Sunday, March 29, 2020

The Diagnosis and Treatment of Obsessive

The Diagnosis and Treatment of Obsessive-Compulsiv Essay OCDe DisorderThere are many factors to consider in the evaluation and treatment of Obsessive-compulsive disorder (OCD). This paper will discuss the strategies that have proven most effective in treating the disorder, including: drug therapy, cognitive therapy, and family-based therapy. It will focus on the benefits of flexibility, emphasizing combination therapy, especially with cognitive-behavioral therapy (CBT). Obsessive-compulsive disorder (OCD) has become an increasingly familiar disorder within the world of health and medicine. The recurring obsessions and compulsions associated with the disorder seem quite easy to identify, yet the acknowledgement of OCD in children had been overlooked for quite some time. Many people believe that children have no reason to develop depression or anxiety disorder such as OCD (Wiznitzer, 2003). Diagnoses and treatment of OCD patients has only recently shifted from adults to children. Some of the most important questions facing psychologists studying OCD today are how to determine which children suffer from OCD and what treatments most effectively reduce or eliminate their symptoms. Researchers have offered that by applying some of the information learned from treating adults, our understanding of the disorder in children may improve immensely. We will write a custom essay on The Diagnosis and Treatment of Obsessive-Compulsiv specifically for you for only $16.38 $13.9/page Order now With the majority of psychologists agreeing with this proposal, OCD has gained a large amount of attention in the last couple of decades. Recent studies have estimated that the condition is 2 to 20 times more common than previously thought and has been the catalyst for research activity in the area (Waters, 2000). Though this heightened attention is good news for suffering children, it has not been as helpful as originally expected. A number of unnecessary drug-based therapies have been implemented in an attempt to meet the increasing demand of OCD treatment. Many of these drugs have proved successful in treating anxiety disorders; however, many OCD cases require more complex treatments. Many could benefit from several alternative forms of OCD treatment, such as family oriented treatments and cognitive-behavioral therapy. Unfortunately, the advantages of combining these methods with drug therapy have nearly been overlooked in the scramble for easy answers. Cognitive-behavioral therap y (CBT) has emerged as a safe, viable, and efficient treatment for OCD among children and adolescents (Wagner, 2000). One specific form of CBT that has proven to be quite successful is exposure plus response prevention (ERP). In this method, patients are guided into conscious confrontation with the objects and situations that serve as the triggers of their obsessive fears. Following exposure, patients are taught how to abstain from the obsessive habits that they have constructed to relieve their anxieties. This treatment is quite similar to conditioning in that the response prevention immediately follows the exposure, maximizing the reinforcement effectiveness of the therapy. The idea behind this treatment is that repeated exposure to the anxiety-producing stimulus leads to the patients habituation and progression in overcoming the disorder. Additionally, the realization that obsessive fears do not materialize during ERP appears to reduce the potency of the obsessions (Wagner, 2000) . The second form of CBT that has proven to be successful is the RIDE theory. In this theory, encounters and enactments of OCD symptoms are broken down into four different stages: R, I, D, and E. In the R stage, individuals are taught to recognize OCD thoughts as impractical to the childs normal being. By doing this they could realize their urges and take the necessary steps in dismissing them from their consciousness. Once they have done this they are taught the I stage. In this stage they must insist that they are in fact in control of their behavior. This assertion puts them in the drivers seat where they determine what actions will be taken next. The third stage is the D stage. This is the stage where the actual change of behavior takes place. Children learn to defy OCD, resisting their urges by doing the exact opposite of what they feel. The fourth and final stage of the RIDE theory is the E stage. When the child has learned to successfully complete the first three stages, they ar e taught to enjoy and celebrate their success. By recognizing, insisting, and defying their unusual urges, children have learned to overcome OCD and should be able to appreciate their hard-deserved success. .ua53365449fd915c4dc98d1a41ebc6fce , .ua53365449fd915c4dc98d1a41ebc6fce .postImageUrl , .ua53365449fd915c4dc98d1a41ebc6fce .centered-text-area { min-height: 80px; position: relative; } .ua53365449fd915c4dc98d1a41ebc6fce , .ua53365449fd915c4dc98d1a41ebc6fce:hover , .ua53365449fd915c4dc98d1a41ebc6fce:visited , .ua53365449fd915c4dc98d1a41ebc6fce:active { border:0!important; } .ua53365449fd915c4dc98d1a41ebc6fce .clearfix:after { content: ""; display: table; clear: both; } .ua53365449fd915c4dc98d1a41ebc6fce { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua53365449fd915c4dc98d1a41ebc6fce:active , .ua53365449fd915c4dc98d1a41ebc6fce:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua53365449fd915c4dc98d1a41ebc6fce .centered-text-area { width: 100%; position: relative ; } .ua53365449fd915c4dc98d1a41ebc6fce .