India s Ban On Tobacco Advertising - 849 Words

India in 2001 proposed a ban on tobacco advertisement in an effort to curb tobacco use with adolescents. It was met with sharp criticism from the tobacco industry. However, some saw it as a great move by the government in looking after the welfare of its citizens. I hope to explore in the essay each side’s voice as well as deal with the myriad of issues the government faced upon the bans proposal. Lastly I will give my opinion on what position the government should take. One the main arguments for this proposed ban was that the tobacco industry was targeting children. In fact citing an internal documents from the tobacco industry that referred to 14 to 24 year olds as their targets (Reynold, 2010). Recognizing this report for India was extremely important. Due to the increased health problems of smoking by targeting a younger age bracket they would effectively increase the weight the government had to carry when it comes to providing health care for its citizens. The governmen t also had in its favor the fact that in all but one case smoking use by young people had decreased when these bans where put in effect. The government’s argument for banning tobacco ads can be summed up pretty simply. They were trying to watching out for the safety of their citizens and were working toward the betterment of India. The government had the advantage of being able to take the moral high road and being able to paint the tobacco industry as the â€Å"devil†. The Nays in this case were representedShow MoreRelatedIndia s Tobacco Advertising Ban1018 Words   |  5 PagesIndia s Tobacco Advertising Ban The World Health Organization (WHO) reports that worldwide, five million tobacco users die annually and estimates that one million Indians die each year prematurely from tobacco use (2015). As late at 2009, India was â€Å"the world’s second-largest consumer and third-largest producer of tobacco† (Economist, 2009, p. 5). In an attempt to reduce consumption, India introduced its first adverting ban on tobacco in 1990, followed in 2003 by the Cigarettes and Other TobaccoRead MoreThe Ban On Advertising Tobacco Products885 Words   |  4 PagesThe ban put on advertising tobacco products in India has caused a lot of debates. Some say it violates the constitution, others say it saves lives. Each side sets a valid argument, but which side is right? These bans do not only exist in India. They have been put into action in many different countries as well. Tobacco use kills 5.4 million people a year, averaging at about half of all smokers. (W.H.O.-Facts) I think that everyone is aware of how bad tobacco use is for your health. What peopleRead MoreBan On Tobacco By The Government Of India1078 Words   |  5 PagesBAN ON TOBACCO BY THE GOVERMENT OF INDIA INTRODUCTION According to Brown Williamson Tobacco Corporation â€Å"From an ethical standpoint, it would be wrong to try to cause people to take the risk of smoking. But even beyond the moral issue, for a product such as cigarettes well known to have serious health risks, it would be difficult even to understand how an advertising campaign could be devised to convince people to smoke. India s tobacco problem is very complex; the quote above depicts how ethicallyRead MoreTobacco Advertising And Its Influence On The World971 Words   |  4 Pagesinto the night is the influence of tobacco advertising and its influence on the populous. Recently to join the discourse was the government of India versus the tobacco conglomerates. The Indian government hopes to follow suit of many other nations including: France, Finland, Norway, Canada and New Zealand who already imposed bans on cigarette advertising with successful results. The tobacco industry, however, holds their position that by placing a ban on advertising is controlling the opinion of theRead MoreEthical Challenges Of Tobacco Advertisements1170 Words   |  5 PagesETHICAL CHALLENGES OF TOBACCO ADVERTISEMENTS 1 Ethical Challenges of Banning Indian Tobacco Advertisements Poitier Stringer University of the People ETHICAL CHALLENGES OF TOBACCO ADVERTISEMENTS 2 Ethical Challenges of Banning Indian Tobacco Advertisements The tobacco industry has long presented ethical challenges for governments that are tasked with looking after the public good. Tobacco producers have provided significant revenue for many economies, yet they specialize in the manufacturing and distributionRead MoreThe Ban On Tobacco Advertising987 Words   |  4 PagesOn Feb 6, 2001, Government of India announced a bill banning Tobacco Companies from advertising their products and sponsoring sports and cultural events. The objective was to discourage adolescents from consuming tobacco products and also arm the Government with powers to launch an anti-Tobacco Program. Summarize the arguments for the ban on tobacco advertising in India. Advocates of free choice opposed to these prohibitions, saying these amounted to unwarranted intrusion by the state into theRead MoreThe Argument Against Ban On Tobacco Related Advertising850 Words   |  4 Pagesof the ban on tobacco related advertising in India are plentiful. First, proponents of the ban assert that the state has the right to intervene in the name of public health. Second, there are other precedents for dangerous or potentially dangerous products’ advertising being restricted such as firearms or pharmaceuticals. Third, tobacco related deaths are projected to increase over the next few years and we need to take action to stem the flow of new users. Fourth, youth targeted advertising campaignsRead MoreBan Tobacco Advertising Is The Right Move909 Words   |  4 Pages the Government of India proposed a bill that would place a ban on tobacco ads to discourage the use of tobacco products among the teenagers. This decision gave rise to a huge debate about the et hical responsibility of the government on the use of tobacco products. In this analytical essay, the arguments of the proponents that are both in favor and opposed to the ban will be summarized, while discussing the conflict of interest that exists among the government and the tobacco companies. Lastly,Read MoreBan Tobacco Advertising Is The Right Move908 Words   |  4 Pages the Government of India proposed a bill that would place a ban on tobacco ads to discourage the use of tobacco products among the teenagers. This decision gave rise to a huge debate about the ethical responsibility of the government on the use of tobacco products. In this analytical essay, the arguments of the proponents that are both in favor and opposed to the ban will be summarized, while discussing the conflict of interest that exists among the government and the tobacco companies. Lastly,Read MoreThe Government Of India ( Goi ) Proposed Ban On Tobacco Advertising946 Words   |  4 PagesThe Government of India (GOI) proposed ban on tobacco advertising was not unusual keeping in view the international precedents. Countries like France, Finland, and Norway had already imposed similar bans. An example is Belgium whose Supreme Court (of Appeal in 1981, gave its ruling that a ban on tobacco advertising was not unconstitutional. In a case which started in 1991 and ended in 1997, RJ Reynolds Tobacco Company, marketer of Camel cigarettes, was forced to withdraw its mascot, Joe Carmel, an

