Syllabus Design In English Language Teacing Education Essay

Syllabus Design In English Language Teacing Education Essay Abstract It is debatable whether ESP has a distinctive methodology and syllabus. Thispaper argues that methodology and syllabus design in English Language Teacing (ELT) andESP differ little and that it is not possible to say whether general ELT hasborrowed ideas for methodology from ESP or whether ESP has borrowedideas from general ELT. two characteristic featuresof ESP methodology are identidfied: ESP can base activities on students specialism, and ESP activities can have a truly authenticpurpose derived from students target needs. Dudley-Evans and St. John(1998) maintain that what haracterizes ESP methodology is the use oftasks and activities reflecting the students specialist area Introduction In the 1970s, EFL teachers first ventured out of the Arts Faculty and the gentle landscape of language and literature into the land beyond the mountains inhabited by illiterate and savage tribes called scientists, businessmen and engineers, wrote Ramsden (2002). In the light of this quotation, Ramsden pours his scorn over the turning point in the history of language teaching from art to science; and from English for general purposes(EGP) to English for specific purposes(ESP) . Though ESP emanates from EGP, it has established itself as a distinct trend. The distinctions between ESP and EGP are quite fuzzy. To clarify the issue, Hutchinson and Waters (1987) pointed out that there is no difference in theory, but in practice, there is a great deal. This paper delves deeply into the literature of ESP and EGP to uncover their points of similarities and differences, chiefly at the level of syllabus design , methodology and instructional materials. For the sake of clarification, theoretical preliminaries will be provided from the outset. As expected, the current paper is comparative in nature and selective in illustration. Theoretical Preliminaries: Definitions of: EGP: According to Blackwell, EGP is polarized with ESP ( English for specific purposes) to refer to contexts such as the school where needs cannot readily be specified. This view is misleading, since purpose is always inherent. EGP is more usefully considered as providing a broad foundation rather than a detailed and selective specification of goals. EGP, then, refers to that basic linguistic code that could be used in larger context and in everyday conversation. It does not take into account neither the requirements of a workplace nor needs of learners. Being general in its nature, EGP holds a sway at the core level of language instruction. ESP According to Longman dictionary of applied linguistics, ESP refers to the role of English in a language course or program of instruction in which the content and aims of the course are fixed by the specific needs of a particular group of learners. For example courses in English for academic purposes, English for science and technology, and English for Nursing. In this regards, ESP is chiefly associated with special language or register. However, Hutchinson and Waters )1987, p.19) claimed that ESP is not a particular kind of language or methodology, nor does it consist of a particular type of teaching material. Understood properly, it is an approach to language teaching. From the above definitions, one can notice that there is no absolute clear cut between ESP and EGP. To ask which one embraces the other is likely to generate divergent views. In an attempt to answer this question, Hutchinson and waters ) 1987.p.18) have drawn a tree of ELT where the ESP is just one branch of EFL/ESL, which are themselves the main branches of English Language teaching in general.. However, A closer gaze at the tree and to the ramifications of ESP and EGP uncovers the distinctive features of each. These features will be tackled in subsequent section. Distinctive features of ESP and EGP: Despite the overlapping connections between EGP and ESP, there are several differences at the level of their concerns and practices. First, the focus in ESP is on training students to conform well to the requirements of the workplace; whereas, in EGP, the main focus is on education. Widdowson( 1983) sees the difference between Education and Training as that of creativity versus conformity (in White, 1988: p.18). Second, Designing a course content in EGP is much more difficult than in ESP for the difficulty of predicting the future needs of EGP students. Knowing about only learners survival needs is quite unbeneficial because it may lead to an oversimplified language, unauthentic communicative structure and unrealistic situational content. Third, ESP learners are usually adults with an average mastery of English language. Their main purpose is to communicate and learn a set of professional skills. In EGP, the age of learners , however, varies from childhood to adulthood. Their chief purpose behind learning English is to achieve communication in the basic everyday communication. At the level of macro-skills, the four language skills are integrated and reinforced in EGP instruction, while in ESP the selection of language skills is based on needs analysis. For instance, in studying English for science and technology, the emphasis is on context and subject of the course. At the level of micro skills, EGP has shed too much attention to teaching of grammar and language structure; yet the focus in ESP is on the context and subject of the course. Finally, a distinctive feature of ESP classroom is team- teaching, where the teacher of language collaborates with subject teacher in the delivery of the lesson. This feature is , however, absent in EGP classroom where the language teacher seems sufficient to instruct broad themes. To sum up, though ESP stems from EGP, it has preserved for itself distinctive characteristics as outlined before. To sum up, Stevens states that ESP has four absolute characteristics: 1. Is designed to meet specific needs. 2. Is related to themes and topics particular to occupation. 3. Is centered on language appropriate to those activities, in terms of lexis, syntax, discourse pragmatics, semantics and so on. 4. The above is in contrast to General English (Stevens 1988 in Dudley-Evans St. John 1998: p.4). In the subsequent section, the paper will take both EGP and ESP a stage further to list the similarities and differences at the level of syllabus design. To facilitate the process of comparing and contrasting, an example of each course content will be highlighted. Syllabus design in EGP A syllabus refers to a particular plan of a course. It is a document that details the structure and operation of ones class. It can also be called the basic reference document that guides students and the instructor through a course (Breen 1984). In the current section, this section aims to uncover the salient types of syllabus adopted in EGP and ESP based on contents of two textbooks: Natural English( EGP textbook) and English for Careers: Tourism, (ESP textbook) Based on their observations of general English language courses, Brown (1995) and Richards (1990) list the following types of syllabuses. They also point out that courses are often based on a combination of: Structural (organized primarily around grammar and sentence patterns). Functional (organized around communicative functions, such as identifying, reporting, correcting, describing). Notional (organized around conceptual categories, such as duration, quantity, location). Topical (organized around themes or topics, such as health, food, clothing). Situational (organized around speech settings and the transactions associated with them, such as shopping, at the bank, at the supermarket). Skills (organized around microskills, such as listening for gist, listening for specifi c information, listening for inferences). Task- or activity-based (organized around activities, such as drawing maps, following directions, following instructions). Extract.1: Contents of Natural English , As can be observed in the content of Natural English, one of the main aims of the textbook is to enable General English learners to improve the four language skills, especially speaking and listening to everyday English. Yet, the integration of the four language skills is not the sole distinctive feature of the textbook. The contents of course book also seem to respond to the general wants of GE learners in that it all covers functions, notions, vocabulary and grammar. Each unit introduces GE