Organizational Structure of Starbucks

Organizational Structure of Starbucks Starbucks have built a global coffee empire on the basis of quality inexpensive drinks. In February 2009 the Seattle based Company announced that it will close more than 300 stores which would impact 6,000 people and result in 700 layoffs. Starbucks have stated that they will continue to expand its presence in Europe and staff that is laid off will be given the opportunity of alternate jobs in these stores. They are planning to open 150 new stores in 2009/10. At this moment in time Starbucks are represented in more than 15,000 locations worldwide. The Mission statement of Starbucks has been defined as Our mission: to inspire and nurture the human spirit one person, one cup and one neighborhood at a time. (Farfan, 2012). The vision of Starbucks is all about quality and people. They want to enrich the lives of people by making Starbucks the premier neighborhood coffee shop and be seen as a social influence of good in peoples daily lives. Starbucks have a number of value statements and this is illustrated on their Canadian web site  [1]  where they enumerate:- where they enumerate:- The Coffee its all about the passion for coffee and finding the best ingredients and roasting the beans. They believe passionately in concepts of fair trade and enriching the lives of the coffee growers Partners The firm considers all of its staff as partners and inclusive in the contribution and wellbeing of the business. This ethos extends to its entire international operation. Customers Its all about social interaction with our customers and ensuring that they have an enjoyable experience at all of the Starbucks retail outlets The Stores All of the stores should have a unique Starbucks quality providing a consistent image of quality and an enjoyable social atmosphere where people can meet and enjoy fine coffee Community Starbucks wants to be seen as an important part of the community and an important force for good. It wants to enrich the lives of the local community and be seen as a desirable meeting place. Shareholders Starbucks recognises the important contribution of its investors and wants to remain a business that the shareholders can be proud of and provide them with good returns on investment. SECTION 2 The Organizational Structure The Organization structure of Starbucks is similar to most large groups of its size. The organization is controlled by a Board of Directors who functions from the Group HQ based in Seattle, Washington. Around the country it is split into regional jurisdictions with district Managers who oversee a group of regional stores. A store manager acts as the local boss for supervising the staff at a particular store location. The company does not operate as a franchise system but it does license store fronts. These are owned and operated by the Starbucks Corporation under strict quality control guidelines. The entire Starbucks team work as partners and are geared towards quality customer service and client satisfaction. Starbucks emphasises a policy of inclusion amongst its entire staff and no matter where you fit in the hierarchy the firm attempts to recognize individual contribution. Most of the consumers who are fans of Starbucks will endorse the level of consistency found across the Starb ucks locations whether you are in Seattle, New York or London. The Company has been extremely successful in this regard. (Schreiner, 2012). SECTION 3 Starbucks in China Starbucks have been instrumental in helping to increase the popularity of Coffee in China. The CEO has said that it plans to start and grow coffee in Yunnan province of China. This essentially will make a strategic commitment to help strengthen and develop the Starbucks brand in China. Yunnan province coffee already has a well-developed reputation in China for the production of high quality coffee beans. Starbucks have indicated that they would like to export Yunnan coffee beans throughout its world-wide distribution of retail stores. Starbucks has now been in China for 12 years and has 400 stores on the mainland and 800 stores in greater China. The firm has stated that China will be the fastest and biggest growing market in North America (CNN, 2010). The provincial government in Chinas Yunnan Province has said that it will invest $450 million to help expand the green bean volume of production from the current 38,000 tonnes per annum to that of 200,000 tonnes by 2020. It will also help Starbucks to expand its hectares in Yunnan province from 26,700 to 100,000 acres in the same period. This will help to create employment in China and develop the educational system within the Universities in the province of Yunnan, thereby promoting the development of the coffee industry in China. Starbucks will offer Yunnan province their agricultural expertise gained in coffee plantations in Cost Rica and Rwanda. This will help promote local knowledge and expertise in Yunnan province. When entering Japan they looked for local partnerships that would help them to ease their way into the Japanese market place and the approach was more one of stealth and careful navigation than opposed to that of a blockbuster announcement. The approach followed the typical model shown to the right. External Factors consider such items as cultural implications, market potential, and the intensity of competition and market barriers. Whereas internal factors are more focused upon such items as the characteristics of the country and environment for successful operations, the local resources available, speed of entry, ability to gain local support and investment. Statistics show a strong performance in sales between 2005-2008 but in 2008 the net income showed a sharp decline. So despite a growth trend in Sales the Company was losing money. The decline in the US market is however less likely to impact the potential investment and growth in China as the market forces are very different in