Literature Review on Risk Management

Literature Review on Risk Management Software Project Management (CI6113) Title: Reviewing the Past Research Papers on Risk Management Abstract Risk Management is nowadays the important research topic in the many critical business areas and industrial areas. Project teams do not achieve their projects goals of reducing cost and gaining much profit without assessing risks and managing risks. This term paper analyzes research papers done by many researches in the field of the Risk Management within 2000 and 2007 and describes the results of the analysis of those research papers. Our goal of this paper is to inference and to justify the trend of the Risk management in research areas and business areas. There are many topics in the Risk Management such as Risk Analysis, Risk Assessment, Risk Control and others. This paper’s analysis path is starting from the project risk identification and end with the risk control topic. This paper provides the results what the gaps between researches are. Furthermore, this paper learns briefly what the problems and trends before year 2000 are. Introduction This paper examines the results of the past research papers published from 2000 through 2007. We focus on Risk Management and their related topics. In addition, we also examine the trends of the Risk Management within this period. We analyze which topic had been researched most in a particular year and which methods were used in that year. This paper learns publications issued by year by year and group them in each year. In addition, we analyze the topics which are relating to the specified topic. We found trends of the research in a year while we were learning them. According to the past results came from publications, we can make sense of mind for future of the Risk Management. This paper examines the situation which can become in future according to the study. Background Many project managers and strategic management are concerning about risks in long term strategic basic. So, we need to learn the risks. Risk is the uncertainty in the life cycle of the project. In 2003, Webster’s New Explorer College Dictionary defines the risk as â€Å"the possibility of danger and sufferance of harm or injury†. Risk cannot be seen without any emphasize upon it. In addition, risks can also give hopes to the successful project. So, if risks which cannot be seen before could be found and assessed then the proposed project will be successful. But risks found and assessed can never be avoided. It can be reduced by using the some techniques or adjustments. Some risks can be ignored without any executing. Risk may terrify to some persons related to the project because if it could not be uncovered, the team may incompetent in managing the project. According to the problems, risk management was critical issue of the project management. Researchers were doing researches to reduce and manage the risks which can be encountered in a project. People in the business areas were also finding the ways how to ignore the encountered risks. Some are finding how to control the risks. In addition, they were finding what risks can violate the project management unless they did not control the risks encountered. A risk which encounters in a year is not the same as the problem in another year. Because of the nature of project which depends on the World’s business. As changing the nature of the business, the nature of the risks is becoming change. Furthermore, research area is also changing according to the nature of the risk. So, the research trend for a year may not same as the trend of another year. To learn the research trend turmoil, we need to learn publications issued from 2000 through 2007. The next section will explain the importance of our paper. Situation of the paper There are many researches for the project management. Past research (Timothy Warrren, 2002) had done a research for the whole project management. It covered research published in English from 1960 through 1999. This paper covered within the period of 2000 and 2007 learned the topics of the risk management. We separated the research areas according to the Project Management Body of Knowledge (PMBOK). These are Risk Identification and Assessment, Risk Qualification, Risk Response Development and Risk Control. Objectives of the paper The objective of this paper is to learn the trend of the Risk Management in past research publication. We restricted the period to be learned for each topic. This paper is intended to learn that how the risks emerged during the project time, is handled using which tools and methods. This paper intended to find the gaps between researches in each year and whole period of year 2000 and 2007. The paper learned only risk management out of topics of project management for the period. So, the other topics can be learned like our paper. These are Communication, Cost, Procurement, Human Resource, Outsourcing, Integration, Quality, Scope and Time Management. Literature review In this era, many companies conduct a great portion of their jobs in project form. Traditionally projects were mainly found in the construction industry and sections of the military, but the competitiveness of the markets of today with fast-changing technology encourages almost all companies to adopt project management (Burke 2003). Project management is the application of knowledge, skill, tools and techniques to project activities to meet