learners to notions, functions and grammatical structures in an equal weight of emphasis. Thus, a point that one can infer is that EGP syllabus is integrative. Language skills as well as functions, notions, forms and semantic entries are all fused together. For example, in unit 2, the book introduces notions such as shopping and work. Concerning functions, expressing request and responding with sympathy are the main functions found in unite 1. The grammatical forms are so varied from using the present continuous to passive voice. What is so remarkable is that the communication of a notion entails the use of adequate target functions. From the design of Natural English, it is evident that the units are organized on topics. Unit one is on Cartoon Mobile Invasion, unit two on Joke lost in desert, and three on Cartoon Perfect Day. However, a striking existence of situations looms chiefly in extended speaking. Students are in front several situations, such as on train , on holiday, and are encouraged to interact , following the necessities of imagined communicative setting. To conclude, the pertinent remark we can deduce from the course content of EGP is that its syllabus is integrative and synthetic in nature. Functions, notions , forms, situations and skills gain enough space in the EGP syllabus. Nevertheless, these elements are tackled more broadly. For instance, It seems that the subjects are too general, the functions and notions are recurrent in daily life issues, and language skills are not relevant to any professional field. Now , ESP makes extensive use of content-based approaches. According to Master and Brinton (1998), CBI has the following features. The syllabus is organized around subject content; for example, in English for Careers: Tourism, an ESP textbook, the subject matter is on a number of topics from tourism, such Registration Client perceptions and supply and demand. Teaching activities are specific to the subject matter being taught and are geared to stimulate students to think and learn through the use of the target language. Language is viewed holistically, and learners learn from working with whole chunks of language and multiple skills. Content-based approaches reject synthetic approaches to course design-the idea that language or skills can be atomized into discrete items to be presented and practiced by learners one at a time. The approach makes use of authentic texts to which learners are expected primarily to respond in relation to the content. It has been argued (Hutchinson Waters, 1987) that once we remove the text from its original context, it loses some of its authenticity. For example, the intended audience is changed once the authentic text is imported into the classroom. Authenticity also relates also to the readers purpose in reading the text. For example, recommendation reports for the purchase of technical equipment are, in their original context of use, devised for the purpose of helping the reader decide which of two or more items of equipment to buy. If, however, a recommendation report is transported into a language teaching classroom and students are given an activity whose purpose is to answer c omprehension questions on it, the match between text and task is artificial. Content-based instruction tries to avoid some of these potential problems by using content (authentic texts) in ways that were similar to those in real life. Content-based approaches involve also the integration of skills. Writing often follows on from listening and reading, and students are often required to synthesize facts and ideas from multiple sources as preparation for writing (Brinton et al., 1989). In fact, ESP syllabi (in this case an English Vocational Purposes syllabus) differ from English General Purposes (EGP) syllabi, both in goals and content. Below is an outline of some major differences adapted from Widdowson (1983 in White 1988: pp.18 26), Hutchinson Waters (1987) and Stevens (1988) (both in Dudley-Evans St. John 1998: pp. 2-4). The ESP syllabus must be based on a previous analysis of the students needs, which includes not only an analysis of the situations in which the language will be used and of the language appropriate in these situations, but also an analysis of the students wants and subjective needs. The whole business of the management of language learning is far too complex to be satisfactorily catered for by a pre-packaged set of decisions embodied in teaching materials. Quite simply, even with the best intentions no single textbook can possibly work in all situations.(Sheldon, 1987: 1)If we are to prescribe content, we need to ask, whose content? Methodology Having uncovered the nuances existing between ESP and EGP syllabi, This current chapter will move a stage further to draw a comparison and contrast at level of methodology, chiefly at the types of techniques employed by each and the roles they played in serving the students needs. As defined by Robinson (1991), methodology refers to what goes on in the classroom and to what students have to do. Using technical terms, it refers to classroom activities and techniques. There are too many techniques which largely emerged in EGP classroom such as tasks, role play, simulations, and so on and so forth. These techniques soon adopted by ESP practitioners . Concerning tasks, Little John and Hicks ( ) noticed that valuable tasks in EGP have certain characteristics: they should be motivating and absorbing; and exploit learners prior knowledge. In ESP, the above criteria are also predominant, but what is specific here is that ESP tasks comprise linguistic and professional skills. For instance, medical students studying English may be assigned to carry out a series of operations as outlined below: Moreover, the role play and simulations are used differently in ESP and EGP. While dealing with simulatons in ESP, Strutridge() noticed that they were originally used in business and military training with focus on outcome rather than the means -language- of training. In EGP, the outcome was ,however, less important than the means used to achieve fluency. One should not perceive hastily that means in esp have no disregarded. Stutridge concludes that in ESP end is as important as the means. Taking case studies into account, Nunan in an outsanding research tested the validity of the technique to ESP course. He found out that it helps ESP students to draw upon their professional skills, utilizing the cognitive and behavioral styles of their work rather than of traditional language classroom. Case studies may prove difficult to be conducted by EGP learners if we take into consideration their younger age and Worse of al their professional immaturity. For ESP students who are not fully qualified in their profession, the use of case studies help to induct them into some aspects of professional culture ( Charles 337,pp.28-31) Project work is out-of-class activity used in both ESP and EGP classroom. However, Fried() observed the more advanced examples of project work would be appropriate for ESP. A final technique which is common in ESP and EGP as well is the oral presentations. Usually, they are the culmination of project or case studies conducted outside the threshold of classroom. The utility of such activity is that it trains students to develop their self autonomy and master the four skills of the target language. Word processor and PowerPoint become familiar means for presentations, Succinctly, the methodology endorsed by ESP is quite similar to that of EGP chiefly if we consider the types of techniques and activities .Yet, the ways in which techniques are employed in ESP differ a lot from that in EGP. the next chapter will attempt to decipher how material design becomes a site of innovation after the emergence of ESP. Being in its heyday, ESP materials assume a divergent way from EGP. ESP designers come up with in-house materials quite plausible to the students needs more than the General ready-made textbooks which hold their strength in EGP classrooms. Materials Design One of the common characteristics of of material design in ESP is the existence of an established tradition of ESP teachers producing in-house materials. These materials are the outcome of needs analysis. the tailor made material accounts to the learners needs more than a general textbook can do., However, several questions may emerge to the surface: What are the major factors behind the over-existence of in-house materials in ESP in contrast to its acute