Law of Tort

Question: Whether Anna in the Present Case Could File a Case against Trevor for the Act of Negligence or not? Answer: Introduction Under the law of Tort, the term tort has been established from a Latin term for harm, and the aim of a claim for tort was basically to recover damages from the individual by the act of whom the other person has suffered harm. Though there have been different kinds of torts but the main tort which prevails in majority of cases was the tort of negligence (Hobart Community Legal Service, 2013). Negligence has been an unintentional tort wherein an individual was harmed as a consequence of the actions of other individual (Pearson Education, 2010). As per the view of Winfield, Negligence has been defined as a tort under which there was the contravention of a lawful obligation to take care which results in harm, undesired by the respondent towards the claimant (Legal Services Commission of South Australia, 2017). Negligence in its lawful sense have been defined as a failure in law to do act which a sensible individual would have done in the situations. It was in the precedent case of Donoghue v Stevenson[1932] AC 562 that the modern law of negligence was established (E-Lawresources,2017). But it was also stated in this case that for proving a act to be done negligently there have been 4 different elements which must be present. Also, the burden of proving an act to be done negligently have been imposed upon the claimant. So, in order to prove negligence against other individual a claimant must show that (McCormick and Murphy, 2017): Obligation of Care: There was a duty imposed upon the respondent in the situations to take reasonable care; Violation of Duty to take Care: It was the act or inaction of the respondent in the prevailing situations did not meet the standard of care which would have been taken by a reasonable person in such cases; Harm suffered: The harm or damage have been caused to the claimant in the situations which a reasonable individual could have been predicted to anticipate; Causation: The harm was suffered by the claimant by the contravention of the duty which was owed on the respondent to fulfill (Larson, 2016). In Tame v NSW (2002) 211 CLR 317 it was concluded that the law takes no cognizance of the act of negligence in the manner of summary. It distresses itself with negligence only where there was a obligation to take sensible care and where failure in that obligation has caused harm. Duty The lawful obligation of a respondent towards a claimant was founded on the failure of the respondent in order to fulfill a duty which was renowned under law of which claimant was the anticipated recipient. The primary element which would be bear in mind for determining the existence of a lawfully documented liability was the idea of a duty. So, under the law of negligence the word used for such a liability was the duty of care (Rottenstein Law Group, 2017). But a person would be liable for negligence, even if he or she did not act with rational care if they did not had a obligation towards the other person. So, under the tort law the concept of duty to take care was utilized in order to restrict the situations where a respondent was accountable for the harm of the claimant (Find Law, 2017). The concept of duty of care has been regarded as the situations and the associations which were recognized under law as providing a growth to a lawful obligation to take care. A failure to take sensible care could conclude in the respondent being accountable to pay compensations to a person who suffered harm as s consequence of their contravention of the obligation of care. As a result, it would be essential for the plaintiff to prove that the respondent owed a duty to take reasonable care towards them. It was in Donoghue v Stevenson [1932] AC 562, that the subsistence of a concept of duty of care for private harm and property harm was formerly decided by the judges (Hopcraft, 2015). In another matter of Caparo Industries Plc v Dickman [1990] 2 AC 605, the judges took into consideration the situations in which a duty of care may occur. The tribunal outlined 3 major problems which a tribunal must take in view to institute whether or not a duty to take reasonable care was present or not. The 3 problems which must be there were: There must be a sensible prudence of getting hurt; There must be adequate closeness of connection among the claimant and the respondent; It must be just, and reasonable to obligate a duty to take care. In Rylands v Fletcher (1868) LR 3 HL 330 it was concluded that where there was a physical harm than obligation would comparatively easy to be recognized. Therefore, in the current situation it could be stated that Trevor was a operator of the tour and was responsible for the harm of the people who were there on the trip. As a result, Anna being a member among the people who were there so, Trevor would said to have a duty of care towards her. Breach In order to establish a obligation under negligence, the claimant must depict on the equilibrium of chances that the respondent owed towards the claimant a obligation of care. Such an obligation to take care was violated by failing to meet the standard of care which was necessary and as a consequence harm was suffered by the claimant which was not too remote. As, once it has been recognized that the respondent owed a duty towards the claimant than the matter of whether or not that duty was breached must be settled (Australian Government, 2017). Breach of obligation therefore, needs the respondent to have been at error by not fulfilling their duty of taking reasonable care towards the claimant. But in shaping whether an obligation of taking care has been violated could be done by taking into consideration that whether the required standard of care have been taken or not. Contravention of duty was not restricted to the experts or the individual under a written or a oral agreement. But also all the people of the community have an obligation to exercise sensible concern towards other individual and their belongings. So, an individual