project requirement. Project management is accomplished through the use of the processes such as: initiating, planning, executing, controlling, and closing (PMBOK guide 2000). Because of global economical pressures, turbulence in the corporate environment and market forces leading to the increasing demands and tougher competition projects have to be implemented at lesser time, cost and with better functionalities. This causes growing demands on the management’s ability to forecast and react to unforeseeable events- risks. Risk is an abstract concept whose measurement is very difficult (Raftery, 1994). The Oxford Advanced Learner’s Dictionary – 5th Edition defines risk as â€Å"The possibility or chance of meeting danger, suffering loss or injury†. The British Standard BS 4778 defines risk as â€Å"A combination of the probability, or frequency, of occurrence of a defined hazard and the magnitude of the consequences of the occurrence†. Risk may be expressed in a mathematical form as follows: Risk = (Probability of the occurrence of a defined event) x (Consequences of the occurrence of that event) Therefore, risk management is nowadays a critical factor to successful project management. Overview of Risk Management Project risk management is the art and science of identifying, analyzing, and responding to risk throughout the life of a project and in the best interests of meeting project objectives. (Schwalbe, 2006) Risk management has been practiced informally by everyone, with or without conscious of it, since the dawn of time. Modern risk management, which had become a widely accepted management function during the period from 1955-1964 (Snider, 1991) has its roots in insurance to which it has been closely aligned for more than three centuries (Ibid). The story of risk management has not all been positive and supports the argument that it is currently ineffective at managing surprise. In the 1960’s project management was under heavy criticism for project failures due to technical uncertainty, contact strategy, community opposition and project environmental impacts (Morris, 1997). A project manager may still today argue that the last two are external project factors and outside the immediate project environment under their control (Ibid) and it may be often assumed that these will be passed up the line to higher management levels (Chapman Ward, 1997). The main objectives of risk management include (Yee et al., 2001): To enable decision-making to be more systematic and less subjective. To provide an improved understanding of the risks facing a project by identifying risks and response scenarios. To assist in deciding which risks require urgent attention and which can be addressed later. To force management to realize that there are many possible outcomes for a project, and appropriate measures should be planned for any adverse consequences. Flanagan and Norman (1993) proposed a risk management framework as shown in Fig.3.1 which depicts the elements of the risk management system – risk identification, risk classification, risk analysis, risk attitude and risk response. Risk Identification Risk Classification Risk Analysis Risk Response Risk Attitude Figure 2.1 Risk management Framework (Source: Flanagan Norman, 1993) According to (PMBOK, PMI 2000) and (Schwalbe 2006), Project Risk Management has following processes Risk Management Planning Risk Identification Qualitative Risk Analysis Quantitative Risk Analysis Risk Response Planning Risk Monitoring and Control The following Fig.3.2 depicts how risk management processes involved in each of the project management process Initiation Planning Executing Controlling Closing Risk Identification Risk Identification Risk Response Control Risk Quantification Risk Response Development Fig 2.2 Risk Management Processes in each Project Management Process (Source: Dan Brandon, 2006) Risk management will not eradicate all the risks. It will enable decision to be made explicitly which will reduce the potential effect of certain risks. It will also assist in rational, defensible decisions regarding the allocation of risk among the parties to the project. Risk analysis is not a substitute for professional judgments and experience. On the other hand, it helps professionals to make use of the full extent of their experience and knowledge by liberating them from the necessity of making simplifying assumptions in order to produce deterministic plans and forecasts. Risk analysis is supplement to, not a substitute for professional judgments. Recent Approaches to Risk Management Project risk management is a topic of major current interest. It is being actively addressed by many government agencies and most of the professional project management associations around the world, and many relevant standards are extant or being developed. Some examples from the many approaches in use include: (Cooper D., Grey S., Raymond G., Walker P., 2005) Project Management Institute (PMI), USA (2003), Project Management Body of Knowledge, Chapter 11 on risk management; Association for Project Management, UK (1997), PRAM Guide; AS/NZS 4360 (2004), Risk Management, Standards Association of Australia; IEC 62198 (2001), Project Risk Management—Application Guidelines; Office of Government Commerce (OGC), UK (2002), Management of Risk; and Treasury Board of Canada (2001), Integrated Risk Management Framework We fill the research gap in risk management field from year 2000 to 2007. Methodology We