Colonialism and Morality in The Moonstone and The Man Who Would Be King

Colonialism and Morality in The Moonstone and The Man Who Would Be King Let us presuppose to begin with that the cursed jewel is an impossibility and the powers of the Moonstone or any other gem for that matter only exist on an atomic level ( i.e. the energies which bind such objects together and make them what they are). Additionally it should be considered that no such object is the means by which a being exerts powers and no such object consciously exerts powers itself. Notions of the cursed or powerful jewel can be seen as a bi-product of what Said terms â€Å"Orientalism.† Said describes â€Å"The Orient† as â€Å"almost a European invention,† a place of â€Å"exotic beings and remarkable experiences.† (Ashcroft et al ed. p.87) This hypothesis adequately compliments Wilkie Collins’ characterisation of the eponymous jewel in The Moonstone and the moral pattern the author forms around its adventures. In the Nineteenth Century the jewel was the ultimate exotic object, Collins describes the Moonstone as â€Å"a yellow diamond- a famous gem in the native annals of India,† (Collins p.33) and clearly credits influence to the Koh-i-Noor in his preface to the novel. Collins builds upon the alien nature of such an object utilising the perceived mysticism of the Orient linking the jewel to a â€Å"four handed Indian God† (Collins p.33) [Said’s â€Å"exotic being† ?] and superstition, the notion of the jewel â€Å"feeling the influence of the deity who adorned it† (Collins p.33) [â€Å"remarkable experiences† to Said?]. Collins rapidly develops the exotic object into the cursed object primarily to create a long involving tale with a successfully satisfying denouement. the novel is, of course foremost a detective story; how memorable or lengthy a tale would it have been if the... ...---------------------------------------------- Controlling of persons. Tolerated Peachy Carnahan (book). (Pseudo-looting in Imperialism. name of the crown?) --------------------------------------------------------------------------------------- Innocent appreciation Good Imperialism. Franklin Blake, Rachel Verrinder, Mr of native culture. Murthwaite, Narrator of The Man Who Would Be King (Kipling?) -------------------------------------------------------------------------------------- Bibliography Collins, Wilkie The Moonstone London: Penguin 1966 Kipling, Rudyard The Man Who Would Be King and Other Stories London: Granada 1975 The Post-Colonial Studies Reader e. Ashcroft, Griffith, Tiffin, London: Routledge 1995 The Man Who Would Be King dir. John Huston 1975

Maslow’s Hierarchy of Needs Essay

1)Explain the motivation problem with the hourly-paid employees in this organization in terms of the content models of motivation. What are the other things that the human resources manager is referring to in speaking of things besides money, conditions, and fringe benefits that are needed to motivate employees? The first theory that is briefly presented is Maslow’s hierarchy of needs. After which, this is linked to the needs of Tom, Rajina, and Harry. Maslow’s Hierarchy of Needs Perhaps, the most famous theory of satisfaction and motivation was developed by Abraham Maslow (1954 in Loop, 1994). Maslow believed that employees would be satisfied with their jobs at any given point in time if certain needs were met. Maslow believed that there are five major types of needs and these needs are hierarchical – that is, lower level needs must be satisfied before an employee will be concerned with the next level of needs. Basic biological needs. Maslow thought that an individual first seeks to satisfy basic biological needs for food, air, water, and shelter. An individual who does not have a job, is homeless, and is on the verge of starvation will be satisfied with any job as long as it provides for these basic needs. When asked how well they enjoy their job, people at this level might reply, â€Å"I can’t complain, it pays the bills. † Safety needs. After the basic biological needs have been met, a job that merely provides food and shelter will no longer be satisfying. Employees then become concerned about meeting their safety needs. That is, they may work in an unsafe coal mine to earn money to ensure their family’s survival, but once their family has food and shelter, they will remain satisfied with their jobs only if their workplace is safe. Safety needs have been explained to include psychological as well as physical safety. Psychological safety – often referred to as job security – can certainly affect job satisfaction. For example, public sector employees often list job security as a main benefit to their jobs – a benefit so strong that they will stay in lower paying public sector jobs rather than take higher paying, yet less secure, jobs in the private sector. Social needs. Once these first two need levels have been met, employees will remain satisfied with their jobs only when their social needs have been met. Social needs involve working with others, developing friendships, and feeling needed. Organizations attempt to satisfy their employees’ social needs in a variety of ways. Company cafeterias provide workers the place and opportunity to socialize and meet other employees, company picnics allow families to meet one another, and company sports programs such as bowling teams and softball games provide opportunities for employees to play together in a neutral environment. Ego needs. When social needs have been satisfied, employees concentrate next on meeting their ego needs. These are needs for recognition and success, and an organization can help to satisfy them through praise, salary increases, and publicity. Ego needs can be satisfied in many ways. For example, many organizations use furniture to help satisfy ego needs. The higher the employee’s position, the better his office furniture. Self-actualization needs. Even when employees have friends, have earned awards, and are making a relatively high salary, they may not be completely satisfied with their jobs because their self-actualization needs may have not been satisfied yet. These needs are the fifth and final level of Maslow’s needs hierarchy. Self-actualization may be best defined by the US Army’s recruiting slogan, â€Å"be the best that you can be. † An employee striving for self-actualization wants to reach her potential in every task. Thus, employees who have worked within the same machine for 20 years may become dissatisfied with their jobs. They have accomplished all that they can with that particular machine and now search