Sunday, May 17, 2020

English as a Native Language (ENL)

Definition: The variety of the English language spoken by people who acquired English as their first language or mother tongue. English as a Native Language (ENL) is commonly distinguished from English as an Additional Language (EAL), English as a Second Language (ESL), and English as a Foreign Language (EFL). Native Englishes include American English, Australian English, British English, Canadian English, Irish English,  New Zealand English, Scottish English, and Welsh English. In recent years, the proportion of ENL speakers has steadily declined while the use of English in ESL and EFL regions has rapidly increased. Observation A wide variety of countries, such as Australia, Belize, Canada, Jamaica, the United Kingdom and the United States, speak English as a native language (ENL). ENL countries are established when large numbers of English speakers migrate from other English speaking countries, displacing other languages, both local and immigrant. Other countries, such as Fiji, Ghana, India, Singapore, and Zimbabwe  use English as a second language (ESL). In ESL countries the language is imported during a colonial period and promoted through education, but there is not a massive migration of native English speakers.(Roger M. Thompson,  Filipino English and Taglish. John Benjamins, 2003) ENL Varieties English varies markedly from one ENL territory to another, and often from one region to another within heavily populated countries such as the US and UK, a state of affairs which, as travelers know well, can lead to problems of intelligibility. In the UK, for example, there are significant differences of accent, grammar, and vocabulary between Anglophone visitors to London and many of the local people (speakers of Cockney and near-Cockney), as well as in Scotland, where many people routinely mix Scots and English. In the US, there are significant differences between many speakers of African-American (or Black) English and what is sometimes called mainstream English. . . . It is therefore risky to classify a territory as ENL and leave it at that, the ENLhood of a place being no guarantee whatever of unhampered communication in English.(Tom McArthur, The English Languages. Cambridge University. Press, 1998) Standards of English Standard English is typically seen as correct and grammatical, while non-standard dialects are seen as wrong and ungrammatical, regardless of whether the speaker or the speakers ancestors spoke English as a native language. Disapproval of non-standard varieties is not the prerogative of the formerly colonized. The reason that Singapore has had a Speak Good English Movement and India does not is that Singapore has a highly informal contact variety, usually known as Singlish, which has no parallel in India.(Anthea Fraser Gupta, Standard English in the World. English in the World: Global Rules, Global Roles, ed. by Rani Rubdy and Mario Saraceni. Continuum, 2006) Pronunciation ​It is obvious that interdialectal contact tends to speed up phonological change, and new social norms can easily change the acceptability of formerly stigmatized pronunciations: innovation is therefore to be generally expected in ENL communities. By contrast, ESL societies are likely to be characterized by interference phenomena and overgeneralization, and therefore exhibit innovation (of different types)--unless these local features are criticized as deviances when compared with an external standard, say the educated speech of the South of England. (Manfred Gà ¶rlach, Still More Englishes. John Benjamins, 2002)

Wednesday, May 6, 2020

Why Was There a Struggle Between the Bourgeoisie and the...

Why, according to Marx and Engels in The Manifesto of the Communist Party, was there inevitably struggle between the bourgeoisie and the proletariat, which would create the preconditions for socialism? ___________________ The theories of Karl Marx have influenced some of the world’s greatest thinkers. Marx’s idea of the inevitable class struggle within capitalism and consequent place for a socialist society is professed within ‘The Manifesto of the Communist Party.’ It is necessary to explore why Marx and Engels believed class conflict to be unavoidable in order to understand why the preconditions for socialism could be established. It is clear that economics is at the heart of Marxist thought and it can be arguably suggested that†¦show more content†¦The nature of capitalism meant the bourgeoisie needed to exploit their workers in order to make a surplus. If they didn’t do this they would fall themselves into the proletariat and their employees would work for someone who would. This made the situation of the proletariat all the more dire. Marx expressed this view when he defined the proletariat as â€Å"a class of labourers, who live only so long as they fi nd work, and who find work only so long as their labour increases capital† (page 8). This meant that the chances of a proletariat had to advance into a higher economic class were reduced and a further polarisation of classes would develop. This meant that a class struggle was inevitable if one views Marx’s theory as one of ‘group-formation’ as is explored by Reinhard Bendix in his study of Marx. Bendix suggests that in Marx’s view â€Å"ruling classes are aware of their common interests and have the organizational means to promote them, while oppressed classes still seek to achieve class consciousness and organizational cohesion.† Hence due to a lack of class consciousness the proletariat continue to struggle. This was inevitable, according to Bendix view of Marx, due to the nature of the oppressed classes. A similar idea that causes inevitable class conflict mentioned again by Bendix is that a â€Å"lack of acquaintance and competing interes ts divided the workers amongst them-selves. Although all of them lived a starkly deprived life, theirShow MoreRelatedOrganisational Theory230255 Words   |  922 Pageswith a wealth of organizational concepts and theories as well as provides insightful examples from the practical world of organizations. The authors’ sound scholarship and transparent style of writing set the book apart, making it an ingenious read which invites reflexivity, criticalness and plurality of opinion from the audience. This is a book that will become a classic in organization studies. Mihaela L. Kelemen, Professor of Management Studies, Keele University, UK An unusually rich and deep philosophical

