to be identified. Risk appraisal and the direction of hazard have become dominant in all countries of societal work. Kemshall ( 1997:123 ) cited by Davies ( 1997:123 ) high spots that within societal work hazard appraisal and hazard direction have become cardinal issues and are frequently cardinal in the determinations, to allocate resources, to step in in the lives and picks of others or to restrict the autonomies of activities of clients . Risk appraisal has become a dominant discourse within societal work because societal workers are employed within a hazard society, which searches for ways to place and pull off hazard efficaciously . ( Higham 2005:182 ) However every bit stated in the codifications of pattern, societal workers should besides recognise that service users have the right to take hazards, and assist them to place and pull off possible and existent hazards to themselves and others ( GSCC 2007: 4.1 ) . Higham ( 2006:182 ) discusses how service user s strengths that are likely to decrease the predicted hazards should be assessed in maintaining with the societal work value of authorization. Pritchard ( 1996 ) cited by Davies ( 1997:124 ) discusses how service users should non be denied the chances to take hazards or exercising pick, and provinces that, risk-taking is an of import characteristic of all our lives ( Davies 1997:124 ) . However, as Thompson ( 2000 ) explains, the balance between attention and control within societal work can be hard to keep. By nearing this instance with a undertaking centred attack would as Healey ( 2005 ) explains, average focusing on enabling Ms. Evans to do little and meaningful alterations in her life, that she has recognised, acknowledged and wanted to work on. Coulshed ( 1998 ) high spots that within this attack the service user is the chief alteration agent, assisting the worker to measure what the precedences for alteration ought to be. She farther explains that because the worker is every bit accountable as the service user in transporting out agreed undertakings this lessens the sense of impotence that the service user possibly feeling. A undertaking centred attack works on a specific set of processs whereby the service user is helped to transport out problem-alleviating undertakings ( Coulshed 1998 ) . Healey ( 2005 ) explains that it consists of the pre-intervention phase, followed by four consecutive but overlapping stairss. Therefore foremost I would necessitate to understand and set up the beginning of referral ( the Health Visitor ) and negotiate with them any outlooks and positions. However as Healey ( 2005 ) provinces, by understanding the positions of the mentioning bureau does non intend that this has to be the focal point of work, as I would necessitate to work with Ms. Evans on specifying the mark jobs. Common lucidity between Ms. Evans and me would necessitate to be addressed, discoursing any bounds or boundaries, explicating confidentiality, my function, every bit good as any legal or other duties. Working in coaction with Ms. Evans I would seek to research and prioritize Ms. Evans positions of her jobs, as the service user engagement in placing the mark jobs are critical to concentrating their attempts on alteration ( Healey 2005:119 ) . Epstein and Brown ( 2002 ) cited by Healey ( 2005 ) suggest a upper limit of three mark jobs, as it is non necessary to turn to all jobs identified. Success in a few can hold a knock-on consequence for other jobs in a service user s life that may enable them to populate with these jobs or to cover with them ( Healey 2005:113 ) . However as Healey ( 2005 ) writes, although within a undertaking centred approach the service user s definitions of their jobs should predominate, in fortunes where the worker is duty edge to take a firm stand on sing certain jobs, or a opinion has been made of a possible hazard that the service user may present to themselves or others, than these issues should be clearly raised. An expressed understanding ( contract ) would necessitate to be reciprocally clarified. This would include times, location of meetings, and elaborate information on the ends of intercession, whereby the service user should be responsible for make up ones minding the order in which jobs should be addressed ( Healey 2005 ) . It should besides include any ends the societal worker has on behalf of their bureau or statutory responsibilities. For illustration when working with Ms. Evans, ends for intercession might include her wellness position to be investigated in relation to her station natal depression. Equally good as this a statement of undertakings would be listed to turn to mark jobs and to develop the service user s problem-solving accomplishments ( Healey 2005 ) . This is the cardinal purpose of undertaking centred pattern, hence we must defy any enticement to make for , instead than make with the service user ( Healey 2005:122 ) . An illustration of one undertaking could be ; Ms. Evans to derive more information on spinal bifida and so frontward this to her spouse, as she feels that he has non accepted their girl s status, and this could be a fright of the unknown. In back uping Ms. Evans in her undertaking public presentation I would promote, and assist construct on her strengths possibly through practising set undertakings with her in the signifier of