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua53365449fd915c4dc98d1a41ebc6fce .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua53365449fd915c4dc98d1a41ebc6fce .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(; position: absolute; right: 0; top: 0; } .ua53365449fd915c4dc98d1a41ebc6fce:hover .ctaButton { background-color: #34495E!important; } .ua53365449fd915c4dc98d1a41ebc6fce .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua53365449fd915c4dc98d1a41ebc6fce .ua53365449fd915c4dc98d1a41ebc6fce-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua53365449fd915c4dc98d1a41ebc6fce:after { content: ""; display: block; clear: both; } READ: The Explosion EssayThough both the ERP and RIDE methods have proven successful, their effectiveness is both limited and varying. The unfortunate truth is that many children do not benefit from these strategies and many others diagnosed with OCD do not receive CBT at all. A variety of reasons have been offered in explanation to this, the most common being simply that there are not a sufficient amount of clinicians who are trained in managing the challenges expected in this type of treatment. The second is that the disorder itself can be difficult to detect and diagnose in the first place. Many children reason that they either have to or are uncertain why they perform some o f their actions, which has lead others to believe that the obsessive behavior is willful. Although this does pull treatment potential back, it is important to take full advantage of the resources available right now. Among these available resources is the role of the family in childhood obsessive-compulsive disorder. A large percent (67%) of adults suffering from OCD have reported signs of symptoms extending well into childhood memories. One groups of researchers state that OCD is a common childhood onset psychiatric condition (Steinberger, 2002). This information hints that the family may play a critical role in the development and treatment of OCD, both genetically and cognitively. Research on the subject has yielded inconsistent results, but on average, 20% of parents of children with OCD are also diagnosed with the disorder. Cognitively, psychosocial factors have also been acknowledged as important. Although the exact factors are still being investigated, many have already been found. These factors range widely in their influence including high expressed emotion, overprotection, lack of warmth, avoidance, caution, and fearfulness. Each factor is relative self explanatory, though the direct correlation of each with the disorder differs slightly. While in some instances the cause for each factor can be negative, most cases are related in an indirect from. The most common are a result from a feeling of helplessness, generally resulting from a failure to successfully support the family member with OCD in previous situations, or some sort of confusion in actions that were originally made with good intention. For example, a common misconception of people is to accommodate the OCD behavior when in fact, it is widely recognized that accommodation of the OCD behavior through assistance with rituals, giving reassurance, and facilitating avoidance of feared stimuli serves to reinforce and maintain the symptoms (Waters, 2000). There are many different strategies to consider when treating OCD. It is important to realize that OCD varies in type and severity, so treatment will vary in their effectiveness. Whatever is tried, it is important to urge flexibility, as a combination of drug and behavioral treatment may be needed (Rapoport, 2000). Recent studies such as the ERP and RIDE approve and recommend CBT in treating OCD. They also emphasize the importance of flexibility in successfully treating the disorder. Many cases may benefit best from a combination of drug and behavioral treatment. BibliographyRapoport, J., ; Inoff-Germain, G. (2000). Treatment of obsessive-compulsive disorder in children and adolescents. Journal of Child Psychology ; Psychiatry, 41(4), 419-431. Steinberger, K. (2002). Classification of OCD in children and adolescence. Acta Psychiatrica Scandinavic, 106(2), 97-102. Wagner, A. (2003). CBT for Children and adolescents with OCD. Brief Treatment and Crisis Intervention. 3(3). 291-306. Waters, T., ; Barret, P. (2000). The role of the family in childhood obsessive-compulsive disorder. Clinical Child ; Family Psychology Review, 3(3), 173-184. Wiznitzer, M. (2003). Why do psychiatric drug research in children? Lancet, 361(9364). 1147-1148.

