Effects of Smoking on the Human Body Essay Example | Topics and Well Written Essays - 750 words

Effects of Smoking on the Human Body - Essay Example Once inhaled, carbon monoxide reaches the blood stream through the lungs and alveoli, it binds to the hemoglobin portion of the red blood cells, forming a stable compound called carboxyhaemoglobin (COHb). The stability of the compound is due to the fact that hemoglobin has a 200–250 times higher affinity for carbon monoxide than it has for oxygen. Thus, the oxygen-carrying capacity of the hemoglobin is reduced, limiting oxygen supply to cells and tissues. The diseases caused by limited oxygen in the blood include cardiovascular disease, stroke, and circulatory problems. Tar on the other hand, accumulates in the lung, causing the inflammation of the mucous membrane of the bronchi, the trachea, and the bronchioles, damages the lungs, reduces the size of the airway. Smoke thus interferes with the functioning of the respiratory system and causes chronic bronchitis and persistent cough. Tar also damages the cilia on the upper portions of the respiratory system and increases phlegm production. Finally, the chemicals in smoke damage the lungs, reduce lung surface area and affect the alveoli’s’ functionality. Lung cancer, Chronic Obstructive Pulmonary Disease (COPD), mouth and throat cancer, and increased asthma symptoms are the other respiratory effects of smoking (National Cancer Institute, 2008). ... One of the mechanisms by which smoking leads to elevated CO2 levels in the blood is that the harmful chemicals in the smoke damages the alveoli of the lungs. This damage implies that the CO2 formed in other parts of the body and transported to the lungs for elimination is not efficiently eliminated at the alveoli surfaces, leading to increased levels of CO2 in the blood. How Smoking Affects other Organ Systems Besides the respiratory system, smoking affects other organ systems such as the circulatory system. In this system, smoking causes the blood clotting, blockages and narrowing of blood vessels, increased risks of strokes and heart attacks, increased blood pressure, palpitations. These conditions cause various infections that might require procedures such as amputation. The nervous system and the brain are also affected by tobacco smoking, which decreases oxygen supply to the brain as hemoglobin combines with carbon monoxide. The normal functioning of the CNS is affected as delic ate nerve endings are damages and blood supply interfered with (The New York Times, 2002). Additionally, smoking causes attention deficit and memory problems. The immune system is also affected by the tobacco toxins that enter the body via smoking so that the functioning of the white blood cells is impaired. Thus, the body becomes vulnerable to infections. The reproductive system is also not spared by smoking, which may cause erectile dysfunction, impotency, sterility, menopause, and low weight births. Correlating Cellular Respiration with the Respiratory System The correlation between cellular respiration and the respiratory system is rather clear. For instance, minus cellular respiration in the lungs,

Herpert Simon Essay Example | Topics and Well Written Essays - 3000 words

Herpert Simon - Essay Example These observations lead to Simon’s rejection of the classical economic assumption of prefect-knowledge and to derive â€Å"bounded rationality† in decision making (Simon, etal, 1987). â€Å"In (‘On how to decide what to do’) (Simon) claims, rightly, that traditional economics has too often been concerned with what decisions are made rather than how they are made.† (Hunt 1) How decisions are made is a better real world indicator of how resources are allocated, which is the study of economics. (Hunt 2) Simon’s interest was in how man processes the limited available information and with imperfect logic. Bounded rationality â€Å"refers to peoples limited ability to make comparisons, to see into the future, and, more generally, to process information†. (Cyret 63) Simon created the term â€Å"satisficing†, presumably a hybrid term mixing satisfying and sufficing, to indicate achieving the perceived best position with imperfect informa tion. Preferring a blend of thinking, laboratory work and empirical observations of thinking and decision making, Simon wanted economists to get out of the think tanks and go observe business people making decisions. (Cyret) Simon started with the conviction that human rationality was bounded externally by social constraints and internally by cognitive restraints (Sent 227). People were not truly free to make decisions since conformity and possibility were unquantifiable constraints in the process. Bounded rationality was not concerned with symmetry or macroeconomic functions at all. It is a decision making and problem solving theory not meant to strengthen neoclassical economic thought like Nash’s game theory which Simon considered crude and incomplete. In Simon’s theory, quantification is used to enhance rationality, not create it. The management situation sets the conditions for rational thought; therefore some actions are predisposed to be viewed as nonworking solu tions (Mankelwicz 60). Common sense, or heuristics, actually applies available metrics as a screening tool. â€Å"Human perception may be as bounded in scope as our rationality†. (Mankelwicz 63). Quantitative results may be viewed as symbols, talisman. Managers may experience numbers as moral symbols, guideposts (Mankelwicz 64) Technical rationality, degree of quantification, economic, social, legal politics and political stakeholders, although largely invisible, impact the final decision, certainly the reasonable solution possibilities (Mankelwicz 65). Simon studied bounded rationality, the decision making process, under several disciplines allowing him to consider â€Å"decomposability†, the breakdown of problems into hierarchies, the systems of considering means and ends to reach a decision (Augier & Frank 584). Applying rationality, people cannot have perfect information. So, the decision making process is like the scientific methods of laboratory testing and field data collection. Neither is the sole path to truth. Neither is the sole source of perfect decisions. (Hunt 2) Managers must reach decisions through satisficing, that is being at least as optimal as the competition. It is possible the cost of optimization is greater than the reward. (Hunt 2) As early as the 1960’s, theories of systems were forming. â€Å"A system may be defined as an orderly grouping of separate but interdependent components for the purpose of attaining

Eye Injury Risk from Water Stream Impact Essay Example for Free

Eye Injury Risk from Water Stream Impact Essay

Imagine a Brave New World Essays -- Brave New World

