Law in a Business Context Essay Example | Topics and Well Written Essays - 1250 words

Law in a Business Context - Essay Example This was then followed by the Occupier's Liability Acts 1984, which set out the duty owed by occupiers towards those who enter their land without permission or unlicensed trespassers (Elliott & Quinn 2003, p.157). However, neither or the Acts provided a deification for the tern ‘occupier’, other than that it would be given the same meaning as under common law. An occupier under common law is a person who has some degree of control to exercise a sufficient degree of control to allow or prevent other people from entering, though they dun have to be a physical occupier not the owner of the premises. The Occupiers Liability Act imposes a â€Å"duty to take such care as in all the circumstances of the case is reasonable† upon the occupier of a property. With both Occupiers Liability Act’s in place, the Occupiers Law under the Law of Tort covered  injuries suffered by entrants while on the private  land of the  occupier. The introduction  of the 1995 Act that came into effect on 17th July 1995 radically altered the liability of the occupier in a way that more obligations were placed on the side of the occupier to ensure the safety of land users. â€Å"In the 20 years prior to this enactment, the common law was characterised by the courts’ benevolent attitude to persons who entered land without permission and subsequently suffered injury† (Burke & Corbett 2003, p. 95) In the  Supreme Court  case McNamara v.  Electricity Supply  Board (1975), an infant suffered serious injuries from trespassing onto one of the defendant’s sub-stations. The defendants were found liable for not showing the infant a duty to take reasonable care for his safety even though there was a benevolent attitude before this case towards trespassers. The decision of this case was the basis of  the creation  of the Occupiers  Liability Act  1995. Initially, under the traditional common law system, entrants upon a premises were di vided into four categories; that being contractual entrants, invitees, licensees and trespassers. Under the Occupier’s Liability Act 1995, three new categories were created, that being visitors, recreational users and trespassers. In cases where there is more than one occupier, such as a landlord and a tenant, real estate agent or in the case of shared spaces it is usual for liability to be shared but the liability of each party depends on the circumstances of the loss. An estate agency is considered the Occupier for the purposes of both the â€Å"Occupier’s Liability Act 1957† and â€Å"Occupier’s Liability Act 1984.† According to Canadian author Allen Linden, with regards to liability and the term 'occupier', states that "the status of occupier is not dependent on ownership of the premises, but rather is based on control over the premises. A person who has the immediate supervision and control of the premises and the power to admit and exclude th e entry of others is without doubt an occupier. Thus, a  tenant  in possession is an occupier. However, complete or exclusive control is not necessary. An auctioneer hired to conduct a sale on the vendor's premises may be considered an occupier of those premises. An independent contractor carrying out building or repair work may qualify as an occupier. Moreover, it has become apparent that in many circumstances there may be more than one occupier of premises." Therefore, an estate agent is also deemed to be an occupier because the estate

The author notes that there are three general strategies used by moral Essay

The author notes that there are three general strategies used by moral philosophers who wish to explain the sort of variation in moral codes discussed by Ruth Benedict. Which of - Essay Example One of the most important strategies that are used by moral philosophers is to look at the universal principles that seem to drive the activities of people. This can be done through a systematic analysis of cross-sections of people who would then provide frameworks that are followed on a general basis. This would then be accepted as the norm which would then be accepted as the bedrock of the society’s morality. Another strategy that is used is to provide the basis of morality and ethics in reason and the abilities of the individual to ascertain the suitability of a certain action. This was also to a great extent the result of the thought of Kant and other enlightenment philosophers who held reason to be the greatest defining feature of man and thought of it as being able to solve the greatest problems that mankind has when it comes to moral dilemmas. Another way in which the problem can be dealt with is to understand the relativity of morality when it comes to different communities and people. There are people who believe that there is no possibility of understanding any form of ultimate truths that may enable the laying of a framework that would be able to define acts that are committed in a moral way. This approach is termed as ethical scepticism. This approach made it possible for other approaches that did not argue for a monolithic view of morality, to flourish. Ethical relativism may be considered to be one of these approaches. It favors no particular code of morality over the other and recognizes the importance of the uniqueness of each culture and in some cases, each individual. Extremes of this approach may lead to problematic situations in a society. However, it is better placed than the other approaches that have been referred to in this essay to assess the moral codes of a society that is multicultural and multilingui stic in its