Why Does Conflict Arise in Organizations Free Essays

string(33) " reins of controll are strained\." Why does conflict arise in organizations, and how it can be managed ABSTRACT This essay seeks to illustrate how organizational conflict cannot be avoided. It will demonstrate the various ways in which conflict may arise within organizations and classify them into a range of groups. There will be a thorough analysis to show if conflict is positive or negative towards the growth of an organization. We will write a custom essay sample on Why Does Conflict Arise in Organizations or any similar topic only for you Order Now Findings of the previous will then lead to different mechanisms that can be used when managing conflict to ensure positive outcomes in an organization. The aforementioned will be supported by relevant theories, which will assist in reinforcing the validity of this essay. INTRODUCTION In this era of rapid development organizations are formed as a social entity to foster an environment of financial, economic and social growth. Organizations can range from large governmental bodies to small business. Organizations have evolved through different stages, from its birth to maturity. During these stages organizations tend to be adversely affected by crisis of leadership, autonomy, control and bureaucracy. Consequently these crises make conflict unavoidable. Additionally, an organization may be exemplified where two or more individual establish a relationship in order to accomplish and acquire a desired goal. There are various schools of thought as it pertains to conflict including the Traditional View, Human Relations View and the Interactionist View. More so conflict exists at different levels namely Intrapersonal, Interpersonal and Intergroup. However there may be some techniques available to manage conflict like Negotiation, Mediation, Arbitration, Conciliation and Consultancy. The following paragraphs will further explain the scopes of conflict and how it can be managed. CONFLICT It is a process that begins when one part perceives that another party has negatively affected, or is about to negatively affect, something that the first part cares about. [1] An organization is a social arrangement which pursues collective goals, which controls its own performance, and which has a boundary separating it from its environment. [2] Schools of thoughts with regards to conflict: The Traditional View: This view was prevalent in the the 1930’s and 40’s where it was conceived that the existence of conflict can only be harmful to the growth of an organization. Therefore in that era conflict should have been avoided, this resulted in less focus to research on the causes of conflict. The Human Relations View: The human relations position pioneered that conflict was inevitable in all groups and organizations. It could never be eliminated and it also sometimes proves to be beneficial to a group’s performance. This was dominant in the late 40’s and mid 70’s. The Interactionist View: This view encourages the existence of conflict at an ongoing minimum level, enough to keep the group viable, critical and creative. After looking at the above views it will not be feasible to say that conflict is good or bad. It can only be analyzed as bad or good based on the type of conflict. (The schools of thoughts were taken from â€Å"Stephen Robbins, Organizational Behaviour, 10th ed. 2003†) Functional: Interactionist view does not see all conflict as good but those conflicts that supports the goals and improves performance is called functional conflict or constructive conflict. Dysfunctional: On the other hand conflict that is dysfunctional relates to the conflict that promotes alienation, inefficiency and generally has adverse effects on productivity. To know if a conflict is either functional or dysfunctional, the types must be known. Types of Conflict Task Conflict- this relates to the content and goals of the task that is to be performed, Relationship Conflict- this focus on interpersonal relationships, and Process Conflict- this relates to how the task gets done. Studies show that Relationship conflict most of the times turns out to be dysfunctional. Task, relationship or process can perpetrated in the following ways Intrapersonal Conflict occurs within us: when we are at odds with ourselves, when we are torn between choices we need to make, when we are frustrated with our goals or accomplishments. Conflict within us very often leads to conflict with others. Interpersonal Conflict occurs between two or more individuals. We might get into a heated debate in a meeting, get in an argument with a coworker, or have a bad encounter with our boss. This is the type of conflict we are most concerned with in this workshop, although our discussion has bearing on the other types. Intergroup Conflict occurs between groups: nations, gangs, work areas, etc. For example, your department at work might have an ‘us vs. them’ attitude about some other department. Intra/ Interpersonal and Intergroup was taken from a Business Management skills article from Dave Neal found on http://www. scarecrowworkshops. com/b-conflict-management. html The Process of Conflict diagram will help illustrate why conflict arise in organizations, this was taken from Stephen Robbins, Organizational Behaviour, 10th ed. 2003 [pic] Stage 1 shows some of the conditions that has the capacity to develop