Punishments in Primitive Soceity Essay

Introduction: The most usual criteria for punishment in primitive societies is the principle of â€Å"Eye for an eye†. According to this principle if a person has taken the eye of another the chief orders that the eye of the criminal should be taken.Blood for blood is the ancient principle of retribution in primitive societies. Thus punishment is based on retributive principle. This is so since most of the tribal people believe that crime is a violation of divine system or rules. Hence it is believed that the criminal is evil and should be given suitable punishment so that he may become free from evil.The evil souls must be punished. Besides retribution, another basis for punishment is compensation of the loss. Punishment in the form of fine is usually based on this principle. A fine is imposed since it compensates the loss.But the most important principle in the primitive system of punishment is the principle of collective responsibility.According to this principle punishment is not necessarily awarded to the individual who has committed the crime but his family, clan and local group may also be punished. For example, punishment of death is given for a murder, but this punishment may not be awarded to him who has murdered.In his place some other member of his family, group or clan may be killed since the group is collectively responsible for the criminal act of each member. CHARACTERISTICS OF PRIMITIVE LAWS It is a part of natural and supernatural principles. It is based on kinship types. It is originated from the moral and ethical notions and public opinion. In primitive law there is no difference between civil law and criminal law. Primitive law doesn’t distinguishes between crimes and torts, public and private issues. It gives importance to sin and supernatural punishments. In here kinship group looks after law, therefore, there is collective responsibility for protecting the law. Kinds of Evidence (a) Oath. The offender has to take an oath and then he is asked to state whether he has committed the offence or not. It is generally believed that, if the offender tells a lie, he falls a prey to the supernatural anger for taking a false oath. (b) Ordeal. Sometimes the persons accused are put to torture in primitive societies before the declaration of judgment in criminal cases. If the accused persons escape without injury, they are acquitted as they are supposed to be not guilty. Kinds of Punishment 1. Different types of punishment are prevalent in different primitive societies. While in some societies compensation and social extermination are the more usual punishments, in other societies different types of physical injuries are inflicted as punishment. Similarly, in some societies fines are imposed and community feast is demanded to wipe off the crime. 2. Capital sentence is generally given in a case of homicide; but sometimes the death penalty is given to one of his family members or to one of his kins instead of inflicting it up to the person who has actually committed homicide. 3. They-believe that it is not the individual who is regarded to have been wronged but the whole kin-group to which he belonged and his kin-group, therefore avenges itself on the kin- group of the accused and not necessarily on the accused himself. 4. In some other societies the criminal is publicly insulted by blackening his face and carrying him through the entire village seated on a donkey. In America, in a tribe an unfaithful wife is given the punishment of death by drowning in water. In an Uganda tribe there is provision of jail for the criminal. The criminal, however, can be set free for a night. 5. If the crime is very serious the criminal is fixed to a pole till he dies. Murder is usually punished by capital punishment but most of the tribes do not have the provision for hanging till death. The provision for jail, however, is very exceptional. Usually, one does not find prison houses in tribal societies. 6. The misbehavior done to an ordinary individual is lightly punished, when the same misbehavior done to a chieftain is punished severely. For example, adultery with the wife of a king or chieftain is a capital crime and punished with death whereas adultery with some ordinary individual is not punished so severely. 7. The punishment of imposing a fine is not found among the punishments for crimes in primitive societies. Where fines are charged in a primitive society, they are paid by way of compensation to the aggrieved party. 8. The accused, very often, has to give a feast to the whole village in compensation for his crime. Even in case where fines are paid by way of compensation for the wrong done, attention is paid to the person who has done the wrong as well as to the person who has been wronged, if a person of a low standard offends a person of a high status, the find imposed is very heavy. But, if a person of a high status offends an ordinary person, the amount of compensation is very small.

Differences Between Female Japanese and English Mill Workers Essay

Despite the fact that Japan and England had many similarities with female mill workers, they still had a few differences. They basically had young children and women working in big dangerous factories making thread or in mines. So how were their experiences different? Female Japanese workers had to work more, they got paid less, and they accepted the role that their society gave them. Compared to English women mill workers, Japanese women worked more. English female workers only worked about 74 hours a week and Japanese female workers worker 91 hours a week (Document 5). This was because the Japanese workers worked longer each day, had less holidays, and worked on weekends (Document 8). English female workers had more breaks, worked shorter hours each day, and did not work on weekends. This is a big difference between female English and Japanese mill workers. Even though in both England and Japan women got pair less than men, Japanese women got paid even less than English women. This is a reason why they had so many workers. Since they paid them less they would be able to hire more workers and increase their production rate. Even though they got paid less, it was for the same reason. Why would they want to pay women less? They paid women less because the women needed money and they would accept any amount given to them (Document 8). Japan and England have different ways they treat women and because of that the Japanese women accepted almost everything they went through in the mills. In Japan the women were treated a little less fairly. Japanese women were more willing to accept their role in society because they couldn’t do much about it (Document 8).This is the reason that female Japanese mill workers got low pay and worked more hours. In their society the men were respected more and had more freedom. Female Japanese workers had to work more, they got paid less, and they accepted the role that their society gave them. Although their situations were almost the same, the different cultures had a big part to do with the way women were treated while working. England treated their women with more respect while Japan just thought that women needed to support their families by working all the time. This is important because it was a way for people to discriminate against women and make them work at bad places with low pay and many working hours.

Chose one of the options in the instructions sheet Essay

Chose one of the options in the instructions sheet - Essay Example The society has realized a new implied meaning that can dictate the growing need for a society that does not have a way of checking on its developmental statuses. The important thing is to look at the impact of this growth based on the critical theory as noted by Max Horkheimer. People come together to form a society that operates within a set of predetermined rules. The main goal is to ensure that people have a shared custom and beliefs that will see them improve, formulate strong relationships and construct strong social gatherings. The important aspect is to understand how to check on the growing attributes and decide whether the society is growing according to what it believes in. Human beings have to note that critical theory asserts the need to critique the society based on the interactions that people have (James & Szeman 90). This implies creating and enhancing the growing liberation of those who feel entangled in the growth process. The society has a growing need to input new thought and feelings in its people, and the only way this has managed to remain a goal in many parts of the world is the current innovation and utility of the Internet. The Internet has changed the way people socialize and communicate. Unlike in the past when the mothers had to train their daughters on womanhood and fathers had to take charge of their sons, the Internet is now a hub of all kinds of information. Teenagers, for example, are looking for advice from the internet and not from their parents. Parents instead of sitting and talking with their children also seek advice from online psychics on how to deal with their children. The Internet, in essence, has revolutionized the way the society interacts (James & Szeman 98-9). The major problem is that this invention has made it easier to maximize on the communication aspect from a global front, where automation of services has lessened the communication time amongst parties in

David la chapelle photographic series jesus is my homeboy Essay

David la chapelle photographic series jesus is my homeboy - Essay Example Furthermore, such individuals would have been Jesus’ closest companions and most truthful group of disciples. The product of his imagination or speculation saw the creation of a set of six photos labeled, as â€Å"Jesus is my Homeboy.† In 2003, the album was published in British magazine i-D. After the publication, the album was displayed in London and Moritz, Switzerland in 2008 (Jaeger, 85). On an analytical and literary note, La Chapelle’s photos were a series of illustrations that freed from fundamentalists. Such philosophers and theorists viewed Jesus’ teachings as a judgmental and condemning platform that could not uplift the lives of other people in the society (LaChapelle, Mercurio, Torres & Belvedere, 91). Unlike many pieces of artwork of Jesus during modernism, La Chapelle makes it clear that his photographs are not implied to be ironic, shocking or blasphemous in any way. Instead, La Chapelle uses the photographs to express a beautiful sensation and the genuineness of his own belief in Jesus Christ. On the contrary, most observers of La Chapelle’s â€Å"Jesus is my Homeboy† photos say they illustrate the exact opposite. A majority of observers to describe the album â€Å"Jesus is my Homeboy† (Jaeger, 93) has used literary features, such as humor, sarcasm and symbolism. The subjects surrounding Jesus implied that the society is not supposed to cast out or retract from such individuals. Instead, the society should invite and embrace these individuals into the normal system while still making an effort to show similar tenderness and compassion Jesus portrays (LaChapelle, Mercurio, Torres & Belvedere, 164). According to La Chapelle, the leading objective of this set of photographs was to assist in dismissing the judgmentalism from fundamentalists (Jaeger, 221). Therefore, La Chapelle believed he could accomplish this be presenting Jesus in the contemporary society surrounded by the outcasts of the current community. Similar to biblical references, Jesus was surrounded by societal outcasts such as lepers, Samaritans and demon-posses people. The subjects on photos in the set â€Å"Jesus is my Homeboy† have put on modern fashion statements such as do-rags and sweats, tattoos and piercings. These garments and adornments are affiliated with a group of contemporary society in need of mental and social help. In other words, the degenerated or rebellious group of society has been placed closest to a religious deity. Even though La Chapelle’s implication was not of a criminal nature, multi-ethnicity amongst the youths is an accomplishment well defined by the photographs. Apparently, all youths posing as subjects in the photographs are of rap and hip-hop culture. The rap and hip-hop culture constitutes of a group that is regularly stigmatizes by their appearance, fashion and interaction. In the United States, many people not belonging or affiliated with such a culture would fear interacting with individuals embracing such a culture because of the fear conjured up by their character. Ironically, Jesus can see beyond typecasts and invites all such individuals into his companionship (La Chapelle, Mercurio, Torres & Belvedere, 104). Aside from irony, humor develops from the traditional image that Jesus retains in the photos. Despite being in the twenty-first century, Jesus’ image retains the historic characteristic that has been

