Occupiers Liability Essay examples -- Papers

Occupier's Liability Objective The objective of this document is to outline the obligations of the RSPB, as occupier of property. The obligations are set out in two Occupier's Liability Acts 1957 and 1984, and are owed to persons who enter RSPB property either as licensed visitors, or as unlicensed trespassers. The document does not purport to cover every particular situation and those in any doubt should consult Legal and Compliance as to secure their own position. Overview The RSPB owns large quantities of real estate, including many public reserves. It also owns many offices to which employees have access. As Occupier, the RSPB owes a duty of care to any persons who use RSPB land, irrespective of authorisation. Legal Analysis RSPB is the Occupier for the purposes of both the "Occupier's Liability Act 1957" and "Occupier's Liability Act 1984." This is because the RSPB as an organisation has immediate supervision and control and the power of permitting or prohibiting the entry of persons onto its land. Thus, the Law imposes equitable liability upon the RSPB for its defective premises and death or personal injury (and loss to property) that incurred by persons upon its land This responsibility upon the RSPB to secure the welfare of persons upon its land, is affected by the status of such persons. Indeed, the duty owed to lawful visitors is of a higher standard than the duty owed to unlawful trespassers. However, in accordance with the law, 'reasonable measures' need to be taken to secure the welfare of both groups. The Duty of Care owed to Lawful Visitors Section 2 (2) of the Occupier's Lia... ...tandard of care owed differentiates. The standard for an invited person is higher as the RSPB undertakes to secure his welfare, the standard for a trespasser is objective and thus lower, as the trespasser is deemed to be an average person, and no regard is given to the idiosyncrasies of the trespasser: age, mental health. Evaluation The RSPB must take all reasonable measures to ensure its grounds are reasonably safe and that any disclaimers of safety offer greater protection to the visitor rather than just highlighting the risk. However, for trespassers, there must still be no overtly dangerous objects/circumstances upon RSPB property, though regard need not be given to particular characteristics of trespassers. Moreover, disclaimers ought to warn of the dangers but not necessarily offer any alternatives.

John Locke Paper

Throughout the 17th century, John Locke presented society with his teachings and theories that clarified the order of natural law and fulfilled humanity’s divine purpose for living. It all began in 1647, as a young boy when he attended the prestigious Westminster School in London under the sponsorship of Alexander Popham. During his years at the Westminster School, he found the work of modern philosophers more interesting than the material being taught at the university.Much of Locke's influence and later work was characterized by opposition to authoritarianism, which focused on both the level of the individual person and on the level of institutions such as government and church. Locke wanted each of us to use reason to search after truth rather than simply accept the opinion of authorities or be subject to superstition. He wanted us to proportion go along with the proposition to the evidence for them. Locke came to the conclusion that there must be a balance and mutual under standing between individuality and social institutions where society will not feel suppressed under man made law and restrictions.John Locke believed that all knowledge comes from experience. Experience is composed of two parts: external and internal. External experiences are ideas of supposed external objects. These objects enter our minds through sensation. Examples of sensations would be hot, cold, red, yellow, hard, soft, sweet and bitter. Internal experiences are reflections that make us understand the operation on the objects of sensation. Examples of reflections are thinking, willing, believing, doubting, affirming, denying, and comparing.Once again Locke goes back to his foundation of principles by reaffirming that in order to achieve success and sensation there must be a working relationship between individual goals and the law of society. Sensation and reflection are called the two fountains of knowledge. All of our ideas we can naturally have or have so already come from these two experiences. Sensible qualities convey into the mind, and they produce most of the perceptions and most of the great sources of ideas we have.Sensation and reflection differ from each other because sensation is what happens outside the body, and reflection has to do what happens inside the body with our mind. Also reflection has to do with the ideas it affords being such only as the mind gets by reflecting on its own operations within itself, the mind takes over its own operations and the manner of them. Besides having sensible qualities one also contains primary and secondary qualities. Locke explains that these qualities are two kinds of properties that an object could have.Primary qualities contain solidity, figure, extension, motion and number. They are properties that are objective and independent on senses. On the other hand, secondary qualities consist of color, smell, taste, sound and touch. They are properties that are subjectively perceived. In Locke’s, An Essay Concerning Human Understanding, he states, â€Å"sensible qualities; which, whatever reality we by mistake attribute to them, are in truth nothing in the objects themselves, but powers to produce various sensations in us†¦Ã¢â‚¬  (John Locke, 77).In other words, secondary qualities are dependent on the primary qualities. According to Locke, ideas are anything that is â€Å"the immediate object of perception, thought, or understanding† (William Lawhead, 91). Locke states that sensation and reflection are classified as simple and complex ideas. Simple ideas are red, yellow, hard, soft, etc and for example, you touch an ice cube, your mind is telling you its cold and it’s hard, you learn that from experience. Locke believed that the mind cannot know an inexperienced idea or create a new simple idea.Although the mind cannot create simple ideas, it can process them into complex ideas. Complex ideas are made up of several simple ideas, such as beauty, gratitude, a man, an army, the universe. Complex ideas are also broken down into three parts: ideas of substance which is a constant collection of simple ideas, ideas of mode which is a combination of several ideas, which form a mode, like a triangle, last but not least ideas of relationship, which is a comparison of one idea to another.From experience it goes to sensation and reflection, and those are based on simple ideas and that’s all contained in the passive mind, after simple ideas it goes to complex ideas and that’s located in the active mind. Overall in Locke’s theory he uses epistemological dualism, which is the mind that consists of knowing and its ideas. He also states the object in the external world is known by ideas, and our ideas represent those objects. After researching about Locke’s theory of knowledge I would have to agree with what he has stated.Locke states that you go through an internal and external experience and I feel that today’s y outh do go through the motions of the internal and external experiences. As a result the youth are able to gain the knowledge from those experiences by allowing the mind to willingly accept these new ideas. For example, when I was younger I put my hand near a hot stove and from the heat irritating and pressuring my hand my mind told me it was a negative stimuli and it was essential to remove my hand from the stove and to keep that memory as a basic instinct.Society goes through experiences throughout life of internal and external and eventually gains knowledge through these experiences. John Locke also stated that the mind does all the knowing and its ideas are known. I agree with what he is saying because your mind is always working, it’s always active, we receive ideas internally through our mind and we receive ideas from the outside that goes into our mind. The balance is necessary between internal and external factors to keep society and individuals stable and yet progres sive to adapt to new changes that rise up.