for a new challenge. If none is available, they may become dissatisfied (Knoop, 1994). In the case study, it has been pointed out that Tom does not seem to be simply motivated by money alone, suggesting that he has probably gone beyond the basic biological needs. There should be effort on the part of his supervisor to look for esteem or self-actualization needs, perhaps. One option is for his job to be enriched. This is also true in the case of Rajina who does have loyalty to the company, but is not too assertive. She may be asked to engage in activities that will increase her self-esteem. Finally, Tom is easily motivated by monetary rewards, and may be rewarded and motivated by these. Still another theory is the two factor theory of Herzberg. Two-factor Theory Still another needs theory, which reduces the number of needs to two, was developed by Herzberg. He believed that job-related factors can de divided into two categories, motivators and hygiene factors – thus the name two-factor theory. Hygiene factors are those job-related elements that results from but do not involve the job itself. For example, pay and benefits are consequences of work but do not involve the work itself. Similarly, making new friends may result from going to work, but it is also not directly involved with the tasks and duties of the job. Motivators are job elements that do concern actual tasks and duties. Examples of motivators would be the level of job responsibility, the amount of job control, and the interest that the work holds for the employee. Herzberg believed that hygiene factors are necessary but not sufficient for job satisfaction and motivation. That is, if a hygiene factors is not present at an adequate level (e. g. the pay is too low), the employee will be dissatisfied. But if all hygiene factors are represented adequately, the employee’s level of satisfaction will only be neutral. Only the presence of both motivators and hygiene factors can bring job satisfaction and motivation. Herzberg’s theory is one of those theories that makes sense but has not received strong support from research. In general, researchers have criticized the theory because of the methods used to develop the two factors as well as the fact that few research studies have replicated the findings obtained by Herzberg and his colleagues (Knoop, 1994). McClelland’s Needs Theory The final needs theory was developed by McClelland (1961 in Knoop, 1994) and suggests that differences between individuals stem from the relationship between a job and each employee’s level of job satisfaction or motivation. McClelland believed that employees differ in their needs for achievement, affiliation, and power. Employees who have a strong need for achievement desire jobs that are challenging and over which they have some control, whereas employees who have minimal achievement needs are more satisfied when jobs involve little challenge and have high probability of success. In contrast, employees who have a strong need for affiliation prefer working with and helping other people. These types of employees are found more often in people-oriented service jobs than in management or administration (Smither & Lindgren, 1978). Finally, employees who have a strong need for power have a desire to influence others rather than simply be successful. Research has shown that employees who have a strong need for power and achievement make the best managers (Stahl, 1983) and that employees who are motivated most by their affiliation needs will probably make the worst managers. It is apparent from both theories that Tom, Rajina and Harry may have need for hygiene factors to increase their productivity. This means that management must offer motivators to retain them or to motivate them to work more. 2)Building on the response to Question 1, explain the motivation of the hourly-paid employees in this company in terms of the process models of motivation. Based on the information provided by the confidential interviews, what would you guess are some of the expectancies, valences, and inequities of the hourly-paid employees of this company? How do these compare to those of Pat (the Director of Manufacturing and Operations)? Based on Vroom’s expectancy theory, Tom, Rajina and Harry have varying valences, expectancies and instrumentality. For example, in the case of Tom, values inspiration and motivation – which are intangibles. However, he is not motivated because he does not receive this from the company. He also does not believe that exerting more effort at work would allow him to receive such inspiration. In the case of Rajina, she has a high need for esteem, which she does not experience because she does not know to advertise her efforts to colleagues. Recognition is what may be given to her to compensate for her efforts and loyalty. There is no direct link from her perspective, of exerting more effort at work, and receiving such recognition as reward. Finally, Tom puts great premium on monetary rewards and benefits. However, based on the perceptions of hourly paid employees in general, there is no significant difference between those who work hard and those who contribute little. A compensation and bonus scheme reflective of relative contribution must be established to motivate employees like him. Based on these information, how can management leverage on the motivation of employees to enable them to attain higher productivity? Individual differences theory postulates that some variability in job satisfaction is due to an individual’s personal tendency across situations to enjoy what she does. Thus, certain types of people will generally be satisfied and motivated regardless of the type of job they hold (Weaver, 1978). The idea also makes intuitive sense. We all know that people who constantly complain and whine about every job they have, and we also know people who are motivated and enthusiastic about every job or task. First, we should be aware of the fact that there are several factors that affect our hourly paid employees’ satisfaction. Apart from money and fringe benefits that motivate employees like Harry, personality is another factor to consider. Whether the consistency in job satisfaction is due to genetic or environmental factors, there appears to be a series of personality variables that are related to job satisfaction. That is, certain types of personalities are associated with the tendency to be satisfied or dissatisfied with one’s job. Judge et al. (1998) have hypothesized that these personality variables are related and involve people’s outlook on life (affectivity), view