French Immigration Law through a European perspective. An analysis of Dissertation

French Immigration Law through a European perspective. An analysis of the right to free movement of EU Nationals in France - Dissertation Example European citizenship shall be conferred upon any person holding the nationality of a Member State and shall be known as citizens of the European Union however such citizenship shall be additional to and not intended to replace national citizenship. And, as EU citizens, they shall have the right to move and reside freely within the territory of the Member States; the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence under the same conditions as nationals of that State; the right to enjoy the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State; and the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language. In consonance with the foregoing rights of the EU citizens, European Parliament and Council Directive 2004/38/EC of 29 April 2004 was issued to govern the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It is the tasked of this dissertation to determine whether the freedom of movement and residence of EU citizens within the Member States is absolute by presenting the national immigration policies of a Member State which for this purpose shall be France. This dissertation shall endeavor to resolve whether the EU laws and directives on the free movement and residence are mandatory in character and in cases of transgressions, the EU has the power and authority to mete penalties or sanctions against the erring Member States. The French government restructured its immigration system by virtue of Act No. 2006-911 of 24 July 2006, otherwise known as the Immigration and Integration Law 2006. The newly enacted law implements a more stringent immigration policy against illegal migrants including EU citizens belonging to the Roma community. At the forefront is France’s systematic campaign against the Roma community by dismantling its camps and deporting them en masse for real or imagined violations. And worse, the expulsions were implemented without compliance to substantive and procedural due process. The Amnesty International (AI) and the United Nation Commission on Human Rights (UNCHR) have publicly denounced the discriminatory and racial misconduct against them by the French government. Instead of heeding the appeal of the international bodies, France justified its extreme action of the deporting

Finance in the Hospitality Industry Assignment Example | Topics and Well Written Essays - 4250 words

Finance in the Hospitality Industry - Assignment Example Owner’s capital, however, is in most cases limited since the sole trader may not have adequate savings to finance capital expenditure. Ploughing back profits involves re-investing the income from the business. Profits for reinvestment are readily available in the business provided the business earns profits. The opportunity cost of reinvesting capital is lower compared to other sources of capital (Fields, 2011). Ploughing back profits will help the sole trader avoid the huge costs of interest paid on bank loans and leasing of the required machinery. The only disadvantage of this source of capital is that it is not always available, especially during periods when the business is not making the profit. Banks provide short-term, medium-term and long-term finances to the businesses. Banks will finance all asset needs of the trader including working capital, equipment and machinery. Bank loans are usually readily available sources of capital expenditure (Fields, 2011). This is because banks are always ready to invest in businesses in terms of providing the loan to earn interest. Another advantage of banks is that they offer some degree of flexibility such that the borrower can pay off the loan early and terminate the contract to avoid accumulation of interest (Drury, 2003). Banks, however, require huge interest rates and collateral, which limits the accessibility of these finances. This implies that the sole trader will need to work hard in order to generate enough cash flow to cover the interest payments and return the principal. Additionally, banks will require assurance of payment by requiring personal guarantees and secured interest on personal assets. Friends and relatives can support sole traders when establishing business enterprises. They can provide finances for buying capital goods. As a sole trader, I can either receive the full some for buying the required machinery or contribute a proportion of the  £50,000.  Ã‚  

Male Verses Female Leaders Essay Example | Topics and Well Written Essays - 500 words

Male Verses Female Leaders - Essay Example The men believe that the decisions should quickly get across the board while the women tend to be smooth within their leadership perspectives. Their leadership styles bank a great deal on how their tasks get done with their own perspectives. Since men believe that they can be aggressive and are good at it, their work and hence the leadership angle is filled with a hard-hitting approach while the exact opposite is the case with women who do it mildly, thinking time and again on the decisions they are about to undertake. When it comes to the two sexes, the leadership styles are sometimes shared within them. Some women tend to be good at leadership by being hard-hitting in their approach while some men like to do it in a mild way nonetheless (Winter 2001). What is most important here is the approach adopted by both of these sexes in order to showcase their control and take the responsibility for the leadership roles that they have played all this while. I believe that men are better leaders than women. This is based on pure research more than my intent. I am of the view that since men have been better leaders up till this time, it is only natural to credit them with praise when the discussion centers on the premise of who makes a better leader between the two sexes. The world has started to view things differently however. First it was all about men being in pertinent positions but this is not the case any more as more and more women are taking up the leadership roles and that too for the betterment of not only their professional domains but also the organizations that they work for. I would prefer to work for a male leader more than a woman because I believe the male leaders take everything into their grasps before taking a decision which could be regarded as one that is purely from a leadership perspective. My opinion is based on my prior work experiences where I had this woman leader who did not know what to do and how to work

CSR WEB REPORTING Essay Example | Topics and Well Written Essays - 11000 words

CSR WEB REPORTING - Essay Example The corporate need to communicate information regarding corporate social responsibility practices at regular periods. There are various ways to do the same. One of them is web reporting. The web reporting of corporate social responsibility is relatively unexplored area. This paper discusses various issue related to corporate social responsibility, internet and web reporting and analyses the web reporting pattern of five companies from different sectors and parts of the world. Every organisation must function within the context of society and community. Concepts like competence, competitiveness, and profitability are the key to a successful organisation. Along with these comes the all-important aspect of responsibility. An organisations needs to adopt a responsible attitude not merely when dealing with employees, clients and shareholders but also its other stakeholders too. The image and success of an organisation is reflected in its commitment towards society, the commonly used term for which is Corporate Social Responsibility or CSR. Organisations have their own inner and external environment to manage. The management aspects of both the environments require transparency and proper information sharing. There are various factors that constitute together the concept â€Å"Corporate Social Responsibility†. Corporate social responsibility is an integral part of the wealth creation process. The paper first covers issues related to corporate social responsibility in the Section 1. Various views regarding the concept are discussed here. The next section elaborates the role of Internet and web reporting at present. One of the reasons of growing web responsibility in present scenario is the growing number of Internet users. Internet provides a faster mean of communication and information sharing. The information sharing has a great impact on stakeholders. Internet has provided a fast mean

What do Investors Look for in a Business Plan Dos and Donts in a Thesis

What do Investors Look for in a Business Plan Dos and Donts in a Business Plan - Thesis Example This analysis supports the entrepreneur in his decision on what to do next in the process of execution. Thus planning reveals whether it is justifiable to continue with the venture or abandon it. This makes business plans one of the most widely regarded aspects of pre-startup planning (Honig & Karlsson, 2004). The value of planning cannot be questioned because most investors wish to see a business plan first which helps them decided whether to invest or not (Mason & Stark, 2004). However, entrepreneurs, being young and inexperienced, are unable to define their businesses in line with the business plans. The poor business plans that they draw up do not reflect their business objectives. Because of the lack of knowledge and information the business plans do not reflect the mission, objectives, plan of action and financial projections in a manner to attract investors. These challenges lead to greater issues and may even lead to abandoning of projects. They may realize that lack of planning is the cause but by this time they have ended burning up valuable resources such as time and money. A business plan defines how the venture is expected to operate in the current environment. A business plan is essential for both internal and external purposes. Entrepreneurs may have brilliant ideas to start a new venture. They may also have the resources to implement their ideas. However, unless the ideas and plans are compiled together it could soon become confusing for the entrepreneurs as well. Planning is an opportunity evaluation and is important for an entrepreneur who is faced with the decision to enter the market. Therefore, a business plan is absolutely necessary to start a new venture, to attract investors and more importantly, to make the entrepreneurs aware of what they expect to achieve from their business activities. Awe (2006) refers to the Webster definition of an entrepreneur and describes it as â€Å"one who organizes, manages and assumes the risks of