Imagine a Brave New World  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚      Imagine living in a world without mothers and fathers, a place in which all those around you are human clones with no personality, a vast array of people that are not seen as individuals but a social body. This society results from the absence of spirituality and family, the obsession with physical pleasure, and the misuse of technology. The society described above, becomes a reality in A Brave New World, a novel depicting how the advancement of science effects humanity. A Brave New World takes place in 632 A.F.(after Henry Ford, inventor of assembly lines), many years after civilization started to be controlled. Civilization is reconstructed into a new society after a global nine year war. The war was so brutal and tiresome, that the people decide to control the world's actions through means of science. The society predetermines human embryos to certain levels of intelligence, and chemically eliminates becoming sick or old. Children are placed in different castes to decide divisions in labor. The five castes are Epsilons, Betas, Gammas, Deltas and Alphas, with Alphas being the highest caste. To determine which caste they are placed in the children are given or denied certain skills and capabilities. The controllers rule the civilization though conditioning, behavioral engineering, and certain mind altering drugs called 'Somae'. The Ten controllers of the world states determine all the rules of the society. The societies dictorial government has chos en machinery, medicine and happiness over God. The citizens choose happiness and stability over freedom and individuality. Without sin and imperfection the citizens are nothing but robots in this Utopian world,a society built on b... ... dilemma in exchanging happiness for freedom and art to gain stability and control over the people of A Brave New World. A Brave New World is very enlightening and thought provoking as it talks about what it means to be human. The price that many people must give up in order gain absolute happiness and stability is freedom, love and religion, aspects of life too precious to omit. There is no war or disease to deal with, but the people don't have the chance to experience art, love and history. Through sacrificing and eliminating these aspects of life, a citizen is robbed of the opportunity to enjoy a well-rounded, mistake-making, lesson-learning, quality life. The aspired goal achieved from giving up freedom, love and religion seems appealing and rewarding, but the reality of the effects on humanity is proven devastating in Aldous Huxley's A Brave New World.   

Management challenges for the 21st Century

What Are Three 21st Century Challenges in Strategic Management? Answer Many challenges face a manager in the 21st century. A looming challenge in strategic management right now is globalization. Another is a volatile world economy. A third challenge in 21st century strategic management is the ever changing environment of government regulations, both domestically and internationally. Globalization Globalization is the international integration of intercultural ideas, perspectives, products/services, culture, and technology.Ethics and GovernanceEthics is at the core of corporate governance, and management must reflect accountability for their actions on global community scale. Diversity Globalization demands a diverse work force, and assimilating varying cultures, genders, ages, and dispositions is of high value. Career Success and Personal Fulfillment Career success and fulfillment hinges on effective human resource management, the practice of empowering employees with the necessary t ools and skills. Technology Technology management is crucial in offsetting the risks of new technology while acquiring the operational benefits the technology provides.Competition Managers must understand a company's competitive advantage, and translate this into a strategy that incorporates the competitive landscape. A Framework for Considering Challenges: PESTEL The PESTEL framework highlights six critical factors for management to consider when approaching the general business environment. A Look at the Managers of Tomorrow Posted on August 25, 2009by greatworkplace Randstad recently published an excellent report on the Managers of Tomorrow, including some fascinating statistics and observations on what our managerial landscape might look like in the future.In his book, â€Å"The Future of Management,† Gary Hamel argues that the secret to long-term business success is â€Å"not operational excellence, technology breakthroughs, or new business models, but management innova tion–new ways of mobilizing talent, allocating resources, and formulating strategies. † We’ll take a look at some predictions for the future and how we might be able to influence them. Who wants to be a supervisor? According to Randstad’s report, current employees have mixed feelings about the quality of managers currently, but their outlook of future supervisors looks somewhat bleak.The report goes on to suggest that â€Å"It’s clear that finding and preparing the next generation of managers is rapidly becoming one of the most critical business needs in the modern workplace. † The problem: future generations of employees aren’t embracing the role of a manager. â€Å"Employees watch their managers and see long hours, loads of new responsibilities and not much more money. Increased stress is the number one reason employees don’t want to become managers. † What attracts employees to a manager role?We’ve established t hat future generations might not currently embrace the role of a manager, but Ranstad’s report does provide some insight on what employees do find attractive about being a manager. So what makes management more attractive? â€Å"Maybe it begins with rethinking management. When we asked employees to list the reasons why they would want to be a manager, the answers were surprising. Power, status and money didn’t even make the list. The number one reason was being able to share my knowledge with others. Number two was being responsible for the success of an organization. And, number three was being able to influence decisions.