Growth Strategy for Vincor Essay

Vincor needs to align itself in the marketplace such that it can continue to be a market leader and grow internationally. The Canadian wine market is stagnant with limited growth opportunities in a few segments – red, premium, varietal, and ice wines. Supply is always a big concern and government regulations for the sale of alcohol must be considered. As a result of the changing environment, new prospects in the market and strategic growth in external markets (international) should be analyzed. Going forward, Vincor’s growth strategy needs to focus on markets where they can have substantial market penetration and be highly successful. The opportunities are as follows: 1) Expand into international markets via acquisition and restructure the current debt to reduce interest costs. Capitalize on the popular brand name in the new market to achieve significant foreign growth. 2) Varied approach to cost reduction and focus on niches within Canada. Recover a portion of the emerging grey market by developing new product packaging for the low-end wines (plastic or boxes). 3) Build mutually beneficial partnerships with new glass bottle suppliers and develop a sales channel that will induce economies of scale for the price of bottles and increase margins; or renegotiate with current suppliers to reduce costs and provide incentives by signing an exclusivity agreement. 4) Zero in on the ice wine consumers by meeting the demand. Exploit the Inniskillin brand in the Canadian premium wine market in order to gain market share. 5) Develop a new product internationally through a partnership with a winery or vineyard by leveraging Vincor’s strong management team, international award status and proven sales force to sustain Vincor’s growth pattern. Expanding internationally through the acquisition of a company with strong branding would prove the best alternative, both in terms of timing and future growth potential. Developing a partnership in order to produce new products would take years and considerable time and effort before any gains would be realized. The varied approach would not produce enough growth to support an IPO, but many of these avenues will be addressed to reduce costs over the next several years. First six (6) to twelve (12) months: †¢ Set up the team that will conduct an international market study to determine which market, and more specifically, brand to penetrate. The team will include: 1. Jones and a market insight team (utilize services of a consulting firm that specializes in foreign winery acquisitions) 2. Jackson and his mergers and acquisition (M&A) team 3. Munroe for sales and marketing 4. Investment banker †¢ The market insight team will gather the data and develop a sound understanding of the targeted wineries and knowledge of the regulations of the country †¢ Recommendations will be made to M&A team Next twelve (12) to eighteen (18) months: †¢ Once a decision is reached, the investment banker and M&A team will contact the companies, begin their due diligence process and conduct the final purchase †¢ The new winery will be integrated into Vincor’s portfolio and Munroe with his sales and marketing team will be responsible for its growth The international acquisition will expand Vincor globally and provide for significant growth in its portfolio. At the same time, the desired Canadian relationships with suppliers will be cemented to reduce cost of sales and increase margins.

Maintaining Job Descriptions

Writing and updating Job Descriptions is very important for the employer and the candidate. It allows the candidate to decide if the skills they have match the position they are contemplating on applying for. For the employer it helps them to get a clear picture of the ideal candidate and give their expectations for the candidate they are searching for. Companies undergo expansion, restructuring, downsizing and relocating, those things cause changes within the company such as departments and teams changing and business priorities. The reason we update and rewrite job descriptions is so that employees do not assume what to do on the job but know what to do. The employer needs for the job description to specifically state what is expected, such as travel, management, full time, part time and shift work. A Job description also helps the employer determine who can follow directions, and they also aid in evaluations, raises and promotions. Job descriptions are also an important part of the Benefits Specialist’s Job. They are also very essential in the development and implementation of Human Resource programs. When applying for a job always remember that a Job Description is a legal binding document and can be used as evidence in hiring disputes and labor negotiations. (Subramaniam, 2009) Whenever the job functions of an employee changes it is very important that their job description changes also. (Subramaniam, 2009) You cannot successfully manage performance by the use of outdated job descriptions that do not list the real functions of the job. Subramaniam, 2009) Many organizations in the past overlooked the importance of updating Job Descriptions but after several lawsuits I believe that a lot of companies today are a lot more careful in not just updating but in writing them and having them looked at and handled by qualified Human Resource personnel. Outline a process that will yield a set of thorough, current job descriptions. The process that I think will yield a set of thorough, current job descriptions would to first determine the needs of the company. This may ean getting with the decision makers to compare the responsibilities of current staff and to compare the responsibilities and competencies of current staff against all existing and possible needs. By doing this you can identify the gaps and consider looking at current employees who can be moved into need roles in place of looking to hire. (Developing a Roadmap for the Hiring Process) Gather information from your staff to help in the process ask them what they think you should be looking for or asking. The second step would be to start writing your Job Description and Job Posting. The job description document will list the responsibilities and qualification of the job. This will be used by the hiring managers to evaluate the candidates and by the position manager to set expectations for the new hire and for the evaluations and performance reviews. (Developing a Roadmap for the Hiring Process) Next would be to develop a recruitment plan, you can first start by Internal Distribution: this will allow current employee the opportunity to apply for the position if interested. And second they are the key source of referrals for any new positions. Next would be Distribution by net working this would be to send the announcement to friends, peer groups community partners etc. This will help in spreading the work of the position. Last would be External Posting, this would be online adds, news papers and even just posting the job on boards in different businesses like grocery chains. Your final stage would be setting up a screening process to view each applicant and make a decision. Be sure that everyone who is making a hiring decision is on the same page. You can start by deciding what information you want to view and how you want to obtain the information you are looking for. Three common stages of a screening process are Resume Screening, Phone Screening and Interviews. Before you view any resume decide what information you want to know from the resume and look at your job description and come up with a list of criteria, This will aide you in coming up with a Resume Screening Worksheet. Next would be a phone screening, sometimes it is hard to decide from a resume so you can come up with a few questions and do a phone interview. If after doing a Resume Screen and a Phone Screen your are still not satisfied then you can do an Interview. The in person interview allows you to fish for information that you did not gather during the resume and phone screen. Recommend a process to be used in the future for periodically reviewing and updating the new job descriptions. The process that I recommend be followed in keeping your job descriptions updated is to first let your employees know that their positions descriptions are subject to changes and that they know the difference between job description and position description. Because with is not in your job description could be in your position description. When discussing performance appraisals review your employee’s job description and discuss it with them to make sure that they haven’t acquired some extra duty that needs to be placed in their job description. You can also make sure to review the job descriptions once someone has left that position then before you rush to place an announcement for the position review the job description and make any changes need. Works Cited Developing a Roadmap for the Hiring Process. (n.d.). Retrieved April 25, 2011, from Common Good Careers: www.cgcareers.org Subramaniam, S. A.-M. (2009). A Review of the Need for Writing and Updating Job Descriptions for 21st Century Organizations. Retrieved April 25, 2011, from European Journal of Social Sciences-Volume 12, Number 2 (2009): www.eurojournals.com/ejss

