Britney Spears’ Promotes Potentially Abusive Relationships in Her Song,

Britney Spears’ Promotes Potentially Abusive Relationships in Her Song, Baby, One More Time In her Top 10 hit ". . . Baby, One More Time," Britney Spears posits the song’s persona as a passive naà ¯f. Continual references to blindness and hitting metamorphose the song from a teen-targeted summer pop tune into ideology enslaving young women into dangerous, constrictive views of relationships--and themselves. Using feminist and Lacanian theory allows us to see the speaker’s entrance into the Symbolic and the problems thereof. The speaker rues over a terminated "love" affair. She (although arguable, this critic finds the speaker’s notion of and adherence to gender roles distinctly "female") supplicates for a "sign" of his (again, heterosexuality is an assumption made for the sake of discussion) persevering proclivity. This sign is to come in the form of a "hit." References to the speaker’s death ("killing me") are frequent, as are other indications of mistreatment. The speaker begins addressing "baby," her lover. She claims ignorance of the troubled relationship, thus displaying her quiescent predisposition: "how was I supposed to know / that somethin’ wasn’t right here." Because of her passivity, she appears as an innocent victim. The poor, helpless speaker is not to be blamed for anything. One might picture a little girl shrugging her shoulders and asking, "what could I do?" when caught eating a whole cake. This denial of responsibility is commonly seen on The Jerry Springer Show when someone maintains, "I didn’t mean to have an affair. It just happened." Placing the locus of control outside oneself causes one to naturally become a victim. Yet the speaker seems apprehensive in her inveterate paralyzed role. She pro... ...song might create? By attempting to erase the "hit me," someone tried to cover up the overtones of violence. Yet simply changing the title cannot efface the masochism and vapidity of the song’s speaker. The speaker’s complete yield of self to a potentially abusive lover is deleterious for teens still forming an identity, especially those seeking guidance and advice about sexual relationships. The effects of Spears’ song remain to be seen; yet this critic feels that the message sent is a harrowing one. The speaker’s recognition of self-worth cannot eventuate too quickly. Works Cited Haywood, Susan. Key Concepts in Cinema Studies. Routledge: London, 1996. Spears, Britney. ". . . Baby, One More Time." . . .Baby, One More Time. Audio CD. BMG: 1999. Works Consulted Lacan, Jacques. Ecrits: A Selection. Trans. Alan Sheridan. Tavistock: London, 1977.

Role and Performance of Government and Ngos in Relie F

ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 Role and Performance of Government and NGOs in Relief Assistance: A Case Study of 2005 Earthquake61 Khalil Ahmad(Corresponding author) Assistant Professor of Economics University of the Punjab, Lahore Tanveer Ahmed Naveed Lecturer, Department of Economics University of Gujrat Sami Ullah Lecturer, Department of Economics University of Gujrat Tahir Rashid Ph. D.Scholar at Government College University, Lahore (Pakistan) Abstract This study investigates the role and performance of Pakistan government and humanitarian agencies during relief and emergency aid assistance to 2005 earthquake victims. This comparative study is based on empirical data collected from 30 most affected villages of NWFP (Pakistan) and AJK through a sample survey on 1st anniversary of 2005 earthquake. About 500 randomly selected heads of the families were interviewed in the sampled area.Mann-Whitney Wilcoxon test i s used to compare the relief assistance provision and satisfaction shown by sufferers toward government agencies and Non-governmental Organizations (NGOs) during relief program. While Chi-Squire test is used only to investigate the relationship between affected areas and respondents’ demographic characteristics. Evidently, results show that the NGOs provided more relief items in a better way to victims of 2005 earthquake than did the Government of Pakistan. This study will be helpful in disaster management planning at government and non-governmental levels.Keywords: Performance; Earthquake; NGOs; Government; Relief Efforts BACKGROUND AND INTRODUCTION Pakistan experienced a destructive earthquake on October 8, 2005, at 8:50 PST, intensity of 7. 6 measuring on Richter scale. Arguably, this was the most devastating disaster in Pakistan’s history. The earthquake epicenter was located 100 kilometers north-northeast of Islamabad. Intensity of losses increased by a series of aftershocks, more than 1000 aftershocks ‘ranging from magnitude 5. 0 to 6. 0’ were recorded as of October 27th in IndiaPakistan Kashmir region. 61 Authors are very thankful to PATTAN Development Organization (National NGO) and Dr.S. M. Naseem for financial help and motivation in study conduction COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1726 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 At least 73,000 people had died, another 70,000 had been severely injured or disabled and over 2. 8 million persons have been left without shelter. In addition, 600,000 houses, 6,298 schools and 796 health facilities were demolished. About 6,440 kilo meters roads were damaged and 50-70% of the water supply, sanitation, telecommunication and power infrastructure was rendered un-operational. Pakistan 2006) It is nearly impossible to figure out exact economic impact of earthquake 2005. In total, about US$5. 2 billion was estimated cost of earthquake; includes cost of relief provision to victims, restoration of livelihood support and short, medium and long term reconstruction (ADB and World Bank, 2005). The most immediate task was rescue of people trapped in collapsed buildings and to transport them at safer places along with provision of relief to survivors to save the lives and to secure the dignity of affected population (ERRA, Annual Review 2005 to 2006).The Government of Pakistan immediately realized the enormity of the task and appealed to the international community for emergency assistance. The Government of Pakistan and national & international agencies took immediate measures for rescue, relief and reconstruction for 3. 5 million affected people of NWFP and AJK. Generally, donor agencies and the external sources prefer to channelize emergency assistance to disaster victims through international and/or indigenous NGOs due to all pervasive corruption and misappropriation of reli ef funds on the part of the Governments.The government of Pakistan and participating slocal, national, and international nongovernmental organizations (NGOs) with the help of domestic and external sources initiated massive rescue and relief activities in the area. (ERRA, Annual Review 2005 to 2006) Both, government of Pakistan and NGOs played important role in relief distribution and rehabilitation activities. Government of Pakistan established the central coordination office for rescue and relief started to work at Prime Minister (PM) Secretariat immediately after the earthquake.Federal Relief Commission was established on 10th October 2005 to mobilize all resources, to coordinate activities and to facilitate flow of relief goods (ERRA, Annual Review 2005 to 2006). The Federal Relief Commission (FRC) of Pakistan Government, Armed Forces, International donors, UN agencies and local NGOs joined hands to undertake the huge operation for delivering emergency relief against challenges s uch as mountainous terrain, distant and difficult to access communities, changing weather conditions, resource constraint, and overwhelming suffering of the people.On March 31st 2006, the Government of Pakistan officially ended the ‘Relief’ phase and the Federal Relief Commission (FRC) was subsumed into Earthquake Reconstruction and Rehabilitation Authority (ERRA). Government of Pakistan, NGOs and international nongovernmental organizations (INGOs) performed different rescue, relief and rehabilitation activities during the first year of the 2005 disaster. Relief provided by FRC with assistance from foreign governments, INGOs, NGOs, individuals and corporate sponsors are summarized in Table 1.COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1727 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS Table 1: Joint Relief Delivered to the Affected Population Relief Goods and Services Temporary Shelters to Families Tents Blanke ts / Quilts Ration( in tons) Medicines (in tons) Field Hospitals Established Field /Mobile Medical Teams Sorties Flown Quantity 385,000 951,790 6,361,090 256,376 3053. 76 65 86 30,334 JUNE 2011 VOL 3, NO 2 Source: ERRA, Annual Review 2005 to 2006 (From October 2005 to March 2006)Empirical studies suggest that nations with greater resources, better awareness and preparedness are more able to restore and move to normality faster than poor and less prepared nations during disasters. According to the Mid-America Earthquake Center, ‘‘the biggest earthquakes in the region (Pakistan & India) are yet-to-come’’ (Boyd 2006, p. 1). â€Å"Theoretical studies indicate that the energy stored along the Himalayan arc suggests a high probability of several massive earthquakes of magnitude (greater than) 8. 