conflict A break down in communication is significant in contributing to conflict . The true sense of communication is for the receiving party to understand what the sender is communicating in order to attain the right feedback. The bereaucratic nature of an organization facilitate the process of unsuccessful communication. This is so as information passed on to subordinates may be prone to deterioration. This may be so as the subordinate or receiver may not attach the urgency of the message that the sender intended. As such, this reluctance may cause the final message or information to be significantly ambiguous, which would result in conflict. Additionally, another source of conflict is structural factors as it pertains to size, Staff Heterogeneity, Participation, Line-Staff distinction, Reward Systems, Resource Interdependence and Power. In terms of size an organzation tend to operate more effciently and with less conflict when it is small. The manger has more direct influence in the company in terms of supervision and the overseeing of delegated tasks. However where the company grows in size the reins of controll are strained. You read "Why Does Conflict Arise in Organizations" in category "Papers" There may now be increased specialization and bereaucracy. Consequently there may be increased opportunity to for misconception of information and hence conflict. For example, an interview was done at a renowned company, WASA in Trinidad and Tobago. The manager of the Construction Services Department North is responsible for various pipe laying projects therefore it is mandatory for him to retrieve materials for the various projects. The retrieval of these materials does not lie in his hands, thoroughly, but this function is mainly dependent on the Manager of Corporate Services-Supplies to source the right provider of the materials. This process of sourcing these materials may be long at times therefore putting the pipe laying projects sometimes on long delays. Consequently there is the possibility of having conflict between these two managers but note carefully that the structure of certain procedures within the organization is the main cause for the conflict. The issue of staff heterogeneity appears to have an adverse effect as it pertains to conflict. There are many issues which may arise due to differences in staff. For instance the junior staff in a company may feel that the senior staff may be too inflexible. They generally wield more power in organizations and junior staff may be subjected to their redundancy and myopic work approach. Thus conflict may tend to arise. Moreso, Partcipation, in terms of decision making, is a source for conflict. A subordinate may need to be able to express their opinions. Where employees re given a forum to express their decision making opinons it may be noted that conflict is more likely to occur. According to Robbins, an atmosphere of conflict may be created as the employee is unable to prevail with his point of view due to his lack of authority. Futhermore According to Allen 1955, line and staff distinctions may be another cause for conflict. It may be noted that Line units perform tasks that are dir ectly related to the core activities of the organization. However, staff units perform tasks that support the line function. This definition was taken from the book Organizational Behavior by K. W. Thomas. This may be exemplified in the aforementioned WASA scenario where a line unit member involved in the installation of pipe was hampered in carrying out his task. This may result in conflict as the staff unit may be removed and not place as much emphasis on the centralized operations of the company as a line member. It may be also noted that conflict may arise in terms of reward systems. This refers to the fact that one party may receive a reward at the expense of the other. As such conflict would tend to arise. and that i Personal Variables, this is basically personality differences. An important factor is found in stage 2 due to the fact that the antecedents of conflict must be perceived or felt. This is so because all the possibilities in stage 1 could occur but the feelings associated with stage 2 may not necessarily transpire. Further observation of the above diagram with regards to stage 3, which are techniques to handle conflict can also encourage conflict, for instance competing (this speaks for itself) and also avoiding due to the fact that the matter is never resolved leaving the parties unsatisfied and also no growth was made towards achieving the organizations’ goals. In Addition stage 4 can also promote conflict depending on what happened in the previous stage. If the conflict handling techniques (stage3) was destructive then behaviours (stage 4) may be verbal attacks, threats and ultimatums, aggressive physical attacks or overt efforts to terminate the other party. Therefore it can be analyzed that stage 3 can also initiate more conflict. There are other major fields of study within organizational behaviour that can be a recipe for conflict. Some of these are as follows. Job Satisfaction- Job satisfaction is an integral aspect in organizational conflict. The employee needs to feel truly a part of the company and that his contribution is instrumental to the company’s progress. He must also feel challenged by his work load and not bogged down by mundane and alienating tasks. Personalities and emotions- (express on this factor and mention the following in the right context) there is the Myers- Briggs Type Indicator (a test of 100 questions that asks people how they react to a certain situation and then this break down into sixteen personality types. 