Levels Of Achievement Need

Conceptual FrameworkStudy habits and academic performance of the working students have attracted increased attention among the university teachers and students with the aim of knowing and understanding the reasons, problems and other factors affecting them. This may empower them for lifelong learning to their journey to success hindered by their busy schedules and always no time to their study and academic performance. In Surigao State College of Technology the study habits and academic performance of working students give any positive and or negative impact on their grades depending on how they cope with it.Figure 1.The Research ParadigmThe research paradigm illustrates the conceptual framework of the study that shows the relationship of the input, process and output of the topic. This framework embodies the specific direction by which the research will have to be undertaken by describing the relationship between specific variables identified in the study. The input consists of the research method applied in conducting the research regarding the study habits and academic performance of the working students. Qualitative research undertaken to gain insights concerning attitudes, beliefs, motivations and behaviours of individuals to explore a social or human problem and include methods such as focus groups, in-depth interviews, observation research and case studies.The process on the other hand shows how the research being conducted through defining the problem/s of the research first and gather the required data relevant to the research from the respondents through answering the questionnaires. The output as a result, will indicate the general view of the situation on how the behavior and performance of a student relates on their study habit and academic performance. Conclusions are to be made to know and define the outcome of this study and give justification to the research.Statement of the ProblemThis study aims to determine the levels of achievement needed a nd the academic performance of self-supporting student in Surigao State College of Technology particularly the students of Bachelor of SecondaryEducationmajor in English, from first year to third year college students. Specifically, this study seeks to answer the following questions, 1. What is the profile of the respondents in terms of their: a. Gender;b. Age; c. Monthly Income of their Parents; 2. What is the academic performance of working students from first year to third year in all of their major subjects in English? 3. Is there significant relationship between academic performance of the respondents and the profile of the students with regardsto: a. Gender;b. Age; c. Monthly Income of their Parents; 4. What are the study habits of the first year to third Year Collegeworking students? 5. Is there significant relationship between the study habits and the academic performance of the respondents?