IT Performance and Communicating Value

Question: Describe about IT performance and communicating value and capitalism? Answer: 1. Measuring IT Performance and Communicating Value 1.1 Purpose of Paper This paper is based on the analysis of different factors which CIO of IT firm uses to measure their organization performance level and communication. This paper proposes several measures which management of any IT firms takes to improve their overall performance in comparison of other IT organization. 1.2 Important points/ Arguments Presented CIO of IT firm should focus on their communication process as communication help in improving the level of performance, customer satisfaction, quality of product and other. IT firm main pillar is their customer so management of IT firm should try to work as per the customer requirement and demand which requires good communication channel between client and customer. As IT firms is determined by their performance metric dimension which is important for their stakeholders. So the CIO of IT firm should try to increase the level of performance metric which is based on revenue and profit of the firm (Merino, 2010). IT firm management should try to improve their business process in comparison of their competitors to increase the profit share, revenue. IT firm function is dependent on different factors as communication between customer and firm, technical support used by firm for working and others so management of IT firm should always try to analyze these factors to end business process on time. 1.3 Approaches used This paper is having different guideline or methods which can be used by CIO of IT firm to resolve the communication gap or problem and improve their performance as management of IT firm should plan a internal assessment or inspection which will be conducted by their executive or other experienced employee for analyzing the issues which employees face while contacting different clients (Ingham, 2008). IT firm should try to work as per their customer requirement and demand within the allocated duration. Business and IT firm should always focus on their stakeholder, customers, employees, technology used by them and other. 1.4 Issues and their Solution The issues regarding IT firm can be regarding their technology and ethics. IT Technology is based on technology which is ever changing so the main issue which IT firm management can face. Suppose today IT firm updated its framework from older version to new CIO framework and few years later new technology came in market. IT firm should always try to keep them updated regarding their technology. 2. Capitalism 2.1 Purpose of Paper This paper is written to explain the capitalism condition in business. This paper is based on the analysis of economic system and privatization culture presently adopted by many business processes (Brocke and Rosemann, 2010). There is explanation of mutual significance concept which focuses on the connection of business societal growth and economical growth. 2.2 Important Points/ Arguments presented Mutual significance concept is adopted by maximum business process which shows their link between their community and financial growth. Three main methods adopted by companies are explained which are as by considering all market and products together for increasing profit, by identifying the value chain system of business and evaluating it and by working for both local and national customers so that business increases worldwide. Business should consider there supply chain system, employees, customers, and their health and safety which will help in increasing their productivity. By reducing their packaging and other expenditure keeping quality of product in mind can reduce their overall expenditure cost and increase profit share. Organization should work for their employees welfare so that employees trust and level of loyalty is continued for long term. Organization should perform their work under the government rules and regulation. While changing their working style or policies all rules and regulation mentioned by government should be considered by organization. 2.3 Approach used The approaches suggested by writer regarding capitalism and other are organizations while working on common goal or value should consider society, economy and growth of employees as well as organization (Future Prospects for Capitalism Nature Socialism, 2014). To increase the business profit rate organization should always keep them updated regarding technology and should be aware of their customers requirement and demand. Organization before starting any new process should decide their long term and short term benefits. Capitalization helps organization should improve their productivity, market shares and etc. 2.4 Issues and their solution While capitalization organization do not consider all problems which may occur in future while operation is on. Common significance process does not consider all society related problem, management issues and other business related problems which can effect organization. Some organization while working does not follow government norms and ignore society welfare. References Brocke, J. and Rosemann, M. (2010).Handbook on business process management 2. Berlin: Springer. Future Prospects for Capitalism Nature Socialism. (2014).Capitalism Nature Socialism, 25(4), pp.1-2. Ingham, G. (2008).Capitalism. Cambridge, UK: Polity Press. Merino, N. (2010).Capitalism. Detroit, MI: Greenhaven Press.