3] Leadership skills- this is where studies were done analyzing the type of employees to see what type of leadership skill will be best suited in order to facilitate an ambiance of little conflict/ functional conflict thus enhancing the organization’s performance. Hersey and Blanchard’s situational theory reiterate this. In other terms if a manager does not have the right type of leaders hip skills to suit his staff conflict can occur. Organizational Change- if change is not accepted this can cause conflict especially if this change affects the culture of an organization. For example, a technology change may cause conflict if workers perceive they are not ready to handle it. (use other examples) Techniques to Manage Conflict Conflict may be managed If conflicts results in destructive outcomes then it must be managed. The various ways of managing conflict are Negotiation- this is a process in which two or more parties exchange goods or services and attempt to agree on the exchange rate for them. [4] Mediator- A neutral third party who facilitates a negotiated solution by using reasoning, persuasion, and suggestions for alternatives. Arbitrator- this involves a third party to a negotiation who has the authority to dictate an agreement. Conciliator- A trusted third party who provides an informal communication link between the negotiator and the opponent. Consultant- an impartial third party, skilled in conflict management, who attempts to facilitate creative problem solving through communication and analysis. The definition s of the former four was taken from Organizational Behaviour, Stephen Robbins, 2003. Also the positive ways of handling conflict (stage3 of the diagram) Collaborate, Compromise and Accommodate (expand on these points) Other ways are Superordinate goals; this is creating a shared goal that cannot be attained without the working together of the conflicting groups. Smoothing- de-emphasizing on differences while looking at the common interest. Behavioural Change techniques can be used to alter personality. Structural Change Techniques can be used to avoid interactions between the conflicting groups Conclusion In conclusion conflict in an organization is inevitable. In essence, in the 1930’s and 40’s the Traditional View enveloped that all conflict as destructive and hence should be avoided at all cost. Additionally conflict is unavoidable in all organizations and it can never be eliminated. It has been proposed that conflict may also be advantageous to a group’s performance. The aforementioned denoted the Human Relations View which was prevalent among the late 1940’s and mid 1970’s. Moreover, the interactionist view states that a minimal level of conflict is necessary for the stimulation of creativity. Furthermore conflict can operate on various levels namely Interpersonal, Intrapersonal and Intergroup. It is caused mainly through communication, structural and personal behaviour factors. Communication factors pertain to the distortion of information along the communication line. Structural factors that lead to conflict may include size, staff heterogeneity, participation, line staff distinctions, Reward systems, Resource Interdependence and Power. Bibliography The following was taken from http://en. wikipedia. org/wiki/Conflict and can be redone from an organizational perspective Conflict is a state of opposition, disagreement or incompatibility between two or more people or groups of people, which is sometimes characterized by physical violence. Military conflict between states may constitute war. [edit] Definitions In political terms, â€Å"conflict† refers to an ongoing state of hostility between two or more groups of people. Conflict as taught for graduate and professional work in conflict resolution commonly has the definition: â€Å"when two or more parties, with perceived incompatible goals, seek to undermine each other’s goal-seeking capability†. One should not confuse the distinction between the presence and absence of conflict with the difference between competition and co-operation. In competitive situations, the two or more parties each have mutually inconsistent goals, so that when either party tries to reach their goal it will undermine the attempts of the other to reach theirs. Therefore, competitive situations will by their nature cause conflict. However, conflict can also occur in cooperative situations, in which two or more parties have consistent goals, because the manner in which one party tries to reach their goal can still undermine the other. A clash of interests, values, actions or directions often sparks a conflict. Conflicts refer to the existence of that clash. Psychologically, a conflict exists when the reduction of one motivating stimulus involves an increase in another, so that a new adjustment is demanded. The word is applicable from the instant that the clash occurs. Even when we say that there is a potential conflict we are implying that there is already a conflict of direction even though a clash may not yet have occurred. [edit] Types and Modes of Conflict A conceptual conflict can escalate into a verbal exchange and/or result in fighting. Conflict can exist at a variety of levels of analysis: †¢ intrapersonal conflict (though this usually just gets delegated out to psychology) †¢ interpersonal conflict †¢ emotional conflict †¢ group conflict †¢ organizational conflict †¢ community conflict †¢ intra-state conflict (for example: civil wars, election campaigns) †¢ international conflict †¢ environmental resources conflict †¢ intersocietal conflict †¢ intra-societal conflict †¢ ideological conflict †¢ diplomatic conflict †¢ economic conflict †¢ military conflict religious-based conflict (for example: Center For Reduction of Religious-Based Conflict) Conflicts in these levels may appear â€Å"nested† in conflicts residing at larger levels of analysis. For example, conflict within a work team may play out the dynamics of a broader conflict in the organization as a whole. (See Marie Dugan’s article on Nested Conflict. John Paul Lederach has also written on this. ) Theorists have claimed that parties can conceptualise responses to conflict according to a two-dimensional scheme; concern for one’s own outcomes and concern for the outcomes of the other party. This scheme leads to the following hypotheses: †¢ High concern for both one’s own and the other party’s outcomes leads to attempts to find mutually beneficial solutions. †¢ High concern for one’s own outcomes only leads to attempts to â€Å"win† the conflict. †¢ High concern for the other party’s outcomes only leads to allowing the other to â€Å"win† the conflict. †¢ No concern for either side’s outcomes leads to attempts to avoid the conflict. In Western society, practitioners usually suggest that attempts to find mutually beneficial solutions lead to the most satisfactory outcomes, but this may not hold true for many Asian societies. Several theorists detect successive phases in the development of conflicts. Often a group finds itself in conflict over