Strain Transformation Essays (897 words) - Solid Mechanics

Strain Transformation The following report will be on Strain Transformation. Strain transformation is similar to stress transformation, so that many of the techniques and derivations used for stress can be used for strain. We will also discuss methods of measuring strain and material-property relationships. The general state of strain at a point can be represented by the three components of normal strain, ?x, ?y, ?z, and three components of shear strain, gxy, gxz, gyz. For the purpose of this report, we confine our study to plane strain. That is, we will only concentrate on strain in the x-y plane so that the normal strain is represented by ?x and ?y and the shear strain by gxy . The deformation on an element caused by each of the elements is shown graphically below. Before equations for strain-transformation can be developed, a sign convention must be established. As seen below, ?x and ?y are positive if they cause elongation in the the x and y axes and the shear strain is positive if the interior angle becomes smaller than 90?. For relative axes, the angle between the x and x' axes, q, will be counterclockwise positive. If the normal strains ?x and ?y and the shear strain gxy are known, we can find the normal strain and shear strain at any rotated axes x' and y' where the angle between the x axis and x' axis is q. Using geometry and trigonometric identities the following equations can be derived for finding the strain at a rotated axes: ?x' = (?x + ?y)/2 + (?x - ?y)cos 2q + gxy sin 2q (1) gx'y' = [(?x - ?y)/2] sin 2q + (gxy /2) cos 2q (2) The normal strain in the y' direction by substituting (q + 90?) for q in Eq.1. The orientation of an element can be determined such that the element's deformation at a point can be represented by normal strain with no shear strain. These normal strain are referred to as the principal strains, ?1 and ?2 . The angle between the x and y axes and the principal axes at which these strains occur is represented as qp. The equations for these values can be derived from Eq.1 and are as followed: tan 2qp = gxy /(?x - ?y) (3) ?1,2 = (?x -?y)/2 ? {[(?x -?y)/2]2+ (gxy/2)2 }1/2 (4) The axes along which maximum in-plane shear strain occurs are 45? away from those that define the principal strains and is represented as qs and can be found using the following equation: tan 2qs = -(?x - ?y) / 2 (5) When the shear strain is maximum, the normal strains are equal to the average normal strain. We can also solve strain transformation problem using Mohr's circle. The coordinate system used has the abscissa represent the normal strain ?, with positive to the right and the ordinate represents half of the shear strain g/2 with positive downward. Determine the center of the circle C, which is on the ? axis at a distance of ?avg from the origin. Please note that it is important to follow the sign convention established previously. Plot a reference point A having coordinates (?x , gxy / 2). The line AC is the reference for q = 0. Draw a circle with C as the center and the line AC as the radius. The principal strains ?1 and ?2 are the values where the circle intersects the ? axis and are shown as points B and D on the figure below. The principal angles can be determined from the graph by measuring 2qp1 and 2qp2 from the reference line AC to the ? axis. The element will be elongated in the x' and y' directions as shown below. The average normal strain and the maximum shear strain are shown as points E and F on the figure below. The element will be elongated as shown. To measure the normal strain in a tension-test specimen, an electrical-resistance strain gauge can be used. An electrical-resistance strain gauge works by measuring the change in resistance in a wire or piece of foil and relates that to change in length of the gauge. Since these gauges only work in one direction, normal strains at a point are often determined using a cluster of gauges arranged in a specific pattern, referred to as a strain rosette. Using the readings on the three gauges, the data can be used to determine the state of strain, at that point using geometry and trigonometric identities. It

Corrosion and Rusting Essays - Chemistry, Corrosion, Rust

Corrosion and Rusting.txt Essays - Chemistry, Corrosion, Rust Corrosion and Rusting Introduction Some people may be annoyed by their car wearing out. Kids may have trouble with rust forming on their bicycles. One may think how to prevent rusting, but do one knows what is happening when a metal corrode? Corrosion is defined as the involuntary destruction of substances such as metals and mineral building material by surrounding media, which are usually liquid (i.e. corrosive agents). Most metals corrode. During corrosion, they change into metallic ions. In some cases, the product of corrosion itself forms a protective coating. For example, aluminium forms a thin protective oxide layer which is impervious to air and water. In other cases (e.g. iron), however, the coating either flakes off or is pervious to both air and water. So the whole piece of metal can corrode right through. The most common forms of metallic corrosion are caused by electrochemical reactions, wherein two metallic phases (e.g., iron oxide and iron) react in the presence of electrolytic solution. Another mechanism of metallic corrosion is caused by chemical reaction, which explains how the protective layer of the metal is formed. Rusting is the corrosion of iron which is the most widely used structural metal. Most of it is used in making steel. The wide range of products made from steel includes all types of vehicles, machinery, pipelines, bridges, and reinforcing rods and girders for construction purposes. Therefore, rusting causes enormous economic problem and is the reason why extensive measures of corrosion protection have had to be developed. The economic importance of corrosion and corrosion protection can be shown by the following example: It is estimated that roughly 3% of the annual production of steel is lost by corrosion. In 1974, 140 millions tons of steel were produced in the United States at a cost of approximately $400 per tons. So this gives a monetary loss of about 1.7 billion dollars. It is clearly of the utmost importance to reduce as far as possible the financial loss by corrosion, which not only affects steel but to the extent all other building metal as well. It is obvious that corrosion and rusting affect significantly the life of the society, so it is worthy to investigate this topic. In this essay, the cause of the corrosion and rusting and consequently the protection of the corrosion will be explored. Electrochemical corrosion reactions This type of corrosion takes place when two metallic phases with different electrochemical potentials are connected to each other by means of an electric conductor. Electrolytes such as acids, alkalis, salt solutions, or even milder media (e.g., rainwater, river water, groundwater, or tap water) also need to be present. Metallic phases with different electrochemical potentials exhibit electric potential differences. Potential differences may also arise because of impurities, internal stresses, corrosion products, damaged protective coatings, etc. They also occur when different metals are used. The larger the potential difference, the faster the rate of corrosion. The electrochemical EMF series (Table 1) gives the electrochemical potential of metals under normal conditions with respect to hydrogen (hydrogen is 0). The farther two metals in electrochemical series are apart, the larger the potential difference between them. A metal is said to be less noble than those which stand to its right in the electrochemical series. In the case of electrochemical corrosion it is always the less noble metal which is removed. Table 1. Electrochemical Potential Series, Volts. KCaMgAlZnCrFeNiSnPbHCuAgAu -2.92-2.84-2.38-1.66-0.76-0.71-0.44-0.24-0.14-0.130.000.340.801.42 not noble -> noble Likelihood of passing into solution decreases from left to right. The potential difference does not, however, always fully correspond with the corrosion phenomena experienced in practice. The reason is that oxide and other metal compounds have differing electrochemical potentials. Chemical corrosion reactions Metals have a tendency to combine with oxygen to form oxides and this is one of the chemical reactions. This tendency is the stronger the less noble the metal. The layers of oxide on the metal surface which are formed even in dry air may be insoluble and stable against an aqueous medium in contact with them. Therefore, if the oxide layers are dense and adhere well to the metal, they prevent further attack and act as a corrosion prevention layer. An example of this is aluminum oxide. However, iron differs in that, although it does form a surface

Marital conflicts Research Paper Example | Topics and Well Written Essays - 1750 words