Saturday, March 7, 2020

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.

Wednesday, February 19, 2020

Is employment the solution to end child poverty Essay

Is employment the solution to end child poverty - Essay Example In essence, poverty is judged in relation with society. This means that even though someone is earning enough money to provide for his basic needs, he would still be poor, if his income falls short of what the society around him is earning. (Galbraith, 1998) The instruments to judge poverty are as widely differing as the debate on the definition of poverty itself. Where some people measure poverty according to the household income, others measure poverty by understanding the concept of depravity and the basic needs lacking in any person’s life. In Britain since the year 1999, the government has been measuring poverty using a criterion of sixty per cent of the existing average income level adjusted according to the size of the household. Studies about poverty suggest that the population demographic is hit by poverty across different age-groups, ethnicities and nationalities. Where some individuals feel that poverty is experienced by those who are involved in double-crossing either the state or the society, other believe that the concept of a ‘welfare-state’ is what breeds poverty among masses. Such critics are of the view that the idea of welfare-state itself is responsible for higher rates of poverty; when individuals are aware that they will be able to obtain a decent amount of the basic necessities that they require, even if they do not work, such individuals might be tempted to stop working and rely on the state instead. â€Å"The persistence of child poverty in rich countries undermines both equality of opportunity and commonality of values. It therefore confronts the industrialized world with a test both of its ideals and of its capacity to resolve many of its most intractable social problems.† (Centre, 2000) The key findings of the Innocenti Report Card show how child poverty is still very much a relevant issue in the developed world, whereby

Tuesday, February 4, 2020

Analyse and evaluate contemporary marketing practice Assignment

Analyse and evaluate contemporary marketing practice - Assignment Example As such, the study of the factors which has created the competitive advantages for the company over the years of its operations seems to be a relevant and challenging topic in the arena of contemporary marketing. This report aims at studying the contemporary marketing practices of Zara that has been used by the company for creating a strong position for the company in its industry of operation. For this purpose, the sources of competitive advantage for the company has been identified and studied in depth. The business model followed by Zara is considered to be highly innovative and unique in nature/ the business model of the high street fashion retailer is built up on the vertical; integrations between the different levels and departments of the business including manufacturing, procurement, delivery and sale of the products. The business model is characterized by a unique flexible structure which helps the business to modify it according to the suitability and needs of the external environment and the business requirements at a particular point of time. The business model of Zara is identified to be one of the key drivers of the competitive advantage of the company. The vertical integrations within the business and with the external partners of the business like the suppliers and distributors and the use of advanced information and communication technology are the two main strengths of the business model of Zara. Additionally, the time factor and the use of the stores of the company as important sources of information make the business and with the external partners of the business like the structure of the company much unique and advanced as compared to the other fashion retailers. The ability of the fashion retailing company to design the products and deliver new lines of products in frequent intervals also acts as a major strategy of the company which enhances the competiveness of the company

