The Law on Recovery for Psychiatric Injury Caused by Negligence is Essay

The Law on Recovery for Psychiatric Injury Caused by Negligence is Strongly in Need of Reform - Essay Example This is because there must be actual psychiatric injury that is easy to prove which makes sorrow, grief and fear not sufficient to win a case. For a defendant to be established as negligent, the claimant must be able to prove three things.2 First aspect, the claimant must prove that the defendant owed the claimant a duty of care which is a responsibility to avoid sloppy actions that could cause damage to one or more persons. The duty of care is further explained as the responsibility of ensuring that you do not do any harm or fail to do something that may likely injure your neighbor. The law however does not give details on who the neighbor is supposed to be. This is one of the reasons that the law should be amended since it does not give a clear definition of who our neighbor is, if it is a person one closely relates to, people defined by property proximity or people you relate with everyday. The next factor considered in duty of care, the claimant must provide evidence that the def endant failed to grant the appropriate standard of care that a sensible person would have provided in similar circumstances.3 The standard of care is explained as a way of measuring how well and much care a reasonable person owes another. There are rules that come with this duty, whether the defendant is a learner, child or a professional because standards differ from one person to another. Some people’s standards of care are higher than others depending on your call of duty or even your line of work. Drivers and doctors, for example, have a higher standard of care toward other people than the reasonable human being because there are responsible to other people’s lives than themselves. It does not matter whether they are learners of profession since there standards of duty are set much higher than other professions. This law is determined by so many factors which makes it ambiguous to prove ones guilt or innocence. Example for people with the skill to do something that any reasonable person would not be able to do is charged with negligence for lack of standard to care of duty. There is also the situation where a child commits a deed with intention of harming others are judged as adults yet there are other rules applied to the same misconduct if the person is of a certain age group. There should be many factors when deciding reasonable standards of duty and care for reasonable people. Example, if there could have been prevention from both parties to avoid more harm and what cautions could be taken by reasonable persons. All the risks involved and the degree of the same by the claimant to reasonable person. Extent of the harm will also be well thought-out in court. The damage to the claimant will be taken into account as there may be two similar damages but of different magnitude which will be unfair to rule equally yet the extent of damage to one was more than the other. It is important to ensure that all the three consideration are taken into ac count so that all the claimants affected by psychiatric disorder caused by negligence are given a fair trial. The claimant must also verify that the events of the defendant were the reason of the plaintiff’s injuries or breakdown. Influencing the cause, known as getting facts, is time and again done by applying but for experiment. Damage would not have happened but for the defendant’s measures. If a driver takes a group of people on a road trip and fails to install seat belts in the car and they

Heart Of Darkness :: essays research papers fc

Throughout the story, Heart of Darkness, there is a thin line between what is seen as reality and what is illusion. The main character soon realizes that he has different interpretations of events and physical things than that of the Europeans. Charlie Marlow first realizes how many things, events and even people, in Africa, seemed misnamed by the Europeans, distorting them from what they truly are. Consequently he is wary of labeling something in case he might misname it and as a result devalue it. In the end, Kurtz, who has already reached enlightenment, will be the one to teach Marlow, though not directly, the significance of a name. Charlie Marlow is the only one to be referred to by his name because through his journey to the inner station and consequent enlightenment, he alone, with Kurtz, have realized the importance of a name and therefore deserve to have one attached to them, as they are really the only people of actual importance and meaning. As soon as Marlow reaches the c oast of Africa, he realizes a difference in the perception of certain events by him and his comrades on the boat. As Marlow’s boat pulls up to the Outer Station, he sees a man-of-war shelling the continent, which is quickly clarified, by a pilgrim, to be a front against "a camp of natives - he called them enemies! - hidden out of sight somewhere" (Conrad 78) Marlow felt a "touch of insanity" in the whole concept of shelling the natives, who had done nothing to be considered enemies or criminals and had very likely fled the area a long time ago. Yet the Europeans feel that the natives are truly a threat and must be controlled. Further along, Marlow meets a pilgrim who is called the brick-maker, yet promptly notices that there is "not a scrap of brick anywhere in the station". This is another example of how something, in this case the brick-maker, is misnamed, as he is not actually a brick-maker since he does not make any bricks at all, and therefo re really has no purpose there. A final example of how things are misnamed and distorted is pertaining to Kurtz. Firstly, "kurtz" means short, yet to Marlow, the man appears to be "seven feet long" (Conrad 135). Likewise, when the uncle and the nephew talk about Kurtz, who Marlow has heard to be a great and remarkable man, they only refer to him as "that man" and "scoundrel".