Marital conflicts - Research Paper Example Marital Conflict Introduction Marriage in U.S society Marriage is a foundational relationship in American society. According to Gottman and Carrere (1994), 90% of Americans will marry in their lifetime. However, it is found that nearly 44 percent of marriages end in divorce (Teachman, 2009). United States government data demonstrated a slight dip in the divorce rate from the 1980s to the 1990s (Teachman, 2009). However, there is a clear trend in U.S. documented history that divorce is a more viable option for couples, and the dip is negligible. It is also significant to note that many couples that stay together remain unhappy in the relationship for years According to these figures, marriage truly is a risky undertaking in American society. In addition, culture in the United States has been shaped by the growing trend of divorce. The increase of single-parent homes and the financial burdens associated with them, custody battles, and the negative effect on some children of divorce imp act American society. Teachman, (2009) reported negative effects of divorce on parents and children that most children of divorce had demonstrated some emotional distress and behavioral problems. In a study by Rogers (2004), this idea is supported, as she found that young children (under the age of 6) whose parents divorce may be at risk for developmental and behavioral problems. Divorce in U.S. culture does not occur in a vacuum but ripples through society. It destroys families and creates insecurity in children. Divorced adults must pick up the pieces emotionally, financially, and socially and start over, while mending the brokenness of the past. Addressing the communication difficulties couples have before the relationship comes to divorce or separation is important. Divorce is not the answer to the fading communicative abilities of U.S. culture. Many couples find that the problems and unhappiness they faced as individuals while married continue after divorce. Often partners assu me their spouse is the source of their unhappiness. In some cases this may be true, in many it is not. Also, partners assume there will no longer be arguments once they divorce. This is also not likely true. Couples often still argue once they are divorced, especially when they have children together. Divorce is not an easy solution to the work of marriage. Therefore, it is imperative for studies to be done that can be applied practically and can help mental health practitioners develop better understanding of how marriages can succeed, how conflict can be better managed, and how couples can adapt to one another in order to create a healthy, sustained relationship. Nature of Marriage: The Presence of Conflict The marriage relationship provides the possibility of great connectedness and communication. It also provides the opportunity for hurt and relational brokenness that extends beyond the two individuals within the marriage. Rainey (1997) explained, "No other human relationship ca n approach the potential for intimacy and oneness than can be found within the context of the marriage commitment. And yet no other relationship can bring with it as many adjustments, difficulties and even hurts" (p. 10). To succeed, marriages require work-work that is focused in the right direction.

Emplyee relation Essay Example | Topics and Well Written Essays - 750 words

Emplyee relation - Essay Example This implied that ministers would use available policies like tax cuts, increased state spending to improve economic activities and achieve full employment. Unlike in the pre-war era, trade unions were encouraged by the UK government and regularly consulted on the most suitable workplace relation and relevant economic policies. With the economic changes that happened in the 1980s when government reduced its role in the utility industry like gas and electricity following their privatization, a significant impact was experienced in employee relations. Companies had more control over their internal employee association policies unlike in the early post-war years when government had ultimate authority. The government’s welfare policies through the national insurance system and National Health Service (NHS) have since 1979, shaped employment relations by ensuring that employers are held accountable to the wee-being of their employees. By promoting equality through social frameworks and progressive taxation policies, the government is significantly influencing employment relations. Employee involvement is when an environment where members of staff have a contribution to decision that touch on their jobs. It is used as a philosophy in continuous improvement within organizations when people are allowed to make contributions. Empowerment, on the other hand, occurs when lead employees are given room to make managerial decisions. Employee engagement is the art of keeping the workforce occupied for maximum productivity and may include letting them play games during breaks. Finally, industrial democracy occurs when policies that touch on employee welfare are a joint product of the organization’s management and representatives of the workforce. From these forms, industrial democracy is the best representative of employees’ interests because it involves them at the policy level. Getting involved at the policy level

Religions of the Caribbean and Latin America Essay

Religions of the Caribbean and Latin America - Essay Example This religion is seen not only in Haiti, where its origins lie, but also in Mexico and South America, and most famously in New Orleans, where its practitioners have included Dr John, the shaman Drummer, and Marie Laveau, the New Orleans healer. It is from the academic studies of this religion that we have received some of the most powerful images of modern mystery faiths. It is also known as Vodou, Vodun, and many other variations, depending upon the writer concerned. As at attempt at compromise, Voodoo will be used to discuss the Haitian religion as a cultural signifier, while Vodun (which means spirit or sacred) will be used to discuss the actual religion of the area. Vodun, moreover, is not the only religion in the area based upon the entwined influence of African Gods, Christian imagery, and native American shaman faiths. Other interesting religions of the area include Santeria, the faith of the Yoruba in Cuba and the Diaspora, Candomble, and Umbanda. These three religions are referred to under the umbrella term of ‘Macumba’.'Macumba'. While this essay will study the differences and similarities between the Vodun and Santeria, the other religions of this region are also worthy of mention, as they have produced transculturation in differing ways, especially Umbanda, which is unusual even for the area: Umbanda in perhaps the youngest of these forms only emerging in 1904 and strangely enough being a fusion not of Christian and African beliefs, but Hindu, Buddhist and African beliefs. (Patrice, 2003, page 7) Even such a well-known religion such as Jamaican Rastafarianism, which is fundamentally a Christian religion, combines elements of a pan-African religious perspective, including There would be a mystic return to the African homelandlinked to notions of cultural recovery through a spiritual connection to the African homeland. The belief in the soul's return to Africa after death was widespread in the Caribbean. (Olmos and Paravisini-Gebert. 2003, page 156-7) Rastafarianism is a connection between the deeply religious Christian community, and the equally religious Pan-African faiths of the Caribbean. Furthermore, the idea of a spiritual movement back to Africa after death ties it in strongly to the Vodun, Candomble, and even Espiritismo, which is the Creole interpretation of spiritualism in areas such as Cuba, Puerto Rico, and the Southern states of the United States. In all the religions of the Caribbean so far discussed, the importance of spiritual connection with the dead, with ancestors in Africa, and direct contact with the gods, or Lwa, who will be discussed later. Voodoo is seen by outsiders as a very 'dark' faith, one in which the priests and priestesses kill their enemies through magic, the famous 'voodoo' dolls, and rites which involve animal sacrifice (and human sacrifice too, it is alleged). Other myths of voodoo imagine the creation of many Zombies as workers, have become the staple of horror movies, and TV shows such as 'Hex'. Santeria, while associated with Vodun, concentrates much more upon the worship of Gods in the guises of Catholic Saints. The very name means 'Worship (or way) of the Saints", and so provides a perfect example of the mixing of Christian and African religions in this melting pot of faiths known as the Caribbean. This essay seeks to analyze the true religions of Vodun and Santeria, approaching the faiths through a history of the people, from a consideration of the cultural influences of both religions, to the nature of the worship before Slavery was abolished. The role of Voodoo in Haiti and New Orleans will be considered,