Monday, April 20, 2020

Use of Technology for GE

Outline Introduction – Under this section, the importance of technology in the efficient running of an organization is exploredAdvertising We will write a custom essay sample on Use of Technology for GE specifically for you for only $16.05 $11/page Learn More Discussion -This section examines the use of information technology by GE and how some of the policies on use of internet from various countries could impact on the expansion program of GE. In addition, the section also employees’ issues related to use of technology and the consequences of failing to comply with the established guidelines. Conclusion -Here, the importance of information technology for an organization with a global reach as GE is recaptured for purposes of enhancing the company’s efficient operation. Introduction For any organization that wishes to maintain a competitive edge in the market, there is need to embrace technology. This is because the proper harnessin g of technology helps an organization to become more efficient in its operations. There are many benefits that come about when an organization embraces technology. To further explore some of these benefits, this research paper shall explore the use of technology by General Electric (GE). Discussion Many countries have embraced the use of the internet albeit with some questions being raised (Abbate, 1999, p. 12).GE has been involved in a massive expansion program to enhance its global presence. As a matter of fact, some of the policies implemented by various countries that deals with the use of information technology may affect GE’s ability to expand further globally. There are many issues that come about once an organization with a global presence as GE decides to expand. With the use of internet, employee’s issues related to use of information technology often crops up. It is important for an organization to address such issues as they cannot be ignored. Because there are many opportunities for expansion, issues relating to work have posed a big challenge as a result of the need to implement them in line with the established guidelines (Abbate, 1999, p. 15).Advertising Looking for essay on other technology? Let's see if we can help you! Get your first paper with 15% OFF Learn More On certain occasions, the issue of global supply chain control arises. As a result, we could end up with restricted the flow of business (just because they have to be adhered to). In addition to these, there have also been issues that relate to international tax compliance and structuring. This have in most occasions eroded the vast opportunities that are available due to the extremes in this scenario. New technology has always presented a lot of opportunities for adoption by businesses. However, this has on certain occasions been overshadowed by certain issues that need to be explored further (Castells, 1996, p.4). The internet has been viewed as a great way of doing business by consumers in many countries and this explains its wide use all over the globe. Consumers in many countries have embraced the internet and therefore see it as a very efficient way of advancing their lives. However, the internet has been used suspiciously due to privacy issues where some customers have feared that whatever they are doing might not be private at all (Castells, 1996. P.7). Consumers will be less concerned about internet privacy if they are convinced that they are secure in whatever they are doing online in all occasions. Because of some complains and the exposure that the internet puts to many customers some governments have come up with consumer protection laws to ensure that indeed they are protected. The presence of such laws though in some instances has redefined business they have also been critical. In spite of all these shortcomings, consumers still view the internet as an avenue for accessing numerous business opportunities that would o therwise have remained impossible to achieve. Since GE has a global presence in its business operations, there is need for the organization to adjust its operational procedures. The first thing to do is to ensure that its operations are well coordinated to avoid any leaks that might end up being used to its disadvantage in other countries. Since GE is involved in global business, it has to abide by the various laws and business guidelines that have been put in place by those countries (Castells, 1996, p. 9). Its operations might have to be too involving (that is; by involving all the stakeholders) for them to succeed. Personal and organizational responsibilities for moral and ethical use of technology Despite the need to adopt technology in order to compete in today’s world, an organization must determine, develop and implement methods of anticipating and responding to issues that may arise from technological activities.Advertising We will write a custom essay sample on Use of Technology for GE specifically for you for only $16.05 $11/page Learn More Any industrial corporation worldwide that is utilizing technology must be able to respond to social needs. Proactive philosophy is a responsive approach that companies using technology must adhere to. It is important to anticipate problems before they occur and develop approaches of dealing with those problems. This is one of the key issues that an organization can extend to its internal and external stakeholders as well as to the general community. The other key issue is adapting to accommodation philosophy. This means doing more that the minimum expectation from the public policy. Related to this is the need to avoid any illegal act that will affect the society at large. Such include having harmful emissions from the adopted technology. Technological advancements like steam engines and electricity can be used for not only good but also to commit social crime hence threatening social values. With this in mind, it is important to have ethical considerations in the use of technology. Some of the moral responsibilities associated with technology include: The information rights and obligations This includes the information rights that individual and organizations have on the technology as well as to themselves. System quality This explains about the standards of system and data quality and whether it protects individual’s rights as well as the society’s safety. Property rights and obligations This dictates the protection that traditional intellectual rights have in relation to the digital society. This is because accounting for their ownership may be difficult and hence easily forgotten. Quality of life This explains about the values that must be retained in the knowledge-based society.Advertising Looking for essay on other technology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Accountability and control This questions about who will be held accountable and liable for the harms caused on individuals and the organization, the information therein as well as the rights of the property Conclusion If at all General Elects aspires to have a competitive edge in the market, it is important for the company to fully embrace information technology in all its operations. In addition, there is need for the organizations to ensure that its workforce fully comply with the established guidelines regarding the use of the internet. Reference List Abbate, J. (1999). Inventing the Internet. Cambridge: MIT Press, Castells, M. (1996). Rise of the Network Society. Cambridge, MA: Blackwell Publishers This essay on Use of Technology for GE was written and submitted by user Zackery M. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, March 15, 2020