Newspaper Reading and relating to The Human bill of rights

The first article (July 4) is about the growing dangers of Kuwait work trucks that travel on roads while being severely overloaded with logs, iron rods, furniture, and water. There are several reasons why these vehicles have become veritable road hazards responsible for numerous accidents. Reckless driving was cited as one of the highest cause of road accidents involving these trucks. Some citizens attested to instances showing drivers’ utter lack of consideration for pedestrians even to those who have physical disabilities. One man recalled an incident involving his cousin who was a cripple, who died after being run over by a lumber truck. Others cite poor vehicle conditions as another primary cause of accidents. One British expatriate living in Kuwait narrated how water tankers usually have bad brakes and how being overburdened with water makes it more difficult for truckers to maneuver.He also narrated about one instance of recklessness wherein the truck driver suddenly cut in front of him, almost killing him was he not able to step on his brakes. Another hazard was trucks with loose fastenings of furniture or iron bars. Such objects fall from the truck and cause trouble for motorists behind the truck. The article’s reporter discussed an incident about how he himself experienced one such incident. Safety measures taken to prevent hazards from vehicles on the road are vague. There are certain periods of time where the law prohibits trucks from driving inside the city but such laws are often violated by truckers and Kuwait’s local police seem to be inadequate in preventing such violations.This issue is clearly a violation of Article 3 of the Declaration of Human rights which seeks to protect the life, liberty and security of all persons. The truckers’ lack of discretion with regards to the pedestrians that they interact with constitutes an utter disregard to Article 3 which should be addressed by the Kuwait government, especially si nce the usual victims of such accidents are those who are disabled.The second article (July 5) is about how the Kuwait Parliament gives ardent attention to the needs of disabled individuals. The Parliament has released an order calling on state agencies to provide specialized services to people with special needs. Kuwait National Assembly member Saad al-Sharia discussed in the 4th Arab Parliamentary Symposium on Disabled Persons’ Disabilities how due attention should be provided to people with special needs especially in the aspect of integrating such people into society as productive individuals. The Parliament member gave emphasis on investing in the use of human resources in nation building and service.This move by the parliament is in respect of human rights. The parliament hopes to incarnate the deeper meaning of humanity and humanitarian causes towards the development of its civilization. Specifically, parliament aims to create specialized educational institutions to ad dress the needs of special children who are not able to learn through conventional means. Parliament aims to establish more centers for rehabilitation research. It also aims to modernize such institutions that currently exist. The project will also create clinics and entertainment utilities that can cover people of all ages and of all physical, mental and psychological disabilities.The third article (July 6) reports the strengthening of the Kuwaiti resolve to provide better governmental services. It discusses how the state is funneling ample finances and gathering substantial human resources to raise public awareness of special needs in its continuing advocacy for human rights. In an interview with Secretary of the Arab Parliamentary Caucus of the National Assembly Jamal Al-Kandari, it was revealed that Kuwait has already â€Å"mapped out† specific plans for disabled individuals to be properly integrated into the society and assume roles that will be both productive and fulfi lling.In the ongoing symposia for disabled individuals, legislation for the protection of the human rights of disabled individuals was also put into focus. Much emphasis was given on the current dangers that face disabled individuals in different parts of Kuwait. Dr. al-Shuraye’s lecture, he discussed that as these people are not as mobile as normal individuals, they are more prone to becoming victims of accidents especially on the road. It was concluded by the article that the Kuwaiti delegation will arrive at several useful recommendations to serve the interests of handicapped individuals in Kuwait.The fourth article (July 7) narrates how the Farwaniya Hospital in coordination with Kuwait’s Ministry of Interior has made the announcement of building a security kiosk at the entrance of the hospital. The move was made after several alarming actions taken by several individuals that threatened to harm both patients and doctors inside the facility. Several weeks prior to the announcement, it was reported that the hospital received an anonymous terrorist threat due to some of the relatives of the patients