†Some Goals for the Future In February, the Harvard Business Journal published an article featuring 25 Stretch Goals for Management in the 21st Century. Here are a couple interesting points from the article: Redefine the work of leadership. The notion of the leader as a heroic decision maker is untenable. Leaders must be recast as social-syste ms architects who enable innovation and collaboration. Create internal markets for ideas, talent, and resources. Markets are better than hierarchies at allocating resources, and companies’ resource allocation processes need to reflect this fact.Depoliticize decision-making. Decision processes must be free of positional biases and should exploit the collective wisdom of the entire organization. Retrain managerial minds. Managers’ traditional deductive and analytical skills must be complemented by conceptual and systems-thinking skills. (Source: â€Å"25 Stretch Goals for Managementâ€Å", Harvard Business Journal) Supervisory Training for Tomorrow’s Supervisor Today’s work environment demands highly skilled frontline supervisors different from the command-and-control leaders of the past.People are not interested in working for someone who just gives orders daily and conducts evaluations annually. Today’s employees are looking for leaders who devel op, support and coach them and keep them engaged. In ERC’s popular Supervisory Series I, beginning September 8, participants learn the managerial and interpersonal skills necessary to handle all leadership interactions—including those that are emotionally charged—along with the ability to apply both of these skill sets in any leadership setting or interaction. Organizational Promotions – The Managers of TomorrowSEPTEMBER 1, 2010 BY JORRIAN GELINK 1 COMMENT The people decision process is the control an organization has in whether its vision is being executed as well as achieving high performance. Having mission statements and core values posted across the walls is irrelevant unless the actions towards the people align with the organization’s core vision. Delivering a message emphasizing the importance of attaining new markets falls short when the company promotes an associate that is focused on retaining older clients but moves up due to â€Å"long tenure†.Every decision that is made in regards to people movement up, down or sideways is viewed on carefully not only by those within the department or division; but as well with others that do a â€Å"temperature check† of what it takes to stay/move up within the organization. The management of today need to follow two core steps in order to promote the management of tomorrow. Integrity of character. The start of any promotion should be on an individual’s integrity; for without that the organization is compromised. Integrity is not something learned in an organization, it is a trait brought into the organization and is easily judged by others.Integrity is always worn on a manager and is the fabric that can never come off; whether the integrity is strong or weak, all can see it and will respond to it accordingly. Lack of management integrity will show up in less than one month, but be rest assured the damage will show up the same time that integrity of characte r is breached. Many examples plague a manager’s strength of integrity: favoritism, fear of dealing with strong subordinates, placing blame on others, fear of performance communication, and promoting others â€Å"like me† are some of the main issues that plague poor management today.The people of the organization will forgive upper management promoting someone new to role, but they will never forgive a promotion of one with a lack of integrity. Organizational Performance. The organization has to promote based on performance: clear results achieved by executing tangible goals of the organization. Behavior leading to results needs to be looked at, any manager promoting one based on performing the right behaviors but not achieving results shows a lack of ignorance to the organization’s goals. Others will look upon this type of poor promotion it as â€Å"as long as I do what my manager tells me, who cares if I need to perform†.Not only will you damage your bus iness, you also shun others from wanting to move up the organizational ladder. Another result of poor promotion planning are the â€Å"opinions† of whether one can be handle a new role: what needs to be there is factual evidence of performance. The worst damage that can be done is not only average performance of a candidate, but under-performance, as any objectives and goals leading to results will not be taken seriously by co-workers and upper management will be looked upon as â€Å"the promoter of friends†.Continuous poor promotions with this method result in sub-ordinates leaving the organization due to favoritism or even worse, destroy the organizations objectives by trying to be-friend their superior in place of achieving results. The managers of tomorrow require high integrity of character as well of results of organizational performance. Focusing on these two requirements helps the organization be fair and accountable to what it needs from its teams. Missing eve n one of these requirements not only threatens the performance of the organization, but also detracts others from looking to be promoted.This is the true control of the organization: moving the right people into the right places for the right reasons. Jorrian Gelink Management Architect 5 Key Roles for HR Managers of Tomorrow What wlll the HR directors of tomorrow look like and what will their roles be? If we listen to theorists and academics, they might not look like much at all — in fact, they might already be extinct. This isn’t news: mandates for change in the profession have been prolific since the ’90s. Remember Fast Company’s 2005 article â€Å"Why We Hate HRâ€Å"? That certainly got our attention: attacking HR’s intelligence and value.Still today, noted practitioners like Jacques Fitz-Enz advocate breaking up HR, suggesting that the competencies needed for each area of the HR practice be allocated to other capable departments within a co mpany. I, naturally, wholeheartedly disagree with Fitz-Enz and other HR-killing proponents. Why? There is absolutely nothing in any organization that does not require people. People are an organization’s greatest asset — they are the human capital. So why should there not be a talented team of professionals focused on all things people?I think there is hope for HR, but it will require a dramatic paradigm shift and a deliberate refocus on what’s important to an organization in order to drive the performance and development of the workforce. If HR is to survive, it must think and act as if the organization was paying for its services — and could pull the plug at any time. Here are five roles that the HR Leader of tomorrow will have to play in order to shift the paradigm and add true value to an organization: Strategic Investor Today’s HR team is overwhelmed, overly busy and stretched beyond capacity.With multiple customers having exponential number o f needs, run from one project to the next, without stopping to understand why we are doing it, what the end result should be and whether or not we met the end results. Think about that. If HR were a business with services and products for an organization, would we not have to think about our business as a strategic investor, providing the right products and services for a cost that the customer will pay? We cannot be everything, and do everything. We need to learn to deliver our work where it adds value, and continuously measure that delivery.Relationship Facilitator Sticking with the concept of Human Resources as â€Å"all things people† for a minute, it goes without saying that