Examine the success of Llewellyn in relation to Josiah, Kelly and “Marketweb” separately from Nixon The WritePass Journal

Examine the success of Llewellyn in relation to Josiah, Kelly and â€Å"Marketweb† separately from Nixon Introduction Examine the success of Llewellyn in relation to Josiah, Kelly and â€Å"Marketweb† separately from Nixon IntroductionThe tortuous liability of NixonBibliography Related Introduction If Llewellyn is to stand any chance of success he must firstly prove that: (i) That the parties involved owed him a duty of care, (ii) that the parties were in breach of this duty;(iii) that those relevant breaches caused Llewellyn’s damage, both in fact and in law, and; (iv) that the law will allow the recovery of any losses Llewellyn may have incurred. It is convenient to examine the success or otherwise of Llewellyn in relation to Josiah, Kelly and â€Å"Marketweb† separately from Nixon. The general principle with regards to the establishment of a duty of care is the neighbor principle as formulated in Donoghue v Stevenson [1932]: 1)  Ã‚  Ã‚  Ã‚   â€Å"One must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.† The scope of this principle was expanded considerably by Lord Wilberforce in Anns v Merton London Borough Council [1978] with the introduction of a two tier test. The effect of this two tier test was to expand considerably the scope of the tort of negligence, but the test has been the subject of much judicial criticism, having being overruled on its facts by the House of Lords in Murphy v Brentwood District Council [1990]. In Murphy the House noted that reservations had been expressed regarding the two-tier test and stated a preference for the incremental approach of Brennan J in Sutherland Shire Council v Heyman [1985]. It was this approach, suggests J Convery, that ultimately led to the modern formulation of the duty of care in Caparo Industries Pcl v Dickman [1990]. However, the courts have been reluctant to impose a duty of care with regards to the careless making of statements as opposed to liability for careless acts. Despite this, in Hedley Byrne v Heller [1964] the House of Lords held that a duty to take care in making statements could arise. Normal Donoghue principles were not to be applied as a strict application of these principles would have led to too great a liability. Instead, it was held that a duty of care would arise where there was a special relationship between the parties. For such a relationship to arise: (i)  Ã‚  Ã‚   The representor must have a special skill. (ii)   The representee must reasonably rely on the misrepresentation. (iii)   The defendant must have some special knowledge of the type of transaction in question: eg Smith v Eric Bush [1989] It is these criteria which must be utilised in assessing the respective positions of the parties alongside more modern criteria which will be discussed later. As regards the first criteria, it is clear that Josiah, an investments advisor and the long-standing chair of the planning committee, possesses a special skill, as does Kelly being a countryside planning ambassador. Although the Privy Council in Mutual Life v Evatt [1971] took a narrow view of this criterion, the Court of Appeal has followed the more â€Å"liberal minority† view:Esso Petroleum v Mardon [1976]; Howard Marine and Dredging v Ogden [1978]. As Lord Denning MR stated, when distinguishing Bisset v Wilkinson [1927] in Esso; special skill could manifest itself in the fact that the parties are not â€Å"equally able to form an opinion†. Therefore it is submitted that Kelly, Josiah and Marketweb satisfy the first criteria of the threefold test. Establishing the second criteria is potentially problematic. The Privy Council has, again, taken a very narrow view of this criterion: Royal Bank Trust v Pampellonne [1987 . However W.A Seavey proposes a somewhat simplified approach; that it is reasonable to rely on a person who â€Å"possesses more than the normal knowledge† in any given area of expertise. If this submission is to be accepted then, again it appears that the second criterion is satisfied with respect to all