The World of Business

The world of business today requires that companies place their performance on an operation aspect so that all channels may perform to their best and lead to productive interdependence within the organization. The human resource management portfolio is of great importance to each firm because it guides its decisions and how it functions within them. When the firm employs good Human Resource Manager, there are high chances of performance in productivity, costs and quality of products and overall efficiency. Hence, a firm should adopt the quality HRM to enjoy its benefits as well as have an advantage in solving any risks that may have come up before. Its HRM pedagogies will eventually provide a platform, through which it attracts, retains and trains its existing assets with the highest value. On the other hand, without human contribution, there would be no appreciated management. In this precept, for good performance of any organization, it requires motivation, engagement, and satisfaction of the human aspect to operate efficiently and smoothly. Job satisfaction is consequently determined so that customer satisfaction may also be measured. This is because employee dissatisfaction in their job may lead to the provision of inadequate services, which may eventually lead to customer dissatisfaction as well. Hence, it is the responsibility of the human resource as a labor-intensive industry to sensitize on the delivery of excellent services to clients so that maximum customer satisfaction may be achieved as a result. When managing any project, a well stipulated project goals and objective must be outlined by the HRM. The manager should keenly look at how the objectives will be realized and outlining how the resources needed to achieve the goals. He plays a very important role is implementing good plans for the project alongside taking risks that ensures the project does well. A good manager identifies all the competing demands from various stakeholders and ensuring that a commonality of purpose is realized. He is an instrumental person in an organization because he schedules the entire plan, he encourages teamwork, maximizes available resources, manages change and good quality of output. He is also responsible for evaluating the progress and the performance of an organization. Therefore, the presence of human resource is very essential within any organization.A good manager brings high performance to an organization. Good performance is the ultimate measure of a well doing organization. The manager must be empowered to take appropriate decisions that contribute to the well being of the organization. He uses the authority and the power bestowed upon him to make decision on how to allocate available resources. He does the same on administration, communication, technological choices and any other matter that pertain the project that may need his attention. In so doing, there will be high performance in within the set up. High performance on the other hand makes the clients have the intrinsic drive to attain their services from the firm. Most of the client will bestow their trust on the services provided because of good leadership. It also makes the company have good relationship working relationship with other neighboring organizations and with the workers themselves. Because of the competition in today`s market, current organizations need good management without which they are subjected to failure. In this plinth, the purpose of this assignment is to securitize the appropriate pedagogical approaches that the resource manager can employ within the organization to improve on the organizational output. Good performance of the organization depend on various aspects like motivation, job security, compensation, good working environment, advancement in line of duties among many other factors.2.0 DiscussionDefinitions of Performance Management and High Performance Work According to Martha Lagace (2009), companies that record high performance are actually led by their original founder members or by their transformational. In this case, they are people who can be responsible of any crisis that occurs in the company and attend to it appropriately. They are able to achieve high standards of commitments from all the stakeholders within the organization. In so doing, the firms retains the clients for a very long period of time, the employees are care for well because they have good working environment, and investors are attracted to venture into the firm because of good production. This illustration is supported by Michael Beer, the Cahners-Rabb Professor in the School of Business Administration, Emertus by saying that such firms attain excellence for long period of time. Companies with good performance output have positive contribution to the customers the employees, investors and the community at large. They also grow by outlining their idiosyncratic capabilities in order to make them move into wider markets to attain products and services and geographical locations for their firms. According to Gong, Law, Chang and Xin (2009), high performance work system represents a detailed, incorporated and systematic approach where the human resource manager works tirelessly to ensure that all the set goals and objectives are met. He ensures that he utilizes the resources, manpower, and any other available material to meet the satisfaction of the firm. In this dictum, evaluation of high performance of work is extensively examined because it their outermost priority. According to the definition, the employees are very instrumental in realizing the set objective of the firm. They are treated with a lot of dignity and decorum because they solicit all ways possible to ensure that there is maximization of profit within the firm. Any institutional factor or environment as a context that may affect or influence high performance of the firm is looked into with a lot of keenness. The firms also provide good geographical location, which are at central places to be accessed by the clients most of the time. An example of a case study in Chinese gives empirical results that firm with HPWS connection is mediated by the adaptive aptitude. Also, the effect of high performance work system on firms with adaptive capability is more strong that the firms within an institutional sector. Therefore, the location of the firm matters a lot as far as high performance is concerned. A similar description is explained by The Management of Engineering and Technology (2002), a methodical approach used by organization to attain high production standards. Through the process, the company aims at achieving effective operational skills, innovation, and high quality results for their customers. They work tirelessly to ensure that the clients get the best goods and services and they are retrained most of the time. In this case, there are five organizational practices that are keenly looked into to ensure that the high performance is realized. The first one being good leadership, empowerment of the employees, pioneering in human resource management, good measuring of performance and ensuring employees have good knowledge in whatever thing they are doing. In this regard, the firm is assured of attaining high performance since the clients will be served with high quality of products and services all the time.3.0 Performance Management Conceptual FrameworkMost of the managers think that filling report is the most important aspect in attaining good performance. However much this might be necessary, attaining high performance entails a lot. All too often, performance management if not looked into, sometimes become the weakest link within the chain of management, therefore, the managers should put a lot of considerations into it. The figure below shows some of the important aspect that the managers of organizations should look into to ensure high performance is realized. From the framework, a lot of derivations can be madePerformance management system depend on the factors like evaluating performance standards, measuring performance of the employees, reporting the progress to the topmost leadership and improving the quality of the products.3.1 Goal Setting TheoryEdwin Locke defines goal setting theory of motivation as the goal set by the organization to be directly proportional to performance. When the goals set are directly adhered to under proper management, the performance has to be positive by a great margin. In simple words, goals set enable the employer to give the appropriate directions to the employees. Employees on the other hand, are enticed to work extra hard to achieve the goals laid. The readiness to work towards attaining the set goals is the driving force in motivation. Goals set act as motivational factors to the employees and the employer; hence, they work in tandem to achieve them. High goals set are more motivating than easy, all-purpose and hazy goals because they are easily attained. Edwin and Gary, 2015, gives clarity that the goals set must be SMART; Specific, Measurable, Achievable, Realistic