The Higher Education Commission: Pakistan

The Higher Education Commission: Pakistan The higher education commission HEC Pakistan is formally the university grant commission and this grant commission manage all the issues regarding the education in Pakistan under the act of university grant commission 1974 previously the universities are recognized by this institution and all the rules and regulations which are followed by the universities are given by UGC. The UCG act 1974 was repealed and the new ordinance is came into place with the name of higher education commission ordinance 2002 and after that this institution is responsible for the higher education policy in Pakistan, quality of education (quality control), the main purpose of introducing this institution is to uplift the education sector and the inspiration is given to the universities so that they can improve the system. Another main task was the development of the education policy, and to bring the quality in teaching methodology through the workshops, seminar etc. Research and development is important for any institution thats why the spotlight is on R and D sector because it is possibly the key for the growth of any organization and this is the start point of the organization and if the problems are identified then it is easy for the subject matter exports to perform later on. For betterment and development in Pakistan the Higher Education Commission gives thousands of MS scholarships and also the doctoral scholarships as well each and every year. The planning and development by the HEC is important because this will forecast the challenges of future and strategies to cope with these challenges is needed in order to meet the international standards of the universities, so the initiative taken by the institution like HEC to give scholarships is right decision by government. Another main purpose of this institution is that to give strength to the infrastructure of the higher education in Pakistan. In this process the research is important which can provide better results and the work of HEC with other ministries in developing such a projects which help the education sector later on. The linkage of local and foreign universities ensure that the setup of these universities is learned and the changes were done in our system that is a major change in the process and that is helpful for the higher education. Another initiative of the introduction of university-industry relationship give more practicality, learning to the students and they can learn more from the industry tours that is another good step taken in regard of development. Impact of Indigenous scholarships on the growth and promotion of the higher education: Indigenous scholarships are given by the higher education commission of Pakistan in the supervision of government of Pakistan so that these scholarships encourage and motivate the students to participate and learn more during higher education. There are a certain policies and procedures or we say rules and regulations are designed by the government of Pakistan in collaboration with HEC to facilitate the students who are more delegated towards learning and have excellent academic record to follow the educational heights at higher level. They are also have an eye on the students who are concerned with studies but they do not have enough money to participate and study at higher level so government also provide need based scholarships to the students having weak backgrounds. Indigenous Scholarships of MS/PHD: The basic concept of giving these scholarships is to strengthen the faculties of universities locally and to improve the quality of education and delegation and more attention towards the research and development R and D sector is improved by the induction of the intelligent students. And if these highly qualified personnel perform their duties in best way in future the industrial sector will also improve. The recently announced scheme of 5000 indigenous scholarships of MS leading to PHD will improve the research culture in universities of Pakistan and the universities will improve and may adopt the international standards so that the students may get the international standard education locally and it is the milestone if done accordingly. This project is focused on diversified disciplines including the science and technology, social sciences and humanities and life sciences. More over HEC funded some universities to develop the research labs and it will encourage the researchers to participate frequently. So the thing is that the institution like HEC would have to put spot light on the new disciplines and encourage students to learn new subjects by providing benefit like indigenous scholarships because that would motivate the students and the introduction of new disciplines in Pakistan is more encouraging because the people are only familiar with few discipline. These indigenous scholarships will help in the socio-economic development of Pakistan because the local researchers will highlight the local problems and would work on them accordingly because the local researchers are more familiar with the cultural norms of Pakistan behaviors of local people. In this scheme HEC also provide the funds to upgrade the existing laboratories and equipments that are used in laboratories. The indigenous scholarships are encouraged because this will improve the standards of living at individual level, and more importantly the economy is affected in positive way. Another good factor is that the local researchers will know there country trends in terms of culture, society, norms and values, attitude and behavior, manners and customs etc so with keeping these things in mind one easily know that the local researchers can perform well in there country because of familiar factors and trends. HEC and the government of Pakistan were doing an anchor role in improving the educational standards. HEC provide 5000 at PHD level indigenous scholarships to enhance the level of intellectuals in Pakistan and increased decision making ability in different flied of studies and to improve the businesses in institutions public and private etc. The 300 scholars recently awarded PHD degrees were doing research to improve the socio-economic conditions of Pakistan and there research is valuable because of there contribution to the development. These PHDs belong to different fields like business management, agriculture, engineering and HEC is also introducing the new disciplines at the level of PHDs like total quality management. There publications are important for analyzing the issues at different level because this is necessary to fill the gap first in order to pick up the growth rate. This all will help to improve the situations in future and it also help to improve the infrastructure. In order to give these scholarship HEC develop a certain criteria and it includes: No D grade in previous degree. The person who already studying under any scholarship program of Pakistan cannot get the scholarship for MS. Candidates must have 16 years of education who are applying for the MS scholarships. Maximum age 40 for PHD scholarships. GAT test is necessary for both PhDs and candidates applying for MS. The candidate cannot change the course of study once he submits an application etc. Objective of providing the indigenous scholarships: The objective of providing these scholarships is to train the students for the future benefit of the universities because only the well-trained and qualified personnel facilitate the students and the learning of the students increase and improve. Thats why the qualified faculty is recognized as the key of success in learning institutions and another thing is that they change certain things which help to learn more. Another thing is that by investing in Human capital is important for any country because they change the scenario and work for improvement and development, the main theme of investing in personnel is to get the economic stability in terms of growth and these type of investment encourage the people from any race, ethnic group to became the quality worker of any organization, faculty member of university and serve the country and participate for economic growth. These indigenous scholarships encourage the talented youth to step-up and get qualifications in technical and non-technical fields and participate in nation building process later-on with there professional and technical knowledge. And providing these scholarships particularly to the students of MS/PHD will enhance the research culture and environment that is friendly for the research conduction when ever needed with flexibility and which will address the issues of entire sectors of Pakistan. This will also increase the strength of the industries of Pakistan and new idea creations, and ability to start the new venture is increased because of better knowledge and professional skills and for new ideas planning, development and then implementation, the entrepreneurial mind is also required for that. The number of PHDs in Pakistan increasing due to the better and improved policies and procedure of higher education and admirable work by HEC. And now the Pakistani universities can produce more PhDs in future than previous 10 years. One research shows the results that at present number of PhDs reach 8142. According to the statistics which are available, the number of PHDs were increased from 347 in 1947 to 676 in 2002 in agricultural sciences, and in biological sciences the figures increased from 586 to 1096 and from 14 to 123 in the field of business and management sciences, in engineering and technology from 21 to 262, and in physical sciences it increased from 709 to 1071 and in the field of social sciences it increased from 887 to 1080 in last 10 years. In the last decade the ratio of education particularly in higher education is increased as mentioned in the figures above, so we have to recognize that the institution like HEC of Pakistan is doing very well for the betterment of the education and since the creation from 2002 this institution doing great job and particularly in the field of business and management sciences, engineering and technology, agriculture science and the discipline of social science as well. HEC introduce various indigenous scholarships to strengthen the human resource of Pakistan and to create a critical mass of highly qualified human resource in different field of studies in Pakistan