of their self-worth (self-esteem), ability to master their environment (self-efficacy), and ability to control their environment (external vs. internal locus of control). People prone to be satisfied with their jobs have high self-esteem, high self-efficacy, high positive affectivity, and an internal locus of control. Research supporting this view has come from Judge et al. 1998), who found a significant correlation between a combination of these four variables and job satisfaction, and from Garske (1990), who found that employees with high self-esteem are more satisfied with their jobs than are employees low in self-esteem. Results consistent with the core evaluation theory were reported by Dubin and Champoux (1977), who found that some people are happier in their jobs than people without this focus. Moreover, the degree to which they are satisfied with their lives is also another determinant of their motivation on the job. Judge et al. 1998), Judge and Watanabe (1993), and Tait et al. (1989) have theorized not only that job satisfaction is consistent across time but that the extent to which a person is satisfied with all aspects of her life (e. g. marriage, friends, job, family, geographic location) is as well. Furthermore, people who are satisfied with their jobs tend to be satisfied with life. These researchers found support for their theory, as their data indicate that job satisfaction is significantly correlated with life satisfaction. Thus, people happy in life tend to be happy in their jobs and vice versa. Individual differences theories postulate that some employees are more predisposed to being motivated than others. Such things as genetics and affectivity are involved in the extent to which some people tend to always be satisfied with their jobs and others always dissatisfied. However, rather than genetics and affectivity, self-esteem, need for achievement, and intrinsic motivation tendency are the individual differences most related to work motivation. To be able to address hourly employees’ intangible needs, there must be much effort on management’s part to increase employees’ self-esteem. These may not be too applicable for Harry who seems to be more motivated by basic needs, i. e. money and fringe benefits. There are various ways of carrying this out, as follows: Employees who can attend workshops or sensitivity groups in which they are given insights into their strengths. It is thought that these insights raise self-esteem by showing the employee that he has several strengths and is a good person. Management also ought to provide hourly paid employees with experience on success. With this approach, an employee is given a task so easy that he will almost certainly succeed. It is thought that this success increases self-esteem, which should increase performance, then further increase self-esteem, then further increase performance, and so on. This method is based loosely on the principle of self-fulfilling prophecy, which states that an individual will perform as well or as poorly as he expects to perform. In other words, if he believes he is intelligent, he should do well on tests. If he believes he is dumb, he should do poorly. So if an employee believes he will always fail, the only way to break the vicious cycle is to ensure that he performs well on a task (Knoop, 1994). Particularly in the case of Tom, management has to think of ways to motivate him to achieve. Employees who have a strong need for achievement desire and are motivated by jobs that are challenging and over which they have some control, whereas employees who have minimal achievement needs are more satisfied when their work involves little challenge. Employees who have a high need for achievement ate not risk takers and tend to set goals that are challenging enough to be interesting but low enough to be attainable. Employees with a high need for achievement need recognition and want their achievements to be noticed. To increase motivation, goal setting should be used. This is particularly applicable in Tom’s and Rajina’s case who do not seem to perform well without adequate supervision. With goal setting, each employee is given a goal, which might be a particular quality level, a certain quantity of output, or a combination of the two. For goal setting to be most successful, the goals themselves should possess certain qualities. First, they should be concrete and specific. Setting more specific subgoals can also improve performance (Klawsky, 1990). Second, a properly set goal is high but reasonable (Locke & Latham, 1990). To increase the effectiveness of goal setting, feedback should be provided to the employee on his progress in reaching his goal (Locke & Latham, 1990). Feedback can include verbally telling an employee how he is doing, placing a chart on a wall, or displaying a certain color of light when the employee’s work pace will result in goal attainment and a different color of light when the pace is too slow to reach the goal. Feedback increases performance best when it is positive and informational rather than negative and controlling. Another set of theories hypothesizes that workers are motivated when they are rewarded for their behavior. As a result, organizations offer incentives for a wide variety of employee behaviors, including working overtime or on weekends, making suggestions, referring applicants, staying with the company (length of service awards), coming to work (attendance bonuses), not getting into accidents, and performing at a high level (Henderson, 1997).

Marele Days Novel, The Life and Crimes of Harry Lavender...