shortage in EGP? -what are the key features that distinguish ESP materials from EGP? One of the key factors behind the profusion of in-house materials in ESP is because of its reliance on needs analysis. Need analysis is rarely carried out in GL classroom. This is partly because of the difficulty of specifying GL learners and partly because of a lack of literature on the particularities of analyzing needs data. Needs analysis tends to be associated with ESP and is neglected in GE classroom. Hutchinson and Waters(1987,p.53-54) say that what distinguishes ESP from GE is not the existence of a need as such but rather an awareness of the needà ¢Ã¢â€š ¬Ã‚ ¦ for the time being, the tradition persists in GE that learners needs cannot be specified and as a result no attempt is usually made to discover learners true needs. Secondly, The fact that ESP materials are tailored to the needs of specific group of learners makes its absolute adoption by other ESP teachers futile. Even when suitable materials are available, it may not be possible to buy them because of import restric tions pointed out Hutchinson and Waters (1987,p.). If textbooks are more available in EGP than in ESP,ESP textbooks have not been immune from criticism. Ever and Boys(p.57) mount a strong a attack on the EST textbooks suggesting that most of them are designed for, or are the outcome of, remedial or supplementary courses and assume that students already possess a knowledge of Englishà ¢Ã¢â€š ¬Ã‚ ¦.unhappily, this is not at all understood by potential users, especially in developing countries abroad where the greatest demand for EST exists. Another strongly worded attack was that the heavy concern of ESP practitioners with methodology and approach leads them to ignore issues such the accuracy of explanations ,validity of examples and suitability of linguistic content. Because ESP materials are relevanct to target needs, This may increase the motivation of ESP students, but there are other aspects which are also highly important, such as Waters (1987: 48) put it, ESP, as much as any good teaching, needs to be intrinsically motivating. () Students should get satisfaction from the actual experience of learning, not just from the prospect of eventually using what they have learnt. The following task, for instance, could be interesting for Engineering students:. Another characteristic of ESP materials is that it is more authentic than EGP materials. The latter might be produced for the purpose of teaching language, while in ESP authenticity refers to the materials used in the students specialist workplace or study institution. Additionally, for ESP authentic text selection usually follow the needs analysis. To conclude, the whole business of language learning management is far too complex to be satisfactorily catered for by a pre-packaged set of decisions embodied in teaching materials. Quite simply, even with the best intentions no single textbook can possibly work in all situations.(Sheldon, 1987: 1). However, designing tailor made materials would in principle be motivating, authentic and innovative. Conclusion This paper has highlighted some of the issues involved in ESP curriculum development. It can be argued that language varieties are based in and extend from a common core of language. Or it can be argued that language varieties are self-contained entities. Needs analysis can be seen as an entirely pragmatic and objective endeavour to help course developers identify course content that is truly relevant to the learners, or it can be argued to have a bias in favour of the institutions and may overemphasize objective needs at the cost of subjective needs. It can be argued that syllabuses should specify content (what is to be taught). Or it can be argued that they should specify method (how language is to be taught). Some argue that the ESP courses should be as narrow-angled as possible. Others argue that this is not practica EST is in a parlous state and is being abandoned by many tertiary institutions who, like Sultan Qaboos University, found that the English teachers seemed to learn a lot of science, but the students didnt seem to learn much English

Cognitive and Emotional Intelligence paper sample Essay

DECLARATION I declare that this assessment is my own work, based on my own personal research/study . I also declare that this assessment, nor parts of it, has not been previously submitted for any other unit/module or course, and that I have not copied in part or whole or otherwise plagiarised the work of another student and/or persons. I have read the ACAP Student Plagiarism and Academic Misconduct Policy and understand its implications. I also declare, if this is a practical skills assessment, that a Client/Interviewee Consent Form has been read and signed by both parties, and where applicable parental consent has been obtained. Organisational Behaviour Assessment 1 Two important differences in organisational behaviour are cognitive intelligence and emotional intelligence. The following essay evaluates theoretical and practical strengths and limitations of both intelligences and discusses the application of each in modern organisations. Modern organisations face differing challenges to those of the previous century, high turn-over, globalization and the rapid development of ever changing technology all require special attention. It has never been more important to find the right person for the right job. General mental ability does not give the whole picture. There is a link between cognitive and emotional intelligence, each being important contributors to modern organisations. Cognitive intelligence (CI) has traditionally been the indicator of successful job performance (Bosco, Nathan, & Allen, 2012). Organisational psychology uses cognitive ability to predict workplace success (Neisser et  al., 1996). Cognitive intelligence can be generally defined as academic ability, IQ or general mental ability, including the ability to critically think and reason logically, to analyse and problem solve, as well as individual aptitude in reading and writing (Sternberg, 2006). CI is a valuable asset in employees, particularly in some specialist fields where critical thinking, logic and reason are required, occupations such as scientific researchers, accountants, economists etc. The capacity of all workers to engage cognitive intelligence in quick and effective decision making serves as an important basis for achieving successful outcomes in the most workplaces. Patton (2003) found a consequence of the developing business climate is the global economy and the Internet, each necessitating an increased speed of communications in business transactions. Decisive leaders are forced to make timely decisions without consult and all the data on hand, such an environment necessitates in the need for higher levels of general mental ability in order to achieve both increased levels and faster acquisition of job knowledge, thus leading to greater levels of job performance (Schmidt & Hunter, 2004). CEO of Southwest Organisational Behaviour Assessment 1 Airlines, James Patton, displayed the importance of quick and effective decision making when facing a crisis on September 11, 2001. When planes where grounded and millions of passengers stranded, Patton decided that customers and staff would come first. No employees were required to stand down or take pay cuts, and passengers were given hassle free refunds, furthermore, Southwest employees were encouraged to take passengers to a movie or bowling to pass the time while awaiting news. In the aftermath of 9/11, while most airlines were reducing their workforces by 20% Southwest announced a $179.8 million profit sharing program for employees and managed to retain all staff (Gittell et el, 2006). Other examples of CI are literacy skills, such as reading and writing which are major tools of modern day  businesses: emails, documents and various other item of paperwork require high levels of accuracy for effective communication, efficiency on computers and an ability to learn new technolog y is important in this information world. McKenney, Copeland, Copeland and Mason (1995) propose that the revolution in communications and information technology should be considered as a dominant force in recent social and economic change. Although CI is undeniably important in establishing an efficient workforce it is not the whole picture. The value of cognitive intelligence is irrefutable however some limitations