who employs in activities that pose an irrational danger towards other people and their belongings that in fact concludes in injury then such a person would be regarded in violation of his duty (The Law Handbook 2016, 2017). In the case of Bolton v. Stone [1951] AC 850 it was recognized that a respondent was not be regarded as neglectful if the harm to the claimant was not a reasonable predictable result of his conduct. Also, it was stated that although the claimant suffered harm but she did not have a lawful assertion as the risk was not adequately predictable. So, it was confirmed by the judges that in deciding whether the respondent has acted sensibly or was in violation of duty would be based upon 4 factors such as there was: Probability of injury; Seriousness of injury; Cost of deterrence; Utility of the conduct of the respondent. In Paris V Stepney Borough Council [1951] Ac 367 it was held that the chance of the harm taking place was very small though but its effects were very grave. So, the defendant should have taken additional concern to grant goggles for the plaintiff. In the current scenerio, there was a clear breach of duty of care on the part of Trevor which he owed towards Anna as she was a part of the team members on the trip and he left the team members alone and went for some work. As Trevor got busy with another work and due to his lack of attention Anna suffered harm. Also, it was dark in the evening when the team returned and it was clearly observed by Trevor that there was situation to have foreseeable harm due to a Frogmouth perched in a tree so there was a lack of duty. So, Trevor should have advised the members of such harm. And Trevor did not told the members about the harm so it could be concluded that there was a clear contravention of his obligation to take care towards all of the members. So, a consequence of such act Annas heal was caught on a tree root due to which she endured knee harm therefore, Trevor would be regarded to be in breach. Damage Damages for the harm which has been suffered by the claimant could be claimed by him against the respondent if it would be established that the respondent have violated his duty towards the claimant under law (Bits of law, 2013). If a person wants to claim damages from a person for the injury caused by the negligent act of such person then the claimant must show that: The respondent acted in a negligent way and was found to be guilty of not fulfilling his duty which he owed towards the claimant; Then evaluation of the sum of proper damages which would be granted would be done by the court. The court would make a differentiation on the point that damages would be considered as special or general damages (Bits of Law, 2013). Special damages: It includes paid off out-of-pocket costs. It comprises of medical and ambulance price, and many more. General damages: It includes loss of earning capability in the future, tenderness and pain, etc. But in this case, damages would not be paid off to Anna as she was contributory negligent. Because the harm caused to Anna was not only due to the negligent act of Trevor but also due to her own carelessness. So, Trevor had taken defence of Contributory negligence. Defence Even when a case have been brought against the respondent stating that he acted in negligent way, Then also he has a defense to take i.e contributory negligence. Also, such a defense could be taken only when the respondent could prove that thought he was neglectful on his part but the claimant also did not take reasonable care in protecting herself and have exposed herself to danger (Find Law, 2017). Basically, against a claim of claimant against the respondent there have been 3 defenses which he could take but mainly the defense which was taken in the case of negligence was contributory negligence. As per the need of this concept of contributory negligence it was clearly confirmed that if a person has failed to take rational care for his own safety or harm then such a person would be said to be contributory negligent (Laws, 2017). In Badger v Ministry of Defence [2005] QBD D it was concluded that as the claimant himself did not take rational care for his own security so he would be contributory negligent against a defendant for his loss and as a result could not claim compensation. So, in the present scenario, though it was Trevor had a obligation of care towards all the members as when Anna removed her shoes and wore other shoes he was watching the rare Marbled Frogmouth perched in a tree which could have caused anticipated harm. But he did not warn her so he was negligent on his part. At the same time, he could held Anna also contributory negligent as Trevor told all the members previously that they must wear shoes which was provided but she abandoned to follow so there was a obvious act of contributory negligence. Remedies So, as in the cases of negligence the remedy provided majorly was the grant of damages but not where there was a predictable harm. But in this case, there would be fewer amounts of damages which would be paid as there was contributory negligence on the part of both the parties (Legal Aid, 2015). In Overseas Tankship (UK) v Morts Dock and Engineering Co (The Wagon Mound) (1961) it was upheld that the respondents were not held liable as the harm caused was predictable. Conclusion At the end it could be concluded that in current scenario as the injury which was caused was predictable and it was the claimant himself who did not take care of her own protection, so there was a collaborative error on the part of both the individuals. But there was a contravention of the obligation on the part of Trevor to take case as he left the members alone at a new place. But in the case if Anna it would be considered that as Trevor told to all the members that they must wear shoes as it was risky and it was her who inaccurately ignored his orders. So, she could not claim Trevor completely liable for the harm. References Australian Government. (2017) Fault. [Online] Australian law Reform Commission. Available from: https://www.alrc.gov.au/publications/7-fault/negligence [Accessed on 22/2/17] Bits of law. (2013) Damage: Causation. [Online] Bits of law. Available from: https://www.bitsoflaw.org/tort/negligence/study-note/degree/damage-causation-factual-legal [Accessed on 22/2/17] Bits of Law. (2013) Remedies: Damages. [Online] Bits of Law. Available from: https://www.bitsoflaw.org/tort/negligence/study-note/degree/remedies-damages-principles-special-general [Accessed on 22/2/17] E-Lawresources. (2017) Negligence. [Online] E-Lawresources. Available from: https://e-lawresources.co.uk/Negligence.php [Accessed on 22/2/17] Find Law. (2017) Contributory and Comparative Negligence. [Online] Find Law. Available from: https://injury.findlaw.com/accident-injury-law/contributory-and-comparative-negligence.html [Accessed on 22/2/17] Find Law. (2017) Elements of a Negligence Case. [Online] Find Law. Available from: https://injury.findlaw.com/accident-injury-law/elements-of-a-negligence-case.html [Accessed on 22/2/17] Hobart Community Legal Service. (2013) Negligence and the Duty of Care. [Online] Hobart Community Legal Service. Available from: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/negligence-and-duty-care [Accessed on 22/2/17] Hopcraft, S. (2015) What is the definition of negligence?. [Online] Wright Hassall.Available from: https://www.wrighthassall.co.uk/knowledge/legal-articles/2015/04/23/what-definition-negligence/ [Accessed on 22/2/17] Larson, A. (2016) Negligence and Tort Law. [Online] Expert Law. Available from: https://www.expertlaw.com/library/personal_injury/negligence.html [Accessed on 22/2/17] Laws. (2017) Contributory Negligence. [Online] Laws. Available from: https://negligence.laws.com/contributory-negligence [Accessed on 22/2/17] Legal Aid. (2015) Negligence. [Online] Legal Aid. Available from:https://www.legalaid.wa.gov.au/InformationAboutTheLaw/BirthLifeandDeath/Personalinjury/Pages/Negligence.aspx [Accessed on 22/2/17] Legal Services Commission of South Australia. (2017) What is negligence?. [Online] Legal Services Commission of South Australia. Available from: https://www.lawhandbook.sa.gov.au/ch29s05s01.php [Accessed on 22/2/17] McCormick and Murphy. (2017) Understanding the 4 Elements of Negligence. [Online] McCormick and Murphy. Available from: https://www.mccormickmurphy.com/diy/liability/negligence/ [Accessed on 22/2/17] Pearson Education. (2010) Negligence and Unintentional Torts. [Online] Pearson Education. Available from: https://wps.prenhall.com/ca_ph_blair_law_1/2/538/137983.cw/index.html [Accessed on 22/2/17] Rottenstein Law Group. (2017) What is negligence?. [Online] Rottenstein Law Group. Available from: https://www.rotlaw.com/legal-library/what-is-negligence/ [Accessed on 22/2/17] The Law Handbook 2016. (2017) Negligence, liability and damages. [Online] The Law Handbook 2016. Available from: https://www.lawhandbook.org.au/10_01_01_negligence_liability_and_damages/ [Accessed on 22/2/17]

Understanding Acculturation and Why It Happens

Understanding Acculturation and Why It Happens Acculturation is a process through which a person or group from one culture comes to adopt the practices and values of another culture, while still retaining their own distinct culture. This process is most commonly discussed regarding a minority culture adopting elements of the majority culture, as is typically the case with  immigrant groups that are culturally or ethnically distinct from the majority in the place to which they have immigrated. However, acculturation is a two-way process, so those within the majority culture often adopt elements of minority cultures with  which they come into contact. The process plays out between groups where neither is necessarily a majority or a minority. It can happen at both group and individual levels and can occur as a result of in-person contact or contact through art, literature, or media. Acculturation is not the same as the process of assimilation, though some people use the words interchangeably. Assimilation can be an eventual outcome of the acculturation process, but the process  can have other outcomes as well, including rejection, integration, marginalization, and transmutation. Acculturation Defined Acculturation is a process of cultural contact and exchange through which a person or group comes to adopt certain values and practices of a culture that is not originally their own, to a greater or lesser extent. The result is that the original culture of the  person or group remains, but it is changed by this process. When the process is at its most extreme, assimilation occurs wherein the original culture is wholly abandoned and the new culture adopted in its place. However, other outcomes can also occur that fall along a spectrum from minor  change to total change, and these include separation, integration, marginalization, and transmutation. The first known use of the term acculturation within the social sciences was by John Wesley Powell in a report for the U.S. Bureau of Ethnology in 1880. Powell later defined the term as the psychological changes that occur within a person due to cultural exchange that occurs as a result of extended contact between different cultures. Powell observed that, while they exchange cultural elements, each retains its own unique culture. Later, in the early 20th century, acculturation became a focus of American sociologists who used ethnography to study  the lives of immigrants and the extent to which they integrated into U.S. society. W.I Thomas and Florian Znaniecki examined this process with Polish immigrants in Chicago in their 1918 study The Polish Peasant in Europe and America. Others, including Robert E. Park and Ernest W. Burgess, focused their research and theories on the outcome of this process known as assimilation. While these early sociologists focused on the process of acculturation experienced by immigrants, and also by Black Americans within predominantly white society, sociologists today are more attuned to the two-way nature of cultural exchange and adoption that happens through the process of acculturation. Acculturation at Group and Individual Levels