Witty, wryly humorous and fast-paced, The Life and Crimes of Harry Lavender is a thriller with a twist which brilliantly evokes the sleaze below the surface of the citys glittering faade. Is this what the novel is about? Marele Days novel, The Life and Crimes of Harry Lavender explores a large scope of issues related to crime and mystery writing. The use of simple language, symbolism, clever wit and a certain sense of satirical mockery all contribute to composing this witty, wryly humorous and fast paced novel. Through the way in which Day portrays the protagonist, Claudia Valentine, she challenges the stereotypes and ideas set in the readers minds, in relation to gender issues. Day also succeeds to ruthlessly unmask†¦show more content†¦She shows a female character doing what previously only men had done; directly committing herself to the criminal underworld, walking dangerous streets at night, boldly trespassing into perilous areas and defending herself- all the things that only men would do in conventional versions of the genre. On the very first page, Day introduces this concept of ironic mockery by creating confusion as to the gender of the character. A tough voice that fills the requirements of hard-boiled school men is established, and only after turning the page does the reader realize that the terribly hung-over narrator is a female private-eye and the blonde in the bed is a good-looking male. The novel is set in Sydney. Day represents the city form two different views. One is Claudias safe, sheltered Sydneyof innocent childhood, Cars sat in the sun silently absorbing the heat, reminding me of childhood summers. Days at the beach and before you went home all the doors of the car would be flung open and the heat that rushed out nearly knocked you over. The reader soon discovers it to simply be a faade that blinds us from seeing the seedy, savage and corrupted undertones of a world which very few are aware of. This other side is associated with Harry Lavender, who is slowly infiltrating all of society like cancer slowly invades a healthy human body. On several occasions Claudia reinforces theShow MoreRelatedModule a Clemmance - Distinctive Voices Life and Crimes of Harry Lavender1687 Words   |  7 Pagesvoices are created in ‘The Life and Crimes of Harry Lavender’ and in ONE other related text of your own choosing. As language lies at the core of communication, composers are given the opportunity to use and manipulate written language through the vehicle of distinctive voicesshaping meaning and understanding of the wider world and people within a text. A great range of language techniques are used in my prescribed text, the novel ‘The Life and Crimes of Harry Lavender’ by Marele Day and my related textRead MoreCrime Fiction Essay1872 Words   |  8 Pagesthe genre of crime writing covers a wide diversity of texts, these texts all engage with investigating a crime and associated social and moral issues. Evaluate this statement. Although the crime-writing genre consists of a wide array of subgenres and hybrids, these texts all focus on a criminal investigation using this as a platform/vehicle to explore and comment on the values and the social context in which it was composed. In doing so, crime fiction texts do not just tell a crime story; they make

Annotated Bibliography Security and Crime in Cyberspace

Annotated Bibliography Over the last several years, the issue of IT ethics has been increasingly brought to the forefront. This is because of transformations occurring through rapid advancements and the way various applications are utilized. To fully understand what is taking place requires conducting an annotated bibliography on the subject and the impact it is having on these standards. These findings will highlight the overall scope of the challenges and the long term effects they are having on stakeholders. Spinello, R. A. (2011). Regulating Internet Privacy. Cyber Ethics - Morality and Law in Cyberspace. Sudbury, MA: Jones and Bartlett Learning. In chapter 5, Spinello (2011) found that privacy is becoming a major challenge for all different segments of society. This is occurring in a number of different areas including: consumer spending / buying patterns, inside the home / workplace and the way this technology is applied. Moreover, there is a discussion about the various vulnerabilities of the Internet and how issues such cybercrime / spying have resulted directly from these increases. To address these difficulties, both the US and the EU have adopted various laws governing how data is collected and utilized. (Spinello, 2011) This has resulted in challenges impacting everyone, as balance must be maintained in protecting the interests of free speech. While at the same time, it is ensuring that firms are not abusing the information that is collected on consumers.Show MoreRelatedLibrary Management204752 Words   |  820 PagesPhysical Stress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 Job-Related Mental Stress . . . . . . . . . . . . . . . . . . . . . . 276 Burnout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 Violence and Crime in the Workplace . . . . . . . . . . . . . 280 External Impacts on Human Resources—Legal Protections . . . . . . . . . . . . . . . . . . . 282 Equal Employment Opportunities . . . . . . . . . . . . . . . . 283 The Civil Rights Act of 1964 and Other

The Crucible By Arthur Miller - 1471 Words

The Crucible, a novel/play by Arthur Miller displays the chaos of the witch trials within the small town of Salem, Mass. Of the many characters of the novel, John Proctor and Mary Warren are both characters that serve an importance to the novel. The two characters both interact in the stories in different ways. Even though both characters can be seen as minor characters because of their inferior power in the novel, Proctor and Mary Warren serve as important characters to the story line. One reason being the fact that they both bring about problems with and/or against antagonist Abigail Williams such as Mary Warren, who likes the feeling of have authority but gets into unwanted conflict often, and Proctor, who is an very aggressive person†¦show more content†¦While speaking in private at Rev. Parris s house, Abigail confess to Proctor her true intentions, and what she really wants. Upon finding out about Abigail still being in love with him, we start to see Proctor s more agg ressive side. This is shown when he says to Abigail after she speaks badly of Elizabeth, shaking her: Do you look for a whippin ? (Miller 24). This is not Proctor s first time slipping up and over showing his rage and emotion. For he is a very emotional man and confident in his choices and ideas; well except when it comes to his mistake of engaging in any type of relationship with Abigail. After firing Abigail, Elizabeth continues to be suspicious of Proctor. We see this in Act II when Elizabeth starts arguing with Proctor over still having feelings for Abigail or sending her mixed/ the wrong signals. Proctor maybe feeling guilt for his actions but with no other better counter in the argument he turns towards his angrier side. This is evident in his words saying with a violent undertone: You doubt me yet? (Miller 54). Soon after this argument or should it be said during the mid-argument Proctor s anger is now directed to Mary Warren upon her arrival in the house. This is better sho wn/explained by Miller who states As soon as he sees her, he goes directly to her and grabs her by her cloak, furious... shaking her. I ll whip you if you dare leave this house again!