so these researchers will work on the issues important for Pakistan, one of the scholar says that these PhDs are real asset of Pakistan and they will help country to develop economically. It is to be mentioned that since 1947, a total of 3,281 PhDs were awarded. However, and from the time when the establishment of the HEC in 2002, over 4,850 PhDs have been awarded. Higher Education commission is also looking to award 10000 indigenous scholarships to the students as the need based scholarships to the deserving students from the different parts of Pakistan in 2012-2013. These scholarships are only given to the students who are very talented and have good academic background in terms of there marks and percentage and having financial crisis or constraints. So more over these students are enrolled in the public sector universities for higher education to ensure the equality criteria. Under this new scheme, the more importance is given to the students belonging to Balochistan, FATA, interior Sindh and southern Punjab to support higher education of maximum number of academically eligible needy students from the very poor part of the country. Indigenous scholarship purpose: Indigenous scholarships are the lifeblood of all scholarships. The main objective of the Indigenous Scholarship Scheme is to create a highly qualified faculty to our local universities in all fields. These researchers will improve the rank and potential of all public and private universities in Pakistan. The scholarships are aimed at creating a pool of specialized scientists and highly skilled professionals trained at MS leading to PhD level in areas which are critical to economic growth. The fields of study covered under these programs include Science and Technology, Social Sciences, Arts and Humanities and other selected departments of public universities of the country. The primary objective of these programs is to increase indigenous capacities in various fields of science and technology. Regular employees of public sector universities, colleges and RD organizations having two years of relevant work experience are eligible for this program. The scholars conduct research in various fields of science and technology and are supervised in their research by HEC approved professors The specific objective of the Indigenous Scholarship Scheme is to produce acute form of highly qualified human resources in all fields of studies trained at the advanced level in local universities. These locally qualified academics and researchers will increase the RD potential of public as well as private universities and it will also support the local industrial sector. . The impact of a scholarship has an effect felt far beyond the student helped. The students success, thanks to the scholarship, may inspire younger siblings or the students own children to pursue higher education after high school. The student will be able to make more money with a college education and be a better provider for his or her family. In addition, that student will touch thousands of lives through his or her career whether it is in health, education, business, research or some other field. When you provide a scholarship for a student, you do more than help them financially you impart a lesson of generosity and concern for others that they incorporate into their own lives. Our files are filled with letters from students describing the impact that their scholarships made on their lives, and their hopes that one day, they will be able to provide scholarships for future students just as their donors did for them. The purpose of the delay is to facilitate candidates from remote areas of the country. The scholarship will be given for the academic year 2012-13 in all areas of studies and disciplines on the quota basis in accordance with federal government quota policy permitted by the government of Pakistan. To boost the research facilities in these fields the Higher Education Commission has supported many Departments/Universities to establish research labs. This has taken fabulous change in research culture of the Pakistani Universities. HEC has preserved great stress on indigenous scholarship schemes because locally trained researchers work on local problems of great national implication. Their research, therefore, is expected to have direct significance to the growth and socio-economic development of Pakistan. In addition, this scheme also offers funds to the Universities for advancing their research facilities particularly small laboratory equipment, chemicals, IT equipment etc. which not only aids research of the HEC scholar but also serves as an strength for the department to start up to date research laboratories. The need-based scholarships are focused on providing opportunities for access to higher education especially to under privileged students belonging to remote and far flung areas of the country who despite possessing academic merit, are unable to finance their education. Under this new program, special emphasis is given to the students belonging to Baluchistan, FATA, interior Sindh and Southern Punjab to support higher education of maximum number of academically qualified needy students from the very poor segments of the country. These scholarships would be awarded through Financial Aid Offices at the universities in a transparent and well-defined mechanism. He also informed that HEC indigenous and foreign scholarships are being awarded as per federal government quota policy. He urged the participants of the workshop to disseminate this information and guide the prospective candidates from Sindh province in this regard. He also emphasized them to avail the benefit of various HEC initiatives. Speaking on the occasion, Prof. Dr. Parveen Shah extended thanks to HEC and NTS for selecting Shah Abdul Latif University Khairpur for organizing such a useful academic activity. In its endeavor to develop a class of Highly Qualified and professional Faculty in Pakistan, HEC has launched a series of scholarship programs. Through this series, HEC aims to provide the much needed impetus to the academia by offering indigenous as well as foreign PhD degrees to both faculty members and students. It is well cognizant of the need for customizing the existing scholar ship programs along with providing new opportunities for the pursuit of higher education at home and abroad. With an objective of reinforcing universally accepted principle of excellence in academia, HEC has designed the scholar ship series. Scholar ships are offered not only in reputable disciplines but also in the less recognized but crucial emerging fields. Several scholarship schemes comprising of indigenous as well as foreign scholarship/fellowships are currently being offered under the program. PhD scholars in all disciplines of strategic national significance are proceeding to various reputable foreign universities/institutions/ research centers by availing these schemes. Indigenous scholars now need to move beyond this collaborative process to those hard issues in research methodologies. The government of Pakistan has demonstrated a heightened sense of commitment to improving the effectiveness of education through its programmed of Education Sector Reforms that includes higher education, and this is further evidenced by the establishment of the task force. While universal literacy and primary education have been in the forefront of development priorities in the past, the pressing need to benefit from the new knowledge based economy has placed an unprecedented premium on higher education. Pakistans higher education system, encompassing all level above grade 12, is providing unable to provide the skills necessary, in the quantities necessary, to achieve the dual objectives of nation building and global competitiveness. Universities are the pillars of the higher education system. They must have autonomy from all extraneous influences in order to govern and manage their academic, administrative, financial functions. In particular, universities must have autonomy to develop their academic programmes, recruit, and select, train and educate their students. Education is a continuum process primary, secondary, higher secondary and tertiary levels. Its generic purposes are not discipline specifies. The support and accountability for educational functions, whether in the domains of knowledge concerning natural, biological, numerical and social sciences, and humanities, are the responsibilities of the ministry of education. HEC had paid special attention towards the promotion of higher education in the country. The main initiatives includes special scholarship scheme for the youth, implementation of the federal governments quota policy to award local and foreign scholarships. The number of the universities had been increased from two to seven including the establishment of the first women universities. It has launched the special projects for the development of the basic infrastructure in higher education institutions in the provinces. The scholarship provides financial support to enable mature-age indigenous students to complete nationally recognized tertiary qualifications and attain skills and knowledge that will enhance their communitys future economies and financial development. Scholarship are intended for indigenous who Face financial barriers that might otherwise restrict their option for gaining a tertiary qualification. The fund acknowledge that mature-age student often required to make great personal and financial sacrifices in order to complete qualification that will help advance their personal and career goals. The scholarship provides recipient s with financial assistance to relieve the financial burden of study, which may includes course fees, telecommunication cost, accommodation, transport and textbook. Students must have the support of their family and/or community. This will require emotional support and some contribution to financial support. The level of financial contribution is reviewed on an individual and highly confidential basis, with the expectation that families/communities will contribute according to their capacity. The Scholarship does not cover the provision of uniform, pocket money or other voluntary School activities. Families are expected to participate in School programs/information sessions, etc, as much as distance and travel permits and be supportive of their daughters education. Development of education sector of