who were unhappy with hospital  management. Other instances involved violence perpetrated by relatives of patients who died while inside hospital care. The relatives of the deceased patients felt that the doctors were responsible for their relatives’ deaths and took matters into their own hands. Although no incident of serious injury has yet to be recorded inside hospital premises, hospital officials nonetheless became concerned with preempting any such possibilities from actually occurring.This prompted hospital officials to set up meetings to solve growing problems in securing hospital premises. It was brought up that the lack of means for proper visitor identification is the biggest risk that the hospital has of intrusion. This led to the forwarding of the idea of setting up a security kiosk that would be able to properly identify indivi duals visiting patients inside the hospital so as to secure hospital patients and personnel.The last article (July 8) discusses how Kuwait officials and concerned groups currently feel about Kuwait’s move to give emphasis to the human rights of disabled individuals in the region. Dr. Fahad Al-Wardan, the ministry’s Nursery Department Director stated that the government moves aimed at encouraging the disabled to exert more efforts in developing themselves educationally and morally. He said that this was also the aim of the movement for the general public; to have them well informed about the current issue of physical, mental, and psychological disabilities and in the process gets them to be involved in the government project. Dr. Al-Wardan discussed several findings with respect to research on disabled individuals, citing that both literature and actual research suggest that such individuals still have considerable potential to serve society.Dr Al-wardan also made refer ences to the existing government efforts on improving disabled individuals’ lives prior to the government announcement, stating that it was a fulfilling activity both for the recipients and the volunteers. He expressed satisfaction in the current progress of the movement in the country, and anticipation at the recently announced project of the Kuwait Parliament to give emphasis of disabled individuals’ well-being. Dr. Al-Wardan hoped that included in the parliament’s proposed plan was to increase the pay scale for social workers who are currently one of the lowest paid sectors in society. He emphasized on the role of social workers in providing guidance and assistance to the disabled. He also gave due credence to the major role that donations from private organizations have made to the overall effort of helping disabled individuals.The five articles are linked together with respect to their relationship to upholding human rights. In the first article, the danger s to individuals by the recklessness of certain groups in society were discussed as a violation of the tenets of article 3 in the declaration of human rights. The second article provides a possible response of government, the main protector of the human rights of a particular citizenry, to uphold such rights of a disenfranchised group in society identified as the disabled individuals.This was strengthened by the 3rd article which gave in extensive detail the proposed government plan to alleviating the plights of disabled individuals. The fourth article saw a similar plight related to the article  3 of human rights. This was the right to security that both doctors and patients in the hospital in question required. The government acted on that right by helping the hospital set up security measures to prevent future incidents from occurring. Finally, the last article reaffirmed the human rights of disabled individuals in the perspective of current actors in the movement.In conclusion , it can be said that although the prevalence of human rights violations can still be seen in the area of Kuwait, government is doing what it can to solve the issue. Government should always work hand in hand with the private sector, concerned individuals and volunteers, and disenfranchised groups themselves in order to detect societal problems involving violations in human rights and provide for the appropriate means for these problems’ eventual alleviation.References:A license to kill on Kuwait roads. July 4, 2007. Retrieved July 9, 2007 from Kuwait Times website: http://www.kuwaittimes.net/read_news.php?newsid=Mzk3OTM4ODE4Kuwait Parliament heeds people with special needs. July 5, 2007. Retrieved July 9, 2007 from Kuwait News Agency website: http://www.kuna.net.kw/NewsAgenciesPublicSite/NewsCastPage.aspx?=page=1&language=en&date=05072007More Kuwaiti support for disabled people. July 6, 2007. Retrieved July 9, 2007 from Kuwait Times website: http://www.kuwaittimes.net/read_n ews.php?newsid=OTgyNjQ1NjQ3Checkpoint at hospital. July 7, 2007. Retrieved July 9, 2007 from Kuwait Times website: http://www.kuwaittimes.net/read_news.php?newsid=NTU5OTA1MzM2A humanitarian deed. July 8, 2007. Retrieved July 9, 2007 from Kuwait Times website: http://www.kuwaittimes.net/read_news.php?newsid=MTIxNTc3MjY5NQ==