the Chinese provinces as opposed to the USA economic determinations. (Tung, 2010) Starbucks and Sustainability When considering the concept of sustainability, the first word that comes to mind is that of the environment. Paper cups, are one of the most common consumables in our daily life. The disposal of these has become a serious problem in latest fifty years. This has contributed to the effect of global warming. Every day in the U.S. Millions of people will consume six cups of coffee as part of their routine life and only a few of them will choose not to use paper cups. As coffee has become the most popular drink for the breakfast and afternoon tea, all over the world, the expending of paper cups will only increase. Owing to the impact that paper cups will cause to the environment; some of the coffee stores advocate some discount activity to decrease the damage caused by paper cups. This project considers how paper cups are contributing to the destruction of the environment and the need for future actions of sustainability to protect the environment. The Environmental impact on paper cup disposal A paper cup is made of paper and lined with plastic or wax to prevent any drink from leaking out through the paper. Paper cups as the most popular drink container in the world, however, most of them are not recycled paper and as such they bring many negative impacts to the environment. According to a study of paper cups, it illustrates that a single cup will produce 0.25 pounds of CO2 emissions. When one paper cup is made, 0.90 square meters of natural habitat will be lost. Another statistic shows that in 2006, in excess of half a million trees were felled to make paper cups used by U.S consumers, in addition 4 billion gallons of water were used to make coffee and tea but resulting in 253 million pounds of waste. The only result of using large amount of paper cups is heavy air pollution, which is related to the thesis in this paper: sustainability. Wasting too many paper contributes to the wastage factor in the felling of trees. In particular, the disposable paper cups. Basically, a tree needs ten to fifteen years to mature . During this period how many other trees will be destroyed purely for the use of paper cups? Since the paper cup is a vital component of our routine life, most people do not consider the serious impact it creates. Meanwhile, landfill is another problem that disposable paper cups bring to the environment. The world administration is simply not equipped to deal with all of the recycling required and we are left with a quantum anount of plastic cups and lids which are virtually indestructible Starbucks are taking the campaign seriously Fortunately, there are some of the institutions and coffee store already realized the serious impact of paper cups. In this project, I am going to look at the most famous coffee store around the worldStarbucks. Starbucks is one of the most popular coffee shop in everywhere in the world, especially in its original placeU.S. And before 2006, paper cups were banned for recycling because of healthy. According to the graph above, U.S paper consumption has decreased in recent years. Starbucks serves 2.3 billion coffee cups a year. Owing to the huge consumption of paper cups they have realised the importance of environment concerns. Starbucks was the first company in the U.S to recycle content coffee cups. Those cups included ten percent post-consumer recycled fiber (PCF), this activity saved tens of thousands of trees, a half million gallons of wastewater and million pounds of garbage from being trucked to landfills. (Fusso, 2011). Starbucks also recommend people bring their own coffee cup nowadays, while one customer bring their own cup, they could have a ten cent discount for their order. This campaign encourages customers to be more environmentally friendly. Sustainability usually reminds people about green products and protecting the environment. However, when confronted not many people will agree upon how to achieve these objectives . Governments usually are indifferent on the subject and the only effective way is making sustainability related to profit. Modern Corporate entities become more interested in the concept of wealth accumulation and making profits. As a multi-national company Starbucks sets a good example to achieve paper cups sustainability. Customer Service Starbucks are an excellent example of excellence in customer service. They have had a lot of time in terms of getting the model right but they have persevered and never been complacent regarding the needs of their customer base. It starts with the quality of the product itself. They provide a range of coffees that are custom designed in order to meet the needs of even the most demanding of customers. The staff pays attention to the detail and little points that make your experience enjoyable; there are no real throwaways at Starbucks. One example is the type of background music played in the stores. This is designed to provide a light convivial atmosphere. Very often a light smooth jazz or the mellow sounds of Sinatra. The music is designed to make you feel good in a relaxing atmosphere. Another point is that Starbucks have never tried to nickel and dime their customers; they dont mind how long you sit at the cafà © with a single coffee. They want you to enjoy yourself. The Cafes often provide very comfortable seating arrangements and lounge chairs. This helps in the creation of customer loyalty and is indicative of the fact that they care about their customers (Hanft, 2012) Ethical Practices Owing to the amount of an ethical and dishonest marketing practices, as carried out in the USA, the public are looking for improved codes of ethics and marketing practices. Standards of marketing are not strictly governed by codes of ethics, as compared to other more regulated professions like law, medicine, accountants etc. the American marketing Association. [AMA] is attempting to