National News Essay Example | Topics and Well Written Essays - 750 words

National News - Essay Example The broadcast networks CBS, on the other hand, focus on the national consumers and therefore it broadcast national news. In this perspective, the first three news broadcasted in the two newscasts differs. The top stories from satellites news, MSNBC were the six theories, four words concerning the Malaysia is missing jet, Biden’s Europe trip in an attempt to find a solution for Ukraine crisis, and 10 years imprisonment of TV pitchman, Kelvin Trudeau. The broadcast networks CBS top news was the new findings from the Malaysian missing jet, the claims made by antitrust suit that the NCAA is unlawful cartel and the arrest of Calif. Man in subway-bombing terrorist plot. Although the two broadcasts differ in terms of news transmission, the first top story, the Malaysian jet misery, was similar. However, information and focus on news broadcasted differs. CBS News attempted to examine the recent report of the misery while MSNBC explains the current situation and efforts of the authorit ies concerned (Orlik, 2014). The two news-casting stations differ in terms of the time the news is aired. The time the newscaster takes, depends on the strict regulations of the company and the authorities concerned. MSNBC utilized a lot of time in explaining the situation of Malaysia missing jet and time it takes to cast videos to accentuate and authenticate the information provided by the news anchor. The broadcast utilizes prolonged videos and explanations on various issues anchored. In addition, the broadcast provides additional information based on issues anchored outside the report recorded in the field to increase viewer understanding of the issues. In this perspective, the broadcast explains causal factor of Ukraine crisis and underlying factors that lead to imprisonment of the TV pitchman (Murray, 2014). On the other hand, CBS News also took time since the news anchor took time in explaining the situations that lead to the

South West Tourism Industry Case Study Example | Topics and Well Written Essays - 1000 words

South West Tourism Industry - Case Study Example The post industrial era presents compelling evidence that the global climate is in a state of flux and will continue to fluctuate sometimes unpredictably and abnormally over the coming decades of the 21st century (United Nations World Tourism Organization 2003). Statistics show that the global mean temperature increased over 0.76C between 1850-1899 and 2001-2005(IPCC 2007) and this has been attributed to the constantly increasing greenhouse emissions which are said to cause adverse amounts of poisonous concentrations in the atmosphere. (Clarkson, R. 2002:Pearce, D. W. 2006:Pielke, R. A., Jr. 2005) The adverse impact of climatic change is not just restricted to our lifestyles and social well being but it also stands as a threat to economies relying solely upon tourism as an industry (Yohe et al 2007). Indeed the United Kingdoms Government Policy is increasingly taking into account the fact that in the decades ahead climatic change will become a focal issue for tourism development and management (Gossling, S. & Hall, and C.M. 2006). This is true to a large extent for the South West regions of Britain where the tourism industry has recently come to be considered as a highly climate sensitive economic sector similar to the food and transport industry. (Wilbanks et al 2007). The South West is a particular example of the how regional manifestations of climate change are becoming highly relevant for tourism destinations and tourists alike whereas allegedly the needful response has been said to be missing from the tourism managers of the region (Amelung et al 2008). This is largely a misconception as the most of the action in South West has been through the NGO's and the private sector which may have received little popularity due to the lack of funding and media coverage but it has laid a firm basis for political action. (Amelung et al 2008;Fankhauser, S. 2005:Hope, C. W. 2006) Popular South West tourist destinations have included the likes of Cornwall, Devon, Somerset, Dorset, and Gloucestershire (Cotswolds and the Forest of Dean), which have become attractions of major international and national importance. CEC (2005). The importance of this region as a popular tourist destination is continuously increasing with its recognisable, major holiday seaside resorts including Bournemouth/Poole, New quay, Torbay, and Sidmouth ( Peeters, P. 2007).Currently the region relies on smaller scale tourism attractions and is looking forward to hosting the 2012 Olympics and Paralympics (particularly in the Weymouth Area which will be hosting the "regattas".) (Peeters, P. 2007). The key challenges however faced by the South West tourism are not just overseas competition and sustainable development of the industry but the potential impacts of climate change, and how best to respond to the opportunities and challenges presented. (Peeters, P. 2007). On the face of it Global Warming is all set to provide the region with longer, reliable summers and keeping the local tourism business from being lost to sunnier destinations like the Mediterranean (Peeters, P. 2007). In the long run however the tourism industry and its

Organizational Structure of Spectrum Brand, Inc Research Paper

Organizational Structure of Spectrum Brand, Inc - Research Paper Example Project Management structure fosters the use of teams created from various departments, to achieve goals or create products. This type of structure can be beneficial to Spectrum, as it combines aspects of both a functional organization and project team structure. It effectively coordinates resources for various projects and allows personnel to retain membership on both the team and their functional departments.  However, the matrix structure has some inherent communications challenges. One such challenge is a line of authority and resource allocation ambiguity as personnel report to both their functional manager and the team/project manager. Confusion as to which manager’s authority takes priority regarding tasking can be addressed through the use of pre-established lines of authority, project plans, resource allocation plans, and timelines, as coordinated between the functional and team management. The ambiguity surrounding resource allocation can lead to personal disputes on the number of resources allocated to respective projects. Clearly defining the level of capital, resources, and lines of authority at the beginning of each project offers a viable solution for this dilemma. A second communication challenge is a need for common terminology. New terminology or  hinder productivity of the newly formed team. Management can address this by scheduling on-the-job or external training, as part of the project timeline. A third challenge is the lack of peer interaction from functional teams, due to logistics, if geographically dispersed. To combat this, management should ensure that periodic virtual or in-person team meetings are conducted, allowing personnel to stay abreast of developments in their functional area of expertise and promotional opportunities.

An effective corporate board underpins corporate governance Coursework

An effective corporate board underpins corporate governance. Critically discuss why this is so and what makes a board effectiv - Coursework Example Corporate sectors are therefore required to operate according to the rules and policies of the corporate governance for better growth as well as performance of transparent and responsible business functions. It also facilitates companies to conduct its business operations in accordance with the rules and the regulations prescribed under the companies act. Corporate governance offers specific guidelines on the basis of which policymakers and regulators ascertain that the policies and rules formulated are in compliance with legal provisions. Furthermore, it ensures that companies perform their business operations in an ethical manner (Fernando, 2009). Corporate governance ensures that a company is guiding its business activities in the right direction. In this regard, the BOD of companies are determined to be accountable for formulating appropriate strategies and policies in order to make sure that the company is operating ethically. It also seeks that the structure of the board is app ropriate, executives are properly compensated and shareholders are reported correctly. The principles as well as codes which are undertaken in the policy of corporate governance of companies accumulatively signify that companies are responsible for satisfying the requirements of its shareholders and stakeholders by a large extent (Tricker, 2012). Emphasising on these aspects, the study will intend to critically discuss about the importance of corporate governance in companies. The functions or operations of BOD of companies will also be discussed in order to ascertain that companies are conducting its business operations in an ethical manner. The important policies as well as codes will be further emphasized in this paper, which is the most significant aspect for corporate governance of companies. Due significance will also be rendered towards diversity as a crucial facet in the contemporary corporate governance frameworks. Significance of Corporate Board towards Corporate Governanc e Corporate governance of companies can be identified as largely dependent on the norms and functions of the BOD. The BOD of companies is recognised to be an important element as the participants or rather the board members are responsible for the formulation of policies as well as strategies for improved performance of companies and are also entitled develop or restructure the Articles Of Association (AOA) and Memorandum Of Association (MOA) for the company. These strategies, norms and policies are implemented with the intention of ascertaining that companies perform their business operations in adherence with legal policies, companies act and rules as well as regulations of the government. Business organisations are thus required to conduct its activities in accordance with the policies formulated by the BOD in order to ascertain that the planned business activities are performed ethically (Copnell, 2010; Ayuso & Argandona, 2007). Interest of Shareholders The key role of BOD is to act as a representative of the shareholders.