facts, goals, methods or values. It is critical that it properly identify the type of conflict it is experiencing if it hopes to manage the conflict through to resolution. For example, a group will often treat an assumption as a fact. The more difficult type of conflict is when values are the root cause. It is more likely that a conflict over facts, or assumptions, will be resolved than one over values. It is extremely difficult to â€Å"prove† that a value is â€Å"right† or â€Å"correct†. In some instances, a group will benefit from the use of a facilitator or process consultant to help identify the specific type of conflict. Practitioners of nonviolence have developed many practices to solve social and political conflicts without resorting to violence or coercion. [edit] Examples †¢ Approach-avoidance conflict is an example of intrapersonal conflict. †¢ The Vietnam Conflict is commonly regarded as a war. †¢ The Arab-Israeli conflict forms a historic and ongoing conflict between Israel and Arab interests. See also Israeli-Palestinian conflict. The Catholic-Protestant conflict in Northern Ireland furnishes an example of another notable historic conflict. For information on the conflict, see the Troubles, Bloody Sunday (Northern Ireland 1972), the 1974 Dublin and Monaghan Bombings and the 1998 Omagh bombing. †¢ Many conflicts have a supposedly racial or ethnic basis. This would include such conflicts as the Bosnian-Croatian conflict (see Kosovo), the conflict in Rwanda. †¢ Class conflict forms an important topic in much Marxist thought. †¢ Another type of conflict exists between governments and guerrilla groups or groups engaged in asymmetric warfare. = [edit] Causes of Conflict Structural Factors (How the company is set up) †¢ Specialization (The experts in fields) †¢ Interdependance (A company as a whole can’t operate w/o other departments) †¢ Common Resources (Sharing the same secretary) †¢ Goal Differences (One person wants production to rise and others want communication to rise) †¢ Authority Relationships (The boss and employees beneath him/her) †¢ Status Inconsistencies †¢ Jurisdicational Ambiguities (Who can discipline who) Personal Factors †¢ Skills and Abilities †¢ Personalities †¢ Perception Values and Ethics †¢ Emotions †¢ Communication barriers †¢ Cultural Differences â€Å"Conflict is an emotionally defined and driven,† and â €Å"does not exist in the absence of emotion. † There are many components to the emotions that are intertwined with conflict. There is a behavioral, physiological, cognitive component. †¢ Behavioral- The way emotional experience gets expressed which can be verbal or non-verbal and intentional or un-intentional. †¢ Physiological- The bodily experience of emotion. The way emotions make us feel in comparison to our identity. Cognitive- The idea that we â€Å"assess or appraise† an event to reveal its relevancy to ourselves. These three components collectively advise that â€Å"the meanings of emotional experience and expression are determined by cultural values, beliefs, and practices. † †¢ Cultural values- culture tells people who are a part of it, â€Å"Which emotions ought to be expressed in particular situations† and â€Å"what emotions are to be felt. † †¢ Physical- This escalation results from â€Å"anger or frustration. â⠂¬  †¢ Verbal- This escalation results from â€Å"negative perceptions of the annoyer’s character. There are several principles of conflict and emotion. †¢ 1. Conflict is emotionally Defined-conflict involves emotion because something â€Å"triggers† it. The conflict is with the parties involved and how they decide to resolve it â€Å"Events that trigger conflict are events that elicit emotion. † †¢ 2. Conflict is emotionally Valenced- Emotion levels during conflict can be intense or less intense. The â€Å"intensity† levels â€Å"may be indicative of the importance and meaning of the conflict issues for each† party. †¢ 3. Conflict Invokes a Moral Stance- When an event occurs it can be interpreted as moral or immoral. The judging of this morality â€Å"Influences one’s orientation to the conflict, relationship to the parties involved, and the conflict issues†. †¢ 4. Conflict is Identity based- Emotions and Identity are a part of conflict. When a person knows there values, beliefs, and morals they are able to determine whether the conflict is personal, relevant, and moral. â€Å"Identity related conflicts are potentially more destructive. † †¢ 5. Conflict is Relational- â€Å"conflict is relational in the sense that emotional communication conveys relational definitions that impact conflict. † â€Å"Key relational elements are power and social status. Emotions are acceptable in the workplace as long as they can be controlled and utilized for productive organizational outcomes. – Bibliography ———————– [1] K. W. Thomas, â€Å"Conflict and Negotiation Process in Organizations,† in Dunnette and Hough (eds. ), Handbook of Industrial and Organizational Psychology, 2ne ed. , vol. 3, 1992 [2] http://en. wikipedia. org/wiki/Organization [3] R. R Mc Crae and T. Costa, Reinterpreting the Myers- Briggs Type indicator from the perspective of the five factor model of personality, Journal of Personality, March 1989 [4] J. A. Wall, Jr. , Negotiation: Theory and Practice, 1985 ———————– Antecedent Conditions Communication Structure Personal Variables Perceived Conflict Felt Conflict Conflict Handling Intentions Competing Collaborating Compromising Avoiding Accommodating Overt Conflict Party’s Behaviour Other’s Reaction Increased Group Performance Decreased Group Performance Stage 1 Potential Opposition or Incompatibility Stage 2 Cognition and Personalization Stage 3 Intentions Stage 4 Behaviour Stage 5 Outcomes How to cite Why Does Conflict Arise in Organizations, Papers

Case Study of Mactools Ltd-Free-Samples for Students-Myassignment