a huge element of that role is facilitating relationships throughout (and outside) the organization. I see â€Å"building relationships† as being part of this, but not all. Yes, HR needs trusted relationships with executives, peers, the HR team, and the employees. But Human Resources cannot st op there; they must facilitate relationship building up and down levels, across business units, and with the community at large.Relationships are the biggest derailers of organizational success, and HR is poised to be the trusted facilitator bring people, teams and the organization together to drive business success. Developer of People Human Resources tends to be the â€Å"cobbler’s children†, going without shoes while the cobbler provides shoes to everyone else. Developing the skill and talent of the workforce goes without saying on the HR job description (at least in my mind), but we cannot forget our own team. How can we expect to influence and facilitate if our own team is in disarray?How can we facilitate trust, if our HR team is not trusted? Risk Manager There is no getting around it; there are tremendous risks related to people in an organization, and it is the role of HR to manage those risks. That doesn’t mean providing policies and procedures to ensur e no one steps out of line, but building capability in the leadership team and engagement and commitment in the workforce. Technology Geek The Human Resources Director of Tomorrow cannot survive on inference and buzzwords; they must provide credible business intelligence.Anyone stepping into HR leadership must have broad knowledge of technology systems, data integrity, process improvement and analytics. We must be able to critically analyze our processes to ensure that the business intelligence that we provide to our customers is credible. With the complexity of today’s HR systems, HR has to have to â€Å"geek-y curiosity,† asking, â€Å"how can we do this better and more efficiently using technology? † Can We Shift the Paradigm? Not only can we, but we must, not only for our survival, but for the organizations we serve.The people of the organization make it or break it, and need the talent and skills to make it. That’s where HR can shine. A Word from the Associate Dean: VUCA and the managers of tomorrow Posted on July 4, 2013 by GMBA Community Change is occurring faster than ever before, the world is more and more unpredictable. More players, more issues, and more voices means chaos and complexity and the â€Å"realities† of doing business are not so hard and fast as we may have once assumed it to be. Organizations operating under these forces face unique challenges and opportunities in decision-making, problem-solving, and planning.VUCA, an acronym standing for volatility, uncertainty, complexity, and ambiguity is a term derived from military vocabulary that is increasingly relevant for describing how managers should take into account the external environment. Being aware, being prepared, and anticipating the complications arising from VUCA are essential characteristics of a global manager today. As companies understand (or more likely, fail to understand) this operational chaos, they seek a new kind of leader, a talent tha t is prepared, aware, and capable of foreseeable strategy and informed action.These are the kinds of leaders the Global MBA seeks to train, to help provide companies with the talent they need to stay ahead of the trends. The companies that fail to perform today are the ones that are still operating under the talent acquisition, talent management, and workforce planning processes of yesterday. But this chaos is here to stay, so businesses and business leaders not only need to get up to speed but to start finding the relevant talent that can perform and remain agile in this environment.Agility is a term we stress in our program. In the age of innovation, disruption, and globalization, sticking with the tried and true won’t necessarily cut it. Unique challenges require unique solutions, and the demands placed on business leaders in this setting are diverse, varied, and in constant flux. As new markets emerge, new opportunities and obstacles arise. At a faster pace, the future is upon us before we can anticipate it. And with disruptive innovation the rule rather than the exception, competition is breakneck.Traditional leadership styles don’t work in this sort of dynamism. The leadership must mirror the environment and focus on VUCA preparedness, anticipation and evolution. And that doesn’t mean that there’s a one size fits all model for management; complex problems require complex solutions and equally complex strategies. Tomorrow’s leaders must be able to thrive in multiple, multi-faceted environments, keeping a finger on the pulse of emerging markets, mature markets, entrepreneurship and innovation, and efficiency and optimization.Embracing chaos, taking risks, being capable of rapid strategy changes in response to changing markets: all of these characteristics must also be balanced by pragmatism and commitment and underscored by a passion to bring employees along on the adventure. The skills gained through interacting with a d iverse cohort, traveling and working internationally, exposure to emerging markets, studying in a mature market, learning from the best professors from around the world are all hardwired into the design of the Global MBA to respond to these needs.Studying a variety of cases of multiple situations and from diverse industries helps students examine strategy and learn from failure. Extensive teamwork helps them learn to collaborate, share strengths and compensate weaknesses, and adapt collectively in response to the VUCA microcosm of a rigorous, 12-month MBA. How should companies respond to these complex external environment? In kind. Agile leadership means harvesting the best of skills, styles, and experience to meet specific, unique needs.In July, the Global MBA students will take off around the world for their International Immersion Projects. Each team consists of students of different nationalities, with different linguistic capabilities, with different professional expertise and different academic strengths. They would be working in for a Lifestyle brand in China, agri-business in Bolivia, energy and bottom-of-the-pyramid issues in India, eco-tourism in Morocco, small and medium size sector development in Djibouti and wine industry in S.Africa. To tackle these diverse projects in challenging external environment requires diversified skill set. The teams will work in environments ranging from -20 degree C to +50 degree C! It also means that the teams are uniquely equipped to respond to the shifts and demands of their different projects in different locations through practiced collaboration and constructive conflict. The successful companies of the future will harness resources like these and use them to become leaders in a VUCA-fueled world.