0 in the future† (Shaheen 2007, p. ) â€Å"Theoretical studies indicate that the energy stored along the Himalayan arc suggests a high probability of several mass ive earthquakes of magnitude (greater than) 8. 0 in the future† (Shaheen 2007, p. 1). Research on disasters could be used as a tool for creating better preparedness to combat with future disasters. Further, it helps formulate a comprehensive strategy for disaster management. This research study based on Pakistan’s experience and response to disaster 2005 would be of greater importance for other countries facing similar disasters.Objectively, researchers have investigated various aspects of the 2005 earthquake. However, this study sheds light on role, responsibilities and performance of Governmental institutions and Non-governmental organizations during rescue and relief efforts. This study compares performance of the Pakistan government with NGOs with regard to management and distribution of emergency aid to 2005 earthquake victims during and immediately after the disaster.This comparison is based on data obtained from three most affected areas of NWFP (Pakistan) and AJ K through a sample survey conducted on earthquake victims in October 2006, on the 1st anniversary of 2005 earthquake. Literature Review Pakistan is prone to frequent disasters that inflicted severe losses to property and lives. More frequent disasters are floods, droughts and earthquakes. However, the history reveals that earthquakes were the worst disasters regarding losses to lives (ERRA, Annual Review 2005 to 2006).In 1950, Pakistan witnessed the first severe flood disaster that claimed 2910 lives and affected more than 10,000 villages. Since then, floods, droughts, cyclones, earthquakes and landslides have been striking with regular intervals but none of the successive governments could ever devise a comprehensive strategy for disaster management (A Review of DMP&S in Pakistan). There was a major earthquake in Quetta, Balochistan, in COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1728 ijcrb. webs. comINTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BU SINESS JUNE 2011 VOL 3, NO 2 1935 when the entire city was destroyed. From 1974 to 1990, approximately 5669 people were killed due to earthquakes in the Northern Areas (NA), NWFP and Balochistan (A Review of DMP&S in Pakistan). A brief history of earthquakes in Pakistan along with intensity and resulting human losses is given in Table 2. Table 2: Details of Earthquakes in Pakistan Date May 31, 1935 November 28, 1945 December 28, 1974 October 8, 2005 October 29, 2008 Magnitude 7. 7. 8 6. 2 7. 6 6. 4 Deaths 30,000 – 60,000 4,000 5,300 80,000 215 Injuries and Destruction Tsunami 17,000 injured 3. 5 million people homeless 120,000 homeless District/Province Ali Jaan, Balochistan Balochistan Hunza, Hazara and Swat Muzaffarabad (AJK) Ziarat District, Quetta Source: www. wikipedia. org. com As Pakistan is in a seismic belt, therefore, it suffers from frequent earthquakes of small magnitudes. Mountain ranges of Koh-e-Suleman, Hindu Kush and Karakorum are significantly vulnerable.The devastation can be immense because of the poor quality of buildings and housing (A Review of DMP&S in Pakistan). During the 2005 earthquake a large number of government buildings constructed by the contractors in AJK and Balakot area, collapsed in the first jerk of the quake. This is the overall impression of the people in the earthquake devastated areas that between 30 and 60 per cent of funds for government buildings, including schools, are spoiled by corrupt officials. Contractors habitual of such kickbacks spend less on quality materials resulting in poorly constructed buildings.Therefore, systemic corruption in government construction projects would be directly responsible for the devastating losses of next generation in northern areas of Pakistan (Shaheen, 2008). In addition, there was no adequate crisis management structure in Pakistan prior to the 2005 earthquake and none have any past experience to deal with such severe natural disasters. Although, the army and several NGO groups took the initiative in launching rescue and relief efforts, however, the onerous responsibility of reconstruction and rebuilding rested on the government (Prakash Ouis, 2001).Further, high dependence on natural resources makes communities vulnerable particularly to changes in resource condition (Pomeroy et al. , 2006). Mostly, all-pervasive corruption and abuse of relief aid by Government agencies and bureaucratic style of humanitarian organizations distracts them from the needs of the people they are supposed to assist, in favor of other values that their institutional frameworks dictate (Binini, 2006).This claim was tested by investigating the response to the Pakistan 2005 earthquake and a closer look at data suggests that there was not an optimal match between survivor needs and relief deliveries (Binini, 2006). A certain degree of coordination failure is, of course, inevitable in disasters of this scale. However, Pakistan’s domestic and external political situation made such co-ordination even more problematic and highlighted the need for a bottom up strategy to tap the resources at the local and grass-root levels.Literature represents different strategies adopted by the world by learning from experiences, how to combat with future disasters, how one can better prepare to face less socio-economic and COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1729 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 human losses. Many countries like Italy adopted insurance policy measures to combat natural catastrophes (Amendola, 2000). This raises the question whether government agencies and NGOs played the required role during relief phase of 2005 earthquake?Did the government or NGOs performed better during provision of relief aid to victims. Whether the international donations and NGO development programs aimed at reducing vulnerability to earthquakes are an appropriate response t o the earthquake hazard or not (Shaheen, 2008). Are earthquake victims satisfied that relief provided by Government and NGOs was according to their need and secured dignity during relief disbursement? So did Pakistan learn any lesson? If yes, what policy planning Pakistan adopted for future Disaster Risk Mitigation?These all aspects are required to investigate for better preparedness, mitigation and for future disaster response. The purpose of this research is to investigate the role and performance of government of Pakistan and humanitarian agencies during relief and emergency aid assistance of 2005 earthquake victims. Further to evaluate, comparatively who performed better. This study will be helpful in disaster management planning at government and non-government levels. Typically, this study is unique in its nature and will be an imperative contribution to the body of research concerning disaster management in Pakistan.Methodology and Data collection The primary source of data f or this research was field survey conducted in October 2006, immediately after the Pakistan government earthquake emergency relief assistance programs ended. About 500 household heads in the most affected districts (areas) of Pakistan and Kashmir â€Å"Mansehra, Bagh and Muzaffarabad† were contacted to investigate the role and performance of Government agencies and NGOs in various rescue, relief and rehabilitation programs. While survey team couldn’t conduct interviews in fourth most affected district â€Å"Batagram† due to adverse circumstances (i. . cultural, religious and political reasons, at the particular moment). Individual household was the basic sampling unit. â€Å"A household is a group of people in a dwelling unit living together as a family and sharing the same kitchen† (PAUL 2003). In the first stage of the design of the survey, out of nine, three most affected districts were selected. In the second stage, 15 most affected union councils wer e selected (5 UCs in each district). In the third stage, 30 villages or Mohalahs (for urban) were randomly selected.As affected area is consisted of diversified topography, so to find impartial and faultless response urban and rural localities were also considered. Similarly, male and female respondents were selected proportionately to find statistically reliable and significant results. A comprehensive questionnaire containing demographic information of respondents followed by data relating to socio-economic impact of disaster along with opinion questions with regard to the distribution of inflict relief by the government and NGOs were asked to household heads. A household head is defined as the person who makes the major economic, social, and household decisions, irrespective of this individual's age and gender† (PAUL 2003). Key Questions 1. Comparatively, who performed better during rescue and relief phase of 2005 earthquake, the NGOs or Government of Pakistan? COPY RIGHT à ‚ © 2011 Institute of