three parties. It should also be noted that if such reliance is absent, the plaintiff may, in exceptional cases, rely on ordinary Donohue principles as was established in Ross v Caunters [1980]; White v Jones [1993]. However it appears from the facts that this is not appropriate. As regards the third criteria, it is submitted that the facts indicate Josiah and Marketweb have prima facie special knowledge of property transactions. Kelly, however does not appear to have special knowledge of property transactions, therefore it is submitted that she does not owe Llewellyn a duty of care as regards any negligent misstatements, and any action against her is likely to fail. In addition it is likely that the â€Å"fair and reasonable† requirement laid out in Caparo. Lord Bingham commented: 1)  Ã‚   â€Å"The requirement cannot, perhaps, be better put than it was by Weintraub C.J. in Goldberg v Housing Authority of the City of Newark (1962):Whether a duty exists is ultimately a question of fairness. The inquiry involves a weighing of the relationship of the parties, the nature of the risk, and the public interest in the proposed solution.† Based on this analysis, it seems unfair to impose a duty with respect to â€Å"friends†.   Indeed this is the position occupied by C Witting,whilst the opposite, he contends, can be said for relationships of a business nature. It is thus submitted that based on the three criteria, Josiah owes Llewellyn a duty of care as regards any negligent statements he may make. Although it appears that Marketweb may be in the same position, recent case law may indicate otherwise; modern case law seems to prefer tests based on proximity of relationship in conjunction with a requirement that the duty imposed is fair and reasonable: Jain v Trent Strategic Health Authority [2009] The case of Patchett v Swimming Pool and Allied Trades Association Ltd. [2009] is closely analogous to the present facts. The claimants were looking to build a swimming pool and they (the claimants) came across the website of the Swimming Pool Allied Trades Association and the works duly commenced. Prior to complet ion, the secondary retailer became insolvent and ceased trading, leaving the works unfinished.   The dispute between the parties arises out of statements made on SPATAs website: it stated that â€Å"installation will be completed fully to SPATA Standards come what may!†.In court, Worster J held that SPATA did not owe the Patchetts a duty of care in making certain statements on its website. The essential reason given was that while the defendant no doubt knew that the representations on their website would likely be acted upon, it would not expect consumers to do so without further enquiry. The court found that the third criteria necessary for establishing a relationship between the maker of a statement and the recipient who relies on that statement, as set out in the case of Hedley Byrne v Heller, was not satisfied: â€Å"It is known, either actually or inferentially, that the advice [or representation] is likely to be acted upon by the advisee without independent inquiry.† It is submitted then, that the same principles can be applied to the facts at hand. Although Marketweb would have expected consumers to act upon their advice, they would not expect consumers to do so without further enquiry. Thus, it could be argued that, despite fulfilling the three criteria stated above, the third criteria for the original Hedley Byrne v Heller test is not satisfied. Therefore it is submitted that Marketweb does not owe Llewellyn a duty of care as regards any negligent misstatements they may make, and any action by Llewellyn is likely to fail on this basis.   