Snowflake Formation, Shape, and Design Explained

After learning these big facts about these little crystals, you may never look at a snowflake the same way again.    1. Snowflakes Are  Not  Frozen Raindrops Snowflakes are an aggregation, or cluster, of hundreds of ice crystals that fall  from a cloud. Frozen raindrops are actually called sleet.   2. The Tiniest Snowflakes Are Called Diamond Dust The smallest snow crystals are no larger in size than the diameter of a human hair. Because theyre so small and lightweight, they remain suspended in the air and appear like sparkling dust in the sunlight, which is where they get their name. Diamond dust is most often seen in bitterly cold weather when air temperatures dip below 0 degrees F. 3. Snowflake Size and Shape Is Determined by Cloud Temperature and Humidity The reason why snow crystals grow this way is still somewhat of a complicated mystery... but the colder the air surrounding a growing snow crystal is, the more intricate the snowflake will be. More elaborate snowflakes also grow when the humidity is high. If  temperatures within the cloud are warmer or if humidity within the cloud is low, expect the snowflake to be shaped like a simple, smooth hexagonal prism. If Cloud Temperatures Are... Snowflake Shape Will be... 32 to 25 F Thin hexagonal plates and stars 25 to 21 F Needle-like 21 to 14 F Hollow columns 14 to 10 F Sector plates 10 to 3 F Star-shaped dendrites -10 to -30 F Plates, columns 4. According to Guinness World Records, the Largest Aggregate Snowflake Ever Reported Fell in Fort Keogh, Montana in January of 1887 and Allegedly Measured 15 Inches (381 Mm) Wide Even for an aggregate (clump of individual snow crystals), this must have been a monster snowflake! Some of the largest non-aggregate (single snow crystal) snowflakes ever observed measure 3 or 4 inches from tip to tip. On average, snowflakes range in size from the width of a human hair to less than that of a penny. 5. The Average Snowflake Falls at a Speed of 1 to 6 Feet per Second Snowflakes light weight and fairly large surface area (which acts as a parachute slowing their fall) are the primary factors affecting their slow descent through the sky. (In comparison, the average raindrop falls roughly 32 feet per second!). Add to this that snowflakes are often caught in updrafts that slow, halt, or even temporarily lift them back up to higher altitudes and its easy to see why they fall at such a creeping pace. 6. All Snowflakes Have Six-Sides, or Arms Snowflakes have a six-sided structure because ice does. When water freezes into  individual  ice crystals, its molecules stack together to form a hexagonal  lattice. As the ice crystal grows, water can freeze onto its six corners multiple times, causing the snowflake to develop a  unique, yet still six-sided shape.   7. Snowflake Designs Are a Favorite Among Mathematicians Because of Their Perfectly Symmetrical Shapes In theory, every snowflake nature creates has six, identically shaped arms. This is a result of each of its sides being subjected to the same atmospheric conditions simultaneously. However, if youve ever looked at an actual snowflake you know it often appears broken, fragmented, or as  a clump of many snow crystals—all battle scars from colliding with or sticking to neighboring crystals during its trek to the ground.   8. No Two Snowflakes Are Exactly Alike Since every snowflake takes a slightly different path from the sky to the ground, it encounters slightly different atmospheric conditions  along the way and will have a  slightly different growth  rate  and shape as a result. Because of this, it is highly unlikely that any two snowflakes will ever be identical. Even when snowflakes are considered to be identical twin snowflakes (which has occurred both in natural snowstorms and in the lab where conditions can be carefully controlled), they may look strikingly similar in size and shape to the naked eye, but under more intense examination, small variations become evident. 9. Although Snow Appears White, Snowflakes Are Actually Clear Individual snowflakes actually  do appear clear when viewed up close (under a microscope). However, when piled together, snow appears white  because  light is reflected by multiple ice  crystal surfaces and is scattered back out equally into all of its spectral  colors. Since white light is made up of all the colors in the visible spectrum, our  eyes see  the snowflakes  as  white.   10. Snow Is an Excellent Noise-Reducer Have you ever gone outside during a fresh snowfall and noticed how silent and still the air is? Snowflakes are responsible for this. As they accumulate on the ground, air becomes trapped between the individual snow crystals, which  reduces vibration. It is thought that snow cover of less than 1 inch (25 mm) is enough to dampen the acoustics across a landscape. As snow ages, however, it  becomes hardened and compacted and loses its ability to absorb sounds. 11. Snowflakes Covered in Ice Are Called Rime Snowflakes Snowflakes are made when water vapor freezes onto ice crystal inside of a cloud, but because they grow inside of clouds that also house water droplets whose temperatures are cooled below freezing, the snowflakes sometimes collide with these droplets. If these supercooled droplets of water collect and freeze onto nearby snow crystals, a rimed snowflake is born. Snow crystals can be rime free, have a few rime droplets, or be completely covered with rime. If rimed snowflakes blob together, snow pellets known as graupel then forms. Resources and  Links: Snowcrystals.com.  A Snowflake Primer: The Basic Facts About Snowflakes and Snowcrystals. Retrieved November 11, 2013.Wikipedia: The Free Encyclopedia.  Snowflake. Retrieved November 11, 2013.Wikipedia: The Free Encyclopedia.  Snow.  Retrieved  November 29, 2013.

The Tort Law Effect On Victims Essay Online For Free - Free Essay Example