apply. Validities of predicting outcomes in real life are low. According to Viswevaran and Ones (2002), general mental ability accounts for only 25% variance in work performance. Furthermore, they suggest that intelligent behaviour is more than just the result of what intelligence tests measure. A practical example of the limitations of cognitive intelligence can be referred back to the other airlines effected by the 9/11 crisis. While Southwest airlines triumphed against adversary other airlines suffered greatly. There is no denying that the CEO’s of these struggling airlines were people of high cognitive intelligence, however, this personal asset alone was not enough to avoid financial losses, perhaps other ingredients such  as emotional intelligence and adequate policies are still required in order to retain consumer trust. Other CI limitations include measurement, particularly IQ testing which ma y result in adverse impact against minorities (Viswesvaran & Ones, 2002). Tests presented in a language other than an individual’s primary language as well as differing cultural approaches make the result of such tests weighted in favour of the culture that produced it. High IQ does not guarantee adequate function in the  workplace. Highly gifted people are often underestimated and misunderstood by peers and society (Nauta & Corten, 2002). They may make ineffective leaders as staff may not appreciate their intensity, perfectionism, questioning, and being â€Å"too smart† Heylighten (n.d.). Furthermore, CI does not guarantee a good team player. Elkin and Burke (2008) report Steve Jobs, while an example of a successful individual with extremely high cognitive intelligence, is reputed to have been a tyrant to work for. Critics claim he took credit for ideas that were not his, was not a team player, and was impatient, domineering and obsessive, behaviour which is inducing of high staff turnover or low employee retention rates. They also suggest Jobs strengths such as vision, magnetic charisma, perfectionism, all drove him to be a great CEO but are also the same drives that placed his company, staff and investors at risk. Highly intelligent individuals may have issues with delegation, trust, admitting error or asking for help. When compared to autonomous work, good teamwork enables tasks to be accomplished faster and more efficiently, reduces workloads, work pressure and improves staff relations (Kelly, 2004). Some highly intelligent people, such as those with Asperger’s Syndrome, may have low social skills. Individuals with Aspergers may test very highly on a CI tests but often their communication with others is blunt, awkward, stilted or odd (Shea, 2009). Saaty (1999) suggests that primary language expresses affections rather than ideas or thoughts. An inability to effectively communicate with consumers may result in difficult social relationships. While CI is indeed an important consideration in e mployee ability it is not a stand-alone measure of success. Emotional Intelligence (EI) is increasingly being viewed as having a significant influence on job performance and effective leadership in the workforce. A commonly referred to definition of EI was given by Mayer, Caruso and Salovey (1999) â€Å"Emotional intelligence refers to an ability to  recognise the meanings of emotions and their relationships and to reason and problem solve on the basis of them. Emotional intelligence is involved in the capacity to perceive emotions, assimilate emotion-related feelings, understand the information of those emotions and manage them† (p. 267). EI reflects one’s capacity to cope with daily challenges and may assist in predicting both personal and professional success in life. Assets in any working relationship include social awareness, social networking, relationship management, self-awareness and self-management. While small business has long relied on understanding the importance of social networking and keeping healthy relations hips and positive reputation in their community, new technology, globalization and social media now take social awareness and social networking to a whole new level. According to Qualman (2009) global connectivity now results in both positive and negative messages regarding products and services becoming immediately, permanently and easily accessible to the whole world. EI is a valuable asset in employees, particularly in some specialist fields where charisma and empathy are required, such as, sales and marketing, counselling or nursing. Effective leaders, as part of their role in managing relationships, should embody competent levels of respect, empathy, courtesy, motivation and be able to inspire others. The importance of empathy can be illustrated by an American business called Toro who manufacture commercial lawn equipment. The nature of the product results in around 100 serious injuries annually, prior to the appointment of CEO Ken Melrose, Toro faced an average of 50 law suits per year, resulting in massive financial losses to the company. However, Melrose added empathy. Injured workers and their families where meet by company representativ es, sympathies where expressed, investigations made and any needs were meet at the onset. This change in policy has reduced the number of lawsuits from an  average of 50 per year to only one since 1991 when the policy was introduced (Rainey, Chan & Begin, 2008). Furthermore, leaders need teams who are energetic, innovative, creative and passionate (Sloane, 2007). Understanding individual drives and motivations enables management to get the best results from their team. Effective management must be self-aware and have the ability to self-manage, including being aware of and managing moods, adapt appropriate emotions and behaviours to appropriate situations. Jack Welsh, Chairman of General Electric states that â€Å"A leader’s intelligence must have a strong emotional component. He has to have high levels of self-awareness, maturity and self-control.’ (as cited in Balakrishanan & Mouli, 2011, p. 44). EI allows managers to get the best out of their employees. Perks (2007) advises that successful leaders are high in emotional intelligence; they maintain posit ive working relationships and employ adequate coping strategies in all areas of life. Leaders, ideally, should possess emotional intelligence to encourage the best of their team. Emotional intelligence, however, has its limitations. Cherniss (2010) even suggests that EI has produced the highest level of controversy in the social sciences of recent years. More clarity in regard to theory is required. Roberts, Matthews and Zeinder (2010) propose that EI models do not adequately address theory. Furthermore, Roberts suggests that emotional intelligence definitions lack clarity and questions the criterion of which qualities should belong under the banner of emotional intelligence. It seems necessary to adopt one clear common definition. Measures of EI are currently underdeveloped in this relatively new field, more research and the creation of better measures may improve construct validity (Cherniss, 2010). This may result in the development of greater understanding and respect for the field. There is no guarantee that a person high in EI, will use this asset in a positive manner. Individuals with high emotional intelligence may manipulate people or situations for personal gain. Saaty (2001) suggests that decisions are not always based on the greatest idea  but on a person’s ability to persuade others to accept the idea. More exploration and clarification is required to address some of the limitations of emotional intelligence. Modern organisations face fundamentally different problems from those of the in the past, globalization, increases in technology and staff turnover are just some of the issues being confronted. The belief has been held for around a century that higher intelligence in individuals is more valued due to their higher task performance (Viswesvaran & Ones, 2002). Modern organisations provide services, and are organised according to a blend of individual’s, information and communication technology, social capital and recognized talents (Schoemaker & Jonkers, 2005). The measuring of CI enables modern organisations an affordable and speedy way of evaluating an employee’s general mental ability. General mental ability has been related to occupational level on both cross-sectional and longitudinal studies (Schmidt & Hunter, 2004). CI measures allow employers to apply specific cognitive