function drama ( Healey 2005 ) . This would enable for any schemes necessary to be put into topographic point to assist Ms. Evans overcome any obstructions that she may experience could impede the completion of a certain undertaking. Undertaking centred pattern is a systematic procedure, hence throughout my work with Ms. Evans I would necessitate to regularly reappraisal performed undertakings in order to admit any addition made, every bit good as reference any undertakings that have non been performed. This would give me the chance to turn to any issues with Ms. Evans and to research ways if deemed necessary to revise our contract. Finally built-in to the undertaking centred construction is the demand for a well planned expiration. Healey ( 2005:124 ) writes that a clear and looming deadline is critical for concentrating worker and service user attempts on alteration . Within the expiration meeting I would reexamine with Ms, Evans the overall advancement of our work, and how in the hereafter she might keep any advancement that has been made ( Healey 2005 ) . Healey ( 2005 ) explains that a undertaking centred model provides a shell in which other theoretical positions can be incorporated. Integrating a strengths position would, like undertaking centred pattern focal point on, constructing a service user s capacity to assist themselves and to promote a common acquisition partnership between workers and service user s , ( Healey 2005:158 ) maintaining within the societal work values of authorization, regard and service user self-government. Harmonizing to Healey ( 2005 ) the strengths position dressed ores on enabling service users and communities to work towards their hereafter hopes and dreams, instead than looking at past or present jobs. Saleeby ( 1997:4 ) cited by Healey ( 2005:152 ) provinces that the strengths perspective expression is straightforward, where workers are required to mobilise service users strengths in order to enable them to accomplish their ends and aims, which would take to the service user holding a better quality of life on their footings ( Healey 2005:152 ) . Some of the cardinal premises of the strengths position are, all people have strengths, capacities and resources , and people by and large demonstrate resiliency, instead than pathology when confronting inauspicious life events. ( Healey 2005:157 ) . Healey ( 2005 ) discusses the pattern rules and how the societal worker should follow a positive and optimistic attitude towards service users, working in partnership with them so solutions to jobs are developed collaboratively. Healey ( 2005:162 ) farther states that the formation of a good working partnership can increase the resources available to work out the job at manus . Therefore when working with Ms. Evans I would concentrate on listening to her narrative, placing her capacities, strengths, and resourcefulness which could lend to positive alterations. I would clear up any strengths with her as Healey ( 2005:162 ) explains, service users can grow when others peculiarly helpers actively affirm and back up their capacity to make so . My function as the societal worker would be to ease Ms. Evans capacity to admit, and utilize existing strengths and resources which would enable her to develop new 1s. These strengths could be for illustration ; the accomplishments she has developed from rearing, most of which due to her spouse being in the Navy she may hold done independently. Ms. Evans defines herself as Asiatic and that Islam is of import to her, hence, another strength could be that of adaptability, and holding the interior strength to research new experiences, as she may hold moved from an Asian community to be with her spouse in the naval married quarters. Harmonizing to Saleeby ( 1996 ) cited by Healey ( 2005:164 ) belonging to a community is the first measure towards authorization . Therefore by working towards societal justness rules I would research with Ms. Evans what formal and informal aid was available to her within the community. For illustration, a female parent and yearling group, which would enable her to go portion of the community that she feels she has non been accepted into. Healey ( 2005:164 ) explains community support can construct and pull on the capacities of service users to assist themselves and to assist others . I would besides discourse with her the aid she is already having in relation to her babe and her diagnosing of spinal bifida, which could intend the household are entitled to both fiscal and practical aid. This could include a household support carer to give some reprieve, which would let Ms. Evans some clip to prosecute her ain involvements, such as her faith. Further to this I would necessitate to recognize any strengths and assets within Ms. Evans societal webs, such as people she may experience can be supportive, possibly discoursing with her possible personal support from household and friends ( Healey 2005 ) . In decision this assignment has discussed the issues of power and how societal workers need to be sensitive to and recognize power instabilities. .Following this, hazard discourse has been explained, every bit good as a undertaking centred attack to the instance survey. Finally the strengths position was incorporated which focuses on the capacities and potencies of the service user.