Sample details Pages: 12 Words: 3523 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Review Tags: Tort Essay Did you like this example? The word tort is derived from the latin word tortus, meaning a wrong. Tort law is the law concerned with allowing the victims of harmful actions, whether caused deliberately or by negligence to claim compensation. In order to advise Shane who, if any one, he can sue for compensation for his injuries. Don’t waste time! Our writers will create an original "The Tort Law Effect On Victims Essay Online For Free" essay for you Create order It is important to discuss what roles the other parties played in the accident. Warne is an employer of an independent contractor (Hingis Ltd) who are a firm specialising in tree management. When an individual causes injury directly to another they will be liable for the tort committed. But when a person is liable for a tort committed by another it is called vicarious liability. For example if an employers, employee commits an act while at work then the employer can be held vicarious liable. Generally an employer or client in this case is not held vicariously liable for tort committed by independent contractors. The claimant normally will have to sue the contractor. However there are exceptions to the rule if the circumstances are an extra-hazardous activity. For example in Honeywill and Stein v Larkin Bros Ltd (1933) Honeywill engaged Larkin to take photographs of the interior of a cinema. Larkin used a flashlight which involved the ignition of magnesium powder. The came ra was placed too close to a curtain on the stage and the entire theatre caught fire. The Court of Appeal held that the taking of photographs in this way was an extra-hazardous activity for which Honeywill could not delegate responsibility to the photographer, and thus remained liable to the owners of the cinema for the damage caused. In Salsbury v Woodland (1969) a case which is very similar to our case. The owner of a house employed a tree-felling contractor to remove a large tree in his front garden. The contactor removed the tree in a negligent manner which broke a pair of telephone wires running across the garden which left the wires in the road causing an obstruction. Salsbury went into the road to remove the wires when a car approached at speed. Salsbury, realising that a collision was inevitable, threw himself onto the grass verge but his fall caused a tumour in his spine to bleed which brought about paralysis. Salsbury sued the house owner, the tree contractor and the ca r driver. The Court of Appeal held that the general rule should apply; namely that the householder should not be liable for the negligence of the tree contractor who was an independent contractor. The removal of the tree was not work of an inherently dangerous nature and could not be treated as an exception to the rule within Honeywill doctrine. From this case it concludes that Warne should not be liable because it was not foreseeable the contractor would mismanage the work and he acted reasonably by employing a specialist tree contactor. Hingis Ltd Hingis are a specialist tree contactor who have mismanaged the work and broke the telephone wires leaving them trailing across the road. A firm specialising in tree management should know the risks of branches hitting telephone wires that are close by. The tort of negligence can be summarised as: the defendant must owe duty of care to the claimant the duty must have been breached the breach must be the cause of the claimants damage or loss Hingis had a duty of care to other people around them which is called the neighbour principle and was established in the Donoghue v Stevenson (1932) case. Lord Atkin said that you have a duty of care owed to your neighbour in law. Lord Atkins response to the question Who is my neighbour? from the lawyer is You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be-persons who are so closely and dire ctly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question From this case it was established that if a duty of care does not already exist, a reasonable man will owe a duty of care not to injure those whom it can be reasonably foreseen would be affected by their actions. When Hingis cut down the tree which brought down the telephone wires they breached this duty of care; as a professional this should not have happened. In Bolam v Friern Hospital Management Committee (1957) a doctors professional judgement was made that another substantial body of other doctors would not have made and from this the House of Lords laid down standards that are expected of professional people. Could Hingis have reasonably foreseen that the tree would bring down the telephone lines? I think that as professionals they should have foreseen this. In The Wagon Mound case the op inion of the Privy Council was that a person is responsible only for consequences that could reasonably have been anticipated. Martina/Shane Martina was driving her car around the corner at speed when she hit Shane. Section 1 (1) of the Contributory Negligence Act 1945 says Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimants share in the responsibility for the damage The fact that Shane would not have been in the road if Hingis Ltd did not make the telephone cables trail dangerously in the road. I feel that it is a little unfair to blame Martina completely for hitting Shane. In Gregory v Kelly (1979) the claimant was held to be contributory negligent when travelling in a car when he knew that the footbrake did not work. In this case it is clear that the claimant was contributory negligent but in our case it is not clear cut. On the other hand Martina owes a duty of care to other road users and pedestrians, and therefore could be liable regarding any lack of duty of care. As she was perhaps driving too fast and the incident was around a corner