Comparison of Aims, Objectives and Purpose of Marks & Spencers And Essay

Comparison of Aims, Objectives and Purpose of Marks & Spencers And Lidl Ltd - Essay Example This paper illustrates that business news and subjects have always formed a considerable hype among people and the race among the business firms are of particular interest to readers. However, this article is not about competition but reflects the internal aspects of business management and compares two top-ranking firms and their business practices. One of the companies is a front line retailer and supermarket chain operating globally, Marks & Spencer’s while the other one is the discount supermarket chain, Lidl. In reference to the selection of the companies, it is important to justify that these companies have been selected in order to understand the differences in their management and operational practices in relation to their particular industry traits. The company started its operations in the year 1940 and expanded their operations in 20 countries in Europe during the period of 1973. The privately held company with headquarter in Germany, over time, evolved as the fifth largest retailer in the globe in terms of sales, as per the statistics of 2011. The sales of the company rose to higher levels with the increase in their service processes and also helped them gain a reputation in the national retail and supermarket industry. The business operation of Lidl highly reflects the mission incorporated by the company. Lidl is well-aware about their existing size and customer base and aims to integrate customers across customers with different values and traditions. Lidl infuses systematic approach to achieving their primary goal i.e. customer satisfaction. The company understands the importance of the value of money for the customers and accordingly formulates the corporate strategies. The excellence of such strategies is reflected from the pricing decision and promotional strategies used by Lidl.

Case studty (marketing) Essay Example | Topics and Well Written Essays - 1750 words

Case studty (marketing) - Essay Example k due cognizance of changing customers’ requirements and used various market metrics to track customers were found to be the major facilitators for improved performance outcome of OQTA in 2004. The fast changing socio-economic paradigms and advancing technology has tremendously changed the dynamics of market strategies. ‘Organizations must change because their environments change’ (Bateman, 1990). In the contemporary times, the customer has become much more informed and technology has provided him with more options within the similar product lines, but produced by different companies. The case study of Outback Queensland Tourism Authority or OQTA is a case in point where application of marketing theory significantly improved the performance outcome of IQTA. Outback Queensland Tourism Authority or OQTA is a non profit premier organization of Queensland, Australia that is primarily responsible for the marketing, promotion and development of the tourism industry of Queensland’s Outback. OQTA promotes the interest of 21 government agencies and has around 230 members comprising of various stakeholders like tour operators, accommodation and transport providers etc It was observed that despite an intensive and focused mass communication campaign through brand building advertisements in television and radio, outback tourism saw 5% less visitors during 1999 to 2003. The present situation would be analyzed for the decreasing business and efforts would be made to identify the areas that lacked focus and new strategy that need to be pursued to turn it around and increase tourism activity in the outback. Outback covers substantial 48% of Queensland. While the lack of funds might have contributed to low business to some extent but the major factors that were responsible for low turnout of visitors were primarily because OQTA market strategy lacked of market orientation and brand building rather than the customers was the main focus of the marketing activities. The

MHE509 Module 5 - SLP Essay Example | Topics and Well Written Essays - 1250 words

MHE509 Module 5 - SLP - Essay Example The main better features of the Barnard College’s plan/policy for the emergency and disaster management those can be used to effectively deal with the weakness of the overall policy and disaster management plan. This plan has set up priorities regarding the disaster management, where the policy makers have given priority to the saving of the lives and collage property in case of emergencies. Then they have placed the point regarding the functioning of College main task during emergency condition. Here they have minimized the weaknesses through the on time better management of the resources and manpower in the occurrence of an emergency state. They also mentioned that the help and coordination with the outside agencies in case of emergency will be preferred, in this way the Barnard College be able to manage and handle of its main weaknesses regarding there policy and emergency state management recourses. Now I will mention few main objectives settled by the Barnard College for the effective management of any disaster state. This feature of their policy is more powerful tool they can use for the better disaster management in spite of lot of policy and resource weaknesses. This policy has established that the on time and non-interrupted emergency communication is very necessary for handling the critical situation. The policy states that need to assess the injuries, damage and site of main troubles is also a main facture for the successful critical situation handling. The evacuate plan implementation is also a better step for the better disaster management and handling. In this way the Barnard College is able to save the numerous lives and the property from some critical situation. Another main feature of this policy is regarding the isolation of the unsafe areas in anticipation of evaluation that can grantee that the location is now safe for reentry. In this policy they have mentioned that the first aid and medical triage

Perspectives on Operations Management Essay Example | Topics and Well Written Essays - 1250 words

Perspectives on Operations Management - Essay Example An efficient operations strategy can help the business entities to win the race and stand at top of the crowd in competitive environment. Operations Strategies for new Wal-Mart store X Company is the chain of independent retail outlets in Hartwell in Essex and opening a new Wal-Mart store at edge of the town. The advice is needed about the potential operation strategy in response to the recent opening of Wal-Mart store. I have prepared a plan for the future business operation strategy for the new Wal-Mart store. There are some extracts of my research are mentioned below Operational Strategy According to many successful financial advisors, Operations strategy for any business has a direct impact on the profitability levels and corporate strategy. Structural design is the main element of the operations strategy. As the Company X is running its business as a retail outlet and want to set the new business operation strategy for new Wal-Mart store. There are some key points for the struct ural design of new operations strategy. Meet the target demand: As the company is opening its new Wal-Mart store at the edge of Essex. So the target customers are the people of Essex. In addition, the company can take advantage form the new customers because of the location of new Wal-Mart store. It is clear that, the company is going to meet with the high level of customer demand. In this case, the company need to ensure first that it have the capability to meet with the high level of demands. For this purpose, company should access the target demand level and take certain steps to meet with the target demand. Cost of the products: If the company want to win the competitive race, then it should set the prices of their products that are unbeatable. Management should set the prices that provide the good value for their products. Services: The management of the new Wal-Mart store should ensure to provide the high quality services to potential customer. The management should provide th e services according to the customers’ necessity. Use of Technology: In current modern trends, technology is referred as a primary toll for an efficient operations strategy. In the case of retail business technology can be used in effective manner to manage the day to day operations of the business. For example, use of security cameras to keep an eye on any unusual activity or use of bar code reader to track all the sales in efficient manner. Layout and design of new Wal-Mart store: The secret of efficient operations strategy for any retail business lies in the layout and design of retail outlet. That’s why the management of the new Wal-Mart store should set a catchy layout and design for its new store that will save the time of potential customers. The layout should be in such way that enables the customer to access all the necessary things easily. The management should set the service layout that can create an open shopping environment that helps the customers to fin d the things what they are looking for quickly. Selection of Employees: Selection of staff for new Wal-Mart store is one of the primary factors that can help to develop good operations strategy. Skilled and trained staff can help to manage the routine operations in more appropriate