The Social Sciences Free Essays

Assignment-[4] how the relationships between people and traffic are ordered. In this assignment I will try to compare and contrast two views of how the relationship between people and traffic is ordered. The relationship between people and traffic is then examined in chapter 7 of making social lives. We will write a custom essay sample on The Social Sciences or any similar topic only for you Order Now I will be comparing and contrasting the differences and similarities between road traffic engineers Colin Buchanan; and Hans Monderman. Colin Buchanan was commissioned by the UK government in 1961 to start work on the report! Traffic in towns for the Ministry of transport [chapter 7 p. 27] the report was aimed to produce a new design for urban space in order to engineer the efficient distribution and access of a large numbers of vehicles† to a large number of buildings. Achieving a satisfactory standard in our environment for life in towns. [Chapter 7 P. 327] Buchanan had visions of more towns to be organised to the flow of traffic and more roads to be built. The Department of Transport reports between the Second World War and 1969 the Numbers of cars on the roads quadrupled: this meant that not only needed more roads needed to be built but also a new way for towns to live with cars. Chapter 7 p. 326 Silva 2009 Cited Ministry of transport 1963]. The future of choking road cong estion was feared unless the rapid rise in demand for car travel was matched by an increased supply of roads. Buchanan’s concept was built on the explicit principle of segregation, reading from chapter 7 Ordering social life the case of road traffic making social lives: sometimes the strict separation of vehicles and people: cars were afforded their own generously proportioned network and pedestrians were safely tucked away in residential blocks often terminating enquired cul-de-sacs. Silva, Cited Buchanan 2009 p. 329 chapter 7] the whole subject of traffic in towns†¦ Is capable of being put on a rational and quantitative basis. Guesswork and intuition can be largely eliminated: given the necessary information, many aspects or precisely culpable: and there is scope for techniques which will greatly ease the burden of decision between alternative courses of action. Now let’s examine another road traffic engineer and compare this to the Buchannan report. Hans Monder man a road traffic engineer from the Netherlands had different ideas on how to organise traffic and people. Mondermans theory was the removal of all traffic obstacles road signs: traffic lights: and use the spaces left for humans to share the space with motorists. In evidence in 1989 the councillors of Drachten voted to remove every single traffic light and abolish road signs and warning signs. [P. 334 Silva 2009 chapter 7] his concept was that when all traffic obstacles were removed, the space left was to be shared by drivers and pedestrians. His theory was to narrow the roads and also put features alongside them. He planted trees and flowers and also Fountains, this was to discourage drivers from speeding the psychology of it was that they would slow down while driving past these features. Drachten is the town of 43,000 people in the Netherlands Monderman shared space approach was known as the Drachten experiment. [Silva2009, cited councillor Koop kerkestra p. 334]. The head of traffic policy at the town hall of Drachten, â€Å"the lights were causing problems; people were for ever waiting to get across junctions. We also had more than 140 casualties a year. It was difficult to know what to do, and we certainly didn’t want to ban cars as we loved cars here in Drachten. Fortunately I met traffic engineer who had an unconventional solution. [P. 334 chapter 7 Silva, 2009] cited Monderman]. If you treat drivers like zombies they will behave like zombies: explains Monderman in other words, motorists or taught to blindly follow instructions, they stop thinking for themselves, and accidents follow. The above are a few briefs on traffic engineers Hans Monderman and Colin Buchannan who were both tasked with very difficult assignments and both had completely different views on how to manage the traffic flow, although Buchannan was much earlier than Monderman in years, both had quite revolutionary ideas of their times. Trying to compere the similarities between Monderman and Buchanan is not an easy task to undertake, firstly they were both road traffic engineers which are important I guess, and they were both commissioned by governments even though Mondermans commission was through local government. They were both commissioned to create the use of better space and a way to ease the flow of traffic in towns. They both looked at traffic and humans and how each played a role in creating a design for traffic to move more easily. This was also due to the similarity in statistics of ever increasing car owners on the roads, and I suppose a reason to prevent accidents in the future. What are the differences in both these engineers’ â€Å"ideas† plans and concepts of how to manage road traffic between humans and cars? Firstly Buchanan segregated humans from road traffic and built towns on the edges of motorways. Towns were built such as Milton Keynes and many other places with never ending cul de sacs and housing estates which were hard to get to even using the sign posts as it all looked the same. This isolated the towns from the spacious road networks, resulting in later years ever more traffic lights: calming zones and such like. However Monderman wanted to share this space left behind after the removal of traffic lights and all road signs with pedestrian’s †cyclists† and car drivers. Arguments. Buchanan based is road hierarchy on segregating people in towns from traffic? Did this mean primary roads and street roads were placed before motorways? Which streets and roads were best placed to distribute the traffic flow, do Buchanan’s plans still work in today’s modern society, and it seems ever more increasing traffic! We need ever more modern day thinking and new approaches. Buchanan based his road flows from towns: thus the use of the space with segregation from people means many town roads and street roads were cut off from the motorways. Was there enough space left for what we see today in the likes of bus lanes, cycle lanes, did Buchanan foresee this. If he did surely the roads he planned and then subsequently built would be a lot wider. Today we are left with limited amount of space! If you drive down a normal high Street in any town today: you will see that traffic is very crowded and congested, there will be a limited amount of space for cars and vans taxis etc. You will notice that the inside lanes are used specifically for public transport busses. I would certainly argue that the Buchanan report had many flaws using anecdotal evidence put before me. I say anecdotal as I have no evidence to look at as I have to use what is in front of me for this assignment. Now let me turn to Hans Monderman and his vision of the shared space approach. This is very interesting as he relies solely on interaction of the person or persons driving vehicles, with pedestrians: or cyclists. Since all the obstacles of traffic lights and even road kerbs have been removed, this leads all participants having to acknowledge each other and prejudge one another’s next movement. This idea seems like what you see on the TV, in places such