Knowledge Work and Organization

Knowledge Work and Organization Introduction Many organizations in different sectors are using community of practice and innovation to improve on their productivity. Community of practice and innovation are interrelated in some ways. This study seeks to identify their similarities, differences and the effects each have on the organization. The last part explains the challenges that firms that participate in social networks face.Advertising We will write a custom essay sample on Knowledge Work and Organization specifically for you for only $16.05 $11/page Learn More Communities of Practice From the community’s point of view, communities of practice are groups of people who come together to meet a common goal. In the business perspective, it is a group of self-motivated people who follow laid out procedures and are challenged to train the persons working with them in order to improve their productivity (Wenger 2000, p.45). These communities of practice are responsible for the smooth r unning of the organization. Therefore, they are accountable using their knowledge and skills, are included in the planning of the budget of the organization, and provide the time schedule for the activities carried out in the organization. They have artifacts which are documents, websites and stories and the appointed member maintain them since they are useful in the organization (Kortum Lerner 2000, p.680). According to Fageberg, Mowery and Nelson (2005, p.362), the communities of practice combine three elements in defining competence. They are brought together by understanding the values of their community and every member is accountable to sustain the relationship between them. For a person to be competent in the community of practice, he/she has to be a trusted member and to engage in the activities of the community (Kortum Lerner 2000, p.688). The success of every group depends on the competence and the ability of the leader to engage the whole group in the process of meeting their goal. During the establishment of the community of practice, members should put in mind what will be bringing them together like the events, who will be leading the group, the projects, connectivity and membership. Unlike closed innovation, any person within or outside the organization can be involved in performing duties that will lead to the success of the organization (Robertson, Paul Langlois 1995, p.560). Innovation Innovation involves bringing valuable ideas into the firm. There are different types of innovation, the closed and open innovation. Open innovation is when those ideas come from inside or outside the firm and are meant to benefit the organization as a whole. Most of the people who create these ideas are from outside the firm and sometimes they are hired to educate employees in the organization on how to implement the ideas. Innovation in this case is the methods that organizations choose to use in response to the challenges in the business environment. They involve changing of the traditional practices of the organization to new practices with an aim of improving the productivity of the whole organization.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Innovation includes the introduction of machines and technology that in return requires trained personnel who are ready to apply their knowledge with the help of technology to achieve the objective of the firm (Trott Hartmann 2009, p.720). Open innovation principles states that the external research and development creates more value than the closed innovation. The organizations that use closed innovation believe that they have enough skills required to perform a particular task so they do not require help from outside the company. They believe that if they discover things for themselves, they will be the first to venture into the market. These companies are so self-centered and do n ot allow others to benefit from their ideas. This is totally contrary to what open innovators perceive (Dasgupta 2003, p.320). Innovation involves generation of ideas that are essential for an organization to maintain its position in the market. Therefore, it differs from the community of practice in that the community of practice follows the ideas that the innovators have already generated in operating the organization and maintaining their relationship. Innovation involves education, technology and training in the organization (Chesbrough 2006, p.111). The employees are trained on the use of new technologies in their practices to become competent and add productivity. Community of practice uses the ideas to meet the goals and objectives of the whole organization. Therefore, the community of practice requires innovation in their daily work. However, both innovation and community of practice involve learning and training in the performance (Francis 2000, p.34). Social capital is the ability to find, combine and utilize knowledge and skills of employees within and outside the organization. Just like open innovation, social capital involves employees from outside the individual organization. Social capital encompasses the information flows, exchange of knowledge, community of practice and all other connected networks that bring together stakeholders in an organization. These stakeholders include suppliers, regulators, employees, customers and partners that are all interested in different aspects of the organization. The social capital and community of services are interconnected since both involve innovative practices. The social capital is obtained from employee business networks and the profession.Advertising We will write a custom essay sample on Knowledge Work and Organization specifically for you for only $16.05 $11/page Learn More An organization that is able to apply the social capital is always more productive that the one that has no social capital. Innovation is an essential aspect for the productivity of the firm. â€Å"Social capital provides benefits to both the individual and the group as a whole† (Burt Ronald 1992, p.45). Differences between open innovation and communities of practice Communities of practice are groups of people in organizations who converge, share ideas about performing a duty or meeting a goal and learns how to the duty better to get the best practices. Open innovation on the other hand involves identifying and bringing together internal and external resources and ideas to expand on their innovation strategy with an aim of maintaining the firm’s market position on getting new opportunities (Amina Roberts 2008, p. 359) Open innovation is a cognitive model researching, creating and interpreting innovation practices while the communities of