In a Dark Time by Theodore Roethke Essay Example for Free

In a Dark Time by Theodore Roethke Essay In the first stanza of the poem â€Å"In a Dark Time†, the reader gets the sense that not only is the author describing himself using â€Å"dark† visuals including â€Å"shadow† and â€Å"shade†, but that he is using natural scenery as well in order to set the audience up for the rest of the poem. The same line that contains those visuals also would seem to impart a certain time of day, dusk. This could also be thought of as a way for the reader to get a sense of where the author is at, reflecting on his own mind. This idea is furthered by the statements of â€Å"meeting his (own) shadow†, and when he hears his own shadow. The second stanza really goes into a faster pace, as the author begins to describe to the reader his inner feelings. By questioning his own definition of madness, and going into despair, he shows the reader that part of his mind is very confused, yet he knows that he is in the middle of whatever is going on. Again he questions, is his place in the â€Å"rocks† a cave or path, and he states that â€Å"The edge is what I have. † which seems like a way for him to again be in the middle of his situation. The third stanza continues with the natural descriptions of being outside in a natural setting during the night, or perhaps during an eclipse. Again, this could be just another way for the author to let his audience know what frame of mind his is in. Referring to the title of the poem, â€Å"In a Dark Time†, it would make sense that this writing is coming from the author during a time in his life in which he was questioning himself. This line of thinking continues to be the main point as he goes on to say, â€Å"A man goes far to find out what he is -, Death of the self in a long, tearless night,†. Whatever has happened to the author, he is unsure of himself and the changes that are occurring in his life at that moment. In the fourth stanza, he still proclaims how confused he his with himself, by the statement â€Å"Which I is I? † The reader is left to contemplate where the authors sense of self lies. The last three lines seem to show that the author has decided to have his mind come together and be one with itself, which leaves the author to be â€Å"free in the tearing wind. †

Promote Equality, Diversity and Inclusion in Work with Children and Young People Essay Example for Free

Promote Equality, Diversity and Inclusion in Work with Children and Young People Essay It provides legal rights for disabled people in the areas of: †¢ employment †¢ education †¢ access to goods, services and facilities including larger private clubs and land based transport services †¢ buying and renting land or property functions of public bodies, for example the issuing of licenses The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person. This can apply to a carer or parent of a disabled person. In addition, people must not be directly discriminated against or harassed because they are wrongly perceived to be disabled. Disability Discrimination Act 1995 Protects the rights of all those with disabilities. It also places a duty on schools (and other organisations) to eliminate barriers to ensure that individuals can gain equal access to services, Disability Discrimination Act 2005 Places a duty for schools to produce a Disability Equality Scheme (DES) and an Access Plan. Schools must encourage participation in all aspects of schools life and eliminate harassment and unlawful discrimination. Special Education Needs and Disability Act 2001 The Special Educational Needs and Disability Act 2001 (SENDA) establishes legal rights for disabled students in pre and post-16 education. The Act introduces the right for disabled students not to be discriminated against in education, training and any services provided wholly or mainly for students, and for those enrolled on courses provided by ‘responsible bodies’, including further and higher education institutions and sixth form colleges. Student services covered by the Act can include a wide range of educational and non-educational services, such as field trips, examinations and assessments and short courses.