abilities to valid and appropriate positions within the business with a view to discovering the best person for the job. According to Holloway (2003) employing the â€Å"right person for the job† or job fit is more essential now than ever. Job fit can be described as â€Å"the degree to which a person’s cognitive abilities, interests and personality dynamics fit those required for the job† (Russell, 2003, p.27). This is where the importance of emotional intelligences comes into play. A constant balance between understanding the individual drives and motivations of workers and ensuring staff remain engaged, enthusiastic and valued has many rewards for modern organisations. Incorporating a balance between both intelligences gives employees the greatest chance of achieving appropriate job fit. Holloway (2003) states that positive job fit, results in increased job satisfaction, increased productivity and reduced staff turnover. Furthermore, research by O’Reilly, Chatman and Caldwell (1991) suggests newly hired staff whose with values that fit in with the culture of the organisation tend to adjust quicker, remain longer with the company and are overall more satisfied. While Hollaway,  (2003) states th at understanding of workers in regards to work/life balance, personal goals and drives may encourage loyalty reducing turnover, saving on retraining and downtime. Furthermore, EI combined with CI addresses the gaps between management and workers through understanding of positive leading by example management that can result in emulation by employees resulting in a ripple effect throughout the organisation. There is a strong link between emotional intelligence and cognitive intelligence and the combination of both intelligences has become necessary for successful business relations in modern organisations. Cognitive intelligence and emotional intelligence are each important factors in regard to individual differences in the field of organisational behaviour in modern organisations. While general mental ability accounts for many valuable employee assets such as efficiencies in regard to knowledge acquisition and technological aptitude, limitations to validity and measurement of testing and relevance mean that cognitive intelligence is not the only measure of a successful employee. Emotional intelligence also plays a key role in individual success in modern organisations. Effective leadership, self- awareness, social networking, empathy, self-management are all are assets of the emotionally intelligent. Modern organisations benefit from the combination of both intelligences by finding the best fit for the position resulting in higher job satisfaction, higher retention of staff and greater profits. References Balakrishanan, L., & Mouli, S. (2011). Emotional Intelligence – A Key for Effective Employee Management. Amet Journal of Management,1(1),44. Retrieved from http://www.ametjournal.com/attachment/Amet-journal.pdf Bosco, F. A., Nathan, B., & Allen, D. G. (2012, July). Higher validity and less adverse impact! Using â€Å"Executive Attention† to measure cognitive ability. Paper presented at the meeting of the International Personnel Assessment Council, Las Vegas, NV. Cherniss, C. (2010). Emotional intelligence: Toward clarification of a concept. Industrial and Organizational Psychology, 3(2), 110-126. doi:10.1111/j.1754-9434.2010.01231.x Elkind, P., & Burke, D. (2008). The trouble with Steve. Fortune, 157, 54-63. Retrieved from http://personal.bellevuecollege.edu/llum/GBUS101/09WSteveJobs.pdf Gittell, J. H., Cameron, K., Lim, S., & Rivas, V. (2006). Relationships, layoffs, and organizational resilience airline industry responses to September 11. The Journal of Applied Behavioral Science, 42(3), 300-329. doi:10.1177/0021886306286466 Heylighen, F. (n.d.). Gifted People and their Problems. Retrieved from http://pespmc1.vub.ac.be/Papers/GiftedProblems.pdf Higgins, D. M., Peterson, J. B., Pihl, R. O., & Lee, A. G. (2007). Prefrontal cognitive ability, intelligence, Big Five personality, and the prediction of advanced academic and workplace performance. Journal of personality and social psychology, 93(2), 298. doi:10.1037/00223514.93.2.298 Holloway, P. (2003). Job Fitness Series: The Right Person for the Job. AboutPeople. Retrieved from http://www.aboutpeople.com/PDFFiles/The%20Right%20Person%20For%20the%20Job.pdf Kelly, B., (2014). Importance of Teamwork in Organizations, Demand Media retrieved March 8, 2014. Retrieved from http://everydaylife.globalpost.com/importance-teamworkorganizations-12033.html McKenney, J. L., Copeland, D. C., Copeland, D. G., & Mason, R. O. (1995).Waves of change: Business evolution through information technology. Harvard Business Press. Boston, USA. doi: 10.1080/08109029608632025 Mayer, J. D., Caruso, D. R., & Salovey, P. (1999). Emotional intelligence meets traditional standards for an intelligence. Intelligence, 27(4), 267-298. doi:10.1016/s0160-2896(99)00016-1 Mayer, J. D., Roberts, R. D., & Barsade, S. G. (2008). Human abilities: Emotional intelligence. Annual Review Psychology, 59(1), 507-536. doi:10.1146/annurev.psych.59.103006.093646 Nauta, N. & Corten, F. (2002) Tijdschrift voor Bedrijfs- en Verzekeringsgeneeskunde Journal for Occupational and Insurance Physicians, 10(11), 332-335. doi:10.1007/12498.1876-5858 Neisser, U., Boodoo, G., Bouchard Jr, T. J., Boykin, A. W., Brody, N., Ceci, S. J., †¦ & Urbina, S. (1996). Intelligence: Knowns and unknowns. American psychologist, 51(2), 77. doi:10.1037/0003-066x.51.2.77 O’Reilly, C. A., Chatman, J., & Caldwell, D. F. (1991). People and organizational culture: A profile comparison approach to assessing person-organization fit. Academy of management journal, 34(3), 487-516. doi: 10.2307/256404 Patton, J. R. (2003). Intuition in decisions. Management Decision, 41(10), 989-996. doi:10.1108/00251740310509517 Perks, J. (2007, September). The Role of Emotional Intelligence in Business. Computer Weekly.com retrieved from http://www.computerweekly.com/news/2240082956/The-role-of-emotionalintelligence-in-business Qualman, E. (2009). Socialnomics: How Social Media Transforms the Way we Live and do Business. Hoboken, USA. John Wiley & Sons. doi:10.5860/CHOICE.48-1576 Rainey, M. B., Chan, K., & Begin, J. (2008). Characterized by conciliation: Here’s how business can use apology to diffuse litigation. Alternatives to the High Cost of Litigation, 26(7), 131-134. doi: 10.1002/alt.20237 Roberts, R. D., Matthews, G., & Zeinder, M. (2010). Emotional Intelligence: Muddling Through Theory and Measurement. Industrial and Organizational Psychology, 3, 140-144. doi: 10.1111/j.1754-9434.2010.01214.x Russell, C. (2003). Right Person, Right Job: Guess or Know–The Breakthrough Technologies of Performance Information, (2nd ed.). Amherst, USA. HRD Press Inc. Saaty, T. L. (2001). Decision Making for Leaders: the Analytic Hierarchy Process for Decisions in a Complex World (2nd ed.). Pittsburgh, USA. RWS publications. doi: 10.1080/00137918308967693 Schmidt, F. L., & Hunter, J. (2004). General Mental Ability in the World of Work: Occupational Attainment and Job Performance. Journal of Personality and Social Psychology, 86(1), 162173. doi: 10.1037/0022-3514.86.1.162 Schoemaker, M., & Jonker, J. (2005). Managing Intangible Assets: An Essay on Organising Contemporary Organisations Based upon Identity, Competencies and Networks. Journal of Management Development, 24(6), 506-518. doi: 10.1108/02621710510600964 Shea, S.(2009). Capstone: Communications Difficulties Among Individuals With and Without Aspergers Syndrome. Retrieved from: http://www.asdjobsink.com/CommunicationDifficulties.pdf Sloane, P. (2007). The Innovative Leader: How to Inspire Your Team and Drive Creativity. Philadelphia, USA. Kogan Page Publishers. Retrieved from: http://books.google.com.au/books?id=fb1vXOzjIBYC&printsec=frontcover&source=gbs_ge _summary_r&cad=0#v=onepage&q&f=false Sternberg, R. J. 2006. Intelligence. Encyclopedia of Cognitive Science. doi: 10.1002/0470018860.s00555 Viswesvaran, C. & Ones, D. S. (2002). Agreements and Disagreements on the Role of General Mental Ability (GMA) in Industrial, Work, and Organizational Psychology. Human Performance, 15(1/2), 211-231. doi:10.1207/s15327043hup1501&02_13

Law of Negligence: 1st and 2nd essentials of Negligence Essay