conduct a quantitative bibliographic study on pass papers published from year 2000 to 2007. We collected papers and journals from electronic databases– ACM, IEEE and ProQuest. Our objective of this paper is to find the current research trend on Risk Management by analyzing and categorizing those research papers. Project Risk Management Research It is the process of finding what current researchers are emphasizing in. It includes defining the current works on project management, particularly on Risk Management articles and papers. Then make generalized conclusion based on collected and analyzed works. This conclusion or judgment is made based on project risk management processes– risk management planning, risk identification, qualitative risk analysis, quantitative risk analysis, risk response planning, risk monitoring and control (PMBOK 2000, Schwalbe 2006). Sources of data We collected articles and papers published in years 2000 to 2007 from these databases which are known to be rich information about project management. ACM Digital Library ACM digital library includes magazines, journals, transactions, publications by affiliated Organizations, SIG news letters, Conference Proceeding Series. ACM digital library provides service for individual, universities, libraries and corporations. We find that risk management is one of the research fields in many businesses and industries. ACM includes diversity of business and industrial processes which enables us to inference the future trend in different fields. IEEE Explore To support our conclusion and get strong analytical results, we also collect articles and papers from IEEE explore which has more technical articles and papers than ACM digital library. It includes 1,682,970 online documents to be referenced. ProQuest Another supporting database which we extracted articles and papers is ProQuest. That includes ABI/INFORM databases, dissertation and theses, etc. Data analysis from that database will be icy on our research cake Data selection from the databases We conduct full text search in above databases using author, title, keywords based on year. Then tasks are separated among us based on years and combined later. Papers and articles are found based on the following criteria: Keywords: Risk Management, Risk Identification, Risk Analysis, Risk Transfer, Risk Control, Risk Response Years: 2000 to 2007 Output format and research data representation Output format will be as the following: Researchers Title Database Risk Category Year Business Category Sub Category Method The papers and articles are attached in the appendix B. We classified each paper into specific risk management processes (PMBOK 2000, Schwalbe 2006). We also analyzed which business category that each paper falls into and which specific method do they use in conducting the specified risk management Process. To get the consistent taxonomy in risk management, we identified the papers and articles into the categories guided by (PMBOK 2000, Schwalbe 2006). They are: Risk Management Planning: This is how businesses and industries plan and handle for risk. Risk Identification: This is how businesses and industries emphasize on identification of risk throughout their organizational processes. Risk Analysis: This involves how organizations conduct quantitative and qualitative risk analysis based on sampling and probability/impact matrixes. Risk Response Planning: This shows how organizations develop risk response strategies like how to avoid, how to have tolerance, how to mitigate risk, how to transfer risk etc. Risk Monitoring and Control: This involves how organizations monitor the identified risks, new risks through out the execution of the projects. Business and industrial categories are identified as follow: Construction Education Finance Healthcare Insurance Information Technology Disaster E-commerce E-banking Internet Business Information Security Software development Maritime Marketing Organizational Process Pure General Research Terrorism We also found that information technology risk management plays a great role in modern businesses and industries because of wider usage of internet and web technologies. Our analyzed data will be represented in pie chart, bar chart and line chart by comparing different categories, different risk manage processes, different years etc. Data Collection and Analysis Data Collection We used digital databases web site – ACM, IEEE and ProQuest for scholar paper and articles and the existing search engines – google and yahoo. But we are not unable to get some papers from the search engines. So, we used these to get only information which papers are located in which databases. Using information returned from the search engines, we search the desired papers in the databases. The following chart, Fig 1 shows the state of the materials found in the three sources – ACM, IEEE and ProQuest. Figure 1 Distribution of papers There are 113 papers found in those databases. We summarized the papers found in the three sources. We categorized by the papers by using PMBOK guide. We provided the Risk Analysis, Risk Assessment, Risk Control, Risk Response and Risk Identification. The following diagrams show the results. We learned that ACM database has more papers related to the risk management as in Fig 2. Other two databases have papers. But some papers are general for risk management. So, we discarded the papers and then we collected the more specified papers which