Project Procurement And Pre Tender Method Statement Construction Essay

Project Procurement And Pre Tender Method Statement Construction Essay Contract procurement has an impact on project performance in terms of costs, time and quality. During one of the briefing meetings at the pre-tender stage of a construction project, your Director has interest in collaborative procurement method and need your advice. In addition, your Director has multiple sites going on at the same time and therefore many site offices. Critically explain why collaborative procurement would be beneficial between the site offices to your Director. Masterman, (2002) defined a procurement system as, the organizational structure adopted by the client for the implementation, and at times eventual operation, of a project. While Love (1998) adopted the definition such that, It is an organizational system that assigns specific responsibilities and authorities to people and organizations, and defines the relationships of the various elements in the construction of a project. There has been an increasing recognition that the conventional (traditional) approach to contract procurement is inadequate (Rowlinson, S. 1999). However, it has been noted that there are still relatively few procurement systems for clients to choose from. Each procurement system that is available delivers project success to a variable degree (Bowen, 1997). In todays context, it can be seen that clients satisfaction is seen to be largely dependent on the selection of the most appropriate procurement methodology, and failure to select an appropriate procurement approach is recognized as a primary cause of a project failure (Masterman, 1996). However, which procurement route to undertake for a particular project be it building or infrastructure works depends on the objective and requirements in terms of its functionality, cost, time and quality set by the client. While the selection of an appropriate procurement system in an essential part of the building process, it is unlikely that an ideal procurement system that satisfies is all criteria will be available to ensure success (Winter, 2005). There are many factors that influence the project performance and contract procurement certainly has an impact on costs, time and quality. However the procurement system will influence whether the project will be a separated procurement system (traditional), integrated procurement system (design build and its variant), management oriented system (management contracting, construction management), or collaborative arrangement (partnering, Early contractor Involvement, ECI, e-tender). Figure 1 below shows the various forms of procurement systems. CLIENT Experience/inexperience PROJECT MANAGEMENT TEAM OPTIONS In-house/external/in-house external PROCUREMENT TYPES Separated/ (2) integrated/ (3) management oriented/ (4) collaborative Separated Single-stage/sequential Two-stage/accelerated (2) Integrated Direct design Build Competitive design build Develop construct Turnkey BOT (3) Management Oreinted Management contracting Construction management Deep Marine (4) Collaborative E-procurement Parterning ECI The various procurement options available reflect the fundamental differences in the allocation of risk and responsibility to match the characteristics of different projects and client needs (Winter, 2005). When client select the type of procurement system to be use, strategic consideration must be considered especially at the stage on deciding whether to appoint a designer (architect/engineer), integrator (contractor), manager (project manager) or a group of all 3 working collaboratively. Under this approach the client can use any of the systems from any of the other categories either singly or in combination, or even a bespoke system of his/her own making but with the choosen systems(s) being implemented within a specific setting controlled by the client. Collaborative arrangement (Partnering) as required by the director has some benefits especially for multiple sites and with many site offices running at the same time. The benefits of time, cost and quality is explained below. Benefits of time: several studies have indicated that by using the partnering approach the largest benefit is from the design and management processes were the flow of information between all parties helps to reduce the design times as designers and contractor understand and are more efficient in working together. It allows for faster project times as the selection process is eliminated which can be costly and time consuming. The project can have an early start on site, shorter construction times and lower risk of time overruns. However, using strategic partnering is more beneficial as it can achieve a 50% time saving it firms use the correct management procedures. Benefit to Costs. As partnering assures certainly in the projects in terms of design and construction results in fewer cost overruns, reduce claims and litigations and the project cost also reduced. This is one of the important part of the project where saving some of the cost can add value to other important works that may be required at the end of the project. Benefits to quality: Partnering can certainly improve the quality standards in building and there are indications that as a result, there are reduced number of defects, hence less rework is required. This is again another important aspect of the project where quality standard not only maintain but improved. Effective partnering relationships will also benefits from the RD and innovative thinking which assist to improve productivity and quality. TASK 2: As part of the pre-tender process for a contract bid document, for multi-storey building projects for various sites, you are required to write a pre-tender method statement. Prepare a pre-tender method statement that you will submit with your bid document. Pre-tender method statement is one of the important parts in the pre-tender process. Method statement is a document detailing how a particular task or activity will be carried out. Its detail the particular risk or danger associated with the particular parts of the project. However an assessment of construction methods to be considered during the tendering is required. The objectives of preparing a method statement are as follows: To enable managerial experience to be called upon during estimating, a demand is created for information relative to performance. Managers find it is necessary to record resources, quantities and time in order to contribute. To enable data concerning new construction techniques and methods of handling materials to be included in an estimate. The method statement may be developed from work study data and planning cycles prepared for an alternative plant and labour situation. To permit the plant requirements for a project to be summarized for inclusion in the contract preliminaries or plant schedule. To ensure the output and duration of different methods and machines is realistically matched. To give guidance to the estimator on specific on specific bill of items relating to plant and labour requirement in order that realistic rates may be built up. In this case study, a pre-tender method statement is to be prepared as part of the pre-tender process for a contract bid document for multi-storey building projects for various sites. Various formats for method statement can be used; like a pre-printed standard format that has been designed for repetitive works for familiar design such as in this case-study. Information that is required on method statement includes the operation or work stage. Each operation requiring analysis of plant or method should be listed in the method statement, for example excavation work, formwork, concrete handling and placing, choice of plant for lifting precast floors or erecting steelwork. Quality of work is also required where this is directly affect methods of construction, number of man-powers and machineries. Realistic methods of construction together with constructive alternative and sequencing of operations should be outlined clearly. The summary of plant will assist in the preparation of the preliminaries plant element where an example is tabulated in the table below. S/No Operation Quantity method Sequence of operations Plant and labor output duration 1 Excavate over-site to reduce levels and remove to tip 70 x 100 x (ave.) 450mm = 3150 m2 Excavate using hydraulic power shovels. Load excavated material direct into 8 cubic metre capacity lorries cart away to top Alternative Excavate using hydraulic backactor, track mounted 360 deg slewing machine laoading direct into lorries hymac 580 or similar Site strip to commence after taking initial grid of levels DITTO 1 banksman Cat. 951 crawler tractor 4 lorries 1 banksman 40 m3/hr 35 m3/hr 3150/40 = 79 man-hr 90 man-hr 2 Excavate pad and strip foundations 300 mm of strip foundation bases say 200m3 Excavate shallow foundations using Rymac 580 as before and load direct into lorries On stripping factory areas the excavation work to the factory area commence 1 banksman 1 Hymac 2 lorries 3 Concrete strip and pad foundations 100m3 ready mixed concrete Ready mixed concrete to be discharged direct into foundations. Site access via hardcored formation On fixing of bolt boxes to 6 pad foundations, concrete work may commence 3 labourers 1 day/ 4 to 6 bases 4 Erect steelwork and roof cladding N/S/C Contractor to prepare central area of floor slap with oversite hardcore for crane during erecation Bases to be checked by steel-work contractor, prior to erection and leveling of bases to receive steelwork bases on one bay of portal to be complete prior to erection of steelwork. N/S/C 10 days The content and description of the pre-tender method statement for the proposed construction of multi-storey building is outlined below. Introduction This method statement is prepared for the construction of propose multi-storey building project located at the site location indicated in site map. Before any work is commenced, the contractor shall confirm in writing to the engineers that the relevant site and survey works is true and accurate record of the condition of all properties, lands and crops inspected. The contractor shall clear the whole area with the boundary lines as shown in the drawing and shall exercise care and attention to ensure all the clearing activities and operation is confined with the boundaries and no damage is caused to any property or vegetation outside the boundary. Site establishment Where appropriate, the engineer shall arrange surveys to be carried out, in conjunction with the contractor and owner of the land, of all the condition of all properties, lands and crops which may be affected by the works. The sites includes the work areas and borrows areas, if any, indicated on the drawings and includes such other areas of roads, footpaths and lands which, in the opinion of the engineer, are necessary for the execution of the works. The contractors shall confine his constructional operations within the site, or such other areas of land as may be negotiated, and shall instruct his employees not to tre-pass. Site accommodation The contractor is to provide offices for the exclusive use of the Resident engineer. The location shall be determined by the contractor within the contract area and agreed by the supervising officer. Provide and maintain water, lighting and power supply and pay all the charges in connection therewith. The contractor also shall provide and maintain all necessary sheds and stores and remove the same from the site on completion of the works. Site access The contractor shall comply in all respects with all local road traffic regulations concerning the road site access, the warning light and guarding of the road works. The contractor shall construct and maintain diversion ways wherever the works will interfere with the existing roads, footways or other ways over which there is a public or private right of way. Before any work in or affecting the use of site access and main road is commenced, the contractors proposal method of working shall be agreed with, and confirmed in writing to, the engineer and the highway and police authorities. Materials and distribution Unless specified to the contrary, all material shall be in accordance with the relevant British Standard (BS) and Code of Practices (CP). Should alternative requirement be provided by a BS and no one alternative be specified elsewhere in the contract, then before proceeding to execute the works or to order materials, the contractor shall give notice requesting further specification of such matter. The contractor shall submit list of suppliers from whom he propose to purchase the material for the execution of the work. If required by the engineer, the contractor shall submit to the engineer test certificates and samples furnished by the supplier or manufacturer of any material or article indicating compliance with the requirement of the contract. Materials shall store in the manner as to preserve their quality and condition to the standards required by the contract. Sub-structure works The contractor shall carried out all sub-structure works including earth work in such manner as to prevent erosion or slips, and limit working faces to safe slopes and height, and shall ensure that all surfaces have at all times sufficient gradient to enable them to shed water without causing erosion and to prevent ponding. The contractor shall provide and maintain all necessary temporary access roads and temporary drainage and shall divert and reinstate permanent drainage system. The purposed alignments and levels of temporary access roads shall be submitted to the engineer for approval prior to their construction. Super structure All super structure works such as ground beams, flooring and roof trusses shall be constructed in accordance to the design given by the engineer. The contractor shall supply and install all open mesh and steel plate flooring and structural members necessary for the support of flooring, walkways, staircases, hand railing, ladders etc. shown in the drawing unless otherwise stated. External envelope Before interfering with access to any property, the contractor shall provide satisfactory alternative arrangements. The contractor shall take necessary precautions to avoid causing any damage to roads, lands properties, trees and other features and during the currency of the contract, shall deal promptly with any complaints by owners or occupiers. Mechanical and electrical services The tenderer shall allow in his tender for providing a suitably qualified engineer with at least ten years working experience on similar installation to coordinate the civil, mechanical and electrical details and to advise the engineer of any changes. The specification covers, but is not necessary restricted to, the provision of an electrical supply, instrumentation, lighting and power for the complete works. This include construction, performances, installation and testing of electrical equipment such as electrical ducting, opening pockets, cable wiring, transformer cables, and termination etc. for both works on the site of the proposed new power supply to the building. Overall working program The contractor shall provide the overall working program of the construction activities and to keep updating and reviewing for time to time the progress of the works, including the financial status, the material, manpower and other related works. Where required by the contract, the contractor shall provide record progress photographs taken as and what directed by the engineer. Health, safety and welfare of work people The contractor shall be responsible for the safety of all persons engaged in the execution of the work and shall take such safety precautions as are generally accepted as good civil engineering practice, including the provision of first aid equipment and personal trained in its use. The contractor shall appoint a safety officer who is responsible for safety inspection at the construction site.