practice are not a cognitive model. Communities are not restricted by the organization’s structure, they involve people a cross the geographical and organizational limits while the open innovation is limited by the structure of the organization and must follow the hierarchy. Similarities of the communities of practice and the open innovation The community of practice must use the technology while still sharing their ideas and learning more about those ideas. Similarly, open innovation involves the use technological practices to bring new ideas in an organization (Amina Roberts 2008, p. 354). Both communities of practice and open innovation involve a group of individuals in an organization and are aimed at improving the performance of the firm (Hardcastle 2011, p.52). The members of both communities of practice and the innovation group are from different professions and are not restricted to one organization but involve internal and external knowledge in the improvement of the firms performance. Communities of practice and open innovation involve the process of learning searching for information ab out how they can create new markets or future opportunities for the organization. Challenges Faced by the Organizations’ Social Networks As discussed earlier, the community of practice, the social capital and the practice-based networks depend so much on innovation. Innovation depends so much on the technology which most of the employees fear since they think that they will lose their jobs. The community of practice may come up with ideas that can cost the organization a lot of money and resources that the organization may not afford. The organization can be forced to borrow or hire the resources, which affect the budget and affect the productivity of the organization. The social groups in the organization require frequent training, which can also be costly to the organization (Francis 2000, p.40). Through innovation, the leaders in the organization may be over possessed with competition giving much pressure to the other employees and reduces their productivity. According to Chesbrough and Melissa (2007, p. 69), the community of practice in many cases asks for higher pay than the others since they have more responsibilities of changing the old practice of the organization to new improved processes. This is a major challenge for the organization. People perceive ideas differently therefore, for an organization to benefit fully from the community of practice and the social capital, the members involved must understand each other’s behavior. This will help them accommodate each other. The organization is responsible for the education and leadership of this individual in understanding each other and enhancing their knowledge (Chesbrough Melissa 2007, p.62). Conclusion Changes in technology around the world have improved the performance of organizations. Firms traditionally used the closed innovation in their research and development but today they have changed to open innovation. Communities of practice are also used in all organizations in all sec tors to develop ideas on increasing the productivity of the firm. However, companies are faced with so many challenges in the process of promoting their social groups. This is because the decision making process is slowed by a number of people whose perspective is different from policy makers but trust, negotiation and consultations bring the ideas together.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More List of References Amina, A and Roberts, J 2008, Knowing in action: Beyond communities of practice, Elsevier B.V, vol , 37, pp, 353–369. Burt, Ronald, S 1992, Structural holes: The social structure of competition, Harvard University Press, London. Chesbrough, H and Melissa M, 2007, Open innovation and strategy appleyard, California Management Review, vol.50, no.1, pp.57-76. Chesbrough, W 2006, Open innovation: the new imperative for creating and profiting from technology, Harvard Business Press, New York. Dasgupta, P 2003, Social capital and economic performance: Analytics, in foundations of social capital, Critical Studies In Economic Institutions, vol.2, no.1, pp.309–39. Fageberg, J, Mowery, D Nelson, R 2005, Oxford handbook of innovation, Oxford University Press, Oxford. Francis, F 2000, The great disruption: Human nature and the reconstruction of social order, Simon and Schuster, New York. Hardcastle, D 2011, Community practice: Theories and skills for social work ers, Oxford University Press, Oxford, Kortum, S and Lerner, J 2000, Assessing the contribution of venture capital to innovation, Journal of Economics, vol.31, no.2, pp.674–692. Robertson, Paul L. and Langlois, R 1995, Innovation, Networks, and Integration, Research Policy, vol. 24, pp.543-562. Trott, P and Hartmann, D 2009, Why Open Innovation is old wine in new bottles, International Journal of Innovation Management, vol.13, no.2, pp.715–736. Wenger, E 2000, Communities of practice and social learning systems, Sage, New York.

Critical Analytical Essay

Critical Analytical Essay Critical Analytical Essay Critical Analytical Essay: Useful Technique Critical analytical essay is a rather challenging assignment to accomplish, especially if you have received a task of critical essay historical writing. However, nothing is impossible. If you have received such a task, do not panic. There exists a special critical analytical essay technique, which we are going to share with you in this very article. This technique is certain to help you with your critical analytical essay writing. The technique we are speaking about is the technique of setting questions to yourself before any of the critical essay historical writing beginning. There exist some questions, which are essential to be answered before any critical analytical essay writing. Let us speak about all these kinds of questions and about each of them separately: theoretical questions, definitional questions, evidence questions, implication questions. Theoretical Question Theoretical questions are those to deal with the theory presented in the work you have to analyze in your critical essay historical writing. Theoretical background is what it is necessary to deal with while any critical analytical essay writing. Identify the authors points of view, speak about to which theoretical approach it belongs and offer your own interpretation of this very theory. Definitional Questions Definitional questions are those ones to determine whether the concepts the author mentions are clear and whether it is possible to judge these concepts from the different angles or there is the only one approach to them. Speak about your own approach on this very subject in your critical