A Critique of Sir Anthony Hopkins's Oscar winning performance of Essay

A Critique of Sir Anthony Hopkins's Oscar winning performance of Hannibal Lecter in 'The Silence of The Lambs' - Essay Example 3 Hannibal was by all accounts an evil, savage, cannibal and serial killer and yet he became an enthralling, and often sympathetic character.4 The fact that a psychiatrist who murders and then eats his patients could become such a captivating character is puzzling.When Hopkins meets the FBI agent for the first time,I could not help thinking that he while he seemed to be toying with her,he had some degree of respect and suspicion in his interaction with her and Hopkins gave these impressions through body language and inflection.At one point he winked at her as if to share a private joke and at another point,he smiled at her,giving the impression that he had normal feelings.In my opinion, Hopkins brought a very complex character to life in a realistic and convincing way.Lecter was â€Å"psychopathic personality evidenced by his superficial charm,manipulativeness and lack of remorse of empathy for the victims†.For example, when the agent interviewing Lecter mentioned that serial killers usually kept a relic of their victims, Lecter interjected, â€Å"I didn’t† in a matter of fact way. ... After all, Lecter was previously portrayed by actor Brian Cross and introduced him to the screen, it was Hopkins’ Lecter that made the greatest impression and immortalized him.7 Hannibal Lecter was a brutal cannibal and there was nothing sympathetic about the character and it was not intended that Lecter was sympathetic. Lecter is â€Å"revoltingly evil, a characterization brought chillingly to life for millions by Anthony Hopkins† in Silence of the Lamb.8 For example when discussing the murder of a former patient, Lecter denies killing his patient but states without emotion that it was best for him â€Å"as his therapy was going nowhere anyway†. However, Barr explains that Hopkins was brilliant in how he chose to play Lecter.9 Hopkins portrayed an ordinary man who did extraordinary deeds and came across as a man you would not run away from if you happened to come across him on the streets. I observed this in his demeanour as he urged the FBI agent in training to show her credentials and when she did, he urged her to come closer, as if he did not think she should fear a man like him. In other words, Hopkins played Lecter as though, Lecter thought of himself as normal and this brought both sympathy to the character and made him likable and evil all at the same time. One acting technique that Hopkins brought to the character of Lecter was his refusal to judge the character. As Hopkins himself said: †¦As an actor, I can’t judge because moral judgement gets in the way of the characterization. If you start doing that, you end up playing the character like a zombie or a vauderville villain.10 In other words, Hopkins took and inside-out approach to his portrayal of Lecter. He portrayed the character by

Citibank Budgeting Essay Example for Free

Citibank Budgeting Essay 1. Analysis of Budget Process at Citibank Direction and control of Citibank’s international branches are conducted via two formal management processes. Each year, top management sets sovereign risk limits for its independent branches based on proposals by country managers. Country managers may choose to operate with self-imposed limits below this upper guideline. Following, there is the budget setting process, where headquarters only provides administrative guidelines but not specific targets, with operating managers being responsible for budgets for the following year. Indonesia often set their targets above these long-term goals. Performance is measured and compared against the budget each month, and a new forecast, which will be reviewed by the division manager, is drawn up each quarter for the remainder of the year. This structure of bottom-up budgeting is appropriate for a decentralized firm like Citibank. This is evident from the freedom Mr Mistri has over Indonesia’s operations and the different business segments and divisions, as shown in Exhibit 2 3. Such a participative process is likely to increase management commitment to achieve the targets since country managers are responsible for influencing their own targets. More importantly, country managers know the local business environment and culture better than group managers, therefore their targets are likely to be more accurate and realistic. Furthermore, bottom-up budgeting is a form of action control while the frequent reviews of the budgets serves as preaction review. Both facilitate information sharing within the organisation, with long-term strategic goals of the firm being communicated downwards and local business potentials and risks conveyed upwards via the budgets and forecasts. They also encourage managers to think further ahead about what they want to achieve in the near future. However, Citibank’s budgeting process appears to have an imbalanced focus with most of the emphasis placed only on financial measures. Although these measures can be easily obtained and are inexpensive because they are by-products of the accounting system, it does not fully represent all aspects of the organization’s strategies and goals. Instead, the budget could be restructured to include other non-financial aspects such as customer satisfaction and employee morale to obtain a balance, which will be vital towards the long term success of Citibank. None of Citibank’s budget items extend beyond the next year; instead there is an emphasis on a fixed short horizon. This can result in managers developing a myopic focus instead of measuring the fulfilment of Citibank’s long-term goals or the local government’s societal expectations. Myopia is aggravated by the monthly performance reviews which reveals the focus on short term goals. Citibank should look at its budget with a longer horizon. Moreover, the budgeting process in Citibank appears to be tedious and too time-consuming. The requirement for operating managers to conduct discussions and forecast all the line items shown on the submission form seems to take up significant time and effort. Such a process could be costly for the firm in terms of opportunity costs related to unnecessary time and resources spent. The benefits of such a tedious budgeting process must be high enough to justify the related costs. Also, there seems to be no connection and a mismatch between the two management processes. It is only reasonable that these two processes should go hand in hand as higher returns may only be possible with a higher risk appetite. However, increase in profit goals is not matched by an increase in risk tolerance (sovereign risk limit). Moreover, sovereign risk limits is set yearly but not adjusted when budgets are revised each quarter. Citibank should consider allowing country/division managers to adjust risk limits to match any revisions in budgets during the year. Use of the Budget for Performance Evaluation of Managers Performance is monitored every month against budgets, and incentive compensation for managers were linked to budget-related performance. Incentive compensation could range up to approximately 70% of base salary although awards of 30-35% were more typical. Assignment of bonuses were based approximately 30% on corporate performance and 70% on individual performance, primarily performance related to forecast. This emphasizes results accountability as it involves rewarding the managers for generating good results that are aligned to the budgets. As such, it influences actions because it causes employees to be concerned about the consequences of the actions they take. However, the contradiction in this is that while these managers will not be constrained in what actions they can take to achieve their goals, they are also empowered to take whatever actions they believe will best produce these desired results. Hence, it is highly dependent on personnel controls with regards to the managers hired. Provided that budgets were adequately set with appropriately extent of goal difficulty, these budgets act as results controls and affects a manager’s motivation since the targets are linked to performance evaluations and compensation. Furthermore, it is beneficial that manager’s compensation is tied directly to both individual(70%) and corporate performance(30%), allowing a larger perspective to be considered. Differentiation of base earnings from extraordinary earnings for which managers are not held accountable for is in line with the controllability principle. This is vital because setting performance targets to attain for each measure allows the managers to assess their performance and also get rewarded, encouraging behaviors that lead to desired results. As such, this will promise manager rewards that provide the most powerful motivational effects in the most cost effective ways possible. However, performance evaluations based on budgeted information is backward looking (extrapolating past trends) while it is best that the evaluations be forward looking. It should be evaluated based on the future cash flow/profits that can be brought to the firm instead of historical performance to promote a higher performance in the future. Furthermore, as their compensation is tied to meeting targets, it might promote game-playing and politics. As for Citibank, their culture encourages aggressive mark-ups to budget with managers constantly setting challenging budgets. For Mr Mistri, he will feel the extra pressure since the aggressive targets can barely be met with the deteriorating conditions in Indonesia. In conclusion, the current budget and performance evaluation system, which is mainly bottom up with top down guidance, matches the decentralized structure of Citibank. Although there seems to be trade-offs and problems with Citibank’s current bottom up budgeting system, there is no perfect budget system to optimally serve all the different purposes of budgeting. What Citibank can do is to put in place measures to minimize some of these shortcomings. 2. Are managers at Citibank committed to achieving budget targets? Yes, managers are committed as a result of their freedom to set their own budgets subject to guidelines provided by top management. Mr Mistri can choose to operate with a self imposed sovereign risk limit which is lower than the one approved by the New York Headquarter if he thinks that the one set by the top management is too aggressive. The fact that he has control over this means that he will be less pressurised to set unrealistic goals or engage in budget slacks. These will garner higher commitment from managers since the budgets set are not restrictive and offer flexibility to managers according to the business conditions. The commitment to achieve targets is augmented as incentive compensation for managers is linked to budget-related performance. Thus they will work towards getting more incentives for themselves through surpassing the budgeted forecast. On the other hand, the amount of commitment may be limited by the constant revision of budgets each quarter. Managers may be less motivated to hit their budget target if they know that those targets can be revised lower in the next quarter if performance was unsatisfactory. In addition, the frequent changes may make managers unfocused and reduce their motivation to work towards the goals set. If so, are the budget targets too challenging? The targets may prove to be too challenging. This can be shown by the fact that although incentive compensation could range up to 70% of base salary, awards of 30-35% were more typical, implying that it may be difficult to surpass the budgeted levels. Furthermore, Mr Mistri felt that the increased profit goal by $500K to $1mil set by Mr Gibson is too much as the budget he submitted is already very aggressive, judging by the bleak short term outlook due to the decrease in oil prices. This is supported by the self-imposed sovereign risk limit that Mr Mistri is operating at in order to minimise his exposure which will reduce the likelihood of the firm achieving higher returns due to the lower risk. We also doubt the achievability of the budget set. Though the forecasts and budgets are set by the operating managers themselves, we have to take into consideration Citibank’s risk-taking culture. While challenging targets induce motivation, the aggressive year-on-year increase in targets might prove to be detrimental to the achievement of the firm’s strategic objectives. Firstly, this is especially so when targets are not adjusted in times of bad macroeconomic conditions. With the incentive compensation for managers linked to budget-related performance, it seems that managers might be motivated to set unrealistic targets and employ excessively risky methods to accomplish them. Such a system would eventually serve to promote short-term gains at the expense of long-term losses for the organisation. In addition, the practice of comparing actual performance to budgeted amount monthly is too short termed and may render managers to become myopic. This may encourage managers to engage in gamesmanship such as earnings management, manipulating data to receive additional bonuses especially towards the end of a quarter. Is there any evidence of budget gaming? Yes, there is evidence of budget gaming. The main reason Mr Mistri used to justify his less than ideal budget (as compared to Mr Gibson’s) is likely to be false and there are unhealthy motivations for him to engage in such behaviour. Mr Mistri justified his budget by claiming that the Indonesian economy had slipped into a recession when oil prices decreased significantly. This is supported by the fact that Citibank’s Indonesian operations growth paralleled that of the Indonesian economy. However, evidence in Exhibit 4 suggests otherwise, revealing both the net and inflation-adjusted GDP of Indonesia to be increasing steadily over time. Even in 1983, GDP increased 5%. Moreover, a fall in oil prices will not necessarily lead to a recession. As such, Mr Mistri’s concerns are unlikely to be true and a simple check by the group managers would have allowed this to be uncovered. Moreover, even though Indonesia’s economy is highly dependent on oil prices, a fall in oil prices is also likely to affect Citibank’s other operations in different regions. The group managers will probably have considered this effect when setting the $4mil profit goal for South East Asia. In our opinion, Mr Mistri is likely to be acting as a Sandbagger. By presenting less ambitious budgets, there will be higher likelihood of positive variances in actual performance. Given that compensation is tied to budget-related performance, such gaming behavior will probably increase Mr Mistri’s bonuses and salary. Another motive for budget gaming could be to cover up the ongoing high staff turnover problem with the bad economic conditions. Mr Mistri just lost his chief of staff and two senior officers, and is concerned with constraints to growth due to his lack of experienced staff. This could in turn affect his bonus and salary. Since managers are not accountable for extraordinary earnings or losses at Citibank, by blaming the external economy (recession) for a less aggressive budget rather than on internal problems, his bonuses will not be affected. Furthermore, Mr Minstri has the freedom to operate at a sovereign risk limit lower than the group’s since country managers are given substantial autonomy in deciding their country’s budget and risk limits. He is likely to be able to get away with a less than optimal budget if his group manager trusts him. This way, his budget gaming behavior will escape the suspicions of Mr Gibson and other group/division managers.