are related to the above titles. We prepared the results with some charts as shown in below figures. Figure 2 Research papers found in ACM database by category Figure 3 Research papers found in IEEE database by category Figure 4 Research papers found in ProQuest database by category The above figures, Fig 2, Fig 3, Fig 4 show that the papers found in the ACM, IEEE, ProQuest database are shown by categories. Risk analysis is mostly conducted by majority of researchers. It was conducted mostly in year 2005 and 2006. Risk assessment and risk response research areas are fewer than other risk management process areas. Research for risk response is very rare, not fairly distributed and found in certain year. Data Analysis The trends of the risk analysis for the year 2000-2007 are shown in graph, Fig 5. We learned that IT project management was highest in recent 7 years. Figure 5 Trends in different business and industries within year 2000-2007 Information Technology We learned that there are varieties of IT projects. We categorized it as follow. Software Development E-Banking Disaster Information Security E-Commerce Internet Business When we categorized these topics, we found that some fields are ambiguous to group them. Some fields are software performance testing and fields emerged after the development phase. We grouped these fields were in the Software Development part. We grouped Networking security and other Internet security fields into the Information Security part. We formed a group for the Internet Banking as a E-Banking. In the Disaster group, we put the some disasters in the Disaster parts. These disasters sometime can be seen when processing some tasks in IT such as software error, hardware crash, and wrong information usages. We collected the potential security risks and group them into the Information Security group. Internet Business can be confused with E-Commerce and E-Banking. We intended the Internet Business to group the fields of the some businesses which are using Internet and make transactions via internet such as Online Registration. We found that Software Development risk analysis is most famous. In 2006, Software Development trend is the more than year 2005 and 2007. But year 2007 is not ended. So we can’t make any decision for that year. Figure 6 Risk management processes in different information technology fields Internet Business is the second thing to be learned. But Information security is down in 2006. Internet Business is coming up. Construction Construction group has the fields of which are architectural fields and construction works. We learned that in 2000 and 2001, there are some interests upon that field. In 2001, the construction field can be seen as a hottest field. Education We grouped the some fields in to Education group that fields are Education fields, learning methods in Education. The research related with the Education can be seen in the year 2004 only. Finance Finance group is wide. We formed the Finance group for some fields that are Cost Estimation, Accounting, Management Accounting and Banking. The finance is most famous in 2004. In the subsequence year, trend for the finance is running down to bottom. Healthcare We collected the data for the healthcare. But it is difficult to collect for the healthcare. We learned that in 2005, healthcare was appropriate level. But later, we cannot see it until 2007. Marketing In 2002 and 2005, marketing was in regular level. In 2003 and 2006, it was high up to 2. So, we learned that marketing was the regular level. Organization In the organization group, we combine the Oil Field, NASA, and some other organization-oriented fields. There are some researches for the organization in every year. There are some researches in the organization group within 2002 and 2006. Terrorism Terrorism was the new emerging fields after 9/11 problem. But later, we were not available for that field later years. This group is an exception for the risk management. But it is one thing to be considered later. Maritime Maritime was the individual fields. We did not combine any fields to that group. This category can be seen in only 2001. Insurance Insurance is the same as the Maritime. We learned that that group is only one field. We learned that the field was in the 2004 and 2005. But Insurance can become an interesting topic in future. General In General group, we combine other fields such as some theory approves and lecture views. Before conclusion section, we intended to present the findings as summary of data collection and analysis. Risk management is the sub-set of Project management. In academic field, risk management researches are becoming increasingly. According to our analysis, risk management researches related to Information Technology are highest topic of the research filed. But one of our exceptional cases is that we need to learn many research papers from many databases. We studied only three databases and 113 research papers. If we learned more papers, we can get more perfect result. In this paper, we categorized only 11 fields. It is general for the risk management. To get the better result, we also need to categorize the exact fields out of many fields. We can also categorize the risk management fields more according to the PMBOK guide. Conclusion and recommendation Business organization and industries suffer from lost and harm because of poor handling in risk management. They have been enduring the agonizing