and can be achieved within a given Time-bound. Specific goals give best results and it is easier to measure and appreciate because it inspires one in achieving the set objectives.Nevertheless, the goal setting theory has its pros and cons. Some of the pro`s is that it provides a constructive way of evaluating workers performance and commitment. It also gives appropriate feedback on the progress made by the organization. Another advantage is point a clear ladder of coordination between the workers and gives proper channel of communication. In addition, it defines structured goals that help in the managers in realizing the objective of the organization. On the same plinth, the theory has it weakness. The conflict between the organizational skills may lead to disagreement between the stakeholders if the matter is not solved with care. The theory may not work well in institutions with low goals, where the goals are not well defined because the managers do aim higher. On the same not, it may demoralize the performance of the employees because they are not motivate to work extra hard. When the goals are not well defined and challenging, the employees work reluctantly because there is nothing to challenge them. There is no convincing evidence that goal setting theory satisfies the members. When the members are not satisfied with the job they do, there is high likelihood that they can run away from the job. Also, when the employer is not satisfied, there will be managerial problems which may eventually lead to the decline of the organization. Another point worth noting is that the theory does improve or provide room for the additional skills like competency to the employee. Proficiency is very pivotal for quality production to the organization. In this dictum, if the theory cannot provide that to the workers, then the goal setting theory can easily fail hence undermining the progress of the organization as far as performance is concerned. From the analysis made, it is eminent does not suit an organization that aims at attaining high performance work system. The theory records a lot of limitations than advantages, hence making it unsuitable for such a setup. In case the leader is one who is focused and goal oriented or he is one who aims at providing greater leeway for the organization and is after mobilizing what is to be done, then the theory is not appropriate. Goal setting is one of the most cognitive needs of any organization. A leader may or may not seek to have organizational goals, but provide for his self satisfaction, such a leader can best apply goals setting theory. When setting up the theories to use within an organization, one should be very speculative to use the theories that makes the organization prosper. Goals setting as an example of motivation to the employees, only appeals to someone who is irrefutable oriented. Because of this, one may be evoked to compare personality when choosing the theories to use. A non-interventionist may be more obsessed with this type of theory and may not lay out the goals that transform the organization. All in all, such details might involve professional and administrative aspects like recordkeeping, job hierarchies, evaluation of reports which a leader who uses goal setting theory might not be ready for. 3.2 Process of Management In this case, a case study is done to evaluate the management of performance system in Malaysian government linked company. The purpose of the study was to examine the industrialization of the performance management system. It looked at some of the changes brought about by the government linked company program. The findings state that the activities of the company brought some changes in the way the business was operating. The finding states that the active became a routine appraising to the performance of the employees. In this case the employees became decoupled from all the activities taking place within the organization. In this precept, it did not change the ways in which members were carrying out their duties since no new ideas were brought in. this process is realized to be time consuming and costly in away and it is subject to confrontation. For any change to be effected in any government linked organization, a strong set up of management must be stipulated lest most of the things go a mess.3.3 Employees Skills and Training NeedsThe case study is carried out in from the Oil and Gas Industry in the UK. Fromm the study, workers need a lot for their satisfaction. Their skills need to be improved so that they give quality output. They also needs incentives whenever they do good, motivation makes them work aiming at achieving the set objectives. The company needs to organize for workshops and seminars to help improve in the skills of the employees since for them to produce quality products to merge the completive market. From the study, in as much as everyone in the industry may require training, it is realized that those having less experiences need to train more than any other worker. Training makes them work as opposed to before because there is acquisition of new skills. Also the management gets more clients since the level of production is increased and the quality of products also goes high. The specialists are involved in the training and by the end of the session; there is a lot of benefit inquired. An organization which aims at producing high performance work system must train her workers to and meet their needs. When the needs of the employees are met within appropriate time, they feel that they are catered for and respected. This makes them to work extra hard to achieve the set objectives. Training also increases the salary scale of the employees since additional experience is added to them.3.4 Crucial role of line Managers and HR in enabling and managing High Performance and ProductivityLine managers and Human Resource are very instrumental in ensuring that there is high performance in productivity. Partnership of lime managers and human resource is increasingly becoming common in most of the organization. HR department is entirely responsible for all human resource management activities, and a line manager shares the same responsibilities. Line manager have the power to influence the behavior of the employee to improve on the productivity. They play crucial role in coordinating the resources allocated in the organization for it to achieve the set goals and objective.A case study carried out in UK to show the relationship between the role of line managers and human resource point out that the line managers and human resource are interdependent. They both assist in sharing knowledge that improves the output of the organization. In this plinth, the lone manager is very premeditated in all the aspects of Human Resource manager. The ultimate goal of their interaction is towards bringing raising the performance of the company. The research shows that for an organization to be fit in the current future challenges that face them, the two has to partner. They ensure that poor and low performing employees are taken through training so that they merge the standards of the organization. They two in artnership, help in developing and reviewing policies that contribute to the positive growth of the organization. They foresee any problem that might affect the organization and prevent it in time without necessarily affecting the workers. They also plan for both long and short term goals and state how they should be achieved. In case a plan fails, they come together and find alternative means that can be substituted immediately so that the organization does not get into problems. They solve the problems that may arise among workers and ensures there is peaceful co existence among them. By doing so, they act as role models to the employees hence enabling them work in peace, love and unity. Therefore, the line managers and the human resource are very pivotal in ensuring that the organization achieves high performance work system.4.0 ConclusionsFrom the discussion, series of conclusions can be arrived at. First, in order to improve the performance of an organization, a lot should be put into considerations. There should be high performance from the employees. The human resource should ensure that appropriate approaches are put to meet the standards of the organization. Putting keen consideration on the welfare of the employees is very instrumental since it makes them work with motivation. From the discussion, the manager should apply appropriate theories that can bring good results to the development of the organization. Also, in order to attain good results, the employees who are undertrained should be taken through workshops and seminars to help in improving their experience. In so doing, the organization invests in them and quality of produce is realized. Lastly, line mangers and human resources managers are vey essential in the well being of an organization. Their presence makes the association firm because they help in laying out structures that improve the performance of the organization.