where she obviously could not see clearly around. Shane as the reasonable man faced with an emergency of a potential traffic accident, took an instinctive decision to lift the wires to the side of the road. Shane could be referenced to a rescue case in law called Cutler v United Dairies (London) (1933) in which the claimant was injured trying to help the driver of a milk float whose runaway horse had come to rest safely in a field. The court held that the danger was over by the time the claimant carried out his heroics. The horse as I see it is the equivalent of the wires on the road in our case. Volenti non fit injuria is a rule that means a person cannot usually sue for damages when he consented in the fi rst place to whatever it was that caused the damages. If someone willingly placed themselves in a position where they may be harmed, they cannot then sue if harm does in fact happen. It could be argued that Shane as someone with a pre-existing back condition go into the middle of the road to remove the wires? The volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions. Rescuers are unlikely to be held volenti if they sue the person who originally created the danger. In Harrison v British Railways Board (1981) the court said that an injured rescuer could sue the person who created the danger. The rescuer was found to be contributory negligent for not following established work procedures. Conclusion My view is that Hingis is certainly negligent for the mismanaged work, but they could not have foreseen that a member of the public would run out into the road to remove the wires. Martina is negligent for not driving with due care and attention to other road users, as she should not have been driving to a speed which would not allow her time to stop if something or someone was in the way. For example it could have been a child which had run out in the road and she needed to stop quickly. Although Shane acted completely recklessly by removing the wires when a reasonable man may have just stopped the traffic and called for assistance. He could sue both Hingis and Martina which would lead to multiple tort feasers. If he was to sue only Hingis he would leave Hingis the choice to sue Martina for contributory negligence. QUESTION 2 Victor The building operations that disturb Victor in the early mornings and during the afternoon, when he is trying to give piano lessons are due to Montgomery construction Ltd carrying out renovation work on Davids house. This falls into a category of nuisance in the law of tort. This is the unlawful interference directly or in directly with a persons land. The interference must be within circumstances that a reasonable person cannot be expected to tolerate which is a very difficult and complex decision by the courts to reach. Nuisance has four different categories: Trespass Private nuisance Public nuisance Statutory nuisance Victors case is one of private nuisance as it is a neighbours property as outlined in the case of Spicer v Smee (1946) when the judge said Private nuisance arises out of a state of things on one mans land whereby his neighbours property is exposed to danger. A balance must be maintained between the right of the occupier to do what he likes with his own home, and the right of his neighbour not to be interfered with. In Christie v Davey (1893) Christie and Davey were neighbours. Christie was a music teacher that gave lessons and sometimes held musical parties. Davey objected to this, and retaliated by blowing whistles, banging on metal trays, shouting, and generally making a noise to disturb the music. An injunction was granted to Christie as Daveys conduct was purely malicious and was therefore unreasonable. In Andreae v Selfridge Co Ltd (1937) Selfridges failed to keep the noise and dust of building work to a minimum are were found negligent as they had conducted its operations in such a way noise and dust had interfered with the reasonable and comfortable occupation of Andreae on her premises. The contractor must take proper precautions, and see that the nuisance is reduced to a minimum as Andreae had suffered damages. If Victor can prove that his students are not having lessons with him due to the noise than m aybe he could have a case where he could claim damages to his business due to the building work noise as in the Andreae v Selfridge Co Ltd case. I think Victor is over sensitive because he would have a tuned ear to noise as a piano teacher. The majority of people would not be adversely affected by construction work to a neighbours property although they may be inconvenienced. The piano lessons in question are similar to the case McKinnon Industries v Walker (1951) where fumes from the defendants factory damaged delicate orchids. As the fumes would have damaged flowers of ordinary sensitivity there was a nuisance. The court ruled in favor of the plaintiff because his right to enjoy his land had been damaged and therefore could also claim protection for his more unusual and sensitive activities. The standard of tolerance is that of the normal neighbour but a plaintiff has a case in nuisance for damage even if he is abnormally sensitive. I conclude that the best Victor is likely to achieve in court is a restriction on the early morning working hours on the site. David and Montgomery Construction are not liable for the noise as a private nuisance. The work is temporary and the complainant is sensitive. Victor as a piano teacher seems to be over sensitive to noise and the noise is just a short term issue. Christine This falls under occupiers liability acts (OLA) 1957 and 1984 an occupier of premises owes a common duty of care to all lawful visitors. The definition of an occupier was discussed and clarified in Wheat v E Lacon (1966) when Lord Denning defined the occupier as a person who has sufficient control over the premises to the extent that he