Monday, January 27, 2020

Gender Differences in Crime

Gender Differences in Crime Criminal patterns by women and by men have both similarities and differences. Women and men are more prone to committing minor substance abuse and property crimes, rather than serious ones like murder or robbery. The main gender disparity in criminal activity is that men commit offenses at a higher rate than women do, except for prostitution (Heidensohn). Gender difference is more distinct in serious crimes, while it is least discernible in petty ones, which is a phenomenon called gender gap in offending (Rennison, 2009, p. 172). Particularly, it has been evidenced that 19% of criminal act perpetrators are women, yet they are also more likely victims of crime: as of late 2009, two women are slain every week by a former or current partner, and 44% of violent crimes against females are domestic (White, 2010). Meanwhile, women have been imprisoned for offenses like possession of stolen property, theft and drug charges. Other characteristics of female offenders include, (i) 15% have been confined to a psychiatric hospital, (ii) 40% have been drug-dependent since the year prior to their imprisonment, (iii) 20% have been in rehabilitation (White, 2010). A new focus of criminology is the study of criminal careers and although research on this topic has been limited to violent offenses, it has been established that (i) women perpetrate violent crimes to a much lesser degree than males; (ii) the criminal careers of violent women start and reach its peak a bit earlier than men; and (iii) to thoroughly comprehend the gender gap in crime, variables such as age and gender must be taken into account (Rennison, 2009). According to Callie Marie Rennison, race has always played an essential role in violent offending (175). She pointed out that minorities make up a large population of offenders. For instance, Rennison cites data from the U.S. Department of Justice gleaned from arrest reports and victimization surveys attesting that Blacks are disproportionately found among violent offenders (Rennison, 2007, p. 175). She also lamented the fact that studies on gender gap have largely omitted gender and age, and joins the call for moving beyond simple comparisons of offending by gender (Rennison, 2007, p. 175). Evidence attests that there is a substantial overlapping in the social perspective of criminal acts perpetrated by men and women (Hall, 2009, p. 5). To note, it has been proven that female and male offenders both usually have low socio-economic standing, come from minority groups, unemployed or under-employed, and poorly-educated (Hall, 2007). In light of these social implications on gender disparity in crime, there have been questions on whether biological factors could be stronger determinants in crime as compared to social factors. Here is a look at the differing theories on crime and gender disparity. Traditional theories about gender disparity in crime are, Anomie, Labeling and Personality Theory. Anomie postulates that females commit crimes at a lower rate than males because they are less subjected to cultural pressures to achieve success materially (Hall, 2007). In Labeling, parental acceptance of violence, neighborhood and home violence all increase the odds that a male will be involved in crime and violence (Ramoutar and Farrington, 2005.) Males who have had episodes of severe punishments at home for misdemeanors were less likely to commit property crimes or violent offenses. Meanwhile, men who were labeled negatively by people in his environment, and men who had poor self-esteems, were twice as likely to participate in violent and property crimes (Ramoutar and Farrington, 2005, p. 563) On the other hand, women who perceived that they were negatively labeled tended to participate in violent crimes, but females who have been at the receiving end of violence were more likely to be involved in both petty and violent crimes (Ramoutar and Farrington, 2005.) In contrast with their male counterparts, being subjected to severe punishments at home due to misdemeanors, increased females tendency to commit violent crimes. The most dominant personality dimensions that are associated with crime are self-centered orientation, low empathy, venturesomeness and impulsivity (Ramoutar and Farrington, 2005, p. 558). Male offenders were characterized by enjoyment of intense and new endeavors, as well as by risk taking all descriptive of venturesomeness. They also had low rates of empathy. In female offenders, venturesomeness and impulsivity were reasons for criminal behavior; and, self-centeredness increased female offending by 100%. Female offenders were not characterized by low empathy and low empathy (Ramoutar and Farrington, 2005). Biological Perspective The biological perspective on gender differences in crime rate points out that genetics determines the criminal behavior of a person. Neurochemicals trigger the behavioral tendencies and patterns in the human brain. One of these neurochemicals, monoamine oxidase (MOA), is linked to antisocial behavior: low levels of monoamine oxidase A (MAOA) cause disinhibition, which, in turn, can result in aggression and impulsivity (Jones 2005). MOA has intertwining functions with other neurochemicals that have already been associated with criminal and antisocial behavior, like dopamine, serotonin, epinephrine and norepinephrine. Dopamine, epinephrine and norepinephrine are also closely linked with the personality factor of psychosis (Jones 2005). On the other hand, serotonin affects brain development, and low levels of serotonin plays a significant role in triggering bipolar disorder, anxiety and depression. Moreover, serotonin is closely linked with aggression, which