outcomes of failure in the form of unusual delays in project completion, with cost surpassing the budgeted cost and sometimes failed to meet quality standards and functional requirements. Competition among rivals makes the companies to deliver projects in less time and cost with better functionality. Risk management is a predefined and structured approach for identifying and analyzing potential risks associated with a project so that effective risk treatment can be done at the lowest cost. It is not impossible to eliminate all risk and costly to overdo risk management, but it is also unwise to think of eliminating risk. There will be, sometimes, positive risks those will lead to profit if properly analyzed and identified. Our term paper provides an analysis on papers and articles and conduct bibliographic study by particular risk management process and business category. Risk management researches are mostly done in mission critical environments and risky projects. As internet booms, information security and e-business issues are associated with a lot of risks. We found that majority of research papers are related to information technology in last decade. Risk in credit portfolio management, supply chain, pricing and insurance fields are also researched as they are related to financial lost and harm. Though risk management can offer significant benefits to a project in order to reduce nasty surprises and identify and act upon opportunities, it is, however, not a ‘panacea’ for the problems and surprises which befall many projects and should not be seen as the ‘silver bullet of project management’ (Pavyer, 2004) as Murphy’s Law is the governing law of project management: if something can go wrong, will go wrong. As we collected from three databases, mainly from ACM, our result can be a little affected by other finding and papers. Results will be slightly different as we go though several databases. Even thought we titled to 2007, we believe that other findings and papers will come out during this year. But based on our analysis, some inferences and emerging trends can be seen. Recommendations As people and management are aware of the importance of risk management processes, it would be more affective and appropriate to put more emphasis on formal and or informal education and training to further enhance their awareness of risk management. Formal education could be graduate studies in financial project management, software project management and construction project management etc. Informal education and training could be in the form of career development programs or workshops within organization or organized by academic institutions or professional seminars. Each organization should have own risk management plan, risk response plan, and human risk factors plan. Risk management team should be formed according to project manager’s guidelines and organizational goals. Project manager must aware of current risk management trends and technological trends for long term strategic planning. Researchers on risk management should cooperate and conduct on research areas which have been done less like autonomous agent systems, spacecraft systems, information security management. Appendix A. Reference Burke, R. (2003). â€Å"Product Management.† Biddles Ltd, Guildford. Brandon, D. (2006) â€Å"Project Management for Modern Information Systems† IRM Press Cooper D., Grey S., Raymond G., Walker P., (2005) Managing Risk in Large Projects and Complex Procurements. Chapman, R. J., and Ward, S. (1997). â€Å"Project Risk Management Processes, Techniques and Insights† John Wiley Sons, Chichester, UK. Flanagan, R., and Norman, G. (1993). Risk Management and Construction, Blackwell, Oxford, UK. Pavyer, E. (2004). â€Å"Evaluating Project Risk.† Strategic Risk Management, Auguest 2004, 24-25 Project management institute (2000). â€Å"A Gide to Project Management Body of Knowledge† Project management institute, 6 Raftery, J. (1994). Risk Analysis in Project Management, E FN SPON, London, UK. Snider, H. W. (1991). â€Å"Risk Management: A Retrospective View.† Risk Management April, 47-54 Schwalbe, K. (2006). â€Å"Information Technology Project Management.† Thomson Course Technology, 425 Yee, C. W., Chan, P., and Hu, G. (2001). Construction Insurance and Risk Management- A Practical Guide for Construction Professionals, The Singapore Contractors Association Ltd., Singapore. Appendix B. List of papers Researchers Title Database Risk Category Year Business Category Sub Category Steven L. Cornford, Martin S. Feather,John C. Kelly, Timothy W. Larson, Burton Sigal,James D. Kiper Design and Development Assessment ACM Risk Assessment 2000 IT Mary Sumner Enterprise Wide Information Man

Permaculture †A Sustainable Future Essays -- Environment Environmenta