The Shift from Realism to Impressionism Essay -- Realism, Impressionis

Both Realism and Impressionism began in France with both art periods lending to the world unique techniques, aesthetic approaches and subjects in painting. While Impressionism stemmed from Realism, it can be argued Impressionism ultimately lead to continued individual expression in art through out the historical art periods to follow. The art period of Realism from 1845 to 1900, has roots which trail back to mid 1800s France and developed as a reaction to the often exaggerated emotionalism of the former art period of Romanticism. Realist artists instead strove to depict the seriousness of every day life. To show subjects or scenes just as they were without involvement of religion, mythology or history. McDowall (1918) pointed â€Å"At the bottom of realism, in all its variations, seems to be the sense of actual existence; an acute awareness of it, and a vision of things under that form. It is a thoroughly natural feeling, it is, in fact, the primitive attitude of man† (p. 3). In painting, film and literature artists aimed to present things as they appear. A major social condition that contributed to the emergence of Realism was the Industrial Revolution. With its mass machinery production of products, the Industrial Revolution not only created an explosion of railroads and cities but also an explosion of wealthy middle class and poor working class. The discovery of photography in 1839 by Daguerre and others also resulted in a growing trend to copy everyday life, which in turn sprouted the appeal of realism in art. Buser (2006) noted that during the Industrial Revolution the rules of life were the fundamental ideas of technology, science and practical business sense. Buser (2006) further theorized â€Å"Since progress in these... ...rowther (2005) reflects â€Å"One can draw a direct line from the Impressionist, through the Post-Impressionists and Neo-Impressionists, to the Fauves, the Cubists, the Symbolists and ultimately to Abstract Expressionists†. Artists through the ages continued to experiment with new technique allowing modern art to evolve and take shape.  References Bingham, J. (2009). Impressionism. Chicago, Illinois: Heinemann Library. Buser, T. (2006). Experiencing art around us. USA: Thompson Wadsworth. Crowther, J. (2005). Impressionism: more than meets the eye. Retrieved from http://www.artist-perspectives.com/articles/impressionism.htm Janaro, R.P., & Altshuler, T.C. (2009). The art of being human: the humanities as a technique for living. Pearson Education, Inc. McDowall, A.S. (1918). Realism: a study in art and thought. London: Constable and Company LTD.

Fredrick Douglass Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  It is in the Narrative of the Life of Frederick Douglass, that Douglass informs the reader not only of â€Å"how a man is [mentally] made a slave; you [also] see how a slave [is mentally] made a man† (75). Douglass informs the readers that slaves were often separated from their family members, by their slave owners because owners felt; slaves who had relationships would be a greater threat together than they would be if they were separated. In this novel, Douglass addresses the significance of the relationships that existed between slaves and their loved ones; he also shows how the absence of these relationships affected the slave’s state of mind and helped contribute to the formation of a slave’s identity.   Ã‚  Ã‚  Ã‚  Ã‚  Slave owners enforced the separation of slaves from their friends and families at birth. Slave owners feared that if they allowed relationships to develop between slaves they would run the risk of slaves uniting and planning a revolution. Therefore, â€Å"frequently, before the child has reached its twelfth month, its mother is taken from it...† (20). The repercussions of a slave defending their child if something dangerous occurred would put both the slave and the slave owner’s life in danger. A slave would be whipped severely and possibly sold for putting his or her hands on a white man; and a slave can become overwhelmed with anger and strike a slave owner until he is dead. Douglass says,† [he] never enjoyed to any co...

SWOT Analysis :: Business Analysis Process

SWOT Analysis What is SWOT Analysis? SWOT analysis is a basic, straightforward model that provides direction and serves as a basis for the development of marketing plans. It accomplishes this by assessing an organizations strengths (what an organization can do) and weaknesses (what an organization cannot do) in addition to opportunities (potential favorable conditions for an organization) and threats (potential unfavorable conditions for an organization). SWOT analysis is an important step in planning and its value is often underestimated despite the simplicity in creation. The role of SWOT analysis is to take the information from the environmental analysis and separate it into internal issues (strengths and weaknesses) and external issues (opportunities and threats). Once this is completed, SWOT analysis determines if the information indicates something that will assist the firm in accomplishing its objectives (a strength or opportunity), or if it indicates an obstacle that must be overcome or minimized to achieve desi red results (weakness or threat) (Marketing Strategy, 1998). Elements of SWOT Analysis Strengths and Weaknesses Relative to market needs and competitors' characteristics, a manager must begin to think in terms of what the firm can do well and where it may have deficiencies. Strengths and weaknesses exist internally within a firm, or in key relationships between the firm and its customers. SWOT analysis must be customer focused to gain maximum benefit, a strength is really meaningful only when it is useful in satisfying the needs of a customer. At this point, the strength becomes a capability (Marketing Strategy, 1998). When writing down strengths, it is imperative that they be considered from both the view of the firm as well as from the customers that are dealt with. These strengths should be realistic and not modest. A well-developed listing of strengths should be able to answer a couple of questions. What are the firm's advantages? What does the firm do well (PMI, 1999)? A customer-focused SWOT may also uncover a firm's potential weaknesses. Although some weaknesses may be harmless, those that relate to specific customer needs should be minimized if at all possible. In addition, a focus on a firm's strengths in advertising is promotion is important to increase awareness in areas that a firm excels in. This method not only evokes a positive response within the minds of the consumer, but pushes the weaknesses further from the decision making process (Marketing Strategy, 1998). Weaknesses should also be considered from an internal and external viewpoint. It is important that listing of a firm's weaknesses is truthful so that they may be overcome as quickly as possible.

Barrier is something Essay

Unit 18 What is barrier? A barrier is something that gets into the way or stops another thing from happening. As we all know, communication is an extreme complex progress. And if one person finds it hard to understand subject or to write or even speak effectively about it, that person cannot be sure that his/her meaning has been received exactly. This loss of meaning which may block communication is often called Barrier. There are 3 main ways in which communication can be blocked: 1. If a person cannot see, hear, or receive the message 2. If a person cannot make sense of the message 3. If a person misunderstands the messages 1. Person cannot see, hear, or receive the message. Visual disability Hearing disability Environmental problems –(noise) Speaking from too far 2. Person cannot make sense of the message. Different language are being used, including sign language People using different terms, such as slang internet or text jargon One of the speakers has physical or intellect disability, such as memory loss or learning Dysfunction. 3. Person misunderstands the message. Cultural difference: different cultures interpret non-verbal and verbal and humour, in different ways Assumptions about people: assumptions about race, gender, disabilities etc. can lead to stereotyping and misunderstanding Emotional Difference, very angry or very happy people may misinterpret what is said think about sarcasm Social contest: conversation and non-verbal messages understood by close friend may not be understand by strangers. Physical barriers A physical barrier to communication Is something in the surrounding that stops the person from communicating with other. For example if the place where the conversation is held may be noisy. Impairmentsvc Some people will haveimpairments that can stop them from communication for example if they are unable to see,hear,or talk. Emotional factors Emotional factor can affect the way we communicate with others for example, lack of support /lack of trust, afraid,feeling happy,feeling sad,low self-estee/ or over/under confident. Different language Some people may not speak the same language as you and therefore you may have difficulty understanding each other Jargon Jargon is when people use technical words. The use of jargon can be confusing for other to understand.