Interdisciplinary Business Research 1730 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 a. Who provided more relief to the 2005 earthquake victims in the emergency/relief phase? . To what extent 2005 earthquake victims are satisfied with the Government and NGOs’ performance Performance is measured by ‘both’ provision of relief items to affectees and satisfaction level shown by respondents toward Government agencies and NGOs. Relief includes following items; rescue, transportation, shelters, food, bedding, cooking utensils, information and awareness, education, training, money, health facilities that were essentially required soon after disaster to survivors to live with dignity.Whereas variable government includes; Army, ERRA, PERRA, DRU, Local Administration, Federal Government, and other governmental institutions that took part in rescue and relief phase. Moreover, Non-governmental Org anizations includes; indigenous NGOs, International NGOs, UN Agencies. Analysis Techniques To analyze the amount of external support provided to the afectees by the government and to test whether the amount of received support was in accordance with their socio-economic conditions, chi-square test of association and Mann-Whitney Test (nonparametric tests) are used.Chi-Squire test is used only to investigate the relationship between affected areas and respondents’ demographic characteristics (occupation, education, sex and locality). Mann-Whitney Test is used to determine if a difference exists between performances of two groups: Government and NGOs. Unlike t-test, Mann-Whitney Test does not require normal distribution of data (MacFarland, 1998). Subsequent analysis is performed by using the SPSS.The nature of the relationship between socio-economic indicators receipt of assistance will be helpful for evaluation of the equitability and performance of the government and NGOs re lief assistance efforts during earthquake 2005. In general, there is a positive relationship between the amount of emergency aid received by earthquake victims and their socio-economic conditions. Poor victims, owing to their weak political and economic power, receive much less assistance than rich victims. Results and Discussion Devastation of 2005 earthquake could be portrayed by housing destruction of affected regions.Data represents that 100% living was affected by disaster. In total, 75% people substantiated complete demolition of houses, while remaining 25% claimed partial damage. Table 3 explains the area wise house damage caused by earthquake. Remarkably, data regarding house damage shows approximately similar trends as shown in district profiles prepared by ERRA. Table 3: Destruction of housing by 2005 Earthquake House damage Completely Damaged Partially damaged Not damaged Total Bagh 80. 7% 18. 4% 0. 9% 100% Area wise breakdown Mansehra Muzaffarabad 77. 5% 69. % 22. 0% 30. 1% 0. 6% 0. 00% 100% 100% Total 75. 2% 24. 4% 0. 4% 100% COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1731 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 Nearly, all the respondents reported that they had received the external aid ‘in any form’, either from governmental agencies, NGOs, INGOs, friends/relatives or from individual philanthropists. Collectively, about 85% respondents ranked NGOs and Government agencies topmost helping hands during relief phase.The remaining 15% reported that they seek assistance either from relatives, friends, neighbors, individual philanthropists and they ranked the same at top. The following analysis of the assistance received by victims is based on the response of 85% of respondents who availed some form of assistance. Table 4 shows selected characteristics of the respondents; mainly they were segregated into four occupational groups: farming, services, bus iness, and others. Mountainous geographic location of the area is the reason that only 6. % of the selected population is engaged in farming and 19. 7% in business profession. Moreover, majority of respondents (68%) were employed in services sector (including both public and private services). The analysis based on Chi-square test reveals that there was a significant difference in the occupational characteristics of respondents in all the three sites covered in the present Table 4: Percentage Distribution of Demographic characteristics of the respondents Characteristics Profession Farming Services Business Others Bagh 5. 4 69. 6 19. 6 5. 4 100 39. 13. 3 31. 9 15 100 25. 2 74. 8 100 55. 3 44. 7 100 Districts Mansehra Muzzaffarabad 11. 7 2. 6 59. 6 74. 7 20. 5 19. 1 8. 2 3. 6 100 100 47. 7 13. 8 23. 0 15. 5 100 22. 2 77. 8 100 52. 6 47. 4 100 46. 2 9. 7 25. 1 19. 0 100 38. 8 61. 2 100 48. 5 51. 5 100 Total 6. 5 68. 1 19. 7 5. 7 100 45. 2 12. 0 25. 9 16. 8 100 29. 7 70. 3 100 51. 6 48. 4 100 X2=18. 490 (df=6; p=0. 005) Education Illiterate 1-5 years 6-10 years Above 10 years X2=5. 531 (df=6; p=0. 478) Locality Urban Rural X2=13. 889 (df=2; p=0. 001) Sex Male Female Total X2=1. 451 (df=2; p=0. 484) study.Analysis indicates greater dependency of the affected area population on non-farming income generation sources. While in Mansehra (NWFP) 11% of respondents disclosed that their major source of income was agriculture which was highest engagement in farming throughout study area. The survey data revealed that sample consisted of 45% illiterate respondents. Further gender analysis shows that illiterate women ratio was significantly higher than male illiterate population i. e. 70% and 30% respectively of total 45%. Table 5 illustrates discriminating behavior of society regarding educational acilities to female population of the area. Chi-Squire test shows highly significant results, that is educational COPY RIGHT  © 2011 Institute of Interdisciplinary Business Resea rch 1732 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 level is drastically different between male and female population of selected area. Interestingly, official data regarding gender wise literacy also have approximately similar trends. Table 5: Gender wise breakdown of educational level of respondents (in Percentage) Illiterate 1-5 years Male 30. 64. 9 Female 69. 7 35. 1 Total 100. 0 100. 0 X2=76. 827 (df=3; p=0. 000) Sex Educational Level 6-10 years Above 10 years 64. 8 79. 0 35. 2 21. 0 100. 0 100. 0 Total 51. 6 48. 4 100. 0 The null hypothesis that there is no difference in provision of relief assistance to 2005 earthquake victims by Government and NGOs was tested by using Mann-Whitney test. Significance can be verified by comparing the computed test statistic (e. g. , U) with its critical value. By interpretation of the p (probability) value, it is observed that p= 0. 005, which is smaller than the 0. 05.Comparison of te st statistics with its table value and the probability method both suggest the rejection of Null hypothesis which states that there is no significant difference between government-provided relief aid and that of NGOs. Further the higher mean rank for NGOs (518 vs. 467) supports the conclusion that the NGOs provided more relief items in better way to victims of 2005 earthquake than Government of Pakistan. Table 6: Comparison of Relief Support Groups N Mean Rank Government 492 467. 53 Relief Support NGOs 492 517. 47 Total 984 Test Statistics Test StatisticMann-Whitney U Wilcoxon W Z Asymp. Sig. (2-tailed) Sum of Ranks 230022. 50 254597. 50 Relief Support 108744. 500 230022. 500 -2. 824 0. 005 Evidently performance is directly associated with satisfaction. Satisfaction is persons feeling of pleasure as a result of comparing a product perceived outcome in relation to his/her expectations. Consequently, if the performance exceeds the expectation, the beneficiary is very satisfied. If out come equals the expectation, the receiver is satisfied. But if the performance falls below the expectation, then the recipient is dissatisfied.In this study Mann-Whitney Wilcoxon test is used to compare satisfaction shown by sufferers toward government and NGOs role during relief program. Test shows extremely significant results. Similar to 1st null hypothesis, 2nd null hypothesis is also significantly rejected, that is, there is no difference in satisfaction shown by victims towards NGOs and Government of Pakistan for relief provision. Further, it explains that NGOs (including both the indigenous and the international) prevailing in Pakistan have played an effective and impartial role in the distribution of relief assistance than did the government organizations.So results show that COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1733 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 credibility of NGOs botto m-up approach is higher than that of the government based on topdown directives. In so for as performance is concerned, people are more satisfied with the role played by NGOs/INGOs as compared to Government Agencies during the relief phase. Table 7: Comparison of Satisfaction Groups/Satisfaction Government NGOs Total Statistic Mann-Whitney U Wilcoxon W Z Asymp. Sig. (2-tailed) N 492 492 984 Mean Rank 354. 310976 630. 3689024 Sum of Ranks 174478. 5 310141. 5 Test Statistics Satisfaction 53200. 