Finance and Market , short essay question Example | Topics and Well Written Essays - 8500 words

Finance and Market , short question - Essay Example For the purpose of this study, we dwell on the advantages and disadvantages of the diversification of REITs holdings’ activities as opposed to the focused approach. Advantages Wider Market Cover When a REIT agency registers to venture into specific areas, there is an aspect of additional market cover. REIT can thus conduct a number of projects which essentially maximize its potential. This in the broader picture implies additional return on investment and maximizes the proportions of dividends that the shareholders gain in the REIT investment. This is not usually the practical case of REITs business that is restricted to specific line of real estate development. If REITs companies have specifications to operate in restricted lines of business, they cannot later on expand to more openings and business opportunities. In a diversified perspective however, REITs have to enjoy a dynamic market characterized by a wide range of business opportunities than maintenance of an ordinary r eal estate portfolio. Dynamism and Innovations Secondly, diversification have in the past enabled RETs to introduce and practice innovative ideas in the real estate properties without the risks of exceeding the limits of operation as stated in the description of the real estate portfolio. ... This approach provides opportunities for to enable the REITs to practice real estate swap which the enables upcoming potential real estate investors to get sufficient exposure to real estate property business without necessarily fulfilling the huge amounts of capital commitment. In the swap, REITs enjoy unlimited exposure to real estate and have the ability to change their capital equity and bonds without restrictions or regulations. This means that REITs sources of revenue will then not be limited to interests, but also bonds, equity and commodities. With the inclusion of the international diversification in Real Estate, there is a low correlation with interest rates than with bonds and equities. The scale of International diversification in real estate investment securities exposes REITs to minimal risk compared to the focus on equities and bonds. Disadvantages High Taxation REITs occupy larger portfolios in real estate trading and this attracts more taxes due to the statutory cons ideration of the return on investment. The wider the portfolio a real estate maintains, the larger the taxation that is applied. This is a great and inevitable challenge which incidentally is not negotiable. Risks of Over-Commitment Secondly, REITS face high risks of over-committing capital equity into long term investments whose returns are not guaranteed. This is a high risk that either leads to the extreme results, either too high losses or extremely high returns. To realize high returns in this case requires REITs to conduct systematic studies of the contemporary market risks. Divergence of focus The third disadvantage that REITs get exposure to in the diversified

I have to write about how I improved my skills by this English onilne Essay

I have to write about how I improved my skills by this English onilne class - Essay Example Another way of developing the speaking skills is by taking notes of what on what one has learned from the lesson. Therefore, the learner can practice when he gets back at home. When one practices whatever he has learned then he can easily remember whatever he has acquired. At the time of practice, that the learner should not shy away in speaking out whatever he learns because it is through mistake that one can learn better. The more you practice, the more one become confident in pronunciation and vocabularies. Listening is also another critical factor in online learning. In such a case, therefore, the learner should improve his listening skills. For instance, he should avoid any form of distraction during the lesson so as grasp the pronunciation and the mastery of content. The online class also involves the reading; therefore, for the learner to properly learn the skills of reading, he should do it allowed. , reading allowed will make the student spot out his mistakes so quickly. The learner should also ensure that he learns at least one new word every day from the lesson. Moreover, the student can also use the Google to translate some of the words that he cannot fathom their meanings. Apart from knowing the meaning of the difficult words, the learner can also ask the Google the pronunciation of the word. The repetitive review is also another improving the English skills. After being aware of the error, the student should routinely practice the learned skills. The training enhances the speaking skills of the student. The method can be used to correct the syntax, pronunciation, and the vocabulary. When articulating the words, the student should be monitoring the articulatory parameters of the teacher like the orientation  of the lips, the shape of the tongue and other parameters. Such a practice is possible when the learner can watch the speaker articulating words. In addition to this, the student should keep a