At the group level, acculturation  entails the widespread adoption of the values, practices, forms of art, and technologies of another culture. These can range from the adoption of ideas, beliefs, and ideology to  the large-scale inclusion of foods and styles of cuisines from other cultures. For example, the embrace of Mexican, Chinese, and Indian cuisines within the U.S. This includes the simultaneous adoption of mainstream American foods and meals by immigrant populations. Acculturation at the group level can also entail the cultural exchange of clothing and fashions, and of language. This happens when immigrant groups learn and adopt the language of their new home, or when certain phrases and words from a foreign language make their way into common usage. Sometimes, leaders within a culture make a conscious decision to adopt the technologies or practices of another for reasons associated with efficiency and progress. At the individual level, acculturation may involve all the same things that occur at the group level, but the motives and circumstances may differ. For example,  people who travel to foreign lands where the culture differs from their own, and who spend extended periods of time there, are likely to engage in the process of acculturation, whether intentionally or not, in order to learn and experience new things, enjoy their stay, and reduce the social friction that can arise from cultural differences. Similarly, first-generation immigrants often consciously engage in the process of acculturation as they settle into their new community in order to succeed socially and economically. In fact, immigrants are often compelled by law to acculturate in many places, with requirements to learn the language and the laws of society, and in some cases, with new laws that govern dress and covering of the body. People who move between social classes and the separate and different spaces they inhabit also often experience acculturation on both voluntary and required basis. This is the case for many first-generation college students who suddenly find themselves among peers who have been socialized already to understand the norms and culture of higher education, or for students from poor and working-class families who find themselves surrounded by wealthy peers at well-funded private colleges and universities. How Acculturation Differs from Assimilation Though they are often used interchangeably, acculturation and assimilation are two different things. Assimilation can be an eventual outcome of acculturation, but it doesnt have to be. Also, assimilation is often a largely one-way process, rather than the two-way process of cultural exchange that is acculturation. Assimilation is the process by which a person or group adopts a new culture that virtually replaces their original culture, leaving only trace elements behind, at most. The word means to make similar, and at the end of the process, the person or group will be culturally indistinguishable from those culturally native to the  society into which it has assimilated. Assimilation, as a process and an outcome, is common among immigrant populations that seek to blend in with the existing fabric of society. The process can be quick or gradual, unfolding over the years, depending on the context and circumstances. Consider, for example, how a third-generation Vietnamese American who grew up in Chicago differs culturally from a Vietnamese person living in rural Vietnam. Five Different Strategies and Outcomes of Acculturation Acculturation can take different forms and have different outcomes, depending on the strategy adopted by the people or groups involved in the exchange of culture. The strategy used will be determined by whether the person or group believes it is important to maintain their original culture, and how important it is to them to establish and maintain relationships with the greater community and society whose culture differs from their own. The four different combinations of answers to these questions lead to five different strategies and outcomes of acculturation. Assimilation. This strategy is used when little to no importance is placed on maintaining the original culture, and great importance is put on fitting in and developing relationships with the new culture. The outcome is that the person or group is, eventually, culturally indistinguishable from the culture into which they have assimilated. This type of acculturation is likely to occur in societies that are considered melting pots into which new members are absorbed.Separation. This strategy is used when little to no importance is placed on embracing the new culture, and high importance is placed on maintaining the original culture. The outcome is that the original culture is maintained while the new culture is rejected. This type of acculturation is likely to occur in culturally or racially segregated societies.Integration. This strategy is used when both maintaining the original culture and adapting to the new one are considered important. This is a common strategy of acculturation a nd can be observed among many immigrant communities and those with a high proportion of ethnic or racial minorities. Those who use this strategy might be thought of as bicultural and may be known to code-switch when moving between different cultural groups. This is the norm in what are considered multicultural societies. Marginalization. This strategy is used by those who place no importance on either maintaining their original culture or adopting the new one. The result is that the person or group is marginalized - pushed aside, overlooked, and forgotten by the rest of society. This can occur in societies where cultural exclusion is practiced, thus making it difficult or unappealing for a culturally different person to integrate.Transmutation. This strategy is used by those who place importance on both maintaining their original culture and on adopting the new culture - but rather than integrating two different cultures into their daily lives, those who do this create a third culture (a blend of the old and the new).