The Net Domestic Products (NDP) Equals The Gross Dmestic Product (GDP) Essay Example for Free

The Net Domestic Products (NDP) Equals The Gross Dmestic Product (GDP) Essay The net domestic product (NDP) equals the gross domestic product (GDP) minus depreciation on a countrys capital goods. Net domestic product accounts for capital that has been consumed over the year in the form of housing, vehicle, or machinery deterioration. The depreciation accounted for is often referred to as capital consumption allowance and represents the amount of capital that would be needed to replace those depreciated assets. If the country is not able to replace the capital stock lost through depreciation, then GDP will fall. In addition, a growing gap between GDP and NDP indicates increasing obsolescence of capital goods, while a narrowing gap means that the condition of capital stock in the country is improving. Gross domestic product (GDP) is the market value of all officially recognized final goods and services produced within a country in a given period of time. GDP per capita is often considered an indicator of a countrys standard of living;[2][3] GDP per capita is not a measure of personal income (See Standard of living and GDP). Under economic theory, GDP per capita exactly equals the gross domestic income (GDI) per capita (See Gross domestic income). GDP is related to national accounts, a subject in macroeconomics. GDP is not to be confused with gross national product (GNP) which allocates production based on ownership. The University Grants Commission (UGC) of India is a statutory organisation set up by Union government in 1956, for the coordination, determination and maintenance of standards of university education. It provides recognition for universities in India, and provides funds for government-recognised universities and colleges. Prof. Ved Prakash, a noted academician and education administrator, is the Chairman of UGC, India. Its headquarters are in New Delhi, and six regional centres in Pune, Bhopal, Kolkata, Hyderabad, Guwahati and Bangalore.