The term â€Å"permaculture† was coined in 1978 by Bill Mollison, an Australian ecologist, with one of his students, David Holmgren. It is a contraction of â€Å"permanent agriculture† and also â€Å"permanent culture.† Permaculture is a relatively broad term subject to interpretation, but generally it is a design system for creating sustainable human environments. The aim is to create systems that are ecologically sound and economically feasible, which do not damage or pollute and are therefore sustainable in the long term. It is based on the careful observation of natural ecosystems, the value of traditional farming practices, and modern scientific and technological knowledge (Mollison, 1991). The basic philosophy of permaculture is a philosophy of working with, rather than against nature, of thoughtful observation rather than thoughtless labor, and of understanding the multiple functions of plants and animals, instead of treating them as single-product systems. Permaculture presents an alternative to trying to make the environment yield to our brute strength and blows. Bill Mollison, in his book Introduction to Permaculture, asserts that â€Å"if we attack nature we attack (and ultimately destroy) ourselves†(Mollison, 1991). Mollison, 1991, also states that harmony with nature is only possible if humans can discard the notion that we are superior to the natural world. He states, â€Å"We are not superior to other life-forms; all living things are an expression of Life. If we could see that truth, we would see that everything we do to other life-forms we also do to ourselves. A culture which understands this does not, without absolute necessity, destroy any living thing.† Permaculture in its design recognizes th... ...ibliography Christensen, Bill. â€Å"Harvested Rainwater,† Nov. 2002, http://www.greenbuilder.com/sourcebook/. Fry, Kirby, and Inger Meyer. â€Å"A Photographic Tour of Cross Timbers,† 1994, http://csf.colorado.edu/perma/ctpi/images/tour.html. Harland, Maddy. â€Å"Permaculture Design Bites.† May, 2002. http://www.permaculture.co.uk/info/what.html Holmgren, David. http://www.thefarm.org/permaculture/ Leisure Coast Permaculture Visions. â€Å"What’s the Difference Between Organic Gardening and Permaculture,† July, 2001. Mollison, Bill. Introduction to Permaculture. Tagari Publications, Tagari Australia: 1991. Wasser, Katherine. â€Å"About Permaculture: A Brief Introduction.† Tucson Food Co-op News, August 1994. http://members.ozemail.com.au/~askpv/organic-perma.htm. http://www.permaculture-hawaii.com/intern.html http://www.permaearth.org/

Global Warming Essay -- Greenhouse Effect Climate Change

Global Warming The humanity is currently facing one of its biggest problems ever. Indeed, the Earth is warming and consequences might be devastating for the future generations. There is a general agreement among scientists that Earth's climate is being affected by industrial society. Industry affects global climate by releasing greenhouse gases (GHGs). The most significant GHG is carbon dioxide (CO2). While some GHGs occur naturally, others are released in the atmosphere by certain human activities such as the burning of fossil fuels, deforestation activities and some agricultural practices. These activities affect climate by increasing the so-called 'greenhouse effect'. GHGs concentrate in the Earth's atmosphere and trap heat by blocking some of the long-wave energy the Earth normally radiates back to space. The effect is weather and climate changes. The potential consequences include more extreme weather, dislocation of agricultural and commercial activities, expansion of desert regions, a rise i n sea levels, and damaged natural habitats and ecosystems. All of these threaten the natural capital that provides the economy's resource base. Mankind pours more than 6 billion tons of carbon dioxide each year. If nothing is done, the total is expected to be 20 billion tons by 2050. Therefore, we must act now. Since the 1980's the global concern about climate change has been rising and politics have begun to address the issue through international co-operation. Nation states have set ambitious goals through the Kyoto protocol, but international regulation is not an easy thing and the structure that rules it is perhaps not well adapted for the issue of Climate Change. Even if the regulations are not yet finalised, some companies recognise business reasons to reduce GHG emissions, which go beyond the obvious concern of protecting the natural environment. The Gilette Company is one of those that have taken measures to use energy in an efficient manner. The first international conference on environment and development was the 'Rio Earth Summit' in 1992, where the United Nations Framework Convention on climate Change (UNFCCC) was created. Today, 181 governments and the European Union (EU) are parties to the Convention. They meet regularly at the annual Conference of the Parties (COP), where they review the implementation of the Convention and continue talk... ... Web sites  · www.guardian.co.uk  · www.lemonde.fr  · www.sovereignty.net  · www.unfccc.org  · www.ipcc.ch  · www.bsr.org  · www.gilette.com (1998 Report on the Environment, Health and Safety) Books  · French, Hillary, 2000. Coping with ecological globalization (State of the world 2000)  · White, Brian Richard Little, and Michael Smith, 1997. Issues in World Politics, Chap. 11: Vogler, John. Environment and Natural Resources. London: MacMillan Press Ltd Articles  · Elliot, Larry. 'After the failure of international nerve at The Hague, it is surely time to set up new global institutions'. The Guardian, Nov. 29, 2000  · O'Neill Packard, K. and Reinhardt, F. 'What every executive needs to know about Global Warming'. Harvard Business Review, July-August 2000. pp. 129-135  · 'On Thin Ice - Cold feet and hot air on Global Warming'. World Press Review, February 2001: - Petitjean, Gerard. 'The 21st Century: Hot, Hot, Hot'. Le Nouvel Observateur, Paris, France, Nov. 23, 2000. - Radford, Tim. 'A Grim Picture'. The Guardian, London, England, Nov. 15, 2000. - Joku, Harlyne. 'Sea Levels Rising'. Gemini News Service, London, England, Nov. 3, 2000.