Question: Discuss about the Case Study of Mactools Ltd. Answer: Issues: As per the facts of the case there are several issues that have arisen. Such issues area as follows: Whether MacTools Ltd is liable for the accident and the injury received by Aurora. Whether Aurora is entitled to receive compensation for the said damage. Whether MacTools Ltd is liable for negligence. Whether Jessie can bring claim against MacTools Ltd with regards to the damage she received. Legal Rules: As per the facts of the case the case is of Negligence. MacTools Ltd was negligent in its act and shall be liable under law of torts and Civil Liability Act of 2002. To prove that the company was liable for the act of negligence then the Plaintiff must fulfill the following essential elements of negligence (Martin, 2016). When one party acts in a careless manner and causes harm or injury to other, such person is said to have acted negligently. The doctrine of negligence is that principle of tort where a person who has acted carelessly which a prudent person would have not done in such circumstances is legally liable for the harm, injury or damage made to the other person. In the case of negligence the parties to the dispute may settle the dispute within them or may enter into litigation through filing a personal injury suit. Therefore, it can be said that a negligence is an act where a person has failed to take due or reasonable care which any other ordinary man would have taken in the such circumstance and causes harm or injury and is liable to pay damages (Higginson, 2015). Thus, to determine whether the person has acted negligently and the damage received by the other person for the negligently act, the essential elements of negligence must be fulfilled. The elements of negligence are as follows: Duty of care: The plaintiff who has charged the defendant for the act of negligence must prove that the defendant has the responsibility of reasonable care and the reasonable care must be towards the plaintiff. The defendant should have an obligation towards the plaintiff and acted with reasonable care. The plaintiff also needs to fulfill that as the defendant has failed to take due care towards the plaintiff which a reasonable man would have taken in such situation. In the case of Donoghue v Stevenson1, the court has established the legal principle as to the case of negligence in determining whether the defendant owed duty of care towards the defendant. In test for the determination of the duty of care, the court must determine that the harm received by the plaintiff for the act of the defendant is reasonably foreseeable; there plaintiff and the defendant must be in a relationship of proximity (Stickley, 2016). In Australia Grant v Australian Knitting Mills is the landmark judgment on the development of the negligence law in Australia. In the given case, MacTools owes a duty of care towards Mulan who has bought the power drill, if the company would have taken reasonable care in making Mulan known to the facts that while working with the power drill Mulan should use a goggles (Cane Atiyah, 2013). Breach of duty: Next, the court will hope to see whether the respondent broke this obligation by doing (or not accomplishing something) that a "sensibly judicious individual" would do under comparable conditions. The expression "sensibly reasonable individual" alludes to a lawful standard that speaks to how the normal individual would dependably act in a specific circumstance. Factual Causation: For a litigant to be held, it must be demonstrated that the specific acts or exclusions were the reason for the misfortune or harm sustained. Although the idea sounds straightforward, the causation between one's breach of obligation and the mischief that outcomes to another can on occasion be extremely complicated. The fundamental test is to ask whether the damage would have happened 'but for', or without, the defendants breach for the obligation owed to the harmed party. In Australia, the High Court has held that the 'but for' test is not the select trial of causation since it cannot address a circumstance where there is more than one reason for damage. When 'but for' test is not fulfilled and the case is an excellent one, a realistic test ('Whether and Why' test) will be applied. Even more accurately, if a rupturing party substantially builds the danger of mischief to another, at that point the rupturing gathering can be sued to the estimation of damage that has been caused. Damages: The last component of a negligence case is damages. This component requires that the court have the capacity to repay the offended party for his or her damage - more often than not through financial pay for costs, for example, therapeutic care or property repair. Negligence is also guided by the provisions of Civil Liability Act 2002 of Australia. Te elements which proves the case of negligence is same that of the common law (Mitchell, 2014). Application: In the given case Mac Tools has the duty of reasonable care towards Mulan and the close neighbor of him. Therefore, it was the duty of MacTools to aware Mulan before using it. MacTools has also did not disclose the fact that if the power drill is used more than 5 min it can burst. Therefore, this act of the MacTools Ltd was an act of negligence. MacTools has conducted a breach of his duty towards Mulan. This is also prove that the element of factual causation where the injury received to Aurora was the direct result of the negligent act on the part of the MacTools Ltd. However, MacTools is not liable for the damage received by Jessie as the damage was not the direct result of the act of MacTools power drill. Conclusion: Therefore, MacTools shall be liable to pay damage as the consequence of the act of negligence. As per the analysis made above MacTools Ltd has acted negligently and thus shall be liable under the law of torts as well as the Civil Liability Act 2002 of the legislation of Australia. Bibliography: Martin, K. (2016). Topical matters pertaining to the tort of negligence-the attribution of blame.Brief,43(7), 38. Higginson, S. (2015). Global focus: Climate change litigation: Landmark dutch ruling raises questions for Australia.LSJ: Law Society of NSW Journal, (15), 22. Stickley, A. P. (2016).Australian Torts Law. LexisNexis Butterworths. Cane, P., Atiyah, P. S. (2013).Atiyah's accidents, compensation and the law. Cambridge University Press. Simons, K. W. (2015). Victim Fault and Victim Strict Responsibility in Anglo-American Tort Law.Journal of Tort Law,8(1-2), 29-66. Owen, D. (2014).Products Liability Law, 3d (Hornbook Series). West Academic. Lamont, S., Stewart, C., Chiarella, M. (2016). Decision-making capacity and its relationship to a legally valid consent: ethical, legal and professional context.J Law Med,24, 371-386. Mitchell, P. (2014).A History of Tort Law 19001950(Vol. 8). Cambridge University Press.