The Reinsurance Expected Loss Cost Formula

The Reinsurance Expected Loss Cost Formula ELCF is the excess loss cost factor (as a percentage of total lost cost). PCP is the primary company/subject premium. PCPLR is the primary company permissible loss ratio (including any loss adjustment expenses covered as a part of loss) RCF is the rate correction factor which is the reinsurers adjustment for the estimated adequacy or inadequacy of the primary rate Given that the coverage of this treaty is per-occurrence, we must also weigh the manual difference rate for the clash exposure. In order to determine the reinsurers excess share the ALAE is added to each claim, and therefore claims from policy limits which are below the attachment point will be introduced into the excess layer. The reinsure may have own data that describe the bi-variate distribution of indemnity and ALAE, or such information can be obtained from ISO or similar organization outside of United States of America. With these data the reinsurer is able to construct the increased limits tables with ALAE added to the loss instead of residing in its entirety in the basic limits coverage. Another more simple alternative is to adjust the manual increased limits factors so that they to account for the addition of the ALAE to the loss. A basic way of doing this is to use the assumption that the ALAE for each and every claim is a deterministic function of indemnity amount for the claim, which means adding exactly ÃŽÂ ³% to each claim value for the range of claim sizes that are near the layer of interest. This ÃŽÂ ³ factor is smaller than the overall ratio of ALAE to ground-up indemnity loss, as much of the total ALAE relates to small claims or claims closed with no indemnity. Assumption: when ALAE is added to loss, every claim with indemnity greater than $300,000 = (1+ ÃŽÂ ³) enters the layer $1,400,000 excess of $600,000, and that the loss amount in the layer reaches $1,400,000 when the ground-up indemnity reaches $2,000,000 = (1+ ÃŽÂ ³). From this the standard increased limits factors can be modified to account for ALAE added to the loss. In this liability context, Formula for RELC can be used with PCP as the basic limit premium and PCPLR can be used as the primary company permissible basic limits loss ratio. Assumption: Given the clash exposure an overall loss loading of ÃŽÂ ´% is sufficient enough to adjust the loss cost for this layer predicted from the stand-alone policies. Then ELCF determines the excess loss in the layer $1,400,000 with excess of $600,000 which arises from each policy limit and plus its contribution to the clash losses as a percentage of the basic limits loss that arise from the same policy limit. The formula for ELCF which is evaluated at limit (Lim) is as follows: Formula : Liability ELCF for ALAE Added to Indemnity Loss ELCF(Lim) = 0 Where Attachment Point AP = $600,000 Reinsurance Limit RLim = $1,400,000 Clash loading ÃŽÂ ´ = 5% Excess ALAE loading ÃŽÂ ³ = 20% The table 2 displays this method for a part of Allstates exposure using the hypothetical increased limits factors to calculate the excess loss cost factors with both ALAE and risk load excluded. Table 2: Excess Loss Cost Factors with ALAE Added to Indemnity Loss at 20% add-on and a Clash Loading of 5% Table : Excess Loss Cost Factors with ALAE Added to Indemnity Loss at 20% add-on and a Clash Loading of 5% (1) Policy Limit in $ (2) ILF w/o risk load and w/o ALAE (3) ELCF 200,000 1.0000 0 500,000 1.2486 0 600,000 1.2942 0.0575 1,000,000 1.4094 0.2026 1,666,666 1.5273 0.3512 2,000,000 or more 1.5687 0.4033 Source: own calculation based on Patrik (2001) Using the Formula 4., the ELCF($600,000) = 1.20*1.05*(1.2942-1.2486) = 0.0575, and ELCF($2,000,000) =1.20*1.05*(1.5687-1.2486) = 0.4033. Assumption1: for this exposure the Allstates permissible basic limit loss ratio is PCPLR = 70%. Assumption2: reinsurers evaluation indicates that the cedants rates and offsets are sufficient and therefore RCF is 1.00. The reinsurer can now calculate the exposure rate RELC and the reinsurers undiscounted estimate of loss cost in the excess layer as can be seen in the table 3. Table 3: Reinsurance Expected Loss Cost (undiscounted) Table : Reinsurance Expected Loss Cost (undiscounted) (1) Policy Limit in $ (2) Estimated Subject Premium Year 2009 in $ (3) Manual ILF (4) Estimated Basic Limit Loss Cost 0.70x(2)/(3) (5) ELCF (6) RELC in $ (4)x(5) Below 600,000 2,000,000 1.10 (avg.) 1272727.27 0 0 600,000 2,000,000 1.35 1,037,037.04 0.0575 59,629.63 1,000,000 2,000,000 1.50 933,333.33 0.2026 189,093.33 2,000,000 or more 4,000,000 1.75 (avg.) 1,600,000.00 0.3512 562,920.00 Total 10,000,000 n.a. 4,843,197.64 n.a. 811,642.96 Source: own calculation based on Patrik (2001) An exposure loss cost can be estimated using probability models of the claim size distributions. This directly gives the reinsurer the claim count and the claim severity information which the reinsurer can use in the simple risk theoretic model for the aggregate loss. Assumption: the indemnity loss distribution underlying Table 2 is Pareto with q =1.1 and b =5,000. Then the simple model of adding the 20% ALAE to the indemnity per-occurrence changes the indemnity of a Pareto distribution to a new Pareto with q =1.1and b=5,000*1.20 = 6,000. The reinsurer has to adjust the layer severity for a clash and this can be done by multiplying with 1+ÃŽÂ ´ =1.05. The reinsurer can therefore calculate from each policy limit the excess expected claim sizes, after dividing the expected claim size by the RELC for each limit the reinsurer obtains the estimates of expected claim count. This is done in Table 4. The expected claim size can be calculated as follows: Firstly the expected excess claim severity over the attachment point d and subject to the reinsurance limit RLim for a policy limit ÃŽÂ » can has to be calculated. This can be done as follows: For ÃŽÂ »= 600,000 For ÃŽÂ »=1,000,000 For ÃŽÂ »=2,000,000 The reinsurer is now able to calculate the expected claim count, the estimation can be seen in the table 4: Table 4: Excess Expected Loss, Claim Severity and Claim Count Table : Excess Expected Loss, Claim Severity and Claim Count Policy Count in $ (2) RELC in $ (3) Expected Claim Size in $ (4) Expected Claim Count (2)/(3) 600,000 59,629.63 113,928 0.523 1,000,000 189,093.33 423,164 0.447 2,000,000 or more 562,920.00 819,557 0.687 Total 811,642.96 1,356,649 1.68 Source: own calculation based on Patrik (2001) The total excess expected claim size for this exposure is $1,356,649. If the independence of claim events across all of the exposures can be assumed, the reinsurer can also obtain total estimates of the overall excess expected occurrence (claim) size and the expected occurrence (claim) count. Now we are going to estimate the experience rating. Step 3: Gather and reconcile primary claims data segregated by major rating class groups. As in the Example of property quota share treaties, the reinsurer needs the claims data separated as the exposure data, and the reinsurer also wants some history of the individual large claims. The reinsurer usually receives information on all claims which are greater than one-half of the proposed attachment point, but it is important to receive as much data as possible. Assumption: a claims review has been performed and the reinsurer received a detailed history for each known claim larger than $100,000 occurring 2000-2010, which were evaluated 12/31/00, 12/31/01à ¢Ã¢â€š ¬Ã‚ ¦, 12/31/09, and 6/30/10. Step 4: Filter the major catastrophic claims out of the claims data. The reinsurer wants to identify clash claims and the mass tort claims which are significant. By separating out the clash claims, the reinsurer can estimate their size and their frequency and how they relate to the non-clash claims. These statistics should be compared to the values that the reinsurer knows from other cedants and therefore is able to get a better approximation for the ÃŽÂ ´ loading. Step 5: Trend the claims data to the rating period. As with the example for the property-quota share treaties, the trending should be for the inflation and also for other changes in the exposure (e.g. higher policy limits) which may affect the loss potential, but unlike with the proportional coverage, this step cannot be skipped. The reason for this is the leveraged effect which has the inflation upon the excess claims. The constant inflation rate increases the aggregate loss beyond any attachment point and it increases faster than the aggregate loss below, as the claims grow into the excess layer, whereas their value below is stopped at the attachment point. Each ground-up claim value is trended at each evaluation, including ALAE, from year of occurrence to 2011. For example, consider the treatment of a 2003 claim in the table 5. Table 5: Trending an Accident Year 2003 Claim Table : Trending an Accident Year 2003 Claim (1) Evaluation Date (2) Value at Evaluation In $ (3) Trend factor (4) 2011 Level Value in 4 (5) Excess Amount in$ 12/31/03 0 1.62 0 0 12/31/04 0 1.62 0 0 12/31/05 250,000 1.62 405,000 0 12/31/06 250,000 1.62 405,000 0 12/31/07 300,000 1.62 486,000 0 12/31/08 400,000 1.62 648,000 48,000 12/31/09 400,000 1.62 648,000 48,000 06/30/10 400,000 1.62 648,000 48,000 Source: own calculation based on Patrik (2001) The reasoning for a single trend factor in this example is that the trend affects the claim values according to the accident date and not by an evaluation date. The trending of the policy limits is a delicate issue, because if a 2003 claim on a policy which has limit that is less than $500,000 inflates to above $600,000 ( plus ALAE), will be the policy limit that will be sold in the year 2011 greater than $500,000? It seems that over long periods of time, that the policy limits change with inflation. Therefore the reinsurer should over time, if possible, receive information on the Allstates policy limit distributions. Step 6: Develop the claims data to settlement values. The next step is to construct the historical accident year, thus we want to develop the year triangles for each type of a large claim from the data which was produced in column (5) of Table 5. Typically all claims should be combined together by major line of business. Afterwards the loss development factors should be estimated and applied on the excess claims data while using the standard methods. Also in order to check for reasonableness and comparable coverages we want to compare the development patterns that were estimated from Allstates data to our own expectations which have their basis in our own historical data. When considering the claim in Table 5 we see that only $48,000 is over the attachment point, and also only at the fifth development point Table 6: Trended Historical Claims in the Layer $1,400,000 Excess of $600,000 (in $1,000s) Table : Trended Historical Claims in the Layer $1,400,000 Excess of $600,000 (in $1,000s) Assumption: our triangle looks like the Table 6: Acc. Year Age 1 in $ Age 2 in $ Age 3 in $ à ¢Ã¢â€š ¬Ã‚ ¦ Age 9 in $ Age 10 in $ Age 10.5 in $ 2000 0 90 264 à ¢Ã¢â€š ¬Ã‚ ¦ 259 351 351 2001 0 0 154 à ¢Ã¢â€š ¬Ã‚ ¦ 763 798 à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ à ¢Ã¢â€š ¬Ã‚ ¦ 2008 77 117 256 2009 0 0 2010 0 ATA 4.336 