Elizabeth I :: essays research papers fc

Elizabeth I King Henry VIII changed history in order to marry Anne Boleyn, hoping she could give him a son to be his heir. He already had a daughter, Mary, by his first wife, Catherine of Aragon, a princess of Spain, whom he divorced. The Pope would not allow the divorce, so Henry declared himself the Head of the Church of England, and disallowed any power the Pope might hold on English religion. On September 7, 1533 in Greenwich Palace, Anne had a daughter, who was named Elizabeth. A few years later, Henry accused Anne of incest, which historians agree was probably untrue - but Anne was beheaded in May 1536, and Elizabeth, not even three years old, was sent to live with relatives so she wouldn't remind Henry of Anne. Henry had remarried Jane Seymour, who gave birth to Henry's son, Edward, later to be Edward VI, but died soon afterwards. Catherine Parr, Henry's sixth and final wife, brought Elizabeth and Mary back to court. As the Dowager Queen, she moved away from court and left the ruling of the country to Edward VI, who was still a young boy. Edward Seymour (young Edward's uncle) became Lord Protector of England. Elizabeth went with Catherine, but left after an incident with Catherine's new husband, Thomas Seymour, and rumors of the time suggested that Catherine caught them kissing, or perhaps even in bed together. Catherine died soon after Elizabeth's departure. Young King Edward was always sickly, and came down with consumption, or tuberculosis. It seemed that he would die too young to have a child to be his heir, and it became a dangerous time for Princess Elizabeth. She was Henry's daughter, she was in Henry's will as an heir, she was in line for the throne and so was a target of many marriage proposals. Thomas Seymour asked Elizabeth to marry him, but she refused. However, both were suspected of plotting against Edward. Elizabeth was not questioned, but Seymour was arrested and eventually executed for treason after an attempt to kidnap the young king. Elizabeth, upon hearing of the Lord Admiral's death, was marked as saying "Today died a man of much wit, and very little judgment." Edward's declining health began a movement of Protestants who did not want Mary, a Catholic, to gain the throne. Lady Jane Grey, a descendant of Henry's sister Mary, was also considered a possible heir. When Edward died in 1553, Jane was proclaimed Queen by her father and father-in-law, but more people supported Mary.

Personal Values and Organizational Ethics Essay

1. How would Locke, Smith, and Marx evaluate the various events in this case? They would evaluate this case by claiming that the government ownership of companies is the kind of government ownership of the â€Å"means of production†. (Smith – the â€Å"father of modern economics† who is the originator of utilitarian argument for the free market. According to Smith, when private individuals are left to seek their own interests in free markets, they will inevitably be to lead to further the public welfare by an invisible hand: (a market competition). Market competition ensures the pursuit of self-interest in markets advances the public’s welfare which is a utilitarian argument. Government interference in markets lowers the public’s welfare by creating shortages or surpluses). (Locke – an English political philosopher, is generally credited with developing the idea that human beings have a â€Å"natural right† to liberty and a â€Å"natural right† to private property. He argued that if there were no governments, human beings would find themselves in a state of nature. Each individual would be the political equal of all others and would be perfectly free of any constraints other than the law of nature. The moral principles that God gave to humanity and that each individual can discover by the use of God-given reason. In Locke’s State of Nature all persons are free and equal. The existences of the Lockean rights to liberty and property implies that societies should incorporate private property institutions and free markets. (Marx – well known critic of private property institutions, free markets, and free trade. 2. Explain the ideologies implied by the statements of: the letter to the U.S. Congress signed by 100 leading economists, Joseph Stiglitz, Bob Corker, the Republican resolution on the bailouts, Robert Higgs, and Michael Winther. The ideologies implied by the statements signed are: Moving the free market based economy another dangerous step closer toward socialism. Socialism is characterized and defined by either of two qualities: Government ownership or control of capital, or forced pooling and redistribution of wealth. 