Censorship Essays (1412 words) - Cryptographic Software,

Censorship During the last decade, our society has become based on the sole ability to move large amounts of information across great distances quickly. Computerization has influenced everyone's life in numerous ways. The natural evolution of computer technology and this need for ultra-fast communications has caused a global network of interconnected computers to develop. This global network allows a person to send E-mail across the world in mere fractions of a second, and allows a common person to access wealths of information worldwide. This newfound global network, originally called Arconet, was developed and funded solely by and for the U.S. government. It was to be used in the event of a nuclear attack in order to keep communications lines open across the country by rerouting information through different servers across the country. Does this mean that the government owns the Internet, or is it no longer a tool limited by the powers that govern. Generalities such as t! hese have sparked great debates within our nation's government. This paper will attempt to focus on two high profile ethical aspects concerning the Internet and its usage. These subjects are Internet privacy and Internet censorship. At the moment, the Internet is epitome of our first amendment, free speech. It is a place where a person can speak their mind without being reprimanded for what they say or how they choose to say it. But also contained on the Internet, are a huge collection of obscene graphics, Anarchists' cookbooks, and countless other things that offend many people. There are over 30 million Internet surfers in the U.S. alone, and much is to be said about what offends whom and how. As with many new technologies, today's laws don't apply well when it comes to the Internet. Is the Internet like a bookstore, where servers can not be expected to review every title? Is it like a phone company who must ignore what it carries because of privacy; or is it like a broadcast medium, where the government monitors what is broadcast? The problem we are facing today is that the Internet can be all or none of the above depending on how it is used. Internet censorship, what does it mean? Is it possible to censor amounts of information that are all alone unimaginable? The Internet was originally designed to "find a way around" in case of broken communications lines, and it seems that explicit material keeps finding its "way around" too. I am opposed to such content on the Internet and therefore am a firm believer in Internet censorship. However, the question at hand is just how much censorship the government impose. Because the internet has become the largest source of information in the world, legislative safeguards are indeed imminent. Explicit material is not readily available over the mail or telephone and distribution of obscene material is illegal. Therefore, there is no reason this stuff should go unimpeded across the Internet. Sure, there are some blocking devices, but they are no substitute for well-reasoned law. To counter this, the United States has set regulations to determine what is categori! zed as obscenity and what is not. By laws set previously by the government, obscene material should not be accessible through the Internet. The problem society is now facing is that cyberspace is like a neighborhood without a police department. "Outlaws" are now able to use powerful cryptography to send and receive uncrackable communications across the Internet. Devices set up to filter certain communications cannot filter that which cannot be read, which leads to my other topic of interest: data encryption. By nature, the Internet is an insecure method of transferring data. A single E-mail packet may pass through hundreds of computers between its source and destination. At each computer, there is a chance that the data will be archived and someone may intercept the data, private or not. Credit card numbers are a frequent target of hackers. Encryption is a means of encoding data so that only someone with the proper "key" can decode it. So far, recent attempts by the government to control data encryption have failed. They are concerned that encryption will block their monitoring capabilities, but there is nothing wrong with

Free Essays on Gambling in Baseball

DATE RAPE 90 percent of all rapes are never reported; in those that are reported about 60% of the victims know their assailants. Approximately 7,000 students on 32 campuses and found that one in eight women were the victims of rape. One in every twelve men admitted to having forced woman to have intercourse or tried to force a woman to have intercourse through physical force; that is, admitted to raping or attempting to rape a woman. Virtually none of these men, however, acknowledged to themselves that they had been raped. How Does Date Rape Usually Occur? Typically when a woman is alone with a man. Alcohol and drugs. Mixed signals. Acquaintance rape is often spontaneous, but many are planned, some days in advance. What You Can Do to Avoid Situations That Might Lead to Date Rape Examine your feelings about sex. Set sexual limits. Decide early if you would like to have sex. Do not give mixed messages; be clear. (Say â€Å"yes† when you mean â€Å"yes† and â€Å"NO† when you mean NO. Be alert to other unconscious messages you may be giving. Be forceful and firm. Be independent and aware on your dates. Do not do anything you do not want to just to avoid a scene or unpleasantness. Be aware of specific situations in which you do not feel relaxed and in charge. If things start to get out of hand, be loud in protesting, leave, go for help. Trust your gut-level feelings. Be aware that alcohol and drugs are often related to acquaintance rape. Avoid falling for such lines as â€Å"You would if you loved me.