bridge the gap but can only make code binding upon some members. An underlying question is will any rigorous code of ethics improve marketing practices of business behaviour? The first consideration must be enforcement; only if you can make people obey the code of ethics does it become worthwhile. Starbucks have attempted to place ethics high on their value chain. This starts off with the coffee production and dealing with Fair Trade Coffee that ensures planters and their staff are treated in an equitable manner and receive proper financial rewards that are commensurate with their efforts. This has also seen a move towards organic coffee production. It is often difficult to keep a check on all that takes place in your supply chain but is is important to avoid scandals like that of Nike who found themselves at the centre of a human rights scandal on the exploitation of child labour. Information Technology Starbucks has always taken Information Technology very seriously in its business operations. In March of 2012 they announced the appointment of two new Executives to be responsible for the way Starbucks uses technology and innovation relative to servicing its customer base. Starbucks have embraced the digital revolution in supporting digital networks within its stores. Starbucks has made significant investments in point of sale management systems, sophisticated inventor control systems and provision of computer technology in its supply chain. Leadership Practice The leadership style in Starbucks is very focused towards that of the democratic leadership style. This form of leadership style promotes delegation amongst assigned staff and given them the authority in which to complete tasks by using their own methods but adhering to corporate standards and guidelines. This motivates the staff because it promotes initiative and makes them feel more inclusive in the decision making. Delegation of responsibility does not however make the Manager less accountable for achieving the end results. The Manager is accountable for the end result. There is a danger that staff does not carry their weight and rely upon others to carry them. The Situational Leadership Model by Blanchard and Hersey is an important contribution because it has created a relatively simple matrix in order to explain a complex subject. Managers in larger Corporations are able to examine their directive and supportive leadership styles and determine where they are portrayed on the Model. By adjusting, the dynamics of their leadership style that can fine-tune the behavioural stance of leadership to be more supportive or more directive as the occasion demands. Hersey pointed out that this is not a theoretical concept but that of a leadership model. This is because the model is more application oriented and may be modified or adapted to meeting various situations as opposed to theoretical considerations that are normally more fixed. The negative side of traditional leadership models is that it has been more inwardly focused upon personal leadership styles as opposed to taking a more holistic viewpoint in terms of looking who leadership serves and how best to gain the optimum outcomes for the organization i.e. managing customer relationships and ensuring the business objectives are driven and focused towards meeting these needs. Positive attributes are that it has promoted group dynamics within the organization and helped in business transformation and change management. Starbucks have also adopted more of a servant leadership style at the store level. This is a relatively new concept that is finding a lot of support where high customer centric support is required. Servant Leadership may be defined as a leadership style that influences, models and supports how people learn to serve others first. It encourages the concept of speed (efficiency) and integrity in the way people interact and negotiate in a business setting. The concept covers both an internal and external focus. The approach works on the basis that in meeting peoples legitimate needs one gains more influence as a leader. This builds trust within the organization and is seen as dedication and commitment by customers. The qualities of servant leadership can be seen in individuals that:- Have Empathy they are good listeners Empowered They encourage others to lead by active delegation Positive attitude They promote a positive outlook in the organization Desire They have honesty and integrity and work on building trust Problem Escalation They will resolve issues or problems in an expedient manner Serve Excellent provision of customer service Pros of Servant Leadership Seeks and encourages open and honest feedback from others Helps people to progress and develop to their optimum capability levels Meets the legitimate needs of other people and aspires to the highest levels of trust Prepares for the future by careful succession planning Above all provides excellence in customer service by open, honest and transparent communications with an emphasis on service and quality Cons of servant leadership Not applicable to all situations e.g. The Military Changing the leadership view from one style to that of servant leadership can prove difficult unless very carefully handled Leading is different from managing personal and organizational styles need to be carefully aligned Importance of servant leadership Servant leadership has become an extremely popular approach in modern business. In a difficult financial climate competition for business increases and a good customer, relationship management team becomes of paramount concern. Good servant leaders bring about a very positive approach in the development of internal resources by promoting them, coaching and encouraging them, whilst equally motivating them towards a sense of community building. People will follow such leaders because they portray a selfless and generous demeanour and concerned about the welfare of others. This style