Eastern Connecticut State University Admissions

Eastern Connecticut State University Admissions Eastern Connecticut State University Admissions Overview: 58% of applicants are accepted to Eastern Connecticut State University each year, making it an accessible school to many. Applicants will need solid grades and an impressive resume/application to be admitted. To apply, prospective students may use the Common Application, or can visit the schools website for Easterns application form. Additional materials include high school transcripts, letters of recommendations, and (optional) scores from the SAT or ACT. Admissions Data (2016): Eastern Connecticut State Acceptance Rate: 58%Test Scores 25th / 75th PercentileSAT Critical Reading: - / -SAT Math: - / -SAT Writing: - / -What these SAT numbers meanCompare SAT scores for Connecticut collegesACT Composite: - / -ACT English: - / -ACT Math: - / -Compare ACT scores for Connecticut colleges Eastern Connecticut State University Description: Eastern Connecticut State University, often called simply Eastern, is the designated  public liberal arts college  of the Connecticut State University System. The 182-acre wooded campus is located in Willimantic, about 30 minutes from Hartford and 45 minutes from Providence. Both Boston and New York City are easily accessible. The university has a largely undergraduate focus and takes pride in the broad liberal arts foundation of its academic programs. Undergraduates can choose from 35 majors with business and psychology being most popular. Academics are supported by a 15 to 1 student / faculty ratio and an average class size of 23. For motivated and self-directed students who want a major that brings together multiple disciplines, Eastern offers a popular individualized major. Life on campus is active with over 60 student clubs and organizations, and on the athletic front the Eastern Warriors compete in the NCAA Division III Little East Conference. The university fields seven me ns and ten womens intercollegiate sports. Enrollment (2016): Total Enrollment: 5,362  (5,171 undergraduates)Gender Breakdown: 44% Male / 56% Female83% Full-time Costs (2016 - 17): Tuition and Fees: $10,500  (in-state); $23,361 (out-of-state)Books: $1,000 (why so much?)Room and Board: $12,559Other Expenses: $2,251Total Cost: $26,310  (in-state); $39,171 (out-of-state) Eastern Connecticut State University Financial Aid (2015- 16): Percentage of New Students Receiving Aid: 92%Percentage of New Students Receiving Types of AidGrants: 77%Loans: 76%Average Amount of AidGrants: $7,111Loans: $7,121 Academic Programs: Most Popular Majors:  Accounting, Art, Biology, Business, Communication, English, General Studies, Individualized Major, Psychology, Social Work, Sociology Graduation and Retention Rates: First Year Student Retention (full-time students): 76%4-Year Graduation Rate: 42%6-Year Graduation Rate: 54% Intercollegiate Athletic Programs: Mens Sports:  Soccer, Lacrosse, Basketball, Track and Field, Baseball, Cross CountryWomens Sports:  Track and Field, Lacrosse, Softball, Soccer, Volleyball, Swimming, Cross Country, Basketball, Field Hockey   Data Source: National Center for Educational Statistics If You Like Eastern, You May Also Like These Schools: Roger Williams University: ProfileRhode Island College: ProfileAlbertus Magnus College: Profile  Southern Connecticut State University: Profile  Mitchell College: Profile  University of Hartford: Profile | GPA-SAT-ACT GraphUniversity of Bridgeport: Profile  Yale University: Profile | GPA-SAT-ACT GraphEndicott College: Profile | GPA-SAT-ACT GraphUniversity of Rhode Island: Profile | GPA-SAT-ACT Graph

Epic theater, a comaritive analysis Essay Example | Topics and Well Written Essays - 1500 words

Epic theater, a comaritive analysis - Essay Example As he is introduced, his presence evokes an image of the fallen, a prevalent theme throughout the French Revolution. As the story of the French Revolution is told by historians and enhanced by paintings, illustrations, and live action recreations of the events, The French Revolution: Liberte, Egalite, Fraternite -A New Republic is Born in Blood, creates a film experience that breaths life into the historical figures of the French Revolution. While the causes of the French Revolution can be linked across many theoretical and philosophical constructs, the main cause was created from an economic crisis. As in most cases, the people were motivated to act because of a lack of stability which caused a lack of food. Of the many reasons that can motivate people into action, the one that denies them the basic needs of survival will most often inspire the quickest movement toward a radicalization. The film describes the events that surround the impending crisis that is setting up France for a time when flour, a staple of bread making which is a food staple for the French, prices would skyrocket, creating a circumstance where a loaf of bread becomes worth a month’s salary [1]. By using live action recreations and illustrations from the time period, a connection can be made by the audience to the impact of starvation on a people who is not properly represented or supported. Mention is made of Marie Antoinette’s â€Å"most famous line she never said . . . Let them eat cake† [2]. The line was a commentary on the feelings of the French people to their queen, and while the film mentions that she never said such a thing, it is made clear that her excesses are what led this line to be associated with her. The film displays a series of examples of the excesses in which she indulged, including illustrations of overly exaggerated hairstyles that could stand several feet tall. In the midst of a country that was

Scriptural Hermeneutics, Ricoeur's thoughts, and theological method of Essay

Scriptural Hermeneutics, Ricoeur's thoughts, and theological method of Lonergan - Essay Example Ricoeur felt interpreting texts, events, and symbols that showed the human condition was a necessity in order to obtain understanding. He argued that a final explanation, while it is able to complement understanding, â€Å"does not answer the task of understanding† (â€Å"Rocoeur†). By exploring this belief as well as other modern philosophies, Ricoeur made significant contributions and influenced scholarship not just in hermeneutics, but nearly all the human sciences. St. Thomas Aquinas’ theological philosophy was that knowledge is revealed to humans by God and is conditioned by humans in addition to being imparted by God. He believed both reason and faith were means to attaining divine truth. The principles he integrated into his philosophy were based on the philosophies of Aristotle and Plato. Aquinas’ views led to the philosophical school of thought called Thomism (â€Å"Thomas†). Like Aquinas, Bernard Lonergan believed in the philosophy of Thom ism. He strongly advocated that judgment was not subjective but objective. He also believed that reason as well as the proper practice of theology could lead to divine truth and a better life. Also, like Aquinas, Lonergan viewed theology as a science and desired to integrate theology and philosophy (Tracy, 299).