Compare Carol Ann Duffys Valentine to Andrew Marvells...

Compare Carol Ann Duffys Valentine to Andrew Marvells To His Coy Mistress In this assignment I will be comparing two love poems Carol Ann Duffys Valentine to Andrew Marvells To His Coy Mistress. The poem Valentine was written is the twentieth century and in it the speaker uses onion as a metaphor to show her love. The poem To His Coy Mistress was written in the seventeenth century and is about the poet trying to persuade his Mistress to sleep with him. Valentine by Carol Ann Duffy is very different to any other love poem as you would expect to read something romantic, instead she writes about an onion. The poem is divided into four main stanzas and each stanza tells us something new about the relationship†¦show more content†¦She explains that she does not wish to be unkind. She is being realistic. Im trying to be truthful. Not a cute card or a kiss-o-gram she does not believe in giving commercial tokens of love like a card or a bunch of flowers. In the third stanza she gives the onion, I give you an onion- She uses a metaphor. Its fierce kiss will stay on you lip the bitter taste on an onion remains on a persons lips. The memory of a kiss can stay with one forever. Possessive and faithful as we are, for as long as we are She suggests that love affairs only last for the time that two people are interested in each other or it could mean till they die. The fourth stanza carries on with the extended metaphor as she insists that he accepts her gift Take it. She compares the loops of an onion to a wedding ring and implies that marriage can deaden love and passion. Marriage is lethal in her opinion. In the extended metaphor she expresses her feeling, sometimes people never recover from a broken romance. They will continue to experience heartache, pain, bitterness. Its scent will cling to your fingertips, cling to your knife. The repetition of the word cling is effective. The word knife conveys the image of a wound. The poet has obviously been hurt in previous relationships. As we just saw above the title of the poem is Valentines and we first expect it to be a romantic poem but as we read on we see that it had