is very paternalistic and encourages others not to be selfish but consider what they can do to help others. It was John F Kennedy that immortalised the saying Ask not what your country can do for you, but what can you do for your country. The style treats employees more as business partners as opposed to helpless drones of a slavish and subordinate mentality. Equally, the customers will look at the positive internal dynamics that are being generated. Customers will see this as indicative of the manner they will be treated i.e. with equality, respect, personal concern and a willingness to achieve a high quality product or service. (M.McCrimmon, 2012) Social Responsibility An excellent video link illustrating the Social responsibilities of Starbuck can be viewed at this location: http://www.youtube.com/watch?v=Nly_OdvORQY . This is a very interesting video clip that illustrates both the ethical and social responsibility of Starbucks on a global basis. Essentially all business organisations have reward systems for their employees. Without these being in place the employees would not complete their job functions. Executives tend to regard this as compensation but in reality it extends far beyond the simple concept of pay. Modern organizations tend to view reward in terms of a strategic framework and this considers the overall vision and mission of the organization. For example, how will the business be successful and as such how the people that drive the business is both rewarded and incentivised. As such this rests upon a number of different perspectives i.e. Financial, Sociological, Psychological, Environmental, Hygiene etc. This falling within the general concept of Maslows Hierarchy of needs. (Bussing-Burks, 2009) SECTION 4 SWOT Analysis of Starbucks Strengths: There are a lot of very strong positive forces at play within Starbucks and this is what positions the firm as a Fortune 100 Company and a global player in this field. Large Market share capitalization They have the financial clout! Strong Brand Image The brand is recognized world wide Large store network Huge distribution of global stores Committed workforce A highly motivated workforce Highly profitable A highly profitable global business Global presence They continue to expand international presence Strong ethical values They have maintained a strong ethical stance Fortune 100 Company Recognition as an American Corporate giant High customer loyalty The customers are very loyal to the brand Quality products- Consistent quality over all their stores. Weaknesses: There are some issues with Starbucks but these are offset by the very strong profile the business projects. Premium company, as such can be undercut by low quality brands High dependency on coffee need for increased product diversification Very focused on US domestic market This is changing Could use more Free Trade Products This is being addressed and improving Seen as loyal American Global brand Despite this it is extremely well respected globally Fairly high costs to maintain standard of excellence You always pay for quality! Opportunities Starbucks have a very proactive marketing department and are always looking forwards to areas for improvement. . They are planning to open 150 new stores in 2009/10. At this moment in time Starbucks are represented in more than 15,000 locations worldwide. Emerging international markets like China Starbucks has now been in China for 12 years and has 400 stores on the mainland and 800 stores in greater China. The firm has stated that China Advancements in Technology Constant innovation spearheaded by two senior executives of the firm Product range diversity Constant ongoing improvements in this area Licensing its Name to open up market channels This will be done carefully in order tom protect quality standards and the brand image Improved marketing initiatives Constantly exploring new marketing opportunities Increased green initiatives Part of marketing initiatives . Starbucks also recommend people bring their own coffee cup nowadays, while one customer bring their own cup, they could own ten cent discount for their order. This campaign encourages customers to be more environmentally friendly. Threats: A saturated coffee market possibility of too many new market entrants Activists criticise Starbucks fair trade practices They are improving though Recession may mean less people purchase daily coffee- Temporary setback Increased costs of raw materials May need to be offset in pricing model Increased costs of operational overheads- May need to be offset in pricing model SECTION 5 Personal Reflection Starbucks is a hugely successful global American company and has a very loyal customer following, particularly in the USA and Canada where the coffee shops provide a focal meeting place for social meetings and connecting with the internet. There is no reason why the firm cannot continue its global expansion aims, particularly in China. Starbucks have been instrumental in helping to increase the popularity of Coffee in China. The CEO has said that it plans to start and grow coffee in Yunnan province of China. This essentially will make a strategic commitment to help strengthen and develop the Starbucks brand in China. Yunnan province coffee already has a well-developed reputation in China for the production of high quality coffee beans. Starbucks have indicated that they would like to export Yunnan coffee beans throughout its world-wide distribution of retail stores. (Gilbert, 2008) SECTION 6 Recommendation In todays difficult financial climate it appears that Starbucks are doing most things right. They have a customer centric approach, place quality control high on the agenda, they address the needs of a young discerning market place and have the right hygiene and environmental factors that support the business. Perhaps less reliance on coffee and increased diversification in their stores may help to consolidate their position further.