Where does Curatorial Practice enter your own practice Essay

Where does Curatorial Practice enter your own practice - Essay Example Curatorial practice also helps people understand the history and origins of important materials. I am a marketer by profession, and since the advent of digital curation, a new dimension of curatorial practice has emerged in the marketing field. It is known as content curation, and it is one of the hottest areas of content marketing. It plays a vital role in accomplishing various objectives, depending on how, where and how organizations use it (Rosenbaum, 2011). While content marketing in the limited sense primarily revolves around identifying, developing and sharing content to achieve business goals and what customers want across the consumer life cycle, content curation is concerned with aggregation, finding, collecting relevant content and then presenting or sharing it to audiences in an optimized or targeted manner. Content curation is more than just about presenting all types of content that marketers stumble upon (Rosenbaum, 2011). It is mainly about doing it in a clever and audience-oriented way, by concentrating on specific topics an organization wants to curate content about. Some curation models even clearly center on community marketing objectives. Content curation is part of the overall content marketing

Importance of Practical Experience in Clinical Nursing Essay

Importance of Practical Experience in Clinical Nursing - Essay Example A lot of challenges face nurses in the field today as regards the extraction of information from the patients. As Kurtz, Silverman, & Draper, (2005) mentions, closely intertwined and vivid explanations of the undertakings need to be clearly outlined in order to deduce the correct mechanisms for arresting the situation. Failure to achieve this often leads to misappropriation of the necessary measures and steps for various problems (Seidal, Ball, Dains, & Benedict, 2010). This paper as a reflection on my personal experience as a practicing nurse in the medical field, it addresses my encounter with a patient I attended to who had an eye injury following blunt trauma and was quite distressed as he was in pain and unable to see out of the eye initially. As a practicing nurse, this was the most trying moment of my life. I confess having not experienced such incidences before and dealing with the condition above was a great challenge yet a greater opportunity to learn much on how to deal with various traumatizing medical issues that I am yet to face in the course of my practice. I had been taught of the various instances of trauma in various categories of patients but did not get a practical system to strengthen and seal fast the theoretical applications. Having met the patient was the most fulfilling part of my life that I cannot easily forget. I was terrified at the sight of the patient upon his reception and especially when I was included in the team of nurses who were to attend to him. Trauma according to medical research is one of the most endearing factors in human life. Several outcomes are expected in different patients depending on the various ways in which the patient or persons close to the patient help him or her in managi ng the trauma (Springhouse, 2008). Having acquired serious musculoskeletal injuries, the patient had experienced serious infection on his left eye leading to its immediate loss.

Reflection Paper #4 Assignment Example | Topics and Well Written Essays - 750 words - 2

Reflection Paper #4 - Assignment Example He asserts that leaders need to inspire action rather than manipulating the people to act. He eludes that the motivation all start with WHY. He then elucidates the WHY concept where the saying that organizations must know what they do. Additionally, he claims that the companies and people know exactly how and what they do. Further, few individuals or corporations articulate the essence of why they do the things they do (Paradiso, 2015). Pertinent to Dan Pink’s conception of motivation, my strategies have experienced significant influence. The leadership approaches need not to follow the carrot-and-stick approach but have foci on the aspects of mastery, autonomy, and purpose. In this regard, it is of profound importance for the methods to motivation to master the content, have independent decisions and aim at achieving particular goals. Based on Simon Sinek’s notion, the leaders and their institutions must know what they want, how to meet the goals it, and should have specific aims to achieve it. The calling of the leader is to influence the followers to attain the set goals and objectives. Leaders have a significant role to change the peoples’ attitude toward the expectations of the society besides their responsibilities. Different individuals have varied mission narratives cognizant to their long-term goals. For instance, I intend to be a renowned motivational speaker and influence both employers and employees toward embracing organization ethics in their organizations. Fundamentally, the ethical issues that the people face in their workplaces help me grow and learn to have a vast understanding of the causes of such challenges. In return, the knowledge amassed will allow the development of working strategies to the identified problems. In most cases, I possess a growth mindset concerning the online test on Dr. Dweck’s mindset test. In reality, mindsets predict the level of motivation and achievement. Contextually, positive or growth