Management By Objectives MBO Commerce Essay

Management By Objectives MBO Commerce Essay According to George Odiome, MBO is a process whereby superior and subordinate managers of an Organization jointly define its common goals, define each individuals major areas of responsibility in terms of results expected of him and use these measures as guides for operating the unit and assessing the contribution of each of its members. Management by objectives was first popularized by Peter Drucker in 1954 book The Practice of Management. Drucker drafted MBOs as an approach to get the management and employees to jointly set goals to achieve known as objectives. The main purpose for setting objectives was to give both the managers and employees a clear understanding of what they were expected to do in the organization in order to achieve the objectives set. The objectives were set during certain time periods which at the end of the period two evaluative performances are carried out to determine the extent to which the set objectives had been achieved. An example of an objective includes attaining a sales or profit target by the end of a financial year. In the modern world of business where gaining competitive over competitors has became one of the main goals by organization, Management by Objective has become one of the most widely accepted philosophy of management as stated by Gaurav Akrani 2010. One of the factors that has made MBO the most acceptable management approach is its demanding and rewarding styles of management. MBO further received recognition when it becomes an integral part of The HP way. Hewlett-Packard incorporated this management technique at every level within the company; managers had to develop objectives and integrate them with those of other mangers and of the company as a whole. (The Economist, 2009) This approach focuses attention on the achievement of objectives through involvement of the concerned parties. For example trough building strong team spirit as MBO is mainly based on the assumption that people achieve more when they know what is expected of them and can relate their personal goals to organizat ional objectives. Other features of MBO include good subordinate participation, joint goal setting, support and encouragement from top level manager to subordinates. MBO is a democratic style of management approach where every subordinate is involved and encouraged to participate towards achieving organizational objectives. MBO is an approach to planning that aims to overcome barriers that might stop an organization from achieving its objectives. It involves the setting up of goals by managers and their subordinate working together by specifying responsibilities and assigning authority for achieving the goals. The final step involves constant monitoring of performance so as to initiate continuous improvement. Features of Management of Objectives The following are the prominent characteristics of MBO All activities are goal oriented. The first important feature of the MBO is that under it all the activities happen to be goal-oriented (Dr.R.Singla 2010-11). This means that MBO concentrates on the determination of unit and individual goals in with organizational goals. These goals set state responsibilities of different parts of the organization and help to coordinate the organization with its parts and its environment. Integration among Organizational, Departmental and Objectives: the basis of the MBO is setting of Objectives jointly by the supervisors and subordinates and their effective realization (Dr.R.Singla 2010-11) With the MBO approach the objectives are decide in the following order Figure 1 Organizational Objectives Department Objectives Personal Objectives The above figure shows that first of all the objectives of the organization are set. Then the departmental objectives are decided which must be in line with the objective of the organization. The third sub step is personal objectives which involves individual objectives being determined first before departmental objectives can be achieved. To sum it up this process is followed to minimize clashes or oppositions at any level regarding the determined objectives. MBO views organization as Dynamic Entity: this feature considers the organization as a dynamic entity. This means that every organization is affected by various external and internal factors therefore the organization is considered to be a dynamic unit. The dynamic nature affects the objectives which as a result make it possible that the objectives set today may not be realized. In such an event the organization might be forced act swiftly to change its objectives MBO is a Participative Attempt: the MBO process is characterized by high level of participation of the concerned people in goal setting and performance appraisal (Kuldeep 2010). Increased participation provides the opportunity to influence decisions and make clear job relationship with managers and their subordinates. MBO Matches the Objectives and Resources: The objectives set when the MBO approach is adopted by organization are based on the resources available so as to avoid having incomplete tasks or activities because of the lack of resources. Dr.R.Singla. (2010-11). MBO is a Philosophy and not a Technique: MBO is not a technique of management but its a philosophy, because a technique can only be applied or used in a one department and its effects will only be felt on the particular department. For example an inventory technique can only be used in relation to stock control and it cannot be used in another department like HRM. MBO gives more emphasis to Review and Performance Appraisal: regular appraisal of the work performance of employees form one the important characteristics of MBO. This Philosophy helps observe whether all the employees are performing at the expected level and also identify if there is any impediments in their work performance. MBO provides more freedom to Subordinates: with MBO Philosophy the subordinates are not only associated with the task of coming up with the objectives but they also get complete freedom in the performance of their work. This philosophy gives them the right to make decisions related to their designation and as a result this increases their importance which improves their interest and job satisfaction. MBO gives more emphasis to results and not to work: with the MBO philosophy more focus is given to results. The subordinates have the freedom to choose which technique to adopt to achieve the final result. This means that the subordinates are expected to give the best possible results regardless of the technique used. Steps in Management by Objectives Planning Peter Drucker identified fives steps for MBO as shown in figure 1 http://www.mindtools.com/media/MBO.jpg Source (http://www.mindtools.com) The five steps explained Set of organizational Objectives: this is the first step which involves setting of the organizational objectives. Objective