5 174478. 5 -15. 242 0. 000 Conclusion In 2005, Pakistan experienced the most disturbing earthquake in its history. Pakistan government and humanitarian agencies initiated wide range of relief efforts for the survival of victims. This study is an effort to compare the relief disbursement efforts carried out by the NGOs and the government. Further, it looks at the possible association between socioeconomic characteristics of the disaster victims and the amount of assistance they received from th e government and/or from the NGOs.To probe these objectives, this study used a primary data in which 500 household heads of 30 villages of 15 union councils of three districts have been interviewed. The analysis of data indicates that though both, government of Pakistan and NGOs’ played significant role during rescue and relief assistance, the majority of respondents reported that they were more satisfied by the NGOs work compared to government efforts. Further majority of the respondents believed that NGOs performed much better in relief provision than the government of Pakistan.Recognition to NGOs efforts could be due to non-bureaucratic working style, proper need assessment, ensuring victim participation in decision making, acting as per sphere standards while helping the communities. Moreover, wide range of experience in working with effected communities and use of more participatory approach made them more efficient and successful. Respondents’ opinions regarding less efficient role of government could be due to unmet very high and irrational victims’ expectations. Further NGOs are supposed to work in specified area with having fewer responsibilities and more skills.Whereas governments’ working area and responsibilities are spread to all affected population regardless of degree of severity. Moreover, important policy implication of this study is that if government agencies would not handle relief efforts effectively and efficiently than donor agencies may rethink their procedure and channelize future emergency aid and development funding through NGOs or sub-offices. This mistrust has been experienced by government of Pakistan in current flood disaster on both, public and donors’ ends.But optimistically this might lead to COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1734 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS JUNE 2011 VOL 3, NO 2 expansion of NGOs in Pakis tan. So government need not only develop institutional and technical skills to cope with future disasters but also consider expansion to NGOs as alternative to mitigate the hazards and strive to strengthen them. COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1735 ijcrb. webs. com INTERDISCIPLINARY JOURNAL OF CONTEMPORARY RESEARCH IN BUSINESS ReferencesJUNE 2011 VOL 3, NO 2 Action Aid International (2006), The Evolving UN Cluster Approach in the Aftermath of the Pakistan Earthquake: An NGO Perspective. Action Aid International, London. ADB-WB (2005), Preliminary damages and need assessment—Pakistan 2005 earthquake, prepared by Asian Development Bank and World Bank, Islamabad, Pakistan, November 12, 2005. Amendola, Aniello, 2000, ‘Earthquake Risk Management: A case study for an Italian Region†, International Institute for Applied Systems, A-2361 Laxenburg, Austria. Benini, A. A. et al. , 2006, ‘Survivor Needs or Logistical Convenience?Fa ctors Shaping Decisions to Delive’ Blackwell, doi:10. 1111/j. 0361-3666. 2008. 01065. x Boyd, J. (2006), Preliminary report: Future quakes in Pakistan inevitable, http://www. media. rice. edu/media/NewsBot. asp? MODE=VIEW=8166, Accessed on 23-04-2011 at 17:00. MacFarland, T. W. (1998), ‘Mann-Whitney U-Test’ viewed August 2010. http://www. nyx. net/~tmacfarl/STAT_TUT/mann_whi. ssi Pakistan, Government of (2005), ‘A review of Disaster Management Policies and Systems in Pakistan’ Islamabad. Pakistan, Government of (2006), Earthquake Reconstruction and Rehabilitation Authority (ERRA), Annual Review 2005-06.Paul, B. K. 2002, ‘Relief assistance to 1998 flood victims: a comparison of the performance of the government and NGOs’ The Geographical journal, Vol. 169, No. 1, March 2003, pp. 75-89. Pomeroy, R. S, Blake D. Ratner & Stephen J. Hall 2006, ‘Coping with disaster: Rehabilitating coastal livelihoods and communities’ Elsevier, Ma rine Policy 30, PP 786–793. Shaheen, M. A. (2007), Academic Institutions and Libraries of Pakistani Administered Kashmir: A Pre and Post Earthquake Analysis, A Paper read on 73rd IFLA General Conference and Council held on 19-23 August 2007 at Durban, South Africa. Shaheen, M.A. (2008), ‘Earthquake effects on educational institutions and libraries of Azad Kashmir An appraisal’, Emerald, Vol. 57, No. 6, 2008, pp. 449-456. COPY RIGHT  © 2011 Institute of Interdisciplinary Business Research 1736 Copyright of Interdisciplinary Journal of Contemporary Research in Business is the property of Interdisciplinary Journal of Contemporary Research in Business and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use.

Jean Piaget And Lev Vygotsky - 1800 Words

Theorists Jean Piaget and Lev Vygotsky are two of the most recognized cognitive psychologists. They developed theories that addressed cognitive development and learning among children. Jean Piaget Jean Piaget was born on August 9th, 1896, in Switzerland. Piaget’s father demonstrated the importance of being dedicated to his studies and work from a very young age. As a child, this was very influential to him. Piaget’s friends and family were aware of his intelligence from a very young age. Piaget published his first scientific paper about the Albino Sparrow at the age of ten. By the time he turned twenty-one, he had twenty scientific papers published about mollusks. Piaget graduated in 1916 at the age of twenty from the University of Neuchatel, at the age of twenty two, he received his doctorate of Biology. Piaget’s interest in psychology was sparked in 1919. He started to study psychology and carry out research in Zurich, Switzerland, and later in Sorbonne, Paris. At first is was Freudian theories that caught his interest; however, while studying in Paris, he began his studies on cognitive development. During Piaget’s time working in two psychological laboratories in Zurich, Switzerland, he was introduced to psychoanalysis. Later, while in Sorbonne, he studied mental illnesses, logic, and epistemology. In 1920, Piaget and Theodore Simon developed standardized reasoning tests that Piaget later thought were too strict because they were quantitative tests, and he saw thatShow MoreRelatedJean Piaget And Lev Vygotsky848 Words   |  4 Pagesabout child development. Jean Piaget and Lev Vygotsky are two of those many theorists. Both of these theorists have their own beliefs on how children develop. Jean Piaget and Lev Vygotsky differ in their developmental theories, how their theories help the intellectual development in children and the similarities in their theories. A developmental theory is a theory that a scientist has proven to be true for a child’s development. According to Karen Stephens (2015), â€Å"Jean Piaget believes that childrenRead MoreJean Piaget And Lev Vygotsky817 Words   |  4 Pagesdistricts. Several theorists have studied teaching strategies and documented how they feel children learn best. Two very prominent theorists are Jean Piaget and Lev Vygotsky. Jean Piaget had a very long career that included many ideas on how to teach children effectively and how children learn. One of his very popular theories was peer learning. Piaget believed that students should be a part of the learning process. The goal was to create independent thinkers who can work together to solve problemsRead MoreEducational Methods Influenced By Jean Piaget And Lev Vygotsky800 Words   |  4 Pagesresearch of Jean Piaget and Lev Vygotsky. Both of these men provided influential theories, which had a significant impact on evaluating children’s learning styles and abilities. After years of research and observation, Piaget determined that intellectual development is the result of the interaction of individual and environmental factors. He felt that as a child develops and always interacts with the world around him, knowledge was established. Through his observations of his children, Piaget developedRead MoreJean Piaget And Lev Vygotsky And Vygotsky s Vi ews On Teaching Philosophy And The Children Of The Future Essay1119 Words   |  5 Pageswas influenced. In my discussion I will elaborate on the philosopher: John Dewey with his philosophy: â€Å"Progressivism† and other philosophers: Jean Piaget and Lev Vygotsky with their philosophy: â€Å"Constructivism†. I am also going to elaborate on my ideas on teaching, learning and the children of the future in my class together with how Dewey, Piaget and Vygotsky influenced my thinking. Why I want to become a teacher: I choose this Foundation Phase course so that I can become one of many teachers toRead MoreWgu Fht Task 11675 Words   |  7 Pagesperson’s cognition. Two theorists that are commonly known in the field of cognitive development are Jean Piaget and Lev Vygotsky. These two theorists agree on