as India Pakistan and Asia, which all traffic is moving fast around town centre junctions, which seems quite chaotic to one’s first instinct. They all in fact seem in a frightful hurry and one has no data to rely on? About how many accidents or crashes they may be in places like this. I don’t quite know if this is the same as Hans’s Mondermans shared space theory, but that’s all I’ve got to go on in my argument. What was it Monderman said concerning the use of traffic lights in town centres, with drivers having to obey the instructions given by a set of lights, if you treat people like zombies they will act like zombies [ Silva2009, cited Monderman p. 34] in that this idea is similar to the behavioural social scientist Foucault. Who when studying people and their behaviours: he wrote? People come to see themselves as engaged in â€Å"normal† ways of thinking and behaving through socialisation processes in the family, schools, workplace or public space. In turn, they can contrast themselves with the â€Å"deviant† or abnormal ‘people who lack self-control or self-discipline [a nd therefore behave badly]. [P. 321, 2009]. This is very interesting as he is thinking the same as Monderman in the use of people and their control. Conclusion. Both Buchannan and Monderman were modern day thinkers of engineering and planning road traffic, both had relative success in their tasks and both used people and segregation from cars. Monderman with! Buchannan without! Both ideas are very interesting, although I think Buchannan’s is out-dated by now: but he played a major role in United Kingdom’s traffic engineering. Hans Mondermans idea is really fascinating though and I wonder â€Å"greatly† if it is working and how many other nations will take up this idea. References. Silva. Elizabeth, [2009] Making social lives. United Kingdom the Open University. Milton Keynes. Silva. Elizabeth, [2009] making social order, 7 3[1] pp. 326-328,United Kingdom the Open University. Milton Keynes Silva, Elizabeth, [2009] Making social order, Silva cited Buchanan p. 326 7, United Kingdom the Open University. Milton Keynes Silva, Elizabeth, [2009] making social order 7 Silva cited Koop Kerkestra-Monderman p. 334 Making social order. United kingdom the Open University Milton Keynes. The Open University cited Foucault, [2009] pp-319-322. 7, 2. 2. he social sciences and social order. United Kingdom, the Open University Milton Keynes. Self-reflection, although I have a fair way to go yet I am starting to grasp the basics of social science and how they work and order things, this assignment was my most focused yet and although it is frustrating not being able to find other sources for my work especially on the results of how Monderman and Buchannan’s theories have worked out since they started I think my work could be even better in the future. Word count 1696 including references and self-reflection. How to cite The Social Sciences, Papers

Aspects of Contract and Negligence Click Now To Get Solution

Assignment Task 1: 1) Bob goes into Sams bookshop and sees a book which he wants to buy on display. He takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is Sam entitled to refuse to sell Bob the book? Taking this scenario into consideration explain the importance of the essential elements required for the formation of a valid contract? 2) Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect? 3) Adam advertises a reward of 1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the newspaper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same newspaper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled to claim the reward? 4) Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, No liability is accepted for any damage or injury caused by the failure of any hired equipment. Are the council entitled to rely on the clause? Taking this scenario into consideration, apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts Solution: Answer 1: In the present case, the issue that needs to be decided if there is a contract between Bob and Sam and if the essential requirements for the creation of a contract have been fulfilled in this case or not. The law provides in this regard that there is a difference between an offer and an invitation to treat. While an offer is a definite promise in case certain terms are accepted by the other party. On the other hand, a statement is considered as an invitation to treat if it is not intended to be legally binding. Such a statement only invites the other parties to make offers. Generally, an invitation to treat can be found in case of advertisements, auctions and the display of goods in the shops. In Fisher v Bell (1961), the difference between an offer and an invitation to treat was elaborated by the court. Therefore generally the goods displayed for sale by a shop owner is considered as an invitation to treat and not an offer. Therefore the shopkeeper cannot be forced to sell the goods when a person who wants to pay for the goods. As a result of this distinction between an offer and an invitation to treat, it means that if the goods have been mistakenly displayed for sale by a shopkeeper, it is not obligatory to sell the goods to the consumer who wants to purchase them. Another significant case related with the nature of offer made by a party is that of Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953). In this case, it was held by the court that merely the display of the goods in a store along with its price cannot be considered as an offer but it is only an invitation to treat. On the other hand, the customer made an offer to buy the goods when the goods were placed in the basket. It was for the pharmacist present at the cash desk to accept or reject the offer. In this way, the court stated that the contract was created at the cash desk, in the presence of the pharmacist. As a result of this discussion, it can be said in the present case that Bob had made an offer to buy the copy of the book. On the other hand, Sam had already sold the last copy of the book to Carl. However by displaying the book in the shelf, Sam had only made an invitation to treat and it was for Sam to decide to accept or reject the offer made by Bob. Answer 2: There are different types of contracts like express contracts, implied contracts, contracts under seal, bisexual and unilateral contracts and executed and executory contracts. In the same way, the contents of the contract are called the clauses all the terms of the contract. Generally, several terms are present in an agreement. Even in case of the simplest contracts, there are many terms. Generally the main terms are related with the subject matter of the contract and the price paid by the party under the contract. While generally the business contracts are in written form, and it is also necessary to have written contracts in certain cases like the contract for sale of land or mortgage but the parties also entered into oral contracts. On the other hand, the terms of a contract can be expressed terms or implied terms (Esso Petroleum v Mardon, 1976). The express terms are the terms that have been agreed upon by the parties. Implied terms are the terms that have been placed in the contract by the statute or by the courts. In this way, the statements that are made by the parties during negotiations before entering into the contract can be classified as an express term, a representation or a collateral contract. Similarly, such