Ode to the West Wind by Percy Bysshe Shelley and Lines Composed a Few M

"Ode to the West Wind" by Percy Bysshe Shelley and "Lines Composed a Few Miles Above Tintern Abbey" by Wordsworth The two chosen pieces both have a dominant theme of nature. Shelley, in his poem 'Ode to the West Wind,'; uses poignant tone, while using personification and imagery to unravel his theme of nature. While Wordsworth's '...Tintern Abbey'; contains a governing theme of nature, Wordsworth uses first person narration, illusive imagery, as well as an amiable tone to avow his connection to nature. In his poem, 'Ode to the West Wind,'; Shelley uses a poignant and heart-rending tone to describe the power of nature and more specifically the wind. Shelley's reference to the wind, as the 'sister of Spring'; and a 'Maenad,'; shows how the wind is like a woman, spontaneous and free, with the liberty to be a gentle soul or a vicious amazon. He sees the wind with wonderment, and at the same time respects it and or even fears it. Shelly not only uses tone to depict his conception of nature, but he goes on to use personification to characterize the strength and vigor the wind possesses. He gives the wind human characteristics by referring to the wind as 'her'; and 'she.'; For example, 'Her clarion over the dreaming earth, and fill (Driving sweet buds like flocks to feed in air) With loving hues and odors plain and hill,'; can be paralleled with a woman tending to her garden with love and devotion. Along with a heart-rending tone and personification Shelley uses imagery to d...

Essay --

Out of the many experiments being conducted, I have the pleasure of introducing a layered density column to the class. Density is defined as mass divided by volume or the amount of stuff in a certain amount of space. Composed of many different household products (vegetable oil, rubbing alcohol, and even water), density columns present different layers through the masses of each liquid. These columns can contain as many products the experimenter desires. The liquids chosen that have a higher density tend to weigh more, unlike those that weigh less and float to the top if poured into the column. Along with the liquids chosen objects can be placed into the column, and then we would be able to see how each layer has an effect on the objects. For my lab experiment, I will be using 7 products throughout my demonstration. I could use as many products that I want, however 7 is a common amount to start with. Every product will be measured according to the amount that the cup can hold. To conduct my experiment, I will be pouring the products into 2 ounce cups and will construct the column th...

Buddhist and Christians

Two of the most sought religion in the world is Buddhism and Christianity. Followers of the two aforementioned religions are very lenient when it comes to certain beliefs and practices. They preserve the sanctity of their chosen faith and ensure that the symbols of worship and history are well respected through the years. Tibetan Buddhism is mostly followed in the regions of Himalayas. Countries that adhere to the said religion were India, Bhutan and Nepal. People in China, Russia and Mongolia are also Tibetan Buddhists. This religion has four main traditions namely Sakya, Kagyu, Nyingma and Sakya.All of th aforementioned division includes teachings of the three vehicles of Buddhism: Vajrayana, Mahayana and Foundation Vehicle (Coleman, 10). Achieving enlightenment is the main goal of Tibetan Buddhists. The right term for people who already gained enlightenment is Buddhahood. It is a state of mind wherein the nature of reality as well as mental obscurations is freed. Buddhists are con sidered as internalist because their state of mind is of great importance in the religion (Coleman, 22). Buddha is their god and they uses texts like Pali Canon, Tibetan Canon and Chinese Canon (Conze 35).Christianity on the other hand is a monotheistic religion which centers on Jesus Christ and his teachings. Christians are the followers of this religion who believes that Jesus is the only begotten son of God (Woodhead 7). Unlike Tibetan Buddhism which believes in karma, Christians believes that a life worth livings is when you adhere to the same way Jesus cared and sacrificed for others. It may incorporate similitude between the two religion because both belief aims to do well towards other people. In Christianity, Buddhahood is achieved when everlasting life is granted to its followers.Unlike Tibetan Buddhism which uses three different texts, Christianity uses The Holy Bible which is divided into two: The Old and The New Testaments (Woodhead). One of the famous symbols of worship in among Christians is the cross. It is being look upon by followers of Christianity as a significant affirmation of all the hardships of Christ (Padgett 18). It leads to the salvation of souls and forgiveness of sins. Christians even come up with the practice of the sign of the cross which affirms the sacredness of the symbol.Another symbol of worship for Christians is the fish which is often seen on tombs during the early times. It contains the Greek word Icththys which claims Christ’s character and professes the worship of believers (Padgett). The use of images and statues of Christ and other saints are also part of the symbols of worship for Christianity. Tibetan Buddhists look upon the Kalachara or the Tenfold powerful logo as their symbol of worship (Dagyab & Thurman 46-55). It can be found everywhere in places where