Music Appreciation Unit review Essay

Review Questions1) familiar practice of medicine is any medicament since industrialization in the mid-1800s that meet middle clear up expectations. Popular contains only different types of medicinal drug and Pop music is right precisely a type of music include in come out of the closetular music. Its sorting of like saying all Maple trees argon trees but not all trees atomic number 18 Maple trees2) Themes such as love and relationships be handlingd to create much of the pop music terminologys. A verse that uses this typography would be Tina Turners call option Whats love got to do with it, in which Turner describes love as be nothing more than a tone break. It was a popular theme because umteen people could relate it to their lives and their situation.3) Disco had uprise vocals and a beat that made you fate to bounce- Rhythm often emphasized. It didnt ply a tempo to fast nor unbend (between 100-130 bpm) and was made in the 1970s.4) The British usurpation is when British boy strias and their music started to ferment very popular in the joined States of America. The Beatles were a large impact in this movement. They mixed numerous different kinds of music to turn backher which then caused others to do as well. The Beatles also sang about companionable issues while shut away incorporating catchy lyrics and rhythm.5) A boy band usually dwell of 3-6 younger male singers and they r bely use instruments. They also per forge highly choreographed dance routines. And they all have their classifications________________________________________Critical thought Questions1) Yes I believe music is still used as a form of disagree. There are still more or less melodic lines where the sole purpose of lyrical is to protest some social issue. For example the band Nickelback sings many songs about coming together to help everyone. Like in their song When We Stand Together, a lyric that pops out is when we could feed a starved world with what wethrow away. But all we serve are empty linguistic communication that always taste the same.While many of us know that there less(prenominal) fortunate people out in the world fighting to feed themselves, some take for granted that they have dinner party every night. And Nickelback tried to write this song that confronted the issue that we all have to port out for one another. And there are plenty of other bands/singers that confront social and political issues.2) Yes I believe music has become really commercialized today. galore(postnominal) artists are just singing for the money. Or there are some that just want to do it in prepare to be popular and gain their volt seconds of fame. You can see this in their attitudes- compassionate more about the outfit theyre wearing or the car they get to show off instead of set time aside to actually interact with their fans.

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.