3. In your view should the GM bailout have been done? Explain why or why not. Yes, because the auto industry was on the verge of collapse and there were a million jobs at stake. In exchange for help, responsibilities were demanded and workers and automakers settled their differences. As of today, General Motors is back on top as the world’s number-one automaker. Chrysler has grown faster in the U.S. than any major car company. Ford is investing billions in U.S. plants and factories. And together, the entire industry added nearly 160,000 jobs. The company became a viable business again. Was the bailout ethical in terms of utilitarianism, justice, rights, and caring? Yes, I believe it was the best thing to do because if it had not happened the GM would have died and would have not been in existence anymore. 4. In your judgment, was it good or bad for the government to take ownership of 61 percent of GM? Explain why or why not in terms of theories of Locke, Smith and Marx. I think that is was good for the government to take ownership of GM because it allowed the company to become a viable business again. Priscilla Hatch Personal Values and Organizational Ethics Case: The GM Bailout Stephen Jackson – Instructor January 22, 2013

Information Systems Proposal

This course provides an overview of Business cultivation Systems. Students distinguish to apply Microsoft spatial relation tools including form processing, sp rakesheet, database, and demo softwargon to accomplish work objectives. otherwise topics include uses of application software and the earnings for effective problem solving, exploration of germane(predicate) emerging technologies, and how information is used across different industries. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained at heart the following devil enters University policies You must be logged into the student website to view this document. Instructor policies This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of all(prenominal) class. Policies whitethorn be slightly different depending on the modality in which you attend class. If you get recently changed modalities, read the policies governing your authorized class modality. Course Materials Grauer, R. T. , Poatsy, M. A. , Mulbery, K. , Hulett, M. , Krebs, C. & Mast, K. (2011). Microsoft Office 2010 peck 1. Upper Saddle River, NJ Pearson learner Hall. Rainer, R. K. & Cegielski, C. G. (2011). Introduction to information systems Supporting and transforming business (3rd ed. ). Hoboken, NJ John Wiley & Sons. All electronic materials are available on the student website. Week One Information Systems and forge Processing Tools DetailsDuePoints Objectives1. 1Explain the benefits of information systems in the work environment. 1. 2Describe ethical issues related to information technology. . 3Use give voice processing tools to communicate business objectives. ReadingsRead Ch. 13 & Technology Guide 1 of Introduction to Information Systems. Read Ch. 1 & 2 for Word in Microsoft Office 2010. Read this weeks electronic Reserve Readings. ParticipationParticipate in clas s discussion. 2 Learning group InstructionsResources Learning team Charter Create the Learning Team Charter. Individual Information Technology comes PaperSelect two of the following acts to research Do not Call Implementation Act, 2003 Controlling the plunder of Non-solicited Pornography and Marketing (CAN-SPAM) Act, 2003 Federal Information Security Management Act (FISMA), 2002 marriage and Strengthening America by Providing trance Tools Required to Intercept and Obstruct act of terrorism Act (US Patriot Act), 2001, renewed 2006 Childrens Internet vindication Act, 2000 Financial function Modernization Act, 1999 Childrens Online seclusion Protection Act (COPPA), 1998 No electronic stealth (NET) Act, 1997 Health Insurance Portability and Accountability Act (HIPAA), 1996 Telephone Consumer Protection Act (TCPA), 1991 photograph covert Protection Act, 1988 Computer dodge and Abuse Act, 1986 Electronic Communications Privacy Act, 1986 The Cable Communications Policy Act, 19 84 Electronic Funds Transfer Act, 1978 Family Educational Rights and Privacy Act, 1974 Fair Credit Reporting Act, 1970 rear a 350- to 1,050-word paper that answers the following uncertainty What were the advances in information technology that resulted in new ethical issues necessitating the creation of each act? Format your paper pursuant(predicate) with APA guidelines. 10

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.