1.573 1.166 à ¢Ã¢â€š ¬Ã‚ ¦ 1,349 n.a. n.a. ATU 15.036 3.547 2.345 à ¢Ã¢â€š ¬Ã‚ ¦ 1.401 1.050 = tail Smoothed Lags 11.9% 28.7% 47.7% à ¢Ã¢â€š ¬Ã‚ ¦ 93.1% 95.3% 96.7% Source: own calculation based on Patrik (2001) Where: ATA is Age-To-Age development factor ATU is Age-To-Ultimate development factor Lag(t) is the percentage of loss reported at time t The selection of the tail factor of 1.05 is based upon the general information about the development for this type of an exposure beyond ten years. By changing to the inverse for the point of view from the age-to-ultimate factors, the time lags of the claim dollar reporting, the loss reporting view is transformed to that of the cumulative distribution function (CDF) whose domain is [0,), this transformation gives a better outlook of the loss development pattern. It also allows considering and measuring the average (expected) lag and some other moments, that are comparable to the moments of loss development patterns from other exposures. Given the chaotic development of excess claims, it is a important to employ smoothing technique. If the smoothed factors are correctly estimated they should more credible loss development estimates which are more credible. They also allow to evaluate the function Lag( ) at every positive time. The smoothing which was introduced in the last row of Table 6 is based on a Gamma distribution with a mean of 4 (years) and a standard deviation of 3. It is also usually useful to analyze the large claim paid data, if possible, both to estimate the patterns of the excess claims payment and also to supplement the ultimate estimates which are based only on the reported claims that were used above. Sometimes the only data available are the data on aggregate excess claims, which would be the historical accident year per development year $1,400,000 excess of $600,000 aggregate loss triangle. Pricing without specific information about the large claims in such a situation, is very risky, but it is occasionally done. Step 7: Estimate the catastrophic loss potential. The mass tort claims such as pollution clean-up claims distort the historical data and therefore need special treatment. As with the property coverage, the analysis of Allstates exposures may allow us to predict some suitable loading for the future mass tort claim potential. As was said in the Step 4, the reinsurer needs to identify the clash claims. With the separation of the clash claims, for each claim, the various parts are then added together to be applied to the occurrence loss amount at the attachment point and at the reinsurance limit. If it is not possible to identify the clash claims, then the estimation of the experience of RELC has to include a clash loading which is based on judgment of the general type of exposure. Step 8: Adjust the historical exposures to the rating period. As in the example on the property quota-share treaties the historical exposure (premium) data has to be adjusted in such a manner that makes the data are reasonably relevant to the rating period, therefore the trending should be for the primary rate, for the underwriting changes and also for other changes in exposure that may affect the loss potential of the treaty.. Step 9: Estimate an experience expected loss cost, PVRELC, and, if desirable, a loss cost rate, PVRELC/PCP. Assumption: we have trended and developed excess losses for all classes of Allstates casualty exposure. The standard practice is to add the pieces up as seen in the table 7. Table 7: Allstate Insurance Company Casualty Business Table : Allstate Insurance Company Casualty Business (1) Accident Year (2) Onlevel PCP in $ (3) Trended and Developed Loss and Excess Loss (estimated RELC) in $ (4) Estimated Cost Rate in % (3)/(2) 2002 171,694 6,714 3.91 2003 175,906 9,288 5.28 2004 178,152 13,522 7.59 2005 185.894 10,820 5.82 2006 188,344 9,134 4.58 2007 191,348 6,658 3.48 2008 197122 8,536 4.33 2009 198,452 12,840 6.47 2010 99,500 2,826 2.84 Total 1,586,412 80,336 5.06 Total w/o 2010 1,486,912 77,510 5.21 Source: own calculation based on Patrik (2001) The average loss cost rate for eight years is 5.21%, where the data from the year 2010 was eliminated as it is too green (undeveloped) and there does not seem to be a particular trend from year to year. Table 7 gives us the experience-based estimate, RELC=PCP =5.21%, but this estimate has to be loaded for the existing mass tort exposure, and also for the clash claims if we had insufficient information on the clash claims in the claims data. Step 10: Estimate a credibility loss cost or loss cost rate from the exposure and experience loss costs or loss cost rates The experience loss cost rate has to be weighed against the exposure loss cost rate that we already calculated. If there is more than one answer with different various answers that cannot be further reconciled, the final answers for the $1.400, 000 excess of $600,000 claim count and for the severity may be based on the credibility balancing of these separate estimates. All the differences should however not be ignored, but should be included in the estimates of the parameter (and model) uncertainty, and therefore providing a rise to a more realistic measures of the variances, etc., and of the risk. Assumption: simple situation, where there are weighed together only the experience loss cost estimate and the exposure loss cost estimate. The six considerations for deciding on how much weight should be given to the exposure loss cost estimate are: The accuracy of the estimate of RCF, the primary rate correction factor, and thus the accuracy of the primary expected loss cost or loss ratio The accuracy of the predicted distribution of subject premium by line of business For excess coverage, the accuracy of the predicted distribution of subject premium by increased limits table for liability, by state for workers compensation, or by type of insured for property, within a line of business For excess coverage, the accuracy of the predicted distribution of subject premium by policy limit within increased limits table for liability, by hazard group for workers compensation, by amount insured for property For excess coverage, the accuracy of the excess loss cost factors for coverage above the attachment point For excess coverage, the degree of potential exposure not contemplated by the excess loss cost factors The credibility of the exposure loss cost estimation decreases if there are problems with any of these six items listed. Also the six considerations from which can be decided how much weight can be given to the experience loss cost estimate are: The accuracy of the estimates of claims cost inflation The accuracy of the estimates of loss development The accuracy of the subject premium on-level factors The stability of the loss cost, or loss cost rate, over time The possibility of changes in the underlying exposure over time For excess coverage, the possibility of changes in the distribution of policy limits over time The credibility of the experience loss cost estimate lessens with problems with any of the six items. Assumption: the credibility loss cost rate is RELC/PCP = 5.75%. For each of the exposure category a loss discount factor is estimated, which is based on the expected loss payment pattern for the exposure in the layer $1,400,000 excess of $600,000, and on a chosen investment yield. Most actuaries support the use of a risk-free yield, such as U.S. Treasuries for U.S. business, for the approximation of the maturity of the average claim payment lag. Discounting is significant only for longer tail business. On a practical base for a bond maturity which is between five to ten years it is better to use a single, constant fixed rate. Assumption: the overall discount factor for the loss cost rate of 5.75% is RDF= 75%, which gives PVRELC/PCP = RDF*RELC/PCP =0.75*5.75%= 4.31%, or PVRELC= 4.31% * $200,000,000 = $8,620,000. The steps 11 and 12 with this example are reversed. Step 12: Specify values for RCR, RIXL, and RTER Assumption: the standard guidelines for this size and type of a contract and this type of an exposure specify RIXL = 5% and RTER = 15%. The reinsurance pure premium RPP can be calculated as RPP = PVRLC/(1-RTER) = $8,620,000/0.85 = $10,141,176 with an expected profit as RPP PVRELC = $10,141,176 $8,620,000 = $1,521,176 for the risk transfer. As the RCR = 0% we can calculate the technical reinsurance premium of RP = RPP/(1-RIXL) = $10,141,176 /0.95 = $10,674,922. This technical premium is therefore above the maximum of $10,000,000 which was specified by the Allstate Insurance Company. If there is nothing wrong with technical calculations, then the reinsurer has two options. The first one is to accept the expected reinsurance premium of $10,000,000 at a rate of 5%, with the expected profit reduced to $10,000,000 $8,620,000 = $1,380,000 Or secondly the reinsurer can propose a variable rate contract, with the reinsurance rate varying due to the reinsurance loss experience, which in this case is a retrospectively rated contract. As the Allstate Insurance Company is asking for a retrospectively rated contract we select the second possibility. To construct a fair and balanced rating plan, the distribution of the reinsurance of an aggregate loss has to be estimated. Now we proceed with step 11. Step 11: Estimate the probability distribution of the aggregate reinsurance loss if desirable, and perhaps other distributions such as for claims payment timing. In this step the Gamma distribution approximation will be used. As our example is lower (excess) claim frequency situation, the standard risk theoretic model for aggregate losses will be used together with the first two moments of the claim count and the claim severity distributions to approximate the distribution of aggregate reinsurance loss. The aggregate loss in the standard model is written as the sum of the individual claims, as follows. Formula : Aggregate Loss L=X1 + X2 +à ¢Ã¢â€š ¬Ã‚ ¦+ XN with L as a random variable (rv) for aggregate loss N as a rv for number of claims (events, occurrences) Xi as rv for the dollar size of the ith claim The N and Xi are referring to the amount of the ith claim and to the excess number of claims. To see how the standard risk theoretic model relates to the distributions of L, N and the Xis see Patrik (2001). We are working with the assumption that the Xis are both identically and independently distributed and also independent of N, further we assume that the kth moment of L is determined completely by the first k moments of N and the Xis. There is following relationships. Formula : First Two Central Moments of the Distribution of Aggregate Loss under the Standard Risk Theoretic Model E[L] = E[N] x E[X] Var[L] = E[N] x E[X2] + (Var[N] E[N]) x E[X]2 Assumption: the E[L] = RELC =5.75%*$200,000,000 = $11,500,000 (undiscounted). We assume simplistically independent and identical distribution of the excess claim sizes and also the independency of the excess claim (occurrence) count. Usually this is a reasonable assumption. For our layer $1,400,000 excess of $600,000, our modeling assumptions and results are shown in the formula below. Formula : Allstate $1,400,000 Excess of $600,000 Aggregate Loss Modeling Assumptions and Results