Education in Evolution: from Freire’s Bank Clerk to Problem Poser

Our portrait as give lessons claws is an phylogenesis of work by intend ofs of sustained hearts argufys and disasters. In our childhood, we determine our pargonnts the starting sentence hold back a lineers. In the movement of maturation and maturing, we uniting the rai palaveral military per discussionnel loss to instruct at the similar term that we atomic number 18 introduced to the en lastingness les modss of spirit- epoch. As scholars, we render go finished with(predicate) Freires ii readingal adroitness coin bank- shop assistant and business- pose.It is legitimate that the pedagog would sink what constitution to employ, however, at the end, around of us, including the pupils portrayed in ancient and ground de-escalateing literature, would admit to be unfavor able pretenders and show up Freires emerge cognizance, enterprise the door tincture to creativity, dowryicular and a basal instruction treat. Usu wholly(a)y, the theme of our didactics starts at radix our p bents ar the eldest cardinals who check us how to make with manners and ethnic customs. The upbringing that we authoritative at cornerstone fag end be antithetical for every(prenominal)body and the ground is opposite cultures, langu dayss, and religion.The mood our p bents and families apprise us end be delimit as bond of bank clerk and puzzle put manners, the p atomic number 18nts atomic number 18 the instructors and we be the savants, well-nightimes the pargonnts end the banking plan, they dress d feature and give commands and the students honourable attend and hire the commands. As Freire decl ars commandment olibanum poses an arrange of depositing, in which the students argon the depositories and the instructor is the depositor. or else of communicating, the acquireer issues communiques and makes deposits which students patiently receive, memorize, and repeat.This is the banking concep t of program line, in which the kitchen range of movement anyowed to the students thrives further as get in scarcelying(prenominal) as receiving, filing, and storing the deposits (Freire 72). Freire tells us that victimization banking education, the p arnts cross narrators and the children except selecters to be fill up with the p atomic number 18nts k in a flashadaysledge. pedagogics of the suppress emphasizes that communion betwixt parents and children, doesnt endure in a banking education. Banking education epochncy suppression and by suppression, children are trammel to extend their knowledge physical service by earthly touch on modify by the parents ideas. yet do the parents pass that utilize a bank-clerk system minimizes or annuls their childrens yeasty populace cater? any(prenominal) parents do non pass it, they deal going oppressors and their children the ladened. They pick up their children naif and ignorant. The parents thin k that their children consent up to ingest what they nurture them with forbidden request or take exception allthing, this dash they would be incorporated into the bon ton evaluate the motionless utilize impose on them. Strepsiades seat be a acceptable sample of a collect utilize banking education. Strepsiades line of descents his son to plug in the Thinkery to collect the cardinal logical schemes to fork up him from his debts.In the beginning, Pheidippides does non take to touch base the Thinkery beca role model he believes that concourse from the Thinkery are malad whole whened and what is taught is a fraud. Finally, Strepsiades persuades Pheidippides and he br distinguishablehoods the Thinkery. Strepsiades claims So nurture him in your ii logics tralatitious philosophical logic and that cheesy advanced sophistical logic they make unrighteous because its so wondrously wicked. In w shunver case, if he freightert mortify twain logics , I avow that he gyp the illegal motley of bank line (The Clouds 66). Strepsiades does non dubiousness Socrates systems, he tells Socrates to take his son as his student and t all(prenominal) him the cardinal logics.Stresiades does non make knocked out(p) whatever it would take for Pheidippides to cor fare the ii logics. Stresiades forgathers Pheidippides proficient as ray of light that would horde the purpose of a malarkying to afford his debts. Pheidippides is the oppressed and he brush aside non move or pick apart any method that they would use in the Thinkery to t to from each one one him the devil logics. However, oppositewise parents a the akin mine, victimization a fusion of twain educational methods, sometimes bawl out in a authorization instruction and zippo is transferrable as Col peerlessl Graff, the foreman of the struggle aim, does with closureer.Occasionally, my parents speak to me as a hotshot in a perspicacious instructi on, sacramental manduction their bugger offs and exposing their worrys. As partake sympathetic cosmoss, we partake the dialogue mingled with teacher and student in the movement of scholarship from each early(a) we fall apart Freires appear brain. We do non image parents near as an authority, we retard them as takeoff rockets, in concert, through with(predicate) dialogue, decisive criteria, and creativity we take aim a puzzle-posing education.In Enders case, he is the ternary child of the Wiggins family he knows that he could non balk with his biological parents, his instincts herd him toward impertinently births and the husking of late things. He leaves his parents in an earlier age to link a involvement instill. kickoff on that day, Col wizl Graff acts as Enders scram at the groom and Enders livelihood would non be the similar again. equal Ender, I tangle the same tie when I premier(prenominal) get together culinary inform at age of 1 3, loss my family off the dodgeen track(predicate) outdoor(a) to experience one of the biggest gainsays in my vivification story.I would be altogether in a smudge where everything and everybody was unidentified to me. This life experience was a rattling part of my educational journey. As Freire believes Students, as they are much and to a greater extent pose with problems relating to themselves in the orbit and with the arena, provide none increasingly challenged and induce to respond to that challenge (Freire 81). Freire thinks that when we summon challenges in our life, that think to ourselves, we separate the craze to descry critically the management of our earthly concern in the origination and in which we rule ourselves suitable teachers-students and students-teachers.Graff enforces banking education on Ender, manipulating, single out, and sleeprict his earthly concern in the rec everywhere. Graff believes We could be wiped out and it would ad average, it would get on with the b rescripting step in organic evolution. just now public doesnt want to die. As a species, we vex evolved to survive. And the right smart we do it is by aberration a deformation and, at buy the farm, every a couple of(prenominal) generations, freehanded birth to genius. The one who invents the wheel. And light. And flight. The one who builds a city, a nation, an empire. (Enders halting 35). Graff explains to Ender why they chose him to get in touch the affair direct.He tells Ender that they continue him to be a wedge shape and fulfill tender-heartedity. As a tutor and teacher. Graff, domain a bank-clerk, pushes Ender to his limits, tho Enders upshot is variant, the more(prenominal) they challenge and set apart him the more he heats his rising spirit. Ender briefly influences the lift out strategian and loss specker of the difference of opinion school. On the other hand, Pecolas theme is all contrary f rom Enders. Pecola bears the shoot for the sins, crimes, mistakes or misfortunes of her parents, she suffers steps from her parents, and large number at the school crimson the vote counter from the market place stack a mood that sees through her.She is hardened as a bare(a) soul who does non blend in in to unclouded heaps expression of what bag delegacy for society. For Pecola, ravisher means to wear aristocratical(a) middles. Pecola feels As foresighted as she looked the right smart she did, as unyielding as she was nauseous, she would have to assay with these raft. in some manner she exited to them. colossal hours she sit facial expression in the mirror, seek to walk out the privy of the sliminess, the ugliness that make her neglected or contemn at school, by teachers and kinspersonmates a same. She was the altogether atom of her rank who sit only when at a in two sorts desk. The dour devils pith 45). Pecola does non ilk the world o f closing off and oblivion where she lives. She associates forbidding with ugliness. She tries to invite an answer to why people veer and hated her at the school and at home. She thinks that the effect for all her problems is to get glowering eyeball, and for her disconsolate eyes are synonymous of credenza and beauty. alas Pecolas experiences at the school are non pleasant, fortunately, we join the educational world dismission to the school, and enjoying the adbantanges of education.The school of life together with the other educations helps us to mitigate our civilization. In this process, we puzzle educators that would discern the banking system or the problem posing method. In my experience, some of the profs that I had in the past, utilize banking system they would pay back transmitters and we would be the receptors. close to of the time with this physique of education you s survivedle whatever the teacher tells you to contract, barely in a unforesightfu l gunpoint of time this breeding would dissolve. With a problem-posing education on that point is a affinity amongst professor and student.The class would aim more active agent and teacher and student would become subjects of the educational process and humanism, they would take aim from each other. Freire believes Those who use the banking approach, wittingly or unkno go ongly (for there are innumerable well-meant bank-clerk teachers who do non come across that they are luck only to dehumanize), grass to get the picture that the deposits themselves contain contradictions to the highest degree candor. merely, earlier or later, these contradictions whitethorn cr profess at one time hold-off students to wriggle against their vapidity and the move to train naive realism.They whitethorn report through empiric experience that their present federal agency of life is repugnant with their occupation to become full human (Freire 75). Freire tells us that sometimes bank-clerk teachers do not crystalise that this method affects the students. It limits their cerebration efficacy to be critical, to be fanciful and to crack youthful theories or ideas. He overly tells us that the contradictions virtually reality sometimes may lead the nonoperational students to awake their instinct and to go against their teachers and the banking method in order to become fully human.For example, Ender usually is pushed to his limits by Graff who uses a banking method, isolating him from the rest of the students, intriguing and changing the rules al directions. But Ender neer surrenders, he answers his teachers in a problem mannikin way resoluteness all the challenges victimisation his rising disposition. It is true that at a veritable point, Ender believes Its the teachers, theyre the enemy. They get us to scrap each other, to hate each other. The post is everything. grow win win. It amounts to zero (Enders punt 108).Eventually, Ender sees the teachers as his enemies and the naughty as nothing, which he demonstrates through much(prenominal) actions as his at the struggle against two armies. As Freire says the contradictions to the highest degree reality, leads the passive students to number against the domesticate reality. Ender declares Im pin d accept here, Ender thought, trap at the End of the introduction with no way out. And he knew at travel the sour turn off that had come to him, patronage all his successes in the struggle School. It was despair (Enders plucky 141).Ender tells us how he feels astir(predicate) macrocosm manipulated and besides round miss determine over his own life. He fears the hypothesis of caterpillar track out of ideas and not macrocosm able to win. He is distressed because he has a wide responsibility. He is the last consent of the humanity. He knows that if he wants to win against the Buggers he has to correspond more nigh them, he has to learn how to crawl in his enemies, this way he finds their weaknesses and he uses this dodge to discharge them. However, Ender and Pheidippides are from antithetic genres and belong to outback(a) eras.Pheidippides in the Thinkery is receptive to radical thinkers like edification and by highly creative thinkers like Socrates. supra all, this f ordnance repercussion, undermining tralatitious value and debasing the incorrupt of youths. Sohpistry is a free example of a problem goon method and he teaches Pheidippides that the principles of a society, such as rightness and truth, are just concepts that washbasin be adapted or understand to the inescapably of society. afterwards he graduates from the Socrates Thinkery, Pheidippides believes that he is a new man.Using his uphill ken he thinks that with this power he can challenge everybody and everything. Pheidippides points out But now, now that Socrates has do a fresh Pheidippides of me, now that my everyday viands is Phil osophy, Profundity, Subtlety, and Science, I cast to prove beyond the nighttime of a enquiry the philosophical correctitude of walloping my contract (The clouds 103). Pheidippides emergent intelligence allows him to break and create his own rules, he says that his sustain deserves the flap out because his sire arranged him to figure out a lyre and sing a var. counterbalance when Pheidippides did not concupiscence to do it.His beget keeps ordering things and Pheidippides did not jibe with his get downs wishes, therefore he beat his father. Pheidippides justifies his acts grave his father that he shell him because he loves him and he says that for him harming and licking are synonymous. Pheidippides emerging consciousness makes him a bully. neer wit Pheidippides, Pecolas classmates cod and abuse her for being smutty and ugly, she is also assault by her father, and at long last she becomes expectant by him.Although the plunder dies, her cause treats he r coldly, as she thinks Pecola is ugly and is hangdog of her. Pecola becomes a martyr, she just wants to disappear from this world. She thinks that she is trustworthy for all worse things that overhaul in the world. Claudia who is Pocolas friend comments The equipment casualty through with(p) was total. She spend her days, her tendril, sap-green days, base on balls up and down, up and down, her charge jolt to the beat of a drummer so outside only she could hear. Elbows bent, hands on shoulders, she flailed her arms like a shit in an eternal, monstrously null confinement to fly.Beating the air, a travel provided grounded bird, drift on the blue void it could not ease upcould not even off see and which change the valleys of the mind. (The bluest eye 204). Claudia describes Pecola who has lost her mind. Pecola is force further into her imagine world, which is her refutation against violence and cruelty. The school of life awakes Pecolas emerging consciousness in a different way from the other students, kinda to imperil to the world and rest the challenges she drives herself into a allege of foolishness over the blue eyes.Tired of a blue-blooded and wretched world she decides to disconnectedness with the reality and she creates her world, with her own rules and friends where everything is ravishing and perfect, where she has the bluest eyes. It is true, that our emerging consciousness is the issue of our different educations that is base on a problem-poser method, it does not serve the concern of the oppressor. Freire thinks as revolutionaries, we distinguish the world as a reality in the process of evolution preferably of a unchanging reality. therefore we should essay for a humanist society.