the several concepts of cognitive development but differ on others, the most commonly agreed difference among all theorists involved in cognitive development is the simple yet complex question of how cognitive development occurs. Jean Piaget, born 1896 and died 1980, was a Swiss psychologist; his focused was on the way an individual childRead MoreVygotsky And Vygotsky Theories Of Learning1257 Words   |  6 PagesTheories of learning In this essay, I will compare and contrast jean Piaget and lev Vygotsky theories of learning. First, I will discuss Piaget followed by Vygotsky then I will compare and contrast both theorists. Jean Piaget was a Swiss developmental psychologist and philosopher, he is known for his contribution to a theory of cognitive development. Piaget became interested in the reasons why children gave the wrong answers to questions that required logical thinking. He believed that these incorrectRead MoreVygotsky And Vygotsky : Early Childhood Development1683 Words   |  7 Pages Amanda Rezzonico Piaget vs Vygotsky Early Childhood Development Lev Vygotsky and Jean Piaget are known in the educational world. Vygotsky and Piaget were developmental psychologists who had many of the same views and beliefs, but at the same time had opposing views. According to Jean Piaget â€Å"cognitive development was a repetitive reorganization of mental processes that derived from biological maturation in addition to environmental experiences’’ (McLeod, S. A. (2015). The childRead MoreJean Piagets Influence On The Development Of Constructivism1032 Words   |  5 PagesMany people give credit to Lev Vygotsky for his constructivist theory but Jean Piaget is the patriarch of the theory. Jean Piaget’s influence on the Development of Constructivism A Brief Biography Piaget is a well-known figure in psychology, although his subject of study was zoology. When he was 11 years old he wrote a one-page article that was published in Switzerland in the natural history review. The article was on an albino sparrow. A little while after that, Piaget started studying molluscsRead MoreThe Theory Of Intellectual Development Essay1395 Words   |  6 Pagesadult s point of view. So to speak, mental change is the improvement of the ability to think and get it. A broad piece of research has gone into perceiving how a youth imagines the world. Jean Piaget was a significant oblige in the establishment of this field, molding his speculation of scholarly progression. Piaget proposed four periods of mental progression: the sensorimotor, preoperational, concrete operational and formal operational period. A considerable lot of his speculative cases have sinceRead MoreVygotsky And Vygotsky s Theory Of Cognitive Development Of Thought And Language Essay1060 Words   |  5 Pagespsychologists such as Jean Piaget and Lev Vygotsky. The former drastically influenced the study of thought and speech with his theory of cognitive development and his clinical method. The latter also made his contribution with his sociocultural theory. Although language and thought may be analysed as associate one to the other, both of them may be considered as independent and dynamic processes which belong to different roots. Considering the book Thought and Language by Lev Vygotsky, it might be possible

Argumentative Essay On Smoking Marijuana - 1001 Words

A couple of weeks ago my aunt and I had a discussion. The discussion was about a tv character smoking marijuana, and I went on talking about the benefits and how it is a natural plant and not a natural plant mixed with many other things. There have been a very few negative issues with marijuana versus cigarettes which has been linked to deaths, illness, and addiction just to name a few things. It seems like marijuana would be the cure to the cancer and a few other illnesses that cigarettes can cause, the smoke from the marijuana plant does not cause as many issues as cigarette secondhand smoke, marijuana and cigarettes both have certain stigmas attached to them. To begin, marijuana contains a compound called Cannabidiol or (CBD) for†¦show more content†¦Secondhand smoke from a cigarette can have very dangerous longterm effects. The International Agency for Research on Cancer have classified secondhand smoke as â€Å"a known human carcinogen or a cancer-causing agent,† about seven thousand and three hundred lung cancer deaths were a result of secondhand cigarette smoke. The U.S. Surgeon General estimates that living with a smoker increases a nonsmoker’s chances of developing lung cancer by 20 to 30 percent. (Differences Between Smoking Cigarettes Marijuana) Differences Between Smoking Cigarettes Marijuana states that â€Å"secondhand smoke from cigarettes do in fact causes disease and premature death in nonsmoking adults and children. Exposure to secondhand smoke may increase the risk of heart disease by an estimated 25 to 30 percent. In the United States, exposure to secondhand smoke is thought to cause about 34,000 deaths from heart disease each year. Exposure to secondhand smoke also increases the risk of stroke by 20 to 30 percent. Pregnant women exposed to secondhand smoke are at risk of having a baby with low birth weight. Also, infants that have been exposed to secondhand smoke have a greater risk of SIDS (sudden infant death sy ndrome), asthma, and being around smoke slows the growth of children lungs and can cause many respiratory issues†. There are very few studiesShow MoreRelatedArgumentive Essay1121 Words   |  5 Pagesï » ¿ Argumentative Essay Legalization of Marijuana Ashley Bassett Eng. 1301 Instructor: Pam Hesser pg.1 The recreational use of Marijuana should be legalized. According to the New York Times The social costs of the marijuana laws are vast. There were 658,000 arrests for marijuana possession in 2012, according to F.B.I. Figures compared with 256,000 for cocaine, heroin and their derivatives. Even worse, the result is racist, falling disproportionately on youngRead MoreShould Marijuana Be Legalized For The Best Of Society?1742 Words   |  7 PagesMarijuana is one of the most controversial discussions to consider in various countries due to the numerous debates between citizens to legalize or criminalize the drug for the best of society. In countries such as Colombia, Netherlands, and various states in United States (Colorado, Washington, and Oregon), marijuana is legalized for recreational and medical purposes, which is obtainable to all citizens. However, in countries such as Canada, marijuana remains illegal for recreational use, whichRead MoreWhy Marijuana Should Be Legal960 Words à ‚  |  4 PagesA college student walking down the street on a pitch black night, has a brief encounter with a cop while smoking a joint for his post-traumatic stress disorder, and unfortunately gets arrested, even though marijuana seems to be his only temporary cure. I believe marijuana has many medical benefits, and certain people need it to live a normal, productive life. Opponents of legalizing it have argued that doing so would do more harm than good, however they turn a blind eye to scientific studies provingRead MoreAppeal To Pathos : Appeal To Pathos In The Play Don929 Words   |  4 Pagesinitial point), is a logical fallacy in which the writer or speaker assumes the statement under examination to be true. Ex. 1: â€Å"Smoking causes lung cancer because cigarettes contain nicotine that is very deadly.† Ex. 2: â€Å"Diamonds are formed in a carbon molecule pattern that results in a translucent beautiful rock. Which is why they are so expensive to buy.† Ex. 3: â€Å"Marijuana is illegal in certain states in the U.S. and yet we use it for medical purposes.† Use: Begging the question allows the authorRead MoreLogical Reasoning189930 Words   |  760 Pagesown conclusion, then its your responsibility to give them reasons they can appreciate. Lets examine that last remark. A conclusion backed up by one or more reasons in any order is called an argument, even when the reasoner is not being argumentative or disagreeable. The word â€Å"argument† is a technical term we will be using frequently in this course. Being logical means, among other things, that you should give an argument to support your conclusion if you expect other people to accept itRead MoreLibrary Management204752 Words   |  820 Pagesenvironment. Like procedures, rules and regulations guide action, but they specify no time sequence. Similar to decisions, rules are guides, but they allow no discretion or initiative in their application. Examples of rules might be the prohibition of smoking in the library or information center or the fact that materials in the reference collection do not circulate. Regulations also establish a course of action that is authoritative, with failure to adhere to regulations eliciting discipline. decision

Putting Elderly Parents in Anursing Home - 1148 Words