Pakistan in previous years: Education is important factor in development of an economy of any country, historically Pakistan is a poor country and poverty creates the alarming situations, so the policies and more importantly procedures are needed to cope that situation, because the factors like unemployment, low per capita income, less GDP and less quality education of the people is concerned factor and needs to be paid attention. On of the economic survey have the statistics which include the figures and these are the public sectors spending on the education in Pakistan are: Public sector sending as %GDP is 2.1 and the literacy rate is 57 %. This information includes the age from 10 and above, males 69% and females 45%. ( economic survey of Pakistan 2009-2010). Pakistan is also depending on the aid from the international sources. The higher education commission is also running a project which includes USAID. If we talk about the development of education sector the institution like HEC is doing a significant job in developing the human resource or human capital. In this regard the indigenous scholarships are open to every one who is working in the private sector and government sector and also the Pakistani students. HEC has award 1426 undergraduate scholarships and 6635 post graduate scholarships, from which 3765 MS scholarships and this indigenous scholarships program also produced more than 300 PHDs in Pakistan. (Economic survey of Pakistan 2009-2010). These human resources which are developed and produced by HEC are actively participating in the research and development of Pakistan and they are performing there duties significantly in different department and also in the public and private universities. These scholars also managing to improve the local university standards and infrastructure overall. In this regard HEC has given the post doctoral scholarships to the 503 university teachers which help the university and the new students later on. HEC also trained the 11021 faculty members and administrators of different universities during short and long term courses. But if we talk about the development of the institutions there is a boom or increase in the degree awarding institutions DAI and new universities. The PHDs are increased to 624 in 2009, the funding to higher education reached up to 44000 millions. HEC is also doing planning and development in order to increase the education in Pakistan for that HEC have a plan for the years 2010-2015 and onwards. This includes the post doctoral, doctoral, and MS leading to PHD these types of indigenous scholarships are encouraging and can help the economy. Funds for promotion of research culture are increased in the recent years up to 800 million in 2010-2011. (Economic survey of Pakistan 2011-2012). Foreign assistance for education sector: In 2008 and onwards the foreign assistance is increased for the development of Pakistan and students who are motivated for higher studies, this includes: USAID funded $2.14 million, project name strengthening teaching education in Pakistan (STEP). Funded by DFID Â £3.15 million, project name gender in education policy support project (GEPSP) These funds are actively donated by the UNICEF, usaid and also different private organizations are also working actively to train the teachers in this regards organizations like ed-links are funded by USAID and they are working to improve the teaching standards and methodology at primary and higher level. This costing $ 90million. The organizations like ITA, IRM UK-AID project are also working to improve the educational standards and they are conducted a lot of surveys in recent past which help to identify different issues in the regions of Pakistan. How the higher education system is improved in Pakistan and the recommended suggestions: The objective of better higher education system is only achieved if the overall system is organized or planned like the international standards requirements and to achieve that particular goal there is a need to work hard, thats why the institution like HEC is appreciated by the international forces who want the progress of education in any country. But the thing is that there are some forces that show resistance so that is the task for the policy makers to cope the overall situation and make that type of policy and procedure which can bring the change in the system and the ultimate objective is achieved of improvement for higher education. The universities are the main pillars of the higher education system, they must have the autonomy from the external influences in order to govern and manage there administrative, academic and financial functions. They must have that mush authoritative power to train there faculty or firstly (recruit) hire the potential faculty members who can deliver in the future and council the students in a proper way that can be acceptable and according to the international standards and requirement and which can also eliminate the requirement to study at abroad. The present system is weak because it is hesitant to delegate the powers and job enrichment processes which can motivate the faculty members in order to deliver in a right way. In this process each university must have the governing board which can make autonomous decisions for improvement. And if this type of governing broad perform there duties the overall performance o the institution is improved. Previously the institution named UGC is not up to the mark because of poor administration systems and less and also late funding to the universities, the system requires the institution which is ready to deliver and it is HEC and which is proved later on by the quality performance of the HEC and its planning, development and management in terms of the performance from 2002-2008 is phenomenal. If the funding from the international forces, government of Pakistan and HEC is given to the universities or DAI then there is a less burden on the students to pay the huge amount of fees and they can learn more easily with out any pressure and also the funding is utilized by giving students quality faculty then they can learn more and may deliver later on and represent the well known organizations and also serve public sector in better way and if the provincial governments also support this type of funding then there is a boost in the improvement in the quality. The thing is that a lot of intellectuals(scholars) were left Pakistan because of less salary and poor economic condition in the country so Pakistani government and public sector universities need more funding in order to retain that type of quality faulty members. The infrastructure is provided by the HEC by giving more indigenous scholarships to the students and motivate them to study in MS leading to PHD, and particularly the PHD scholarships and also they encourage the research culture in the universities, and also provide the labs for technical studies and access to digital library is phenomenal for the students to learn the international books and articles and journals from the Harvard business review and Jstore etc. The first thing which can be done in order to bring revolution in the educational sector, the government primary, middle, secondary and higher secondary education needs to be deliver more and some quality education which is lacking and the students when they come for the higher studies they suffer because of less knowledge, so in this regard government must have to put more emphasis on the early education in other words the improvement must start from the grass root level. The role of higher education is important for the developing country like Pakistan to survive in the global environment which is competitive and you can only survive if the higher education is given in a proper way, because it is a chain process one action is linked with another and if one thing is lacking or not done in a way it required then it can cost later on. By ranking the universities in terms of quality education institutions, it can motivate the students, faculty members and the internal policy makers to work hard for the improvement, and it is good to award the categories to the institutions according to there performance. This policy encourage the high performing universities and they can deliver more frequently because they want to retain there position and that is not less than challenge. By monitoring the private institutions as well is also participating in the improvement. The economic importance of higher education: Yes it is right that higher education is important for the economic growth of any country but it is also right that economic growth is more important for the developing countries and it is the fact that higher education can not only contribute to the economic development of the country, it also contribute in nation building process, giving more strength to the society, culture in terms of more civilized culture and the people became more conscious about the things and they may also have awareness more about upgrading there living standards etc. In this regard the World Bank and UNESCO provided the task force for developing countries including Pakistan to check analyze and put emphasis on the higher education system and living standards of the people and to work for the infrastructure of country. They also emphasis on the development of enlightened leaders, expansion of choices and this type of development also enhances the social mobility and it may be helpful for the talented people to come up and prove there potential in the areas of there choices. The ultimate theme of providing the indigenous scholarships to the students creates the capability to address the appropriate solutions to the local problems in the country. In this context the promotion of higher education is more important in order to get better future of the country, because this is the era of competition and those who want to compete must have that type of weapons to survive in the race of competition. The promotion is necessary because now the employees, intellectuals and technical people are seen as product by the organizations and candidates who want to get the job they have to market themselves. But the thing is that the individuals are only putted in the competition if they have the knowledge, skills and abilities, this process of KSA is only fulfilled if the students are gone through the process of the learning and more importantly if they get the highe