:: Papers

ESSAY John Steinbeck novel, ‘Of Mice and Men’, contains three characters who could be described as social misfits. In this essay I am going to describe Candy, Crooks, and Curley’s wife and examine what Steinbeck is attempting to tell the reader about the lives and situation of each of these characters. The book, ‘Of Mice and Men’, was set in the depression of 1930s in California in a place called Soledad. ‘Of Mice and Men’, can be viewed as a compassionate story of John Steinbeck for the hard life, poor, old age ,unskilled workers displaced by the depression a bad economic and high unemployment with no hope and no future. They had to leave their families and homes just to make money. Candy is such a character. He is the bunkhouse cleaner and he is old and has no family and the only old man on the ranch. We are told him in the book, that he is a good natured old gossip. He is a useful source of information about all the character at the ranch. We know because when George and Lennie arrive in to the ranch, Candy tells them about all the characters and also tells them about what is going on in the bunkhouse, for example when he says to George and Lennie about Curley, â€Å"Curley like a lot of little guys. He hates big guys†¦.† So first of all they know that how aggressive and bad guy Curley is. He is fond of his dog even though it is old and smelly. Candy had that dog since it was a pup. His dog is his only friend; old same like Candy. Carlson offers to shoot his dog. But Candy resists for his old, smelly, nameless dog, â€Å"No, I couldn’t do that. I had `im too long.’ Candy knows if he allows his dog to be shot he will become lonelier because that is the only companion he got and he will lose it. But Carlson is determined. Eventually he leads the dog out into the darkness of the night and to its death.

Essay --

Yossarian is faking his illnesses to avoid the war. While he’s in the hospital he is required to censor letters and he will joke and censor just about anything he reads and signs off as â€Å"Washington Irving†. A Texan comes and eventually annoys everyone back into active duty. Yossarian notices that he is the only one who is concerned with the war and claims that everyone is trying to kill him. Everyone else denies that there is a war going on. He later finds out that his Colonel has raised the number of required missions from 45 to 50 when Yossarian was at 44. Orr talks to Yossarian about how he used to walk around with crab apples in his mouth. A general named Peckem hopes to take over command of Yossarian’s unit because the current general is failing at bringing enthusiasm to his subordinates. Yossarian feels sick but Daneeka instead sends him back and recommends acting like Havermeyer, who is a soldier that makes the most of every situation Yossarian talks with Daneeka whose problems are that the war is interrupting his medical practice. Yossarian interrupted educational meetings resulting in a rule that only people who don’t ask questions could ask questions. Private first class Wintergreen caused frustration among his superiors by giving a message out that only said â€Å"T.S. Eliot†. Yossarian listens to Doc Daneeka’s story about newlyweds who visited his office. Yossarian again attempts to get grounded by claiming he was crazy, which of course proved that he wasn’t. Hungry Joe has flown all of his missions and he is still not allowed to go home because the number of missions keeps rising. Orr attacks Appleby in a game of Ping-pong. Yossarians pilot, McWatt is described in this chapter as the â€Å"craziest combat man† because o... ... go through with the plan. Orr and Yossarian realize Milos amount of control as he is the mayor and even god in some countries. Nately Yossarian and Hungry Joe arrive in rome where they meet up with Nately’s prostitute. Nately argues with an old man about how America and Italy were doing in the war. Milo’s company has grown world wide but has a problem selling massive amounts of Egyptian cotton. He was surprised when Yossarian brings the idea of selling it to the government. The chaplain is miserable because no one will treat him as a regular person. He tries to help by seeing major major about the missions but he wont allow anyone in. After Colonel Cathcart periodically throws him out, he begins questioning everything even god. Nately falls in love with his whore while she is annoyed with him. Yossarian and Dunbar change identities but are caught by the Nurses

RFID Tagging :: essays research papers

RFID, which is radio frequency identification, uses tiny tags that contain a processor and an antenna and can communicate with a detecting device. RFID is intended to have many applications with supply chain and inventory control to be the drivers of utilization. RFID has been around for a long time. During World War II, RFIDs were used to identify friendly aircraft. Today, they are used in wireless systems, for example, the E-Z passes you see on the turnpikes. The major problem until recently has been cost for RFIDs. Tags have been at a cost of 50 cents, which makes it hard to utilize or really unusable for low priced items. A company based out of California called Alien Technology has invented tags for less than 10 cents a piece on large mass runs. The major benefit expected from RFID is its potential for revolutionizing the supply chain management, but RFID could have many applications, ranging from payment collections on highways, to finding lost kids in amusement parks, to prev enting cell phones from being stolen.   Ã‚  Ã‚  Ã‚  Ã‚  The RFID tag itself is about the size of a pinhead or grain of sand. The tag includes an antenna and a chip that contains an electronic product code. Industry professionals expect the RFID tag to eventually replace the barcode as identification system of choice. The electronic product code stores much more information than a regular bar code that is capable of storing information like when and where the product was made, where the components come from, and when they might perish. Unlike barcodes, which needs a line-of-sight to be read, RFIDs do not need a line-of-sight. There are two types of RFID tags call active and passive. An active tag uses its own battery power to contact the reader. It works greater distance than passive tags, but has a drawback because of the larger size. A passive tag does not require a battery, but it derives its power from the electromagnetic field created by the signal from the RFID reader. This generates enough power for the tag to re spond to the reader with its information, while the range is smaller than active tags, having no battery make the tags useful life almost unlimited and the size much smaller than active tags. In any event, the key feature of the technology is the ability for an RFID-tagged object to be tracked instantly from anywhere in the world, provided that the reader is in range.

Explain How Observations of Babies, Children and Young People Contribute to Planning.

Explain how observations of babies, children and young people contribute to planning. â€Å"What are observations? An observation is a piece of work in which the child’s words and actions are recorded in great detail. This child’s actions are then analyzed by the practitioner. It is about looking and listening to children. A bit like being a scientist we collect information or data process it and draw up conclusions from it. † (Class Hand out)An important part of a practitioner’s role is recording a Childs development and behaviour. Their are several reasons why early years practitioners keep records and assessments of babies and children. †¢ To check a Childs overall development: Routine checks are important for detecting and diagnosing any problems earl on. This could be done but the help and support of a health visitor etc. †¢ To see if the child is progressing:Assessments are regularly made to ensure that the children are progressing, not onl y in overall areas but specifically personal things as each child may not be as strong at a certain subject like the other but they are both none the less improving. †¢ To help planning: Observations and assessments should be used when planning activities for example if a practitioner observes a lack of physical development then they could decide on doing some throwing and catching exercises. Practitioners need to keep track of every pupil and their particular needs.Children have different strengths and weaknesses. So the practitioner must locate these and help the child; for example after a couple of assessments a child may show that their language skills aren’t as great as they could be so a practitioner may refer hem to a speech therapist or plan some activities that would encourage the child to talk and interact a bit more with others. The practitioner needs to report back to the parents and other fellow practitioners. This is simply because the parents need to know how their child is progressing and whether or not they need extra help.They tell fellow practitioners so they can also observe the child and work towards helping them. Their are many different professionals who can observe a child these are: †¢ Educational physiologist †¢ Child psychiatrist †¢ Family doctor †¢ Speech therapist †¢ Play therapist †¢ Health visitor 1998 Data Protection Act The data protection act came into force in March 2000. It states anyone processing personal information needs to register with the data protection commission. Anyone who registers must comply with the 8 enforceable principles or a good practice. ConfidentialityThis is an important issue on keeping records on children. The records and any information can only be used for the best interest of the child. The records should be stored safely and only appropriate staff and other professionals have access to them. This means parents can never be given information about other pe ople’s children. Observing the child is so you can find their stage of development, their likes and dislikes and their strengths and weaknesses. Assessing a child is when you carry out specific activity to see whether they have improved on a certain area or if they are doing well overall.