Putting elderly parents in a nursing home verses keeping them at home. Theresa Burroughs Composition I – 6 Instructor: Elaine Childs January 1, 2010 There will almost absolutely come a day when your parents will need you. When this time comes, they will probably not admit that they need you or anyone else for that matter, but in reality, they will definitely need someone. If you look back to your childhood it’s quite similar to those days they had to care for you. They took care of your every need from bathing, feeding and dressing you appropriately. Those days you may not remember as well as they do but they happened. The days that they were responsible for you, unfortunately now they need the same care that they provided†¦show more content†¦Meals and transportation are also available to help retain independence. Home delivered meal programs can help ensure a proper diet for them. Adult day care and hospice are also options to help retain your elderly parent at home. Respite care is also available to you. They will send a trained person to care for your loved one so that you can run errands or take a vaca tion and have the break you may need [ (new york Life , October) ].So with many options to help retain your loved one at home it’s easy to see the benefits of keeping them at home as long as possible once you have assessed the cost to do so. The daily average cost of keeping a loved one at home with a paid caregiver is an average of $96.00 dollars a day and an average of $34,560 dollars a year [ (Kobrin, 2009) ]. Compared to a nursing home this is by far the cheaper option. But still with adding in the other options listed above this can be even cheaper if you do your research for your local area. By being head smart you can keep your elderly parent at home without watching everything they’ve worked for go down the drain. In ending choosing to keep your elderly parent at home is more than the right choice. In the long run it’s going to save them money and prolong their independence as long as possible. This is also your chance to give back to them all that you

How to Assess Employee’s Needs for Training Free Essays

COMENIUS UNIVERSITY IN BRATISLAVA, FACULTY OF MANAGEMENT HOW TO ASSESS EMPLOYEE’S NEEDS FOR TRAINING INTRODUCTION A  subject of my seminar assessment from Human resource management is Training needs assessment, or how to assess employee’s needs for training. The training needs assessment is a very effective way, how to identify employees’ needs for training. An object of my assessment is to acquaint readers with this topic, explain them, how the training needs of employees are identified, what the process of identification consists of and how to manage the training needs assessment. We will write a custom essay sample on How to Assess Employee’s Needs for Training or any similar topic only for you Order Now HOW TO ASSESS EMPLOYEE’S NEEDS FOR TRAINING Every company has goals which the company is trying to achieve. The main role plays employees who are the ones that actively participate in achieving the goals. That is the reason why the company should pay attention to them and evaluate if the employees have all qualifications, skills and knowledge that are the most efficient in achieving the goals. This evaluation can be provided through a very efficient method called training needs assessment, that discovers the training need of employees. Training needs assessment Staff training needs are assessed through a process called a training needs analysis. The exact form that this takes will depend on the nature of the organization, the technology available, and the nature of the staff. However, the fundamental elements of a training needs analysis are the same. It is a three-step process: * Identify the training needs * Deliver training that meets the needs * Assess the effectiveness of the training. These three steps are repeated over and over during the life-cycle of an organization. Continual assessment is required because the needs keep changing. Employees do not remain static they take on new roles and responsibilities. Their environment is also not static — technology keeps changing, as do the demands of their organization. † (Knowles, 2009) Identifying the Training Needs The best way how to identify training needs is with a three-step approach consisting of organizational analysis, analysis of employees and task analysis. 1. Organizational Analysis -Organizational analysis identifies abilities, knowledge and skills needed for employees in the future, when their job and the company will change. The analysis collects data through looking at few aspects like lost workdays, customer complaints, grievances, absenteeism, turnover rates, safety incidents, different performance problems, etc. Afterwards these data are assessed to detect where performance could be improved through training. The organizational analysis should be also prepared for future changes and it should also plan for changes in the workplace like worker demographics, laws and regulations and future skill needs. * Workforce. Workers growing old and women or other minorities becoming more prominent make the workforce change. Operating cost modifications and economic changes also may need workplace changes, when competing internationally. If the company understands these possible changes, then it has a good advantage, because that may help it to adapt to employees’ needs while the company’s needs are still met. * Laws and regulations. An organization might be forced to arrange training in specific areas because of new laws and changes in current safety and environmental regulations. Also other policies which include employees need to be communicated to them. * Future skills. Future skill needs can be recognised if an organization understands, how it might change in the future. For instance, will new equipment be installed or new processes applied? Will standards or regulations be changed? Is technology going to change? Will there be interpersonal or communication skills needed from employees because they will have to work with others or in teams? Will cultural changes be taking place in the organization? 2. Analysis of employees- Analysis of employees looks at individual employees and assesses their performance in their jobs. Their individual level of skills or knowledge can be determined through interviews, questionnaires or tests. Their performance reviews can contain useful data as well. Furthermore, problems with performance can be recognised by assessing aspects such as output, non-attendance, lateness, equipment repairs needed, accidents, complaints, client complaints and product quality. When shortages are recognised, an individual employee’s needs can be met through initiating training. All three stages of the training needs analysis are interconnected and information has to be gathered at all stages. Based on the data collected, training needs can be recognised, and the company can form learning objectives and develop a training program so the needs can be met, both company’s and employee’s. 3. Task Analysis- Task analysis examines requirements of knowledge and skills that are needed for each job and compares them to actual employee’s knowledge and skills. Any absence reveals a need for training. Analysis of job safety, standard operating methods, job description, performance standards, examination and questioning on-site, literature review and best practices are all sources for information collection. An efficient task analysis detects: * tasks that need to be accomplished * terms under which tasks can be accomplished * when and how often tasks are achieved * quantity and quality of work required * skills and knowledge needed to achieve tasks * where and how these skills are best gained Figure 1- Training needs assessment process (Bajzikova, a ini, 2011) Delivering Training That Meets the Needs Training can be provided through many different ways. It can be formal, classroom like, in the organization’s building, together with colleagues or it could be delivered through an external training company, also in class, but with people from other organizations. Other option is to provide the training on-line. The training might be short or long-lasting. Short lasting, such as classes lasting a day or even longer, that provide quiet big amount of information, or long-lasting trainings, that are delivered in small parts, maybe an hour a day or less. The trainings can be on a one-to-one basis, or they can take place in a group with one teacher. But the one-to-one basis trainings could become more like mentoring than formal teaching. What is important is that the teaching method and content matches the needs of the learners. Assessing the Effectiveness of Training In order to know whether the training has achieved the goals that were set for it, the organization needs to set up some sort of assessment. â€Å"Happy sheet† is the most basic form of assessment, especially for training I classes. The sheet is about one page long and it asks those who were trained if they enjoyed themselves during the training, whether they felt like they learned anything and what could have been better. There are also more complex and sophisticated forms how to evaluate training and these, after the training, measure the employees’ performance and compare it with their performance before. This cycle needs to be repeated even several times, because it is improbable that just one cycle of training needs analysis and following education will solve all problems. Models for Training Needs Assessments McClelland’s open-systems model McClelland (1993) presents an open-systems model for managing training needs assessments. This model contains of eleven steps which help to manage the assessment. 