analytical essay. This will help not only to deal with the context of the authors work but also to insert your own point of view, which is demanded from you by the requirements of critical essay historical writing. Deal with the concepts form the historical point of view proving your words with the help of the historical bases. Evidence Questions Evidence questions answer whether the author has proved all his or her main points of view and whether these proofs are evident enough. If you do not agree that the evidence the author gives is evident enough, offer your own perception of the matter. Implication Questions Implication questions find out whether there is an implication within the arguments the author presents in his or her work. They also define whether the application is of the positive or negative matter and how it influences the whole sense of the authors work. We hope that our technique will help you with your critical analytical essay and will support you during critical essay historical writing: Read also: Thesis Methodology Thesis Format PhD Thesis Parts of a Thesis Master Thesis

Company law Essay Example | Topics and Well Written Essays - 1500 words - 2

Company law - Essay Example VTB Capital plc is an England integrated and regulated bank, although it is majority owned by the Russian government bank. VTB got into a contract loan accord with RAP; a Russian company, where VTB loaned $ 225 million to enable RAP purchase several Russian dairy entities from Nutritek. 1 RAP failed to pay on the loan, prompting VTB to bring a court action alleging that it had been fraudulently induced to come into a credit contract by Nutritek. VTB claimed that Nutritek and RAP presented themselves as if they were not under common control while indeed they were. Moreover, both companies represented the price of the dairy companies at a higher value that their real value. VTB claimed that these representations were false since the RAP and Nutritek were owned by a Russian businessman Malofeev. VTB claimed that Nutritek was liable as VTB relied on false information offered by Nutritek to enter into a contract with RAP. The two principle issues that have legal implications were: 1. Juri sdiction issue on whether VTB ought to be given authorization to supply actions out of the court’s authority. VTB held that the conditions in which deception involving foreign parties, but concerning to frauds apparently perpetrated in England ought to be heard by the English bench. 2. Piercing the corporate veil where VTB wanted to treat Malofeev as a contracting party to the loan agreement. This meant that Malofeev would be jointly and severally accountable with RAP. Appropriate forum One of the outstanding legal implications in VTB v. Nutritek & Others [2012] case is that; the Supreme Court has established a precedent that decisions on the forum will hardly be re-opened for appeal. This resulted from the strong words of the Supreme Court’s president lord Neuberger on claim parties having to set up mini trials on preliminary issues like jurisdiction. Lord Neuberger asserted that it is purely inconsistent for parties to bring high costs upon themselves, and use up cou ntless days in court on a jurisdiction hearing. His counsel to appellate courts to be vigilant in disheartening appellants from arguing the advantages of evaluative interlocutory verdict made by a judge reinforces this fact.2 Lord Neuberger held that such re-openings would be allowed when a judge has made a noteworthy principle error only. The court of appeal refused VTB authorization to serve its claim out of the jurisdiction, noting that the law governing the supposedly tort claims was the Russian law. The Supreme Court upheld jurisdiction decision by referring to the case of Spiliada Maritime Corpn v Cansulex Ltd  ([1987] AC 460)3. The Spiliada case set that the burden of proof is left on the claimant. Therefore, VTB had to establish that the English courts were indeed the right forum for the action trial. VTB claimed that there was a strong presumption in favor of English jurisdiction because the action of tort happened in England, referring to Berezovsky v Michaels (2000)   case and the Albaforth (1984).4 The Supreme Court ruled against VTB holding that VTB was using an unhelpful approach by referring to â€Å"presumption† as this was setting the bar too high. The court held that it has to consider all factors as set by the common rule standard on jurisdiction as set in the Spiliada  case. The ruling has the legal implication of giving clarity on the relationship involving the Albaforth and the Spiliada

Wireless and Mobile Technologies Assignment Example | Topics and Well Written Essays - 1250 words

Wireless and Mobile Technologies - Assignment Example Basically, one can develop a mobile technology on mobile technology on a mobile device or on a computer to develop another mobile technology. For example, WAP is a mobile technology, and so are the mobile applications and SMS and mobile websites etc. These technologies are utilized by organizations in different ways so as to improve their efficiency. They are utilized by organizations so as to realize an unprecedented connectivity level between employees, customers, and/or vendors. Employees are able to download applications on their phones that enable them to connect via social media like Twitter, Facebook, and LinkedIn, or the organization may utilize web-site based applications so as to facilitate for direct communication with their customers in different ways. Real-time communication in very important in realizing business benefits, like improved customer service, efficient use of staff time, and a range of products and services delivered (Smyth, et al. 2004). Because of the interactive nature of these technologies, organizations are able to get urgent feedback on products and services from their customers through sharing of information through this medium.Rapid development and business research are some of the results of efficient wireless communication technology. Besides, it offers a competitive advantage to firms in their different industries hence increased productivity and quality of output. In this respect, consumer community is also made to have a feeling of having a direct role in the development of a company. Mobile technology introduced fresh ways of product promotion and advertisements. There are apps incorporated in the mobile phones which enhance people’s awareness on various goods and services and market trends which effectively offer companies platform to promote diverse brands. Besides, prospective customers are able to read the required information by the individual on his/her mobile phone and it