Having established the respective positions of the parties as regards duty of care, it is now necessary to examine if they are in breach of that duty. In the case of all three parties, it is submitted that any negligent misstatements would arise from the omission to mention the development of the club complex despite the lodging of the plans two years prior. The issue of an omission rendering a statement negligent was cogently examined in Banque Financiere de Late Cite CA v Westgate Insurance Co [1989]where it was stated: 2)  Ã‚  Ã‚  Ã‚   â€Å"Can a mere failure to speak ever give rise to liability in negligence under Hedley Byrne principles? In our view it can, but subject to the all-important proviso that there has been on the facts a voluntary assumption of responsibility in the relevant sense, and a reliance on that assumption† It was generally established that with regards to careless acts the law will impose liability, but it will not impose liability in respect of omissions; see for example the speech of Lord Goff in Smith v Littlewoods Organisation [1871] where his lordship stated this general rule and identified four exceptions. By analogy, in negligent misstatement, one might assume while liability may arise in respect of a negligent misstatement, no liability will arise from a failure to speak. Essentially, the statement from Banque Financiere de Late Cite CA v Westgate Insurance Co [1989] states that no liability will attach to a failure to speak subject to just one exception, namely where there has been a voluntary assumption of responsibility and reliance upon that assumption. One may begin by asking what the Court of Appeal meant by the phrase ‘voluntary assumption of responsibility’, as in Smith v Eric Bush [1989] the House of Lords rejected the view stated in Hedley Byrne v Heller [1964], that a duty of care with regard to negligent misstatement (a spoken misstatement) arose from a voluntary assumption of responsibility and this view was repeated by the House of Lords in Caparo Industries v Dickman [1990]. In Smith it was said that the phrase â€Å"assumption of responsibility† can only have any meaning if it is understood as referring to the circumstances in which the lawwill have deemed the maker of the statement to have assumed responsibility to the person who acts on the advice, and by amending the â€Å"voluntary† element, essentially has turned the test from a subjective to an objective one. Thus, what was said in Banque Finaciere could be rephrased by saying that a failure to speak can give rise to liability only where the duty to speak arises. It then seems appropriate to apply this interpretation to the facts at hand; that is an omission to speak. It is thus submitted that the law would impose such a duty on Josiah, given the ruling in Ried v Rush Tompkins [1990]. In this case Ralph Gibson LJ stated that a duty not to cause economic loss may be owed even without an assumption of responsibility by the person giving advice or reliance by the person receiving it, although both May LJ and Neil LJ reserved their opinions on this point. Therefore, it is submitted that Josiah is in breach of his duty to Llewellyn. It is clear from the facts of the question that the loss suffered by Llewellyn is pure economic loss. It must therefore be considered in which situations the law will allow for such loss. As W Bishop states â€Å"the law of torts severely restricts recovery by a plaintiff for financial losses suffered in consequence of the negligent conduct of the defendant†. The traditional approach of the courts was to deny recovery of economic loss that was not consequent upon damage to the person or property of the plaintiff: Spartan Steel Alloys v Martin [1973]. However, in Junior Books v Veitchi [1983]the House of Lords allowed recovery for economic loss suffered by the plaintiff when a firm of contractors, with whom the plaintiff had no contractual relationship, laid a floor defectively. It was held that there was such a relationship of proximity between the plaintiff and the defendant that the plaintiff owed the defendant a duty of care to avoid economic loss. Junior Books was decided when the two-tier test of Lord Wilberforce in Anns v Merton London Borough Council [1978] was still used to determine the existence of a duty of care and the House of Lords relied heavily on the fact that the plaintiff had nominated the defendant to lay the floor and had relied on the defendant to carry out his work properly, that this reliance was known to the defendants and that the damage