† If you are unsure of a new acquaintance, go on a group or double date. Have your own transportation, if possible, or taxi fare. Avoid secluded places where you are in a vulnerable position. Be careful when you invite someone to your home or you are invited to his home. Examine your attitudes about money and power. Think about the pros and cons of dating much older men. Socialize with people who share your... Free Essays on Gambling in Baseball Free Essays on Gambling in Baseball DATE RAPE 90 percent of all rapes are never reported; in those that are reported about 60% of the victims know their assailants. Approximately 7,000 students on 32 campuses and found that one in eight women were the victims of rape. One in every twelve men admitted to having forced woman to have intercourse or tried to force a woman to have intercourse through physical force; that is, admitted to raping or attempting to rape a woman. Virtually none of these men, however, acknowledged to themselves that they had been raped. How Does Date Rape Usually Occur? Typically when a woman is alone with a man. Alcohol and drugs. Mixed signals. Acquaintance rape is often spontaneous, but many are planned, some days in advance. What You Can Do to Avoid Situations That Might Lead to Date Rape Examine your feelings about sex. Set sexual limits. Decide early if you would like to have sex. Do not give mixed messages; be clear. (Say â€Å"yes† when you mean â€Å"yes† and â€Å"NO† when you mean NO. Be alert to other unconscious messages you may be giving. Be forceful and firm. Be independent and aware on your dates. Do not do anything you do not want to just to avoid a scene or unpleasantness. Be aware of specific situations in which you do not feel relaxed and in charge. If things start to get out of hand, be loud in protesting, leave, go for help. Trust your gut-level feelings. Be aware that alcohol and drugs are often related to acquaintance rape. Avoid falling for such lines as â€Å"You would if you loved me.† If you are unsure of a new acquaintance, go on a group or double date. Have your own transportation, if possible, or taxi fare. Avoid secluded places where you are in a vulnerable position. Be careful when you invite someone to your home or you are invited to his home. Examine your attitudes about money and power. Think about the pros and cons of dating much older men. Socialize with people who share your...

Literacy narrative Essay Example | Topics and Well Written Essays - 500 words

Literacy narrative - Essay Example Further, even writing an essay about our experiences after a school trip was also difficult for me for the same forgetfulness. More recently after high school, I decided to get a casual job and save some money since I was not keen to join college immediately. However, that is when I realized the seriousness and implications of my reading and writing challenges. Although I was only seeking casual jobs that did not require strict academic of professional qualifications, I did not pass a single interview. The questions asked were directly related to what I was supposed to do on a day to day basis and had very little academic significance. However, in as much as I had the correct answers, I could not organize them in a logical and comprehensive manner. I later came to learn that my answers were received with skepticism because they were considered a reflection of the way I would conduct myself and perform my duties. After a third interview at the same job, a friend of mine who worked in the human resources of the company advised me to consider improving my communication skills. This came as a surprise, because although I knew I had researched enough on the job I had applied for, I had realized that the problem was how I presented my ideas. I inadvertently found myself remembering the problems I had speaking in front of the class and while at it, I strangely remembered my days as a younger kid when I enjoyed reading Dr. Seuss. Somehow, in those earlier days I could tell the story to other kids without a problem. Reflecting on that, I convinced myself that it is something I can do again despite the many years that had gone by. As an adult who has missed several jobs because of being unable to communicate my ideas, I realize that it is costly not to address the problem. Therefore, I have decided to go to college particularly to learn communication skills. Equally important, I need to learn how to

Internet is good for human life Essay Example | Topics and Well Written Essays - 500 words

Internet is good for human life - Essay Example Only because of internet, we are able to interconnect communication entities and information systems all over the world. Internet has made it possible to pass on a vast range of information and services such as electronic mails. A network connects computers and other devices through communication channels. Network allows communication between users and it facilitates sharing of resources among users. With the help of computer networks information and resources can shared among users who are interconnected. Internet is a very convenient tool for the computer users. Through internet, one can interact with whomsoever him want provided that other person have internet connection. It is very easy to use and an encyclopedia of information. To be connected it is very easy, a broadband connection or USB modem is enough for user. With the help of internet one can get all the things in a remote place also. Rural and urban divide has diminished because of internet. Acohill has aptly pointed out the dynamics of internet. He says â€Å"in rural communities, the Internet has broken the chains of rural isolation and dramatically improved the quality of life in areas like shopping† (1999). Internet has brought the world at a click away from one’s computer. One can transfer money online, reserve a flight ticket online and could easily get information about developments taking place all over the world. Social networking services like Facebook, Twitter has really altered modes of human interactions. Above main factor, which has contributed in spread of Internet, is its affordability. To get internet connection is very cheap. Benefits are hundred times more than the cost and because of it, use of Internet has spread like wildfire. Latest data of internet users shows around 28.7% people use internet all over the world. Between 2000 to 2010 internet users all over the world have been increased by 444.8%. Growing use of Internet