Plata o Plomo (Javdani) Response Paper Analysis Essay

In her essay, â€Å"Plato o Plomo,† Marie Javdani compares & contrasts the stories of two boys, whom live separately in two countries, to signify their indirect relation. The phrase â€Å"Plato o Plomo† translates to â€Å"silver or lead†, meaning that peasants of South America can either accept a bribe & live (silver) or take a bullet & die (lead). Eric, an American boy, & Miguel, a Colombian, are both out on the road on a Friday night, but their intentions are entirely different. After scoring drugs, Eric whistles while walking down his street to meet up with his friends for â€Å"a bit of fun.† Miguel creeps down the road in his village, praying for the last time in his life; he to be murdered by the guerillas who have been threatening him & his father. The two stories of both Eric & Miguel begin to unite as Javdani narrates the cause & effect of America & Colombia, showing how choices made in the U.S. can affect the harsh realities of Colombia’s drug cartel. By using parallelism in the stories of Eric & Miguel, Javdani identifies the factors contributing to high drug activity. â€Å"Eric & Miguel represent opposite poles in what the United States government refers to as the ‘war on drugs.’† Eric’s drug use symbolizes the demand of production in Colombia, where Miguel’s village is terrorized by the ruling drug lords & paramilitaries. The strategy that the writer uses to represent both Eric & Miguel is cause & effect. This use of parallelism combined with cause & effect is meant to emphasize two sides to the political turmoil of drug violence in Colombia. Javdani mentions that U.S. money being sent to Colombia is ineffective in its purpose, which is to enforce order over the high drug activity that rules Colombia. Because Colombia produces a majority of the world’s cocaine & heroine, the U.S believes that putting an end to the growth of the coca, a plant used for making cocaine & heroine, can stop the use of drugs in the states. But the billions of aid dollars sent to fund, supply, and train Colombian military units have only escalated the violent paramilitaries that support drug cartels. As a result of rebel drug lords having control, Colombians have no choice but to cooperate with the production of coca on their land. This approach to eliminating drug activity was obviously not successful, it is becoming easier to see that drug trafficking is market-driven; the end to the demand.

Negotiation Resolution and Conflict Essay Example | Topics and Well Written Essays - 750 words

Negotiation Resolution and Conflict - Essay Example However, those with lacklustre performance should be held accountable through their pay. (Pearlstein, 2008) The problem situation began when Chancellor Michelle Rhee proposed to the teachers’ union at Washington D.C. the controversial change in their employment contract. The proposal in essence proposed a higher-pay-for-job-security swap. Teachers will be given the option of earning up to $131,000 within the ten-month school year, but will have to relinquish absolute job security and a personnel-and-pay system based nearly exclusively on years served. The Rhee proposal also includes: protection from arbitrary firings, professional development and support, and a growth model of achievement. But on the negative side, it proposes the removal of grossly incompetent and abusive teachers, and a more stringent evaluation method to gauge teachers’ performance. (Rhee, 2009) While some members of the teachers’ union, such as Washington Teachers’ Union (WTU) President George Parker, and American Federation of Teachers (AFT) leader Randi Weingarten, see the merits behind this proposal, others see it as a deprivation of their right to tenure which they currently enjoy. They also protest the proposed evaluation method as subjective and disadvantageous to teachers. This has caused the controversy, not only between administration and teachers, but also among the ranks of the teachers themselves. (Pearlstein, 2008) On the other hand, it is admitted by researchers that compensation â€Å"based mostly on seniority and formal credentials rather than performance†¦has become untenable, as the teaching profession has changed dramatically over the last few decades.† (Hess and Loup, 2008) Obviously, D.C. Chancellor Rhee is using the carrot-and-stick tactic; higher pay and privileges for well-performing teachers, and sanctions / dismissal for incompetent and abusive teachers. On the teachers’ side there is the realization that

Malcolm X Essay Example | Topics and Well Written Essays - 500 words

Malcolm X - Essay Example Furthermore, his highlighting on the black community having self help and self-respect gives life to his scrutiny in human rights. He depicts African American culture with vibrancy and criticizes unacceptable behavior from his point of view of Muslim faith. The book ‘Autobiography of Malcolm X’ conceptualizes a transformation from lack of knowledge and misery to awareness and religious initiation (Haley). In his comment that, people never realize how a persons’ life can be altered just by a book he tells Harley the prime belief underpinning each effort to put down an autobiography as an exemplar for others. Malcolm’s views and ethics in the fight for civil rights of the 60’s were entirely different from Martin Luther King Jr., but both of them were in some way similar as in the case of loving the almighty and loving your self are virtues prime and primary steps towards achieving independence, sovereignty and power. This can be seen when Malcolm says that: He might have portrayed nearly all non-Christian aversion for loving his adversaries, but he and Martin Luther tacitly understood the success to freedom. In his Harlem life encounter, he realized that the black community should be more vibrant in helping themselves in an attempt to improve their oppressing situation. This in its sense applies to everyday life and should be embraced if one wants to improve a situation. He was the pioneer behind establishing over hundred mosques in the better part of the United States territory. As chief representative for Elijah Muhammad, saw the Nation of Islam rise to being a spiritual and religious organization in the 1960’s, hence expanding its reach. Malcolm and Elijah Muhammad agree that a polite reaction to isolation and separation is not Integration but cultural division. Malcolm mostly wanted racial justice to be upheld in America. In the event that