was a direct and foreseeable result of the defendants’ negligence. Interestingly, Lord Brandon dissented on the grounds that the decision effectively created contractual obligations while circumventing contractual concepts such as privity and consideration. Subsequent cases have not followed Junior Books; in parallel with the retreat from Anns, which formed the basis for Junior Books, the latter case had been the subject of much judicial criticism. In Muirhead v Industrial Tank Specialities [1986] Junior Books was not followed and in Aswan Engineering Establishment v Lupdine [1987] it was said that â€Å"where the defect renders the product less valuable the plaintiffs remedy lies in contract, and where the defect creates a danger to others the remedy lies in Tort† and that Junior Books was the â€Å"first to cross this line†. In DF Estates v Church Commissioners [1989] Lord Bridge stated that the consensus of judicial opinion seemed to be that Junior Books can not be regarded as laying down any general principle. In Simaan General Contracting v Pilkington (no 2) [1988]Dillon LJ went even further and said that the case had been subject to so much discussion and analysis that the case cannot be regarded as a useful pointer to any development of law. Given the extensive criticism of Junior Books, Llewellyn must be advised that there is little chance of successfully suing Josaih in Tort for the economic loss he has suffered. Dependant on the facts of the question, a remedy may lie in contract. The tortuous liability of Nixon As mentioned previously, the courts have been reluctant to impose a duty of care as regards the careless making of statements as opposed to liability for careless acts.   Applying the three fold test laid out in Hedley (as regards negligent misstatements) to the facts of the question, it appears that none of the constituent categories are satisfied when considering Nixon. It is not evident that, besides being a â€Å"renowned gossip†, Nixon posses any special skills, and it is likewise submitted that he does not have any special knowledge of the transaction in question.   In addition to this, if Nixon is a â€Å"renowned gossip†, then it is submitted that Llewellyn cannot be said to reasonably rely upon his statements, thus failing to fulfil the third requirement of the Hedley Byrne v Heller test. The use of Twitter by Nixon also raises issues with regards to his liability. In Caparo Industries v Dickman [1990] the House of Lords considered the situation where a person puts a statement into general circulation, as opposed to the situation where the defendant is aware of the transaction the plaintiff contemplated, knew the advice would be communicated to the Plaintiff and knew it was likely that the plaintiff would rely on this advice (as, for example in Smith v Eric Bush [1989]). In the former case it was held that no duty would arise as the essential requirement of proximity was missing. It is submitted that this principle can be likewise applied to the present facts. Finally, it is clear from the language in Nixon’s tweet is couched in that of an opinion. As Steven J. Weingarten states: the plaintiffs reliance on a statement will generally not be seen as justifiable if he relies on an opinion as opposed to a statement of fact†. It is therefore concluded that based on the principles discussed, any action taken by Llewellyn against Nixon is likely to fail. Bibliography W. Bishop â€Å"Economic Loss in Tort† 2(1) Oxford Journal of Legal Studies (1982) J. Convery, â€Å"Public or Private? Duty of Care in a Statutory Framework: Stovin v Wise in the House of Lords† 60 (4) Modern Law Review (1997) P. Fargo, â€Å"Current Legislation, Decisions, and Publications†17 Forum 533 (1981-1982) A.L. Goodhart, â€Å"Liability for Innocent but Negligent Misrepresentations† 74(2) Yale Law Journal (1967) W.A. Seavey, â€Å"Principles of Torts† 56 Harvard Law Review (1943) S.J. Weingarten, â€Å"Tort Liability for Nonlibelous Negligent Statements† 93(4) Yale Law Journal (1984) C. Witting, â€Å"Duty of care: An analytical approach† 25 (1) Oxford Journal of Legal Studies (2005)