statement can also be a mere sales puff. Answer 3: In the present case, a reward of 1000 has been advertised by Adam for the first person who is successful in finding across the English Channel in a bath. The advertisement is seen by Brian and he sets out from Dover in a bath. However when he was in mid-channel, another advertisement was placed by Adam in the same newspaper in which it was announced that the reward has been withdrawn. However, Brian was not aware of the second advertisement and the continued with his voyage and ultimately arrived in Calais. Now Brian claims the reward but Adam says that the reward has been withdrawn and therefore he is not liable to pay. The present case is that of a unilateral contract. In case of a unilateral contract which is also known as a one-sided contract, the party making the offer promises in exchange of an act by the other party, who is known as the offeree. Therefore in such a case if anybody acts on the promise made by the offeror, the party making the offer is legally bound to fulfill the contract. As a result, after the offeree has performed the act passed by the party making the offer, there is a legally enforceable promise present between the parties. As against a bilateral contract where mutual promises are exchanged by the parties, a unilateral contract is different. While generally the bilateral contracts are used in case of business transactions like the sale of goods, on the other hand, an example of unilateral contract can be given in the form of reward offers. In such a case, the party that has offered the reward cannot force anyone to fulfill the conditions required for the award. However, if the action has been performed by the offeree, in such a case, the party making the offer can be sued for breach of contract if such party fails to provide the reward after the offeree has fulfilled the requirements of the contract. Therefore it can be said that in case of a unilateral contract, if the potential performers decides to act, there is an agree ment between the parties (R v Clarke 1927). In the present case, an offer was made by Adam when he advertised a reward of 1000 for any person who is successful in padding across the English Channel in a bath. The offer is accepted by Brian when he sees the advertisement and purchases a bath and started from Dover. Therefore, although Adam had withdrawn the reward but by that time, Brian was already in the channel and had not seen the advertisement in which Adam had withdrawn the offer. Therefore, Brian had accepted the offer made by Adam when he started from Dover. After arriving in Calais and becoming the first person to paddle from Dover to Calais, there is a legally enforceable contract between Adam and Brian. As a result, in the present case Brian is entitled to claim the reward announced by Adam. Answer 4: The issue that needs to be decided in this case is if the local council can be held liable for the damage suffered by Barry after the chair taken from the Council on rent collapsed damaging the clothes of Barry, particularly when there is a clause present on the ticket according to which, the Council is not liable for any injury or damage that may be caused by the failure of hired equipment. The facts of this case are somewhat similar to that of Chapelton v Barry Urban District Council (1940). This case is related with offer and acceptance and also the exclusion clauses that may be present in a contract. It was stated by the court in this case that the exclusion clause has not been incorporated by the Council in the contract. In the opinion of any reasonable person, a ticket cannot be considered as something more than a receipt. Therefore it cannot be expected by any reasonable person that the ticket may contain the terms of the contract. Moreover in this regard, the court also stated that it was suggested by the words used in the notice that in this case a deck chair can be obtained by a person and later on a ticket for the same can be obtained. In this way, and often was constituted by the notice and by collecting the chair, the offer was accepted. As a result, the council cannot be allowed to introduce new terms of the contract after the initial contract between the parties has been created. At the same time, the court also stated that the ticket is merely a receipt and it cannot be equated with the railway ticket in which the terms on which the railway company has agreed to carry the passengers are mentioned. In the present case also, the local council has mentioned at the back of the ticket that it cannot be considered as liable for any damage or injury suffered by a person as a result of the failure of hired equipment. In view of the above discussion, it can be said that the exclusion clause has not been incorporated into the contract that has been created between the local council and Barry. As a result, in the present case the local Council cannot rely on the exclusion clause that is present on the ticket in order to exclude the liability of the Council regarding any injury or damage suffered by the other party. Therefore it is clear that the local council cannot rely on the exclusion clause present on the ticket. Assignment Task 2: 1) Contrast liability between contract and tort liability with cases. 2) One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his room when a masked man enters and threatens to hurt him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the hotel gardener, who had stolen a master key to the hotel room. Can Mark use ordinary negligence principles in his claim against Poshplace Hotel. Alternatively, can Mark bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery 3) In the meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan. Does Ben, the Hotel Owner, owe Roger a non-delegable duty of care as an employer to provide a safe working environment? Can Roger bring a claim in vicarious liability against Ben for Colins actions. 4) Meanwhile, Mark decides to go to the Hotel pool for a swim. A sign on the pool door reads: Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; Dangerous when unattended. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks. Under the Occupiers Liability Act, will Mark be able to claim for the cost of his designer swimming trunks. Is the Poshplace Hotel liable to Mark under the Occupiers Liability Act 1957. Can the Poshplace Hotel exclude liability to Mark under the Occupiers Liability Act 1984 because of its warning notice. Solution: Answer 1: There are certain similarities in case of the law of contract and tort. For example, both of them fall under the civil law. In both cases, an action is initiated by the claimant against the defendant and in both cases, the claimant is required to establish its case on balance of probabilities. In case of tort as well as the law of contract, the remedies can be avoided if the loss suffered by the claimant is not too remote from the beach of the defendant. Similarly in both cases, generally the remedies are intended to compensate the claimant instead of punishing the defendant (Currie and Cameron, 2000). However at the same time, there are certain significant differences between the law of contract and tort. In case of a claim under tort, it is possible that the defendant did not have any previous relationship or transaction with the claimant. On the other hand, in case of a claim under the law of contract, it is necessary that the claimant and the