1. â€Å"Define assessment goals. 2. Determine assessment group. 3. Determine availability of qualified resources to conduct and oversee the project. 4. Gain senior management support for and commitment to the process. 5. Review and select assessment methods and instruments. 6. Determine critical time frames. 7. Schedule and implement. 8. Gather feedback. 9. Analyse feedback. 10. Draw conclusions. 1. Present findings and recommendations. † (Cekada, 2010) Barbazette’s model Barbazette says that training needs assessment should answer 4 questions: what, who, when, how and why. * What- â€Å"What is the best way to do a specific job? This helps to achieve the desired results. Standard operating methods may indicate how to manage a task or which government regulations need t o be considered when completing a task. Other important thing is to ask what jobs are involved in the shortage. This recognises critical tasks that have the possibility to cause a personal or property damage. Who- â€Å"Who is involved in the shortage of performance? † This will identify those employees that are involved and guarantee that the training is customized for them. It is also essential to consider the target audience for the training; what information does the organization have about them to design and customize the training; and who else may profit from the training. * When- â€Å"When can be training best delivered? This helps to minimize the impact on the business. It is also crucial to determine other things that are needed to make sure that the training is provided and delivered effectively. These models help guide development of a training needs assessment. * How- â€Å"How the shortage of performance can be fixed? † This helps to determine whether training will resolve the issue. That reveals if a skill or knowledge shortage led to the issue. * Why- â€Å"Why? † This helps to connect the performance shortage to a business need and asks whether the profit of the training is greater than the cost of the current shortage. CONCLUSION The training needs assessment is used to identify an organization’s and its employees’ training needs and determine the type and range of resources that are needed to support a training program. It helps the organization to design or choose the right type of training and afterwards it helps to assess if the goals were achieved. The training needs assessment is a very good, not complicated and effective way how to deal with educational needs within a company. And even though the cycle might have to be repeated several times, it is a helpful huma resource management tool. BIBLIOGRAPHY * Bajzikova, Lubica, et al. 2011. Manazment ludskych zdrojov. Bratislava  : Comenius University Bratislava, 2011. pp. 92-96. 978-80-223-2989-7. Cekada, Tracey L. 2010. www. asse. org. [Online] 3 2010. http://www. asse. org/professionalsafety/docs/F1Cekada_0310. pdf. * Knowles, Andrew. 2009. suite101. com. How to assess staff training needs. [Online] 9 7, 2009. http://suite101. com/article/how-to-assess-staff-training-needs-a146161. * Miller, Janice A. , Osinski, Diana M. and SPHR. 1996. www. ispi. org. [Online] 2 1996. http://www. ispi. org/pdf/suggestedReading/Miller_Osinski. pdf. * Unknown. w ww. opm. gov. [Online] http://www. opm. gov/hrd/lead/TrainingNeedsAssessment. asp. How to cite How to Assess Employee’s Needs for Training, Essay examples

Commercial Law Assessment for Battery - MyAssignmenthelp.com

Question: Discuss about theCommercial Law Assessmentfor Battery and Nuisance. Answer: Issue Can the manufacturer and distributor of Samsung Galaxy Note 7, be held liable as per the tort of negligence, towards the Australian consumers? Rule A tort depicts that something has been done wrong, which attracts civil liability, instead of a criminal liability. Under the common law of tort, are different liabilities, arising from defamation, battery, nuisance, negligence, etc (Statsky, 2011). The provisions regarding negligence are contained not only under the common law, but also under the statutory legislation, i.e., under the Wrongs Act, 1958 (Vic). As per section 18 of this act, in order to establish that an individual had been indulged in a negligent act, certain points have to be established. These include, the failure in adopting the precautions which were necessary to deal with the risk of harm, the risk to be foreseeable in a reasonable manner and the same not being insignificant, and lastly, that in similar situation, similar precautions would have been applied by a prudent person (Legislation, 2010). Under the common law, negligence is considered as a failure of duty, which an individual owes to the other, due to the work being done by them, and which results in a loss or harm to the other person. In order to establish that an incident of negligence did take place, three basic elements have to be there, and these comprise of the duty of care, breach of this duty and the resultant injury, loss or harm (Gibson Fraser, 2014). Apart from these three basic elements, there are some additional elements, which also need to be there, to establish a case of negligence in a successful manner. These include that there has to be a presence of direct causation. This causation has to be between the loss incurred by the other person, and the breach of duty on part of the negligent person (Legal Services Commission, 2016). Apart from this, the loss has to be substantial and cannot be too remote. And the last aspect is that the risk of injury, or the loss, was foreseeable or predictable in a reas onable manner. Once, all these elements are present in an incident, a successful claim for negligence can be made by the party who was injured (Bailey, 2016). The first requirement is to show that a duty of care was indeed present. For the duty of care owed by the manufacturers to their consumers, was established in the issue of Donoghue v Stevenson [1932] UKHL 100. In this case, the plaintiff was Mrs. Donoghue, who drank the ginger beer bottle which was manufacturer by Stevenson, the manufacturer. In this bottle, a dead snail was found, due to which, when Donoghue consumed the bottle, she fell sick. The manufacturer in this case, claimed that he did not owe any duty to a consumer, when the same was being consumed whilst the consumer was in a caf. However, the Court was of the view that there was a clear breach of duty on part of Stevenson, as he failed to ensure that the bottle was safe for the consumption of his consumer. And as a result of this, the negligence of the manufacturer attracted damages for him (Latimer, 2012). To further clarify on the presence of duty of care, the threefold test given in the case of Caparo Industries plc v Dickman [1990] 2 AC 605, 618, given by the Court of Appeal, is helpful. The judges held that the duty of care is present when there is proximity between the party who has been injured and the breach of duty by the individual who owed duty of care; the imposed penalty to be reasonable, just and fair; and lastly, the loss to be reasonably foreseeable (Lunney Oliphant, 2013). In the issue of Bolton v. Stone [1951] AC 850, [1951] 1 All ER 1078 is one of such cases, where due to the absence of reasonable foreseeability in the defendants conduct, the damages were not awarded by the court to the defendant, as he was not held to have committed the tort of negligence (Swarb, 2016). Followed by an establishment of duty of care, the violation of the duty of care needs to be established. In Vaughan v Menlove (1837) 132 ER 490 (CP), the defendant was warned over and again regarding the poor ventilation in his building, which could result in a possible fire to the haystack. Due to the lack of the defendant in considering these warnings, he was held to have violated his duty of care and hence, negligent (Commonwealth Legal Information Institute, 2017). In the case of Paris v Stepney Borough Council [1951] AC 367, the Council was aware of the fact that Paris had one bad eye. And even then they did not provide him with any sort of protective gear. So, when a rusted bolt flew and hit his working eye, Paris was completely blinded. This was held to be a breach on Councils part and hence, they were held as negligent by the court (Martin Lancer, 2013). After establishing these two elements, the loss has to be shown, along with the other three elements highlighted above. So, the foreseeability, loss being not too remote and direct causation has to be present. In the Wagon Mound Case, which is otherwise known as the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, the relief in form of damages were not ordered, as the loss was held to be too remote (H2O, 2016). In Wyong Shire Council v. Shirt (1980) 146 CLR 4, the view of a reasonable individual, to judge the risk of injury taking