can be a trigger for criminal behavior. Dopamine is one of the neurotransmitters of the brain that provides feelings of pleasure, and thus, motivates people to do certain acts. A study conducted by Katherine Morley and Dwayne Hall in 2003 showed that there is an association between violent offenders and the dopaminergic pathway (Morley and Hall, 2003). Basing on these information, it could also be plausible that genetics plays a role in criminal behavior. Hence, supporters of the biological theory in criminal behavior assert that crime rates may be curbed by monitoring offspring and immediate family of known criminals, so that they may be tested for MAO (Morley and Hall, 2003). On the other hand, critics point out that this is not easy to accomplish because of m oral implications youngsters could be classified as potential criminals even if they have not committed any offense yet. Also, there is the ever present fear that governments may start using drugs to wage battle against crime, instead of addressing relevant social problems. It is important to recall that gender disparity in crime high level of male offending in comparison with females is absolutely accepted by criminologists. It is also important to note that gender disparity varies according to time, geographic area, race and age of the perpetrators. If gender disparity is indeed caused by genes, then the former will not vary as it does according to time, geographic area, race and age of the perpetrators. Thus, the biological theory is rather inadequate to explain gender differences in crime rate. New Female Criminal Freda Adler, a criminal professor at Rutgers University, published a book in 1975, entitled Sisters in crime: The rise of the new female criminal (Adler, 1975). The profile of the new female criminal, as explained by Adler, was considered as the most powerful and influential expert on female criminality more than three decades ago. According to Adler, the feminist movement may be credited with promoting positive changes in womens lives, i.e., social position, employment, marriage and family (Hamilton, 2010). She noted that women used to have the same hopes and ambitions as men, but they have not been able to attain these because of oppression towards their gender. Womens liberation changed all these, as females began to be empowered to pursue their dreams and ambitions and achieve them. However, Adler explained that womens lib had a darker side (Hamilton, 2010). Just as they were being productive, they were also pressing into crime (Hamilton, 2010). Women began to compete with men, even in the criminal world, wherein they were attempting to carve their own niches. And just as women became stevedores, soldiers, lawyers and doctors; they also became terrorists, embezzlers, forgers and burglars (Hamilton, 2010). Adler theorized that with womens liberation, a new breed of women offenders had come on the scene. She noted that the feminist movement created structural opportunities which women took advantage of by adopting the same characteristics as men: risk-taking, aggression and assertiveness. These, she said, were also the same qualities that enabled men to commit crimes. Adler has since, authored three more books on the topic, but modern times has seen critics bringing down her theories. For one, Adlers theories are weak in the sense that there are no supporting research evidencing that females who lived liberated lives committed more crimes than their more traditional peers. In addition to this, while it has been proven that most women offenders come from the lower socio-economic ladder, these same women rejected feminist ideals as distinctly middle-class. Moreover, feminists themselves shot down her theories, stating that these undermined the good intentions of womens rights (Hamilton, 2 010). Thus, it may be said that the new female criminal is more of a myth than reality. Which Theory is Correct? There are certain things to consider before determining which theory about gender  differences in crime is correct. Women have been engendered by moral principles which inculcate nurturing values in them, which restrain them from committing injurious deeds to others. Hence, females were less apt to commit crimes than the male counterparts, because of their nurturing and dependent nature (Cole and Smith, 2007, p. 57). Moreover, the criminal environment demands violence and physical power, which may account for lesser frequency and seriousness of crimes committed by women. Male have enhanced physical prowess and strength needed to commit graver crimes (JRank, 2010). In addition to this, women who wanted quick money but had no other means of getting it had opportunities to go into prostitution rather than commit crimes (JRank, 2010). Taking into consideration all these information, majority of studies concede that traditional theories are not given the deserving credit for explaining the patterns in criminal activity as it pertains to gender differences. Most of these theories are backed by hard evidence, and have outlasted the numerous modern theories that have sprung up and just as quickly, debunked by one study or the other. Majority of theorists agree that traditional perspectives are inadequate in explaining gender disparity in serious crimes, but a painstaking study of available data from research and experiments reveal that there is simply not much information in this area. Thus, the trend towards studying gender equality/inequality in criminal behavior must be continued, taking into consideration both traditional and biological perspectives, towards learning more about serious crimes. In doing this, the greater goal of curbing crime rates through significant research may be achieved.