defendant should be the par ties to the contract. Answer 2: In the present case, due to the reason that the gardener of Poshplace Hotel, Neil has entered the room of Mark during the night with the help of a stolen master key, and took away the valuable indeed jewelry of Mark, it needs to be decided if Mark has a claim against Poshplace Hotel in accordance with the ordinary principles of negligence. On the other hand, it also been decided if Mark has a claim against the Hotel in vicarious liability. An employer can be considered as vicariously liable for the acts of its employees done during the course of employment (Payne, 1958). However in the present case, the theft has been committed by the gardener of the hotel and that too with the help of the master key to the room that was stolen from the hotel. As a result, according to the ordinary negligence principles, Mark has a claim against Poshplace Hotel. The reason is that it was the responsibility of Poshplace Hotel to provide safe accommodation to its guests including Mark. But in the present case, the gardener of the hotel has committed the theft. At the same time, the hotel has also been negligent when Neil succeeded in stealing the master key to Mark's room due to which he was able to enter the room during the night and threatened Mark to hand over the antique jewelry. But in this case, it cannot be said that Poshplace Hotel can be held vicariously liable for the acts of hotel gardener, Neil. The reason is that an employer is vicariously liable for the acts of the employers that have been committed during the course of employment. In the present case, in order to establish vicarious liability of Poshplace Hotel, it is necessary to establish that the act of Neil falls within the course of employment. Answer 3: The employers have a duty towards their employees to provide safe working environment to the employees. In the present case, there are two issues that need to be decided. First of all, it needs to be decided is the owner of the hotel, Ben can be considered as vicarious reliable to Roger for the injuries caused to him by Colin. At the same time, it also needs to be decided if Roger has a claim against Ben for the skin rashes that have been suffered by him due to the long periods of washing. In this regard, the law provides that the employers have a duty of care towards the employees. This means that the employers are required to take all the steps that are reasonably possible in order to ensure the well-being, health and safety of the employees. At the same time, showing concern for the physical as well as the mental health of the employees is not only a legal duty but it also has a clear business case. The reason is that by showing concern for the health of the employees, a trust can be created among the employees and that the same time, the commitment of the employees can also be reinforced. Such a duty can also help the employers in improving boosting productivity, improving staff retention and at the same time, paving the way for more engagement on part of the employees. In this regard, the law provides that the employers should follow the relevant health and safety laws as well as employment laws. At the same time, the employers also have a common law duty of care towards the employees. Apart from it, it was also have a moral and ethical duty which provides that the employers should not cause or failed to prevent injury to the employees. At the same time, the employers should also fulfill their duties in case of the claims that are related with personal injury and negligence (Vera and Brennan, 2008). In the present case, the dishwasher of the hotel, Roger was hit by Colin, who was the head chef of the hotel. As a result, it can be said that the employer of Roger, Ben who is the owner of the hotel is vicariously liable for the injury suffered by Roger. At the same time, as an employer of Roger, Ben also has a non-delegable duty of care which requires that a safe working environment should be provided to all the employees. In this case, Roger has suffered skin rashes due to the long periods of washing. But at the same time, it also needs to be noted that rubber gloves have been provided in this regard but they are not used by most of the employees. Answer 4: In this case, Mark has suffered an injury and also tore his expenses designer swimming trunks after he ignored the signs and jumps into the pool of the hotel. In this regard, the Occupiers' Liability Act, 1957 is related with the duty of care that the persons occupying real property owe towards the persons who visit or trespass the premises. In this way, this legislation deals with the liability of the occupiers that may arise from accidents that have been caused as a result of dangerous or defective conditions present on the premises. In this way, the Occupiers' Liability Act, 1957 covers the liability of the occupiers towards the visitors to the premises (Phipps v. Rochester Corporation, 1955). On the other hand, the Occupiers' Liability Act, 1984 extends the liability of occupiers towards the trespassers also. In this regard, the Act provides that there is a duty of care on part of the occupiers if they have actual or constructive knowledge regarding certain danger prese nt on the premises and also that a trespasser may be near it. It also needs to be noted in this regard that unlike the provisions of Occupiers' Liability Act, 1957, the provisions of 1984 Act only provide for claim in case of death or personal injury of the trespassers and do not allow damages for personal property (Roles v. Nathan, 1963). As a result of the above-mentioned discussion, it can be said that in the present case, although Mark has ignored the warning sign, still Poshplace Hotel can be said to be liable for the injuries suffered by Mark. At the same time, according to the provisions of Occupies Liability Act, 1957, Mark can also blame the cost of his extensive swimming trunks. Regarding the warnings of danger, section 2(4) of the Occupies Liability Act, 1957 provides that a warning cannot be considered as absolving the liability of the occupier unless under the circumstances, such warning can be considered as sufficient for enabling the visitor to remain reasonably safe. Therefore, despite the fact that a warning has been placed by the hotel, Mark still has a claim against the hotel. At the same time, according to section 1(5) of the Occupies Liability Act, 1984, the occupier can discharge the duty of care by taking reasonable steps under the circumstances to give warning regarding the danger. However by on ly providing a warning sign, the duty cannot be discharged. It is necessary that the warning sign should be clear so that the risk becomes obvious to the trespassers. Therefore, Poshplace Hotel can use the warning sign for excluding its liability under the provisions of Occupies Liability Act, 1984. References Bermingham, Vera; Carol Brennan (2008). Tort Law. Oxford University Press Payne, Douglas (1958). "The Occupiers' Liability Act". Modern Law Review (Blackwell Publishing) 21 (4). Currie, S and Cameron, D. (2000) "Your Law" Nelson Thomas Learning, Melbourne, p225 Fisher v Bell 1961 1 QB 394 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 Esso Petroleum v Mardon [1976] QB 801 R v Clarke - rewards (1927) 40 CLR 227 Chapelton v Barry Urban District Council [1940] 1 KB 532 Phipps v. Rochester Corporation [1955] 1 QB 450 Roles v. Nathan [1963] 2 All ER 908