Thursday, February 27, 2020

Are Management Information Systems needed in youth work Literature review

Are Management Information Systems needed in youth work - Literature review Example I feel the change required for the implementation of a new system is one of the biggest challenges I will face as a manager and that the youth service must research seriously from the beginning. There will be a significant amount of change over the coming years therefore I am very interested to explore whether MIS systems will actually help youth work upon implementation of the new system after managing the huge changes required by the system. How is this relevant to my professional practice? Change is thrust upon youth workers on a regular basis and my dissertation topic, in my opinion, is very relevant to my professional practice as it will test my ability or inability as a manager of managing change. I plan to devise a strategy for innovation and change regarding the way information is collected, evaluated and presented within the youth service covering a two year period based upon my research findings and not on the approach of –a system has been bought we must change ever ything in order to use it immediately. LITERATURE Three course books of Master of Computer Science, Information Technology, were referred most. Internet was also searched for appropriate materials and following result was found. An advance search for â€Å"Research methods† produced about 84,800,000 references, search for â€Å"Management Theories† produced about 36,200,000 references, â€Å"Leadership Styles† produced about 15,400,000 references, â€Å"Change Management† produced about 288,000,000 references, â€Å"Management Information System† produced about 283,000,000 references, and â€Å"Organizational Development† produced about 26,500,000 references. A look up was made in each of the above search one by one and the best from the top was selected. A total number of eleven publications were chosen for reading and collecting further information. FINDINGS I have identified six themes in this section for effective implementation of Manag ement Information System: understanding concepts and deliverables; assessing values and functionalities; methodologies for successful deployment; managing resources; and benefiting from intensive usage; leading staff and managing change. Understanding Concepts and Deliverables A set of components combined together to bring out or produce a desired whole is known as a system. There are many types of systems (Pidwirny 2006). Most systems share many common characteristics but there are three most important components which when integrated together forms a system: Inputs; Process; and Outputs. A system receives inputs; process them with some functionalities; and produces outputs. Information is a processed data, the one which a human mind can easily understand. If a set of numbers are given in a row and column grid as shown in figure 1, it is not possible to understand what this data means and to whom it belongs until the data is processed. If the same data is processed and produced as shown in figure 2, it becomes now possible for every one to understand what this data means and to whom it belongs. This processed data is called Information. â€Å"Data represents facts of any kind. In the process of recording important particulars of any event, it is the discretion of the management, what should be recorded and how it should be presented. When this data is processed or reformatted, it becomes Information. Information is a subset of data which adds to the knowledge.† (Mujaheed 2009) The original source from which information comes or its

Tuesday, February 11, 2020

The Curious Case of Benjamin Button Essay Example | Topics and Well Written Essays - 750 words

The Curious Case of Benjamin Button - Essay Example Scott Fitzgerald. That was when I took the time to read all the 18 pages of the short story, walking away from it in awe of the imagination of the writer and feeling robbed by the way the movie of Brad Pitt disrespected the original. The novel itself was quite interesting because it took place in an era of America that paid all too much attention to the social status of a family in the community. As with the Buttons family in the story, the image of a financially well-to-do family in the community is always coupled with an upstanding name that is cared for over generations. But that was not to be the case with Benjamin. His family became the object of ridicule for many years due to the circumstances of his birth and yet they managed to endure as a familial unit. The character of Benjamin is one whose origin story is quite complex and, in my opinion, lacking in character development and backstory. That is because even though we were introduced to Benjamin as a newborn old man, we neve r found out how such things could occur. If there was no scientific explanation for it as mentioned in the story, perhaps a backstory of a cursed birth or something would have helped. I just found it important as a reader to understand how such a pitiful life could have been bestowed upon an innocent child by the forces of the universe. Surely Benjamin's parents must have done something terribly evil to incur the anger of the gods thus being bestowed with a cursed child right? But I guess F. Scott Fitzgerald did not want to bother or perhaps bore the readers with such backstories. Which is why he also had a tendency to gloss over decades of Benjamin's life for no reason. His glossing over the life of the man-child and not paying attention to greater details of his development leaves one wondering as to why he became the sort of man that he did. It is almost like reading the life of Jesus with the missing 20 years. It just did not make any sense to me. That said, I would have to say that the story still managed to retain the interest of the reader in such a manner that these oversights could easily be forgiven. It did not remove from the enthralling tale of the life of an old man destined to die as a new born at all. It puzzled me though that the mother in the story was never mentioned as I am sure that Benjamin needed to have been born of natural means. So why was the mother not mentioned at all in the story? Did she die during childbirth? Was she driven mad by the sight of the newborn son being old enough to sit on her lap and then some? I imagined the birth would have been horribly painful for her and traumatizing and yet it was never even touched upon in the telling of the early life of Benjamin. Rather there was a concentration on the relationship of the boy and his father who did not accept him for who he was when he was born. The cruelty of a parent during that era of history seems so much that he actually wished his son were born a negro so he could hav e left him at the slave market. That part of the novel I remember reading and thinking, â€Å" What a cruel father he is to want to give away his child under the worst circumstances. He would have probably killed the child if he could have.† After reading the book another time though, I began to get the humor in the writing of Fitzgerald. In fact, one might say that the book was written tongue in cheek since the events has he related them could never take place in real life. Yet as a short story, the concept actually made sense. I mean, if it did not, then Hollywood would not have tried and failed miserably to rip it off. Towards the end of the book, when Benjamin began to grow into his baby years, I could not help