INTRODUCTION Negligence is a part of that branch of Civil Law known as Tort Law. Hence, negligence is a tort. Other torts include nuisance, trespass (to person or goods or land), deceit, passing off, defamation and so on. This lecture will examine the tort of negligence, and will focus on the first two ‘essentials’ needed to prove an actionable case. Lecture 4 will consider the third essential, defences and remedies in Negligence. On successful completion of this lecture, you should (within the scope of the course) be able to: * define the meaning of tort * define negligence * identify and describe the three essentials needed to establish a case in negligence * describe and discuss the legal principles used to establish duty of care for negligent actions * describe and discuss the legal principles used to establish duty of care for negligent advice * identify the attributes of the hypothetical ‘reasonable person’ * identify and describe the guidelines used to establish breach in the standard of care TORT A tort is defined as a civil wrong (other than a breach of contract) in the form of a breach of duty for which the legal remedy is an award of damages. Tort Law is quite distinct from the Law of Contract. Pentony, Graw, Lennard and Parker (2003, p.367) puts the difference this way: â€Å"The main difference between tort and contract is that the law of contract essentially deals with the enforcement of rights that the parties have created for themselves through their agreement while the law of torts deals with the enforcement of rights that have been conferred by law – irrespective of agreement.† A tort will impose a duty of some kind on a person or persons in certain circumstances, and its breach can entitle the plaintiff to damages as  compensation for the loss or injury suffered. The rights that the tort law protects include the rights of individuals not to have their property, reputation, person or certain interests injured. NEGLIGENCE As noted above, Negligence is but one of a number of torts, albeit the most important one. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm. That is, the plaintiff does not have to prove that the defendant either intended his act or its consequences. However, negligence involves more than just careless conduct, and involves a combination of the concepts of duty, breach and sufficient connection in law. Accordingly, there are 3 essentials which the plaintiff must prove ‘on the balance of probabilities’ in order to succeed in an action in negligence: 1. the defendant owed the plaintiff a duty of care; 2. the defendant failed to conform to the required standard of care; and 3. there was a sufficient connection in law between the defendant’s conduct and the damage (i.e. loss or injury) suffered by the plaintiff (note: the 3rd essential is often discussed in the literature under the heading of ‘damage’ instead of ‘sufficient connection in law† (for example, the Understanding Business Law text at page 718). There is little practical difference between the two terms for our purposes, and the essentials as listed above will be used in our discussions. The Law of Negligence has evolved dramatically during the twentieth century. Donoghue v. Stevenson [1932] AC 562 was a landmark case which laid down the test for duty of care and held that a manufacturer was liable to the ultimate consumer for any damage or injury arising from the consumption or use of goods which were faulty because of the manufacturer’s negligent act. A further watershed in negligence law in Australia came with Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, where the court held that those who give gratuitous advice could be held liable for any damage if the advice was negligent. * * DUTY OF CARE The Defendant must owe the Plaintiff a duty of care, which the Plaintiff must prove on the balance of probabilities. If no duty of care is owed, the Plaintiff’s claim must fail. The judge at the trial has the responsibility for deciding whether or not a duty of care exists as the issue is a question of law having regard to the facts of the case. The method used to test the existence of a duty of care will differ depending on whether the action involves negligent advice or a negligent act. The test for duty of care in negligent acts is now relatively complicated, although it evolved from the relatively straightforward test from Donoghue v. Stevenson [1932] AC 562 which was based on whether or not the injury was reasonably foreseeable, and the closeness or proximity of the plaintiff to the defendant. On the other hand, the test for duty of care in negligent advice developed from Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 and is based on whether or not the advice was for a serious matter which the adviser is expected to give his or her best advice and it was reasonable that the recipient act on the advice. * * Duty of Care for Negligent Acts * * Historical background: Doctrine of Reasonable Foreseeability and Proximity The historic test for establishing the existence of a duty of care in actions involving negligent acts was laid down by the House of Lords decision in Donoghue v. Stevenson [1932] AC 562. In that decision, the twin duty of care elements of ‘reasonable foreseeability’ and ‘proximity’ were stated in the ‘neighbour test’ by Lord Atkin: * * The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the  lawyer’s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question. * * Hence, for Lord Atkin’s neighbour test, two issues needed to be satisfied: reasonable foreseeability and proximity. For reasonable foreseeability, the question was – would a reasonable person, in the position of the Defendant, have foreseen the likelihood of injury to the Plaintiff arising out of the Defendant’s behaviour? For proximity, the question can be posed thus – was the proximity (closeness) of the injured Plaintiff such that the Defendant ought to have had him/her in mind when doing the alleged negligent act? The test of reasonable foreseeability is an objective one: that is, what would a reasonable person have foreseen, rather than what the Defendant actually foresaw at the time. Further, it is not necessary that the exact nature of the loss or injury been foreseen, just the likelihood of injury of the same general character as that suffered. Both aspects do not require the Defendant to be actually aware of or know the Plaintiff as an individual – it is sufficient that the plaintiff belong to a class of persons of whom the Defendant ought to have been aware when doing the alleged negligent act. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 695/696 ————————————————- Donoghue v. Stevenson [1932] AC 562 * * Contemporary situation * From a number of decisions in the 1990s, the High Court moved decidedly away from a ‘one-best’ approach for duty of care for  negligent actions and opted for a ‘broad approach’. In particular, the High Court expressed dissatisfaction with ‘proximity’ – â€Å"proximity is no longer accepted as the defining test [authors’ italics] to establish whether there is a ‘duty of care’ in any particular case† (Pentony, Graw, Lennard and Parker, 2008, p. 698). As the Understanding Business Law text (at page 698) notes, the following pattern appears to best represent current High Court thinking in the establishment of a duty of care: * * 1. Determine whether or not a reasonably foreseeable risk of injury existed; without reasonable foreseeability, no duty of care can exist. In some cases (especially those involving direct physical harm from the negligent action), reasonable foreseeability may be adequate in establishing a duty of care by itself. * * 2. Determine whether or not the present case is analogous to cases in which a duty of care has already been established (or is in a category in which a duty of care has been held not to exist). For example, employers are under a general duty of care, which cannot be delegated to others, to provide a safe system of work for their employees. The driver of a motor vehicle owes a duty of care to pedestrians, other road users and adjacent property owners. Other relationships which may give rise to a duty of care include: professionals to clients, schools to students and manufacturers to consumers. * * 3. If the case does not fall into an established category, the Court may look at the important features of the case to establish whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care. In establishing this, the courts can consider the plaintiff’s vulnerability in the matter, along with their reliance on the wrongdoer, the wrongdoer’s assumption of responsibility (if any) and the wrongdoer’s level of control in their actions. * * 4. Determine whether or not ‘policy’ considerations exist which may work against the finding of a duty of care in such circumstances, especially where a defendant might otherwise be subjected to liability of an indeterminate extent; such considerations â€Å"allow the courts to weigh competing considerations of legal policy to determine whether, despite proof of foreseeability and neighbourhood, a duty should not be imposed† (Pentony, Graw, Lennard and Parker, 2003, p. 374). * * ————————————————- Specific reading from the Understanding Business Law (2008) text * ————————————————- Chapter 22, section 22.22 through 22.29 discusses the contemporary approach in detail. * * Once the facts of the case support the finding that the Defendant owed the Plaintiff a duty of care when doing the alleged negligent act, it does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: * (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4) Duty of Care for Negligent Advice There are clear differences between negligent words and negligent acts. According to Chief Justice Gibbs in Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, there are three key points of departure, summarized as follows. First, negligent words cannot cause loss by themselves – they cause loss only because persons act on them in reliance. Second, it is not uncommon for people in social or informal contexts to make statements less carefully than if they were giving advice in business or  professionally. Last, words may foreseeability receive such a coverage or circulation that the application of Donoghue v. Stevenson (i.e. neighbourhood) might lead to many claims for large amounts of damages. Accordingly, the High Court in Shaddock developed the following test involving the following three questions, all of which must be answered in the affirmative for a duty of care to exist: 1. Was the advice given on a serious matter? 2. Did the speaker realise, or ought he to have realised, that his advice would be acted upon? 2. Was it reasonable for the recipient to act on the advice? ————————————————- Case Summary reading – Understanding Business Law (2008) text, pages 729-730 ————————————————- Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 Once the facts of the case support the Shaddock tests, it can be concluded that the adviser owed the plaintiff a duty of care. However, such a finding does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4). * BREACH OF STANDARD OF CARE Given that a duty of care is owed, then how much care has to be exercised? The defendant has to take reasonable care, that is, to act as a reasonable person would have in the circumstances. The ‘reasonable person’ is not a real person – merely a hypothetical benchmark or device used by the courts, and is deemed to have the following attributes: 1. Intelligence There is a presumption of average intelligence. If a defendant has above average intelligence, this person is not judged according to above average intelligence. On the other hand, if a person has below average intelligence, this person is judged according to the same standard – the standard for a person of average intelligence. 2. Knowledge and Skill There is a presumption of a certain level of knowledge and skill that can reasonably be expected of persons in the position, trade, qualifications or profession of the defendant. The defendant’s actual knowledge and skill are generally irrelevant, as the presumed amount depends on the qualifications the person possesses. For example, drivers must have the skill of a competent driver, and people in a trade, profession or business are measured by standards of knowledge and skill which one can reasonably expect in the trade, profession or business. These standards are set by objectively analysed community standards and not the prevailing standards of the particular profession which may have lagged behind perceived community standards. If a person holds out that they have special knowledge or skill not normally associated with the trade, business or profession, then that person will be judged on the basis that he does have these superior standards. However, if people who have additional expertise do not hold themselves out as having such additional expertise, then they will only be judged by the standards applicable to the trade, business or profession they are practising. There are some exceptions, including minors, who are judged against normal children of the same age. * * Guidelines as to Breach of Standard of Care The Courts have developed various guidelines which may be relevant and useful in determining a breach in the standard of care in the circumstances: * The Probability of Harm * The Seriousness of Possible Injury * The Costs and Opportunities of reducing or avoiding the risk * The Value of the Defendant’s Conduct * Conformity with Established Standards * * The Probability of Harm The guideline establishes that the greater the probability of harm, the greater the amount of care which has to be taken. That is, the greater the risk of some kind of harmful injury or loss occurring in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 709 ————————————————- Bolton v Stone [1951] AC 850 * * The Seriousness of Possible Injury The guideline establishes that the more serious the possible consequences of injury, the greater the degree of care which has to be shown. That is, the greater the likelihood that some serious injury will arise in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 708 ————————————————- Paris v Stepney Borough Council [1951] AC 367 * * The Cost and Opportunities of Reducing/Avoiding the Risk The guideline establishes that when cost and difficulty of avoiding risk is great and the actual risk is small, then there is less likelihood of a breach, and vice versa. That is, if the cost and difficulty of avoiding the risk is small and the actual risk is great, then there is a greater likelihood of a breach if remedial action is not taken. ————————————————- Case Summary reading – Understanding Business Law (2003) text, page 381 ————————————————- Latimer v AEC Ltd [1953] AC 643 (section 16.40) * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 712 ————————————————- Haley v London Electricity Board [1965] AC 778 * * The Value of the Defendant’s Conduct The guideline establishes that the less the social or economic value of the defendant’s conduct the greater the likelihood of a breach in the standard of care and vice versa. This of course does not mean that providers of essential services can be careless. The guideline arguably imposes a public policy dimension on the standard of care issue. * Conformity with established standards Conformity with established standards in any trade or profession is important evidence that reasonable care exercised, and vice versa. ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 714 ————————————————- Derrick v Cheung (2001) 181 ALR 301 ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 715 (section 22.46) Mercer v Commissioner for Road Transport and Tramways (NSW) (1937) 56 CLR 580 The standard of care is set by reference to objectively assessed community values. Indeed, just because a defendant follows common practice does not necessarily show that he is not negligent as a common practice may be shown by evidence to be itself negligent. * * ————————————————- Reading for this lecture from the Understanding Business Law text * ————————————————- Read Chapter 22, sections 22.1 through 22.47.; sections 22.67 through 22.74 * * * Self test exercises – Lecture 3 Multiple choice questions 1. Which of the following is true of torts? a) includes any civil wrong b) has an award of damages as the legal remedy c) does include breaches of contract d) all of the above e) both (b) and (c) above 2. Which of the following is not relevant in establishing Negligence? a) there was a contractual agreement between the plaintiff and the defendant b) the defendant failed to show the required standard of care c) the defendant owed the plaintiff a duty of care d) the defendant intended to harm the plaintiff e) both (a) and (d) above 3. The twin tests of reasonable foreseeability and proximity have historically been used to establish a) whether or not a breach in the required extent of care has arisen b) a duty of care for negligent actions c) that the damage suffered by the plaintiff was not too remote d) the defendant’s liability for damages in tort generally e) none of the above 4. Which of the following is relevant to the contemporary approach to establishing a Duty of