place was taken and it was held that the particular risk was indeed reasonably foreseeable and hence, a claim for negligence was held to be successful (Jade, 2017a). Application The number of cases highlighted in the previous segment highlight certain elements for establishing a case of negligence. In the given case study, the manufacturer and distributor owed a duty of care towards the Australian Consumers, which was breached when the phone exploded and people were injured in a significant manner, due to the malfunctioning of the product. Hence, all the elements were present. Also, as per Donoghue v Stevenson, a claim of negligence is further strengthened. Overheating is a common problem in devices which makes the loss foreseeable. Conclusion As all of the elements are present, for establishing the case of negligence, the manufacturer and distributor of Samsung Galaxy Note 7, can be held successfully liable under the tort of negligence, towards the Australian consumers. Issue Can the manufacturer and distributor of the product be held liable under the ACL, as per the rights which are available to the Australian Consumers? Rule The Competition and Consumer Act 2010 (CCA) is a key legislation in Australia for ensuring the fairness in competition. Schedule 2 of the CCA, contains the provisions regarding the Australian Consumer Law (ACL), which presents the need for carrying the business in a fair manner and making certain that the consumers are protected (Coorey, 2015). Due to the applicability of ACL, the consumers are protected from unfair contractual terms, false representations, misleading or deceptive conduct, unconscionable conduct, unfair contractual terms, and the like (Corones, 2012). For establishing a claim against the manufacturer or distributor, the requirement of being a manufacturer as per section 7 of this act has to be fulfilled. As per this section a manufacturer includes a person who holds himself as being in this position, who extracts, grows, assembles, produces or processes the goods, along with certain other requirements. The requirement of being a supplied, as per section 2, also has to be fulfilled. However, it is not required that the individual is a consumer as per section 3 of ACL. The safety defect, which attracts the provisions under this act, has to be as per section 9 of the Australian Consumer Law (Australasian Legal Information Institute, 2017). The provisions contained under the Part 3-5 of the ACL, make the manufacturer liable for the safety defect found in the products manufactured by such manufacturer. Under section 138 off ACL, the liability for the loss or harm which another person had to bear, has to be borne by the manufacturer, when the goods manufactured by the manufacturer, contains some kind of safety defect, and which led to the injury to the person. Under this section, the liability on the manufacturer is also imposed for the resulting death of such an injured person. Section 139 of ACL provides that the manufacturer is liable to such an individual for their loss, who incurs such loss, due to the injury of another person or such another persons death, owing to the safety defect in the manufactured product of the manufacturer. Section 140 fixes the liability for the safety defect over the manufacturer due to the goods being destroyed, or them being damaged. And for the liability for the damages to building, land or fixtures, the liability arising due to safety defect is covered under section 141 of the Australian Consumer Law (Australasian Legal Information Institute, 2017). The liability of the manufacturer can be established through the case of Glendale Chemical Products Pty Ltd v Australian Competition Consumer Commission Anor [1998] FCA 1571. Boiling water was put down the slower pipe by P and after this he put in the dry Glendale Caustic Soda through this very pipe. Consequently, P eyes and face was burnt. When the case was made under Part 3-5 of the ACL, P was held to be successful against D. The raison d'tre behind holding D liable was his responsibility of labeling and repackaging the bulk caustic soda, as a result of which, he was considered as a manufacturer under the provisions of ACL (Jade, 2017b). The manufacturers also have been protected under this act, through the defenses available to them, under section 142 of the ACL. In case a manufacturer can show that the product did not have any defect when the same was supplied, than the section 142(a)(iii) protects them from any liability raised by the consumer. A defense can also be established by showing compliance with the applicable standards. Similarly, section 142(c) of the ACL protects the manufacturer when they can show that the defect could not be established as per the technical and scientific knowledge available to them. Under section 142(d), the defense of a defect or careless assembly, as a result of the omission or an act of the manufacturer of the finished goods, can also be made by the manufacturer of the product (Australasian Legal Information Institute, 2017). Application The present case study reveals different consumers who can initiate a claim against the manufacturer and distributor of the device. The manufacturer is liable as they created and formed the product and the distributor is liable in accordance with the case of Glendale Chemical Products Pty Ltd v Australian Competition Consumer Commission Anor. As, for different consumers, different sections highlighted above were breached, the claims made against the manufacturer and distributor of the device, would result in attraction of damages to be payable to the individuals making the claim. Even though the manufacturer and distributor can make defense under section 142, the same would not be much successful, due to the large-scale failure of the product. Conclusion So, manufacturer and distributor can be held liable under the ACL, as per the rights which are available to the Australian Consumers. Issue Are there any applicable caps over the personal injuries damages, in the present case, for the claims highlighted in the previous parts? Rule In 2015, the Wrongs Act, 1958 (Vic) was amended through the Wrongs Act, 2015, which resulted in changes to the provisions pertaining to the claims raised for personal injuries in the jurisdiction of Victoria. Through this amendment act, there has been a reduction in the threshold for the impairment for psychiatric and spinal injuries. Hence, an individual who suffers from is equal to or at 10% impairment for psychiatric injuries and at or equal to 5%, for the spinal injuries, can claim damages for non-economic losses, when the same were not available previously. Under section 28G of the Wrongs Act, 1958, the cap has been increased to a value of $577,050 (Thomas, 2015). Though, some restrictions have been placed for recovering non-economic losses, in terms of suffering or pain. Moreover, for a claim to be made under this act, it has to be shown that a significant injury did take place (Law Handbook, 2015). The economic loss related provisions, as contained in section 28F(2) have also been modified. The maximum amount of damages, which can be awarded after the amendment, is the amount equal to three times the average minimum weekly earnings of the person. Before the cap is applied for the claims raised by dependent of a deceased person, a deduction for the personal living expenses of such a deceased person have to be made. Under section 28ID, the damages owing to the loss of capacity of some other person have now been allowed (Thomas, 2015). Application The individual, who have been affected due to the explosion of device, along with the hotel, where the furniture was damaged, can make claim in this case (Griffith, 2016). Plus, they can seek both economic and non-economic damages, as per the limits prescribed above. Conclusion Hence, there are certain applicable caps over the personal injuries damages, in the present case, for the claims highlighted in the previous parts. References Australasian Legal Information Institute. (2017). Competition and Consumer Act 2010 - Schedule 2. Retrieved from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Bailey, J. (2016). Construction Law (2nd ed.). Oxon: Routledge. Commonwealth Legal Information Institute. (2017). Vaughan v Menlove. Retrieved from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf Coorey, A. (2015). Australian Consumer Law. London, United Kingdom: LexisNexis Butterworths. Corones, S.G. (2012). The Australian Consumer Law. New South Wales: Lawbook Company. Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Griffith, C. (2016). Exploding Samsung Note7 ruins Australian hotel room. Retrieved from: https://www.theaustralian.com.au/business/technology/exploding-samsung-note7-ruins-australian-hotel-room/news-story/093d67da670f8c1ed20df88aafbb2f66 H2O. (2016). Wagon Mound (No. 1) -- "The Oil in the Wharf Case". [Online] Retrieved from: https://h2o.law.harvard.edu/collages/4919 Jade. (2017a). Wyong Shire Council v. Shirt. Retrieved from: https://jade.io/article/66842 Jade. (2017b). 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