setting begins with the conducting of an internal and external analysis to determine the level of efficiency, threats and opportunities. Cascading Objective Down to Employees: This second stages involves communicating of the set goals and objectives from the top level management to subordinates till they reach everyone. Drucker used the SMART acronym to make as a tool to make the make MBO objective setting more effective so as to set goals that were attainable and to which workers felt accountable to For example the founder of Microsoft corporation Bill Gates adopted a MBO approach to keep every employee informed the about the companys objectives by following the guidelines below Eliminate politics, by giving everybody the same message. Keep a flat organization in which all issues are discussed openly. Insist on clear and direct communication Prevent competing Missions or objectives Eliminate rivalry between different parts of the organization Empower teams to do their own things Source (www.1000advices.com) Encourage Participation in Goal Setting: step three aims to get everyone to understand how their personal goals fit in with the objective of the organization. This is done when goals and objectives at all levels are shared and discussed so as to get everyone understand how things are conducted and then sets their own goals that are in line with the organization objectives. Monitor: this stage involves developing actions plans after setting objectives, it is important to establish a proper monitoring system which keeps track of the progress made towards achieving the set goals, the monitoring system helps the organization identify deviations or barriers that could slow down the organization from achieving its goals. If any barriers are identified then the corrective actions are taken to set the organization on the right course Evaluate and Reward Performance. This last step involves rewarding the desired performance. MBOs main focus is to improve performance at all levels so as to achieve higher efficiency. In order to ensure this happen a good evaluation system has to be put in place to evaluate employees performance and in turn motivate employees as they strive to achieve the set objectives. Advantages of Management by Objectives Over the years since Peter Drucker popularized this philosophy it has become one of the widely adopted by organizations because of the various advantages One of the advantages of MBO is that it improves resource and activity management (Rahman 2009). This leads to better utilization of available of resources and this can be beneficial to the organization in many ways. One is the increase in efficiency which reduces wastage and improves productivity which as a result would lead to increased profits for the organization. The second advantage is that MBO keeps every employee informed. Since all the employees in the organizations are encouraged to participate in setting the objectives, all of them know their responsibilities. This guides employees to work better as their responsibilities are clearly outlined and reduce the possibility of them going off track The third advantage is that MBO improves employees motivation. Involving all employees in decision making make employees feel valued by the organization and due to this employee commitment is improved. This can good for the organization because a motivated and committed workforce will strive to do their best and in turn help the organization achieve its desired results. The forth advantage of MBO is that it facilitates effective control. Due to the continuous monitoring approach employed by MBO this can be useful in guiding the organization to achieve better results. The Monitoring system can be used to by the organization to gauge the performance against the laid down standard and undesired deviations are corrected in time. The fifth advantage of MBO is that it encourages innovations. (Drucker, P. (1986). The MBO philosophy puts more focus on the results in order to achieve the objectives rather than procedure to achieve the objectives. This gives subordinates freedom on how, which method to employ in order to achieve the required results. This can be beneficial to the organization as innovation help an organization gain competitive advantage trough new ideas and products. Disadvantages of Management by Objectives However as much Management by Objective may be beneficial to organizations there some limitations or disadvantages worth being mentioned. The first disadvantage is that MBO put employees under pressure. MBO being a result focused philosophy pressure is exerted on all the levels of the organization so as to attain the objectives. This might a bad thing for the organization as pressured employees might be stressed out due to the emphasis put on results within the organization and this could lead to high labour turnover. This could cost the organization a fortune as the organization could be forced to recruit and train new employees. The second disadvantage is that MBO is time consuming. In order for MBO to be successful regular meetings and exchange of reports have to be conducted. This means managers have to speed a lot time in attending and preparing reports for the meetings while they could be focusing in performing important tasks that are over looked. These over looked could create a hindrance of in attaining the objectives laid down. The third disadvantage is that MBO puts more importance to short term objectives. In order for an organization to achieve it ultimate goals and success the long term and short term goals should be given equal importance. However the MBO philosophy tends to give more attentions to the short term objectives and due to this employees are more concerned by the short term objectives. This creates a situation where they want to be successful at any cost within the shortest time possible and such a situation could be costly to the organization in the long run. CONCLUSION Management by Objectives might be seen as an outdated management philosophy by modern managers today but I believe it still has a place in modern management.If carefully aligned with the culture of the organization MBO can be quite beneficial to the any organization as from this report the advantages out weight the disadvantages. Also For example Intel has been successive due to the use of MBO However as stated by Drucker MBO is just another tool. It is not the great cure for management inefficiency à ¢Ã¢â€š ¬Ã‚ ¦ Management by objectives works if you know the objectives: 90% of the time you dont. In order for MBO to be successful in Modern management managers and subordinates must closely work together to constantly update their short term and long term objectives from time to time due to the ever change business environment. Also an effective communication structure has to be place to as to allow managers and subordinates to easily set and communicate objectives to all concerned e mployees.