Care for negligent conduct? a) determine whether or not a reasonably foreseeable risk of injury existed b) determine whether or not the case before the court is analogous to previous cases in which a duty of care has been found to exist c) determine whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care d) determine whether or not policy considerations exist which may work against the finding of a duty of care e) all of the above 5. In which of the following is Donoghue v Stevenson [1932] most associated in this unit? a) value of the defendant’s conduct b) remoteness of loss c) causation d) duty of care for negligent acts e) contributory negligence 6. Under the contemporary approach to establishing a Duty of Care, which of the following relationships would likely give rise to a duty of care? a) Alan, an employer and Bob, an employee of Alan b) Echo, a driver of a motor vehicle, and Foxtrot, another road user c) Alpha, a doctor, and Bravo, his patient d) Maker, a manufacturer, and User, a consumer of his products e) all of the above 7. Which of the following is a requirement for establishing duty of care in negligent advice from Shaddock v Parramatta City Council (1981)? a) the advice must be true and correct b) it was reasonable for the recipient to act on the advice b) the speaker realised or should have realised that the recipient would act on the advice c) the recipient paid for the advice e) both (b) and (c) 8. In relation to an action in Negligence, how much care must the defendant have shown in the circumstances to avoid breaching the required standard of care? a) the amount of care a reasonable person would have shown b) the amount of care the plaintiff would himself have shown c) the amount of care the defendant actually showed d) the amount of care an ordinary person standing nearby would have shown e) the amount of care a lawyer would have shown in the circumstances 9. In which of the following is Haley v London Electricity Board [1965] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 10. In which of the following is Paris v Stepney Borough Council [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 11. In which of the following is Derrick v Cheung (2001) most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 12. In which of the following is Bolton v Stone [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards * * * * Short Answer Questions * * Question 1 In a negligence case, name and describe one (1) guideline which the court may use to determine whether the required standard of care has been met. Question 2 Briefly explain the significance of the decision in Donoghue v. Stevenson. Question 3 In the tort of negligent advice, how does the law determine whether the defendant owed the plaintiff a duty of care? Question 4 Who or what is a ‘reasonable person’? LAW1100D TUTORIAL 3 Question 1 The WA Parliament passes legislation and an industry body is concerned about the interpretation and application of a particular section which states: â€Å"no person shall sell or offer to sell an offensive weapon in a shop.† Unfortunately, there is no definition of the term ‘offensive weapon’ in the legislation. The industry body’s concern about the possible application of the Act to four of its members (a supermarket, a hobby shop, a coffee shop proprietor and an antiques shop owner) centres around four possible scenarios: (i) Would the section apply to a supermarket which gives away a free steak knife for every purchase of goods over $100? (ii) Would the section apply to a hobby shop which sells a plastic toy gun for $20 to a customer? (iii) Would the section apply to a coffee shop in which a customer drinking coffee at a table also sells a flick-knife for $15 to another customer? (iv) Would the section apply to an antique shop which sells a Napoleonic cavalry sword to a collector for $25,000? What is the likely interpretation of the statute for each of these scenarios? Use the rules of statutory interpretation to support your answer. Question 2 A section of an Act provides as follows: â€Å"Where a mortgagee sells land to recover the amount of a loan advanced on the security of the land and the sale of the land provides more than the balance of the mortgage, the balance after sale shall go to the person entitled to the property.† Mark mortgaged his land to ABC Bank in return for a loan of $200,000. Mark is unable to repay the loan, and the ABC Bank (which was given the power of sale by the mortgage document) sold the land to Fred for $250,000. Using the rules of statutory interpretation, which party gets the balance of $50,000 – is it ABC Bank, Mark or Fred? Question 3 â€Å"We are told that law is a set of rules that is ultimately enforced in the Courts. One source of law is statute law. To enforce a rule in a statute,  the meaning of it must be understood. To understand the meaning, the words of the rule must be interpreted. If we are to have confidence in the law, this interpretation must be consistent case after case.† Reflect on the above statement, and then describe the aids to interpretation provided by the Parliament and the common law statutory interpretation rules used by the Courts. In your answer, discuss whether or not you think these aids to interpretation and rules are sufficient to ensure the consistent interpretation of statutes.

Mosquito Bite Protection 10 Tips for the Forest User

There is a risk of mosquito bite every time you enter a forest or work in and around the woods. In addition to being uncomfortable, mosquito bites can cause illnesses which include several types of encephalitis, dengue and yellow fever, malaria, and West Nile virus. The actual bite comes from the female who feeds in the evening and at night. Late summertime is usually peak mosquito season but can happen any time conditions become optimal. Wet weather and high humidity during a period of warm weather rapidly increase  mosquito populations, especially where there are standing pools of water. Obviously, more insects generate more bites and a greater likelihood of the spread of disease.Annual West Nile virus outbreaks are associated with large populations of mosquitos. You do need to be aware of potential health issues in your location and be able to prevent mosquito bites. But dont worry too much. In reality, according to mosquito expert Dr. Andrew Spielman, your chances of getting a disease is one in a million. So the good news is that human illness from West Nile virus and other diseases are rare in North America, even in areas where the virus has been reported. The chance that any one person is going to become ill from a mosquito bite is low. The bad news is  if you work or play in the woods your chances for bites go up which increases your exposure to mosquito-borne disease. 10 Mosquito Bite Protection Tips Here are ten tips to help you reduce the risk of mosquito bites: Apply insect repellent containing DEET (N,N-diethyl-meta-toluamide) when youre outdoors.Wear loose fitting clothes to help prevent mosquitoes from reaching the skin and to retain less heat.Whenever possible, wear long-sleeved clothes, socks and long pants.In a forest, wear clothing that helps you blend in with the background. Mosquitoes hone in on color contrast and movement.Treat your clothes with permethrin repellents. Do not use permethrins on your skin!Avoid perfumes, colognes, fragrant hair sprays, lotions and soaps which attract mosquitoes.Reduce your risk of exposure by staying indoors during peak mosquito feeding hours (from dusk until dawn).Avoid lingering in places where mosquitoes lay their eggs. Usually, this is around standing water.Spray a pyrethrin into the air when confined to a certain outside area.Taking vitamin B, garlic, eating bananas, constructing bat houses and hanging insect zappers are not effective against mosquitoes. Natural Mosquito Repellents Some of these tips are heavily dependent on using chemicals that have been safety tested and approved for human use. Still, there are times you might prefer to use natural mosquito repellents and practices that limit insect exposure. Avoid outside activities that increase skin temperature, skin moisture, and sweating. Also avoid strong fruity or floral fragrances and clothing with extreme color contrasts. Consider using natural volatile plant oils. Oils in this category include citrus, cedar, eucalyptus and citronella. These oils can be used safely both on the skin or released as a smoke. They can be enhanced when several are used at the same time.