The Presentation of Jocelin in Chapter One Essay -- Dean Jocelin Willi

The Presentation of Jocelin in Chapter One Dean Jocelin is a priest at St Mary’s Cathedral in Salisbury. He has a vision that God has chosen him to erect a great spire on his cathedral. During Chapter 1 we see many different qualities of Jocelin. The first account we meet of him is a visual picture of a laughing man; this represents a joyful, exhilarant person. It shows that this is the beginning of his vision and everything is taking place before him. In the second sentence our view shifts and we see what he sees, the sunlight exploding through the glass, lifting up the images of Abraham, Isaac and God. Our sense of seeing through his eyes is strengthened with ‘additional spokes and wheel’. Each time the sunlight appears inside the cathedral Jocelin recreates his vision, and it reinforces the rightness of what he is doing. There is a various repetition of Jocelin ‘laughing chin up’, this begins to sound a little insane, however ‘chin up’ shows he is a very confident and proud man who thinks he has all authority over everybody else. He also thinks that St Mary’s Cathedral belongs to him, as he uses the repetition of ‘my’ this would signify, that it is his territory. ‘My place, my house, my people.’ The cathedral and the spire becomes an obsession to Jocelin as he describes it as a living, breathing building. He describes the building like a man lying on his back. ‘The nave was his legs placed together, the transepts on either side were his arms outspread. The choir was his body; and the Lady Chapel where now the services would be held, was in his head.’ He describes the spire as ‘the crown and the majesty.’ The great one of all! Jocelin seems to be a very religious man because when he enters the ... ...erson who Jocelin has great affection for is his ‘daughter in God’, Goody Pangall. Jocelin thinks that she ‘is entirely women’ and she is the one topic of conversation that he discusses with interest with Pangall. For example when Pangall is worried about the builders, the first question Jocelin asks is, ‘Is your good wife? Do they work too near her?’ and Pangall reply’s no, ‘Do they treat her as some men will treat women in the street? Call after her? Speak lewdly?’ In conclusion to this essay, Jocelin has become obsess ional over the spire because he has forgotten that the vision is from God and when he thanks God, it shows he is grateful that god has given this vision to him however it is not for Jocelin, it is for God. Jocelin also does not listen to anybody else’s comments. All he cares about is himself and how he looks rather than the cathedral.