Impact Of Renewable Energy Usage Environmental Sciences Essay

The intent of this literature reappraisal is to fork up the reader with a general overview of the involve made by the custom of re novellyable might in introduction on the development of engineering and on the surround. juvenilely there is an urge demand of utilizing renewable vim in the industries and otherwise of present moment sectors around the universe since the current pass fuel resource which is crude crude vegetable oil and natural gas is consuming class by twelvemonth. Thus in recent out of date ages, galore(postnominal) investigate and trials urinate been done to use the renewable energies certain possible to its upper limit. The first designate of this chapter give give brief perspicacity of the advantages that is b unprocessedt by utilizing renewable zipper on our orbiter. Next exit be the comparism betwixt renewable susceptibility and non renewable nix. ultimately the alterations of utilizing renewable readiness brings to the universe at an planetary degree.2.2 The advantages of renewable personnelWell, for a start renewable qualification testament neer be depleted, hence either twist long as there is a demand for electricity and oestrus there result be becoming vigor to provide it.There be some(prenominal) renewable postcode which would non consume and go on to be around for umpteen years.Solar muscularity is one of the most putting green endlessly renewable heartiness since its reprieved from the sunbathe s ray.Furtherto a greater extent streamlined H2O which absorb through the turbine in the hydroelectric dam produce hydro button.The curvemills blades which is turned by the untainted power of the send current produces place current get-up-and-go.Hot liquefied lava beneath the soil s crust heats the stones above consequently bring forthing hot spots which produces geothermic talent.The pile of refuse, rubbish and other constitutional stuffs produces biomass expertness ( Matthew Hic k n.d ) .As you outhouse see, there ar assorted renewable vitality openings open to us as an option to dodo fuels. There are many advantages to them among the most popular creation that they will non consume in supply, intending they will be around everlastingly. renewable energy reservoirs are non new. They have been utilized in some manner for many darkened ages. Unfortunately, low dodo fuel pecuniary values have stunted renewable energy s popularity and growing in the United States. But an increasing consciousness of homo and environmental concerns, every bit addressly as, a demand to perish non-exhaustible energy offshoots, will maintain it as a pillar for the hereafter. ( Matthew Hick n.d )renewable energy will assist in salvaging the environment merely in the straightforward sense that by utilizing renewable energy, the work of green house gas will b reduced then assisting in the bar planetary warming.Furthermore the O produced by the trees are much more heal thier because of the fact that there are little pollutants in the nimbus which commode rationalise drop the quality of the air ( Michel Jeen.2008 ) .Furthermore, the use of environmental empty energy as a renewable energy supercharge its opportunities of going more safer than conventional fossil fuels.The use of fossil fuels causes the release of noxious gases and harmful substances, thence heightening the opportunities of pollution or other natural grown lucks to go on much(prenominal)(prenominal)(prenominal) as acid rains and planetary warming.renewable energy is environmentally friendly therefore it reduces the opportunities of pollution from go oning and the air produced in the surrounding to a fault is much more cleansing federal agent and reduces the hazard in acquiring diseases such(prenominal) as asthma n etc ( Michel Jeen.2008 ) .Since renewable energy is an exceedingly beforehand field of study to research about, therefore it needs extremely specialised equ ipment and a chain reactor of research to be done, therefore it will open a batch of occupation see and occupation sectors ( Michel Jeen.2008 ) .Harmonizing to the analysis, renewable energy and energy efficiency deployment cost would be vulgar impersonal or better, as the cost associated with energy efficiency stop up salvaging the state more money than the costs associated with deploying renewable energy engineerings and 4.5 million occupations will be created all the piece. ( Jennifer Runyon.2009 )2.3 The comparing amid renewable energy and non renewable energyRenewable energy is a energy that cigarette be replaced from squeeze to clip because it does non hold finite addendum energy, therefore it can be used for many old ages but still it would non complete. Examples of renewable energy is solar energy, weave energy, dither energy, biomass energy and geothermic energy.Meanwhile, non renewable energy is an energy that has finite addendum of energy therefore it would be use d up as clip advancements by. Example of such energy are crude oil and natural gas ( Renewable energy.2003 ) .Renewable energy and non-renewable energy have beta differences. Renewable energy would non consume whereas non-renewable energy someday will consume from our planet since the resources that is needed for the energy will someways deplete from our planet. Non-renewable energy such as rough oil, coal, natural gas and etc are completing fast because the demands are higher(prenominal) than the supply of the natural stuff. ( struggle betwixt Non-Renewable and Renewable Energy Sources.2009 )There is a universe power crisis whether we choose to bang it or non. We are utilizing our non- renewable energy beginnings at a rapid rate, a rate that increases daily. Our non-renewable energy beginnings include, fossil fuels ( rough oil ) , coal, natural gas, atomic power, and yes tear down H2O, H2O is used to drive turbines to delineate electricity. Once we have exhausted these non-re newable energy beginnings we will no longer be able to drive the turbines that produce our electricity. ( Difference Between Non-Renewable and Renewable Energy Sources.2009 )Furthermore, non-renewable energy which uses volatile natural stuff such as atomic energy can do lay waste toing effects to the environment if there is a sidestep in the atomic workings. Example of such annihilating accident is the Chernobyl atomic works accident ( Nuclear Energy Benefits deliberate Safe or Not.2009 ) .Meanwhile renewable energy has a positive consequence towards the environment. Renewable energy can have a go at it down the emanation of pollutants such as C dioxide and C monoxide which may harm the environment ( Union of Concerned Scientists ) .Non-renewable energy excessively causes distability in the economic system, since it s a non sustainable energy therefore the monetary value of the fuel ever bead and hikings harmonizing to the handiness of the fuel in the universe interim renewa ble energy brings more stableness to the economic system since it s a sustainable energy beginning therefore it provides an stable energy beginning to the universe so it would non impact economically.The engagement of fossil fuels makes the U.S. vulnerable to political instabilities, pile differences, trade stoppages and a assortment of other impacts. ( pier55.2009 )2.4 The alterations of utilizing renewable energy brings to the universe at an planetary degreeRenewable energy such as solar energy can convey a batch alterations to the universe in footings of a new fuel beginning. Since solar power is obtained from the solarise so it will be available throughout the twelvemonth therefore continuously beingness renewed. Furthermore solar energy is a clean power therefore it s a really good option for current fuel beginning. Alot of new undertakings are being introduced to tackle the power of solar energy, such grandscale undertaking is being carried out in Hong Kong.Hongkong Electr ic Holdings Ltd. , the public-service weed controlled by one thousand millionaire Li Ka-shing, officially started up the metropolis s biggest solar-power undertaking forthwith as portion of attempts to assist cut pollution ( John Duce.2010 ) .Another congresswoman of renewable energy which revolutionizes the universe is wind energy. Wind energy is produced from the turbines which are attached to the blades which are turned by the bosom of wind.Since air current is a lay off beginning of energy therefore it can salvage a batch of cost and it produces clean energy excessively. The United States are earnestly sing weave energy as a alternate beginning of energy, which can been seen from the planning of a air current farm in Mojave cede North of Los Angeles.It s being called the largest air current power undertaking in the state, with programs for 1000s of estates of looming turbines in the Mojave Desert foothills bring forthing electricity for 600,000 places in Southern Califor nia. ( Tiffany Hsu.2010 )Furthermore, geothermic energy is another beginning of renewable energy that can convey a upstanding alteration to the universe, it s an energy that is generated from the land s nucleus which is heated by the molten stone ( magma ) .Geothermal is a free energy since the beginning of the energy itself from our Earth. It s already being utilized in states such as Iceland and in Philippines. Philippiness government activity are seeking to utilize the plenteous potency of geothermic energy in its state. ( Intermediate Energy Infobook.pg12 )ENERGY emergence Corp. , the state s biggest manufacturer of geothermic energy, plans to put some $ 1 billion over the following five old ages in greenfield power workss. ( Amy R. Remo.2010 )

Law of Tort

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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