Sunday, January 19, 2020

Major Works Data Sheet Essay

Plot summary: Heart of Darkness begins on the Thames river and told by an unknown narrator. He and several other men are on the deck of a ship when Marlow, a captain, begins to speak. Marlow had always wanted to travel to Africa and up the snakelike Congo River. With the help of his aunt in Brussels, Marlow gets a job as a boat captain on the river with a Dutch trading company that deals in ivory. After getting his assignment at the office in Brussels, he travels to the mouth of the Congo River in a French steamer, which drops off soldiers and clerks at many stations along the African coast. The site of a French man-of-war firing at nothing puzzles Marlow. When Marlow arrives at the mouth of the Congo, a Swedish captain takes him to the company’s Inner Station on a smaller boat. Outside of the station he sees Africans chained and working hard at worthless projects, with others nearby dying slowly. Marlow is impressed with the competence and dress of the accountant who works at this station. It is here that he firsts learns of Kurtz, an exceptional trader who is destined for great things. Marlow then travels to the company’s Central Station, walking two hundred miles inland with a sick, overweight white man who had to be carried by Africans, until they tired of it and abandoned him. Once at the station, Marlow meets the General Manager, a hollow man who got his job not by virtue of his merit but simply by remaining alive. His only talent is making people feel uneasy. The boat Marlow was supposed to captain had been torn up in an accident just before he arrived, so Marlow spends months at the station making repairs and waiting for rivets. During this time, Marlow watches many of the white men do no work and walk aimlessly. One day a building caught fire and they decided to punish an African for it. Marlow then meets another  hollow man, the brick maker, who has no mater ials to build bricks. The brick maker questions Marlow about his connections in Europe, and Marlow learns more about Kurtz, who is besides being an excellent trader, an artist and in Africa for the purpose of bringing light to the natives. Marlow determines that the brick maker is a spy for the manager and that neither likes Kurtz. The mysterious Kurtz increasingly intrigues Marlow. He overhears the manager and the manager’s corrupt uncle express their hatred and jealousy towards Kurtz, who is rumored to be ill. With the repairs complete, Marlow captained the boat upriver, manager on board, towards Kurtz’s station. He employed the help of a group of cannibals, whore frained from eating anyone in his presence. Just before arriving at Kurtz’s station, a tribe of Africans attacked the ship, and his African helmsman was killed, having lost his self-control. At this point Marlow worries that he may never meet Kurtz, but they find Kurtz’s station upriver. Greeted by a young Russian, Marlow finds out that Kurtz is very ill. He also finds out that Kurtz convinced a tribe he was a deity to use them to get more ivory. Kurtz goes crazy and runs for the woods, devoid of all restraint. Marlow finds him and helps him back to his bed. Kurtz gives Marlow some papers to give to people in Europe. Kurtz eventually dies, saying â€Å"The horror, the horror.† Marlow returns to Europe, delivers the papers, and eventually talks to Kurtz’s fiancà ©. She is still very idealistic and he cannot tell her about Kurtz’s last words, saying instead Kurtz uttered her name before dying.

Saturday, January 11, 2020

Marketing Simulation Essay

The rest of the sales force time would be equally divided between the segments B, C and D. Change in Strategy: During simulation, we studied the effects of percentage increase of sales force time for each market segment individually along with decrease in list price. As we proceeded with the simulation, we found that * A decrease in list price and an increase in percentage sales force time for segment D would be more fruitful in the short run as it will increase the overall sales volume and overall profit much more than in the case where sales force concentrates more on segment A. This is because the overall market share of highly price sensitive customers in segment D and â€Å"small volume customers† is almost three times of segment A’s market share. * So, even though the profit margin in segment D and â€Å"small volume customers† is lesser than that for segment A, the overall profit was greater because of the scope of much higher sales volume. * Hence, we dec ided to increase the sales force percentage time for segment D to 40% and for segment A to 30%. We decreased the sales force time percentage for segments B and C to 15% each. Also, we reduced the list price from $142 to $136. Challenges during simulation: During simulation, the primary challenge we faced was to decide on the key parameters that should be changed and the level of change in each of these parameters to get optimum profit and higher market share. Key decisions: Since our initial strategy was to increase the sales volume of segment A, we decided to concentrate on sales force time percentage parameter for each segment and the list price of the motors. We studied the effects of percentage increase of sales force time for each market segment individually along with decrease in list price on the overall profit of the company. Solution Analysis Decrease in list price from $142 to $136 and increase in sales force time percentage to 40% for segment D and to 30% for segment A. As we proceeded with the simulation, we found that * A decrease in list price and an increase in percentage sales force time for segment D would be more fruitful in the short run as it will increase the overall sales volume and overall profit much more than in the case where sales force concentrates more on segment A. This is because the overall market share of highly price sensitive customers in segment D and â€Å"small volume customers† is almost three times of segment A’s market share. * So, even though the profit margin in segment D and â€Å"small volume customers† is lesser than that for segment A, the overall profit was greater because of the scope of much higher sales volume. * Segments B and C sales force time was reduced because of the high competition that MM faces in these categories on the basis of the rmal resistance parameter. Hence, in the long run, MM can target for higher profit margins than for higher sales volume if it concentrates the sales and market research resources to segments A, B and C. The main challenge with this approach is that it would difficult to attract customers from these segments who are already loyal to competitors and would require much more effort from the sales team and the product development team to come up with a product that caters the needs of these segments especially segments B and C where MM has yet to prove its overall competitiveness. Learning and experience This simulation exercise helped us to validate whether our suggested solution was an optimal one and also helped us to arrive at new solutions through experimentation which finally led to change in our overall decisions and strategy. It also showed us how varying a single parameter can change the overall market share and overall profits of the company. Finally, it reinforced the theory behind segmentation of customers according to their buying behavior to achieve optimal marketing strategies.