Stock Exchange of Thailand

Table of Content | | History of SET| 1| Establishment of SET| 1| Vision & Mission| 1| Regulatory Framework of the Capital Market| 2| Operations| 3| Board of Governors| 3| Management| 4| SET’s Role| 5| Corporate Governance Center| 6| Products and Services| 6| Revenue Structure| 12| Financial Events that Affect SET| 12| SET and the World Stock Exchange| 15| SET and Asian Stock Exchanges| 16| Comparison of SET, SGX and NYSE| 17| Index Composition Comparison between SGX and SET| 18| Stock Index Comparison| 18| Future move of SETConclusion| 2022| Stock Exchange of Thailand History of the Stock Exchange of ThailandThe modern Thai Capital Market was started in 1961 when Thailand implemented its first five-year National Economic and Social Development Plan. It supports the promotion of economic growth and stability as well as develops the Kingdom's standard of living. After that, the Second National Economic and Social Development Plan (1967-1971) proposed to set up an orderly securit ies market in order to gather additional capital to support Thailand's industrialization and economic development. The modern Thai capital market can be divided into two phases, â€Å"The Bangkok Stock Exchange† which was privately owned and â€Å"The Securities Exchange of Thailand†.The BSE finally ceased operations in the early 1970s because of a lack of official government support and a limited investor understanding of the equity market Establishment of the Stock Exchange of Thailand Despite the failure of the BSE, the concept of an orderly security market had attracted a lot of Thai people attention. In 1969, as recommended by the World Bank, the government acquired the services of Professor Sidney M. Robbins from Columbia University to study the development channels of the Thai capital market.In 1972 the Government took a further step in this direction by improving the â€Å"Announcement of the Executive Council No. 58 on the Control of Commercial Undertakings A ffecting Public Safety and Welfare†. The changes were allowed Government to control more over the operations of finance and securities companies. After that, in 1974, â€Å"The Securities Exchange of Thailand† (SET) was enacted allowing the investment to save in the capital market. By 1975, the basic legislative framework was in place and the Securities Exchange of Thailand officially started trading.On January 1, 1991 its name was formally changed to â€Å"The Stock Exchange of Thailand† (SET). Vision Empowering business and investors through our strengths to match the right financial opportunities Mission Clients and Intermediaries â€Å"Expand business issuers and investor base by satisfying their financial needs and strengthening intermediaries for mutual growth and success† Products and Services â€Å"Offer a wide range of attractive products and services to create value and match financial opportunities across different segments of business and inve stors† Operations Operate with flawless execution according to international standards to ensure efficiency, effectiveness, flexibility and global connectivity† People and Culture â€Å"Inspire staff to perform up to their fullest potential and create a corporate culture that aims at achieving excellence in matching the right financial opportunities for business and investors† Regulatory Framework of the Capital Market The Securities and Exchange Act of 1992 (SEA), specified the Securities and Exchange Commission (SEC) as the regulator of the Thai Capital Market.While the SEC oversees the development of the Kingdom's capital market, the Bank of Thailand (BOT) is responsible for the country's money market. Primary Market The SEC looked over a company that wants to issue new securities, an initial public offering (IPO) or additional securities to the public. The company must first apply for SEC approval and comply with its filing requirements. Then, the SEC is requi red to review the financial status and operations of the company before allowing the firm to issue securities to the public. Secondary MarketSecurities may be traded in the secondary market once the issuer has applied for and been approval by the SET. Operations The Stock Exchange of Thailand is a juristic entity that was set up under the Securities Exchange of Thailand Act, B. E. 2517 (1974). Operations started on April 30, 1975. Its main operations include securities listing, supervision of listed companies and information disclosure, trading, market surveillance and member supervision, information dissemination and investor education. Moreover, its duty is to promote saving and long term financial planning for developing the economy.SET is a center for trading of listed securities without distributing any profit to members. Board of governors Regulatory Framework The SET Board of Governors is comprised of a maximum of eleven people, five of whom are appointed by the SEC, and five who are elected by SET members. The SET President, appointed by the Board, is an ex-officio member of the Board. The Board is also responsible for formulating the SET policies. Management The organizational chart of SET can be classified into two major parts which are Exchange Function and CMDF Function.Each function’s organizational structure can be seen below. | | SET's Role The Stock Exchange of Thailand has been continuously improved the management system of listed Thai companies to have good governance. SET was started to study about the roles  of audit committee in 1995 before the financial crisis. After that, it issued a listing requirement indicating that all listed companies have an audit committee in early 1998. In that year, the SET also issued a guideline namely â€Å"Code of Best Practices for Directors of Listed Companies† to be a guild role of audit committee.Two years later, the Good Corporate Governance Committee, consisting of representatives from a variety of professional organizations, disseminated a report on corporate governance which set a framework to be used by organizations in the Thai capital market for developing good corporate governance systems and practices. The Thai government designated the â€Å"Compass for Good Corporate Governance† and set up the National Corporate Governance Committee (NCGC). In the same year, SET also proposed fifteen principles of good corporate governance for listed companies to implement.The listed companies have to apply the fifteen principles and are required to demonstrate in their annual registration statement (Form 56-1) and annual reports starting from the accounting period ending December 31, 2002. In July 2002, the SET has established the Corporate Governance Center to help listed companies develop their corporate governance system. The Center provides consulting services to and exchanges ideas about corporate governance practices with directors and executives of listed c ompanies, as well as those of firms preparing to be listed companies.Corporate Governance Center Background The SET has established the Corporate Governance Center to support listed companies. It encourages the company to have good corporate governance and stakeholders include shareholders, suppliers, customers, creditors, employees, and the community etc. Corporate Governance Center builds to have confidence investment in Thai capital market which support the knowledge about corporate governance including the developing good corporate governance system and practices. . The Center of consulting service Giving advises and exchange idea about corporate governance practices with directors and executives of listed companies as well as those of firms preparing to be listed companies. 2. Corporate Governance Self Assessment Evaluation was followed by the rule of listing company 3. Producing and disseminating a variety of information and materials as guidelines. 4. Holding activities to he lp educate listed companies' directors and executives. Products and ServicesOne of the SET’s missions is to â€Å"Offer a wide range of attractive products and services to create value and match financial opportunities across different segments of business and investors. † SET has continuously developed new products and services and improved the system to satisfy needs of the investors. SET group supervises trading activities and market participants to ensure that the market is fair, orderly, and transparent. The products and services of SET are as following. Product The products that SET offers can be classified into 5 major categories; equities, bonds, derivatives, exchange-traded fund (ETF), and derivative warrants.The more details of each type are discussed as following. 1. Equities Equity trading is the trading of securities issued by public companies where shareholders have a direct stake in the company as well as the right to vote in shareholders’ meeting s. The secondary markets for equities trading are The Stock Exchange of Thailand (SET) and Market for Alternative Investment (MAI). Types of equities are ordinary shares, preferred share, warrants, unit trusts, non-voting depository receipt, and depository receipt (DR). SET and MAI are different in terms of the types of equities traded.On SET, investors can trade all types of equities, whereas on MAI preferred shares and depository receipt (DR) are not traded. Market for Alternative Investment or MAI was established in June 1999 in order to encourage the smaller firms with potential high growth and innovation. MAI serves as a new fund-raising source for such firms and new alternative investments for investors who are interested. The vision of MAI is â€Å"We strive to be the right and efficient exchange creating value for high potential, innovative and ventures companies in ASEAN. † The core values of MAI are to be focus, accountable, networking, zealous, and innovative. . Bo nds After a bond is issued and sold in the primary market, the bond can be electronically traded through Bond Electronic Exchange (BEX), where investors can buy and sell bonds. The market was first launched on November 26th, 2003, and its goal is â€Å"to develop all facets of the Thai bond market to reach an international standard, on par with other mature bond markets in the rest of the world†. 3. Derivatives Derivatives are traded through Thailand Futures Exchange or TFEX which was established on May 17th, 2004. TFEX play a big role in Thailand economy in stabilizing and sustaining financial market and corporates.Derivatives are used to protect companies from unanticipated change of underlying assets which might be the raw material of the company. In other words, TFEX allows investors to hedge their risk by utilizing derivative products. TFEX has continuously introduced new products to be traded on the market. Up to the present, TFEX has a total of 11 products in 5 categor ies, which are equity, interest rate, precious metal, energy, and currency. First category, equity derivatives have a total of 4 types, which are SET 50 Index Futures, SET 50 Index Options, Sector Index Futures, and Single Stock Future.Second, derivatives that are traded on interest rate are 3-Month BIBOR Futures, 6-Month THBFIX Futures, and 5-Year Government Bond Futures. Third, derivatives for precious metal are 10 Baht Gold Futures, 50 Baht Gold Futures, and Silver Futures. Forth, derivative on energy price is Brent Crude Oil Futures. Fifth, the currency derivative is USD Futures. 4. ETF Exchange-traded fund or ETF is an open-ended mutual fund which is traded on the stock exchange. Through brokers, ETF investors can buy and sell at any time during the trading hours at the prevailing price when the order is executed.The main difference between normal mutual funds and ETF is that mutual fund is normally traded via asset management company or a fund issuer at the end of the trading day while ETF has real-time NAV or Indicative NAV which is calculated throughout the trading hours. With the help of designated market maker or liquidity provider, it allows investors to trade at the market price at any time. ETF is a passive management fund since it basically invests in a basket of underlying stocks which can be SET 50 Index, a stock sector index, commodity index and commodity price such as gold price and oil price.Mostly, ETF is the replicate of a stock index, making the expense and management fee lower for ETF. In contrast, mutual fund is more active making the cost of management more expensive as well. 5. Derivative Warrants (DW) Derivative Warrants give the holder right to buy a stock or an underlying security at the pre-determined price within the stated period for certain quantity. The issuer of derivative warrant is a third party, not the issuer of the underlying securities. Warrants and Derivative Warrants are different in many aspects, as shown in the foll owing table Services 1. Information serviceDue to SET comprehensive, accurate and up-to-date source of Thai listed companies information, SET provides information service for customers who would like to access and disseminate trading or listed company information either with commercial or non-commercial purpose. Major customers of this service are member companies, data vendors, presses, academic institutes, mutual funds, governmental agencies and general investors. SET Information Service is classified into 3 categories; a. Datafeed (raw data for further application) b. SETSMART or SET Market Analysis and Reporting Tool c.IR website service for SET listed companies 2. Listing service on SET Companies that are interested in listing itself on SET have to meet many rules and regulations. Being a listed company gives the company many advantages. The company will have a larger source of long-term capital that is crucially important to enhance its operation, expansion and competitiveness . The company will obtain a better and positive public image due to its high standard and transparency giving the company with higher bargaining power and company’s credibility. Application fees| Initial fees| Annual fees| | THB 50,000| 0. 5% of paid-up capital ( With minimum and maximum of THB 100,000 – THB 3,000,000 )| Regressive rate varies with the level of paid up capital as follows:   | less than| THB 200 M. | at 0. 035 % of paid-up capital| THB 200 M. | < Capital