An interpretation of Love in Chang-Rae Lee’s “A Gesture Life”

Love, as they say moves in mysterious ways, we can say that it really did in Chang-Rae Lee’s novel â€Å"A Gesture Life.† The novel was basically about the life of Franklin â€Å"Doc† Hata and his reminiscing of his colorful and interesting past to restore his present life. The bulk of the narrative was mostly about how Hata expresses his love for the other characters in the novel. Interestingly, â€Å"A Gesture Life† is certainly not the kind of story that portrays love in a typical manner. It is quite amusing that there are lots of ironies if love was to be discussed in this book . This essay will show the readers that the desire for love in â€Å"A Gesture Life† had ironically hindered the acquisition of love. The novel of Chang-Rae Lee was basically about probably the worst kind of tragedy there is, not being loved by everyone even by oneself. If we are to classify the different forms of love in â€Å"A Gesture Life,† there are lots of technical terms that are always related to the concept of love like agape, pragmatic love, eros, complex chemical reactions and terms like pheromones and dopamine, and lots of scientific terms that few of us comprehends. This essay will only employ types of love that is understandable by all for the purpose of keeping this essay from being too general. This essay will focus on the main character’s love for the other characters and concepts in his life. But the essay will not settle for mere descriptions of the protagonist’s love, it will show the reader how love had been distorted and given meanings by the traumas that the protagonist had suffered during the war. The first kind of love from the novel is the love for acceptance. The protagonist Hata, had been begging (although he didn’t express this explicitly) for acceptance from the people in his life and his neighborhood. Hata was too careful about everything he does in his neighborhood. That is because he doesn’t want to commit mistakes that could get him noticed. He wanted a low-profile life in his neighborhood because he has this assumption that he will be the target of discrimination in the community. But contrary to what Hata is thinking, the citizen’s of his community, Bedley Run, appears to like Hata, but in the way Hata wants them to like him. Hata was treated like an Oriental mascot because the people in Bedley Run seem to like him only for the differences he and most of the people in Bedley Run share. Hata speaks of his love for acceptance in his community, â€Å"†¦my assumption is that once I settle in†¦I will be treated like as people should be treated† (Lee 3).   His assumptions of being accepted was brutally debunked by what had transpired during his stay in Bedley Run, â€Å"It seems to me that people took a weird interest in making me feel that I am unwelcome† (Lee 3) Hata’s love for acceptance didn’t end with his failed attempt with his neighborhood. It appears that Hata’s love for his adopted daughter Sunny, whom he had adopted when he was still in Korea when Sunny was just a child. While Sunny was growing up, she and her father were having endless disputes. In the long run, Sunny ran away from home even when she was just a teenager. Later in the story, Hata will have the chance to make up with her daughter. Sunny went back to Hata and asks for support for she was pregnant. Irritatingly, Hata denied Sunny’s plea for support. Hata had prioritized more his and his family’s reputation more than the well being of her daughter. It appears that even though Hata loves her daughter, his family’s reputation weighs more than the affection of his daughter. This is Hata’s real and unfortunate dilemma. He had stated several times in the narrative that he loves her daughter very much, but still he is quite unable show his love. After this he will contemplate heavily as to why his life is devoid of love, he will contemplate heavily as to why his life is remote to the lives of the ones he dears most. Hata’s weird and unproductive approach to love will backfire at him at the most tragic of scenarios. Hata had accidentally brought his house on fire and he was hurt in the fire and was hospitalized. After that he was caught in a web of nostalgia, he reminisced about the time he served as a paramedic in an army camp in the pacific war. There he had fallen in love with a certain woman whom he calls â€Å"K† who was about the same age as her adopted daughter Sunny. He had loved K as genuinely a man could love a woman. He was even willing to die and kill for K as she had committed murder and Hata was willing to offer help in covering up. But then, just like in the bulk of the story, Hata’s love remains unrequited. K had viewed his love as having ill intentions. K thought that Hata was only after her youth and was only after sex. This tragic memory of Hata had some great effects in later in his life especially the relationships he had, especially with her daughter. In a weird but true manner, Hata’s kind of loves are real and unfortunately remains unrequited. Hata’s situation is what we see everyday happening to real people. That is just the truthfulness that made this story a success. The novel â€Å"A Gesture Life† may have been talking about the tragic life of Hata when it comes to love, but what it was actually talking about is how some people find it very hard to be loved just because they themselves find it hard to love others. In the story, Hata seems to be the kind of person who never knew the feeling of being loved. He has this hunger to be loved by the people around him. This for me is one of the reasons why many people find it easy to empathize with the character of Hata. Work Cited Lee, Chang-Rae. A Gesture Life. CA: Riverhead books. 1999