ought to realise that lack of care on his part can cause damage to lawful visitors. He said: Wherever a person has a sufficient degree of control over premises that he ought to realise that any failure on his part to use care may result in injury to a person coming lawfully there, then he is an Occupier and the person coming lawfully is his Visitor and the Occupier is under a duty to his Visitor to use reasonable care. In AMF International Ltd v Magnet Bowling Ltd (1968) the contractor was to provide and install valuable timber and other specialised bowling alley equipment. On July 21, 1964 an exceptionally heavy rainstorm flooded the build ing and the timber for the building work was seriously damaged. The court held that the contractor and the building owner were both occupiers of the building. In the OLA 1957 an occupier must be prepared for children to be less careful than adults (s2(3)(a)). Therefore, if an occupier admits children to the premises the child visitor must be reasonably safe as in Phipps v Rochester Corp (1955) the Defendant was not liable to a boy who fell into a trench while walking across open ground with his sister. This was not a breach of duty as reasonable parents will not permit young children to be sent into danger without protection. The OLA 1984 covers uninvited visitors or trespassers in (s.1(4)) it states that an occupier of premises owes a duty to another in of such a risk, the duty is to take such care as is reasonable in all the circumstances of the case to see that he does not suffer injury on the premises by reason of the danger concerned. In British Railways Board v Herrington (1972) the board was held liable for injuries to a six year old child who had been playing on the railway line. The House of Lords held that the occupier of the railway premises owed a duty of common humanity to the child. Until this case no duty of care was owed to trespassers. The Occupiers Liability Act 1984 was then extended after this to include a duty of care to trespassers). My advice to David and Montgomery Construction Ltd is that as one of them is the owner and the other is the builder they both are jointly occupiers of the premises and have control over the premises. Christine was a child trespasser who entered the building through an unglazed window. The site should have proper Heras fencing around it with all the correct signage for health and safety. The building itself should be fairly secure to stop trespass and for security. The window that Christine entered through should really have been boarded up. Referring back to the British Railways Board v Herrington case they could well be held liable for no duty of care to Christine. But it must be stated that the signage that is sufficient for adults is not good enough to apply to children. That is if a sign that states no trespassing for example is it considered inadequate for a child to understand and follow. Edgar Edgar was a lawful visitor to the site in question and under the OLA 1957 the occupier owes a common duty of care to him. Again both the contractor Montgomery and David may be considered to be the occupiers of the building. All visitors to sites are given an induction and told of all the health and safety risks on site. I feel Edgar should have been aware of the hazards on site after this and should take the necessary precautions associated with a building site. (s.2(4) OLA 1957 states: (a) where damage is caused to a visitor by a danger of which he had been warned by the occupier, the warning is not to be treated without more as absolving the occupier from liability, unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and (b) where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor employed by the occupier, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent contractor and had taken such steps (if any) as he reasonably ought in order to satisfy himself that the contractor was competent and that the work had been properly done. I feel that wet plaster on the floor is not a sign of an incompetent tradesman but more of the nature of the job with plastering. Edgar was aware of the risks on site and any injuries sustained to him could be due to contributory negligence from lack of care. But if Edgar was on site without a site induction David and Montgomery could be held liable for duty of care to Edgar. QUESTION 3 The rule of Rylands v Fletcher (1868) is a tort of strict liability and was laid down from the case which caused harm by escapes from land used for hazardous purposes. The defendants employed a contractor to construct a reservoir on their land. When doing this water broke through the filled-in shaft of an abandoned coal mine and flooded connecting passageways into the plaintiffs active mine nearby. The defendants were held personally liable irrespective of fault. Judge Colin Blackburn said: We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape. He can excuse himself by showing that the escape was owing to the Plaintiffs default; or perhaps, that the escape was the consequence of vis major, or the act of God; but a s nothing of this sort exits here, it is unnecessary to inquire what excuse would be sufficient. This rule opens up an opportunity for the courts to apply all liability upon the owner of the land who had not intended for the escape and or damage. It is a good example of a loophole that allows the independent contractor to get away with negligence and the owner of the land is held accountable for everything. Strict liability is imposed under the liability for fire and to a degree for animals. Defences can be: If the claimant has consented Default of the claimant Act of a stranger Act of God Statutory authority Rylands v Fletcher is very useful where the defendant has done everything that he could possibly do to stop something happening. 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