Law of Tort

4. 0 INTRODUCTION Occupiers' liability generally refers to the duty owed by land owners to those who come onto their land. However, the duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise. 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 rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for 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 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'.Different levels of protection are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control and not necessarily on any title to or property interest in the land.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 occupier is a question of fact and depends on the d egree of control exercised. The test applied is one of ‘occupational control' and there may be more than one occupier of the 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 stairs and hit his head.The stairs were steep and narrow. The handrail stopped two steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs. Richardson, who occupied the pub as a licensee. Held: 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 quest ion of whether a particular person is an occupier under the Act is whether they have occupational control. Lacon had only granted a license to the Richardson’s and had retained the right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.Lord Denning: â€Å"wherever a person has a sufficient degree of control over premises that he ought to realize that any failure on his part to use care may result in 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 † occupier † is under a duty to his † visitor † to use reasonable care. I n order to be an â€Å"occupier â€Å"it is not necessary for a person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he has some degree of control. He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other. † Physical 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 had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window. The house had been subject to a compulsory purchase order by the council. The house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.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. 1 Occupiers Liability Act 1957 The Occupiers Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or ai rcraft. The protected damage under the Occupiers Liability Act 1957 includes death, personal injury and damage to property. . 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. 1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S. 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 theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s. 2(6) Oc cupiers Liability Act 1957 – For example  a person entering to read the gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.This requires an awareness of the trespass and the danger: Lowery v 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 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. Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant ’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use the railway as a short cut. 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. 1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of Lords The 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 berries from one of the shrubs. The berries were poisonous and the boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered. 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 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 came to th e park. Swimming was not permitted in the lake and notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim. 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 also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license. There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on th e 1984 Act. The Court of Appeal had held that the council were liable but reduced the damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against the reduction. House of Lords held: The Council was not liable. No risk arose from the state of the premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action. He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957. He was of the opinion that the re was no duty to warn or take steps to prevent the 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 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. 4. 1. 1. 4 Non lawful visitors The 1957 Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on land owned by the defendant.The land was a public right of way. It was held that the defendan t was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability 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 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.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and was not therefore a lawful visitor of the defendant. 4. 1. 1. 5 The common duty of care The 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 care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the pre mises for the purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the child and level of understanding a child of that age may be expected to have. They may be more adventurous and may not understand the nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may b e relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British Railways Board [1983] 1 WLR 1427 House of Lords The Claimant, a 15 year old girl, was out walking with her boyfriend who was 16. They took a short cut across a railway line and they were both hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the Defendant was aware of the gap or would have been aware upon reasonable inspection. 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 du ty of care the defense of volenti under s. 2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuer's own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers' Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk. 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 line because of the presence of these trains? A. Yes. Q. Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A. Well, before my accident I never ever thought that it would happen to me, that I would never get 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 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 touch the boat and that if the owner did not claim the boat within 7 days it would be taken away. The council never took it away.The boys had been working on the boat for 6-7 weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys ha d jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984. The 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 claimant's appeal was allowed. The risk was that children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate. It requires determination in the context of an intense focus on the circumstances of each ca se. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe 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 berries from one of the shrubs. The berries were poisonous and the boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow Corporation was liable. Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 year old sister. He was not accompanied by an adult. He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume that prudent parents would not all ow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’. †¦The occupier is not entitled to assume that all children will, unless they 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 safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to 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 tho se persons who happen to have accessible pieces of land. † ii) S. 2(3)(b) Common calling ( Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr. Nathan as chimney sweeps to clean the flues in a central heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned them of the 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 and at one point ordered everybody out of the building due to the levels of carbon monoxide. The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.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 action under the Occupiers Liability Act 1957. Held: The defendant was not liable. The dangers were special risks ordinarily incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [19 83] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night. This caused a fire and the fire services were called to put out the fire. The claimant 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 defendant sought to escape liability by invoking s. 2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting fire but extended to ordinary risks.Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing apparatus and the usual fireman's protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a small hatch to get into the roof space. The heat within the roof space was intense.The Claimant suffered serious burn injuries to his upper body and face from scalding steam which must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the risk be exceptional. The defense of volenti had no application. Lord Bridge: â€Å"The duty of p rofessional firemen is to use their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training 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 doctrine 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 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) Occupiers Liability Act 1957 provides that a warning given to the visitor  will not b e treated as absolving the occupier of liability unless in all the circumstances it was enough to enable the visitor to be reasonably safe. The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v Blackmore [1972] 3 WLR 296 Mr. White was killed at a Jalopy car race due negligence in the way the safety ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Consequently he was catapulted 20 foot in the air and died from the injuries received. Mr. White was a driver in the race but at the time of the incident he was between races and standing close to his family. He had signed a competitors list whic h contained an exclusion clause.There was also a warning sign at the entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused. The programme also contained a similar clause. His widow brought an action against the organizer of the 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.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the vi sitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport. They like to see the competitors taking risks, but they do not 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 leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B. 206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q. B. 20B; Wooldridge v. Summers (1963) 2 Q. B. at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201. † 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 pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling. However, with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he had often played whereby he would go under water and then bob up to the surfa ce. However, he got into difficulty and drowned. The 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 for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious. There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated. The claimant and his fiance drifted from the 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 foo tpath.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 claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.The harbor wall was known as The Cobb and 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 area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop landing on rocks below. He brought an action based on the Occ upiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping. Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried out was  properly done and the contractor was competent. Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuance 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 breach of this term, Mr. Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers. He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable but that Mr.Spence and the Council were not liable. Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed. Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible 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. Whilst there was evidence t hat Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material. The 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 liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim for ? 5,000. Mrs. Gwilliam brought an action against the hospita l based on their failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to checking whether the independent contractor had insurance cover since this would be relevant to whether they were competent. 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. 3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is deci ded by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety. Exclusion of Liability   Ã‚  Ã‚  Ã¢â‚¬â€œ s. 2(1) 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. 2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imposes a duty on occupiers in relation to persons ‘other than his visitors' (S. 1 (1 ) (a) OLA 1984).This  includes trespassers 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 children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v. Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground. The defendant would often warn people off the land but the 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 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 safe when coming onto the land. The only duty was not to inflict harm willfully. Viscount Dunedin: â€Å"In the present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to malicious acting. † ‘Occupier' is given the same meaning as under the 1957 Act (S. 1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower 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. 1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1. 2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a 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. 1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.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 claiman t was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a risk but when the tide went out it was a danger. The claimant’s action was based on the Occupiers Liability Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic knowledge as a diver that he should check water levels and obstructions before diving. 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 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 particular claimant and on the particular occasion when the incident in fact occurred i. . when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged breach resulted in injury to the claimant. At the time Mr.Donoghue sustained his injury, Folkestone Properties 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. 4. 1. 2. 2 Standard of care S. 1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newber y [1996] 2 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 valuable items.The shed was subject to frequent breaking and vandalism. Mr. Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr. 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. Newbery awoke, picked up the shot gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed right through the arm and entered his chest. Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and was sentenced. Mr. Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered. Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was success ful but his damages were 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 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.It is sufficient for me to confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an intruder such as Mr. Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that there should be no duty at all owed to a trespa sser who was engaged in a serious criminal enterprise. Ratcliff v McConnell and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One 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. They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and its use prohibited between the hours of 10pm -6. 30am.There was a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep end stating ‘Deep end, shallow dive’. However, the boys did not see the signs because there was no light. The three boys undressed. The 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 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 claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law Reform (Contributory Negligence) Act 1945.The 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 cla imant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990. The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 1984. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it was the activity of diving into it which was unsafe. This was an obvious danger to which there was no 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 hours the College had offered a reasonable level of protection. 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 re lation to the warning to enable the visitor to be reasonably safe – contrast the provision under the 1957 Act. Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2. 3  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 Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety. Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legis lature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to ultimate consumers of the manufactured products. Over the years this duty was extended and refined and took on in practice some of the characteristics of strict liability. Parliament has now imposed such a strict liability on manufacturers under the Consumer Protection Act 1997.Although this act does not expressly have effect in place of the rules of common law( in the way that the Occupiers’ Liability Act do, in practice it affords more satisfactory remedies , and the narrow rule in Donoghue v Stevenson need no longer be studied in detail. 4. 3 Liability for employers An employee injured at work has three possible actions against the employer. i) An action in negligence for breach of the employerâ €™s duty of care. This is the concern this chapter ii) An action for breach of statutory duties imposed by parliament on the employer. The principles of the tort of breach of statutory duty will be explained later.The content of the various regulations prescribing safety equipments, clothing, procedures and so forth fall outside the syllabus and are part of a specialist course in employment law. iii) The employer may be vicariously liable for the torts committed by another employee. The principle of and the justifications for vicarious liability will be explained in detail later. For the present if is enough to note that an employer (even if not personally at fault) is in law answerable for the torts committed by employees in the course of their employment. The inter- relation between these actions is of some interest.Before 1948 an action based on vicarious liability was not available because of the doctrine of ‘common employment’. If A, an employee of X Ltd, tortu ously injured B, another employee of X ltd, then X Ltd would be liable to C, but not to B, because A and B were in the ‘common employment’ of X ltd. This doctrine provided protection for the employer against possible expensive tort claims. To offset this however the courts (a) modified the common law negligence action in a way that favored the employee and (b) permitted civil action for damages to be brought for breaches of safety regulations.The doctrine of common employment was abolished by statutes in 1948(Law Reform (Personal Injuries) Act 1948. So employees now have a vicarious liability claim and also the benefit of the modified common law action and actions for breach of statutory duty. The Nature of the Common Law Action The employer’s common law duty of care differs from the ordinary duty of care. It is said to be ‘non-delegable’. This is most clearly explained by Lord Hailsham of St Maryleborne in McDermid v Nash Dredging[1987] AC 906 as fo llows this special sense does not involve the proposition that the duty cannot be delegated in the sense that it is incapable of being the subject of delegation, but only that the employer cannot escape liability if the duty has been delegated and then not properly performed’. The facts of the case were that M was employed as a deckhand, by the defendants, but was sent by them to work on a ship operated by a different company (in fact the parent company of the defendants). He was seriously injured when the captain of the ship (not an employee of the defendants) carelessly operated the safety systems.The defendants were liable because their duty had been delegated to the employees of the parent company and not properly performed. Details of this area would be discussed when looking at vicarious liability. But in summary it is worth noting that employers owe a duty of care to their employees, but this duty is different in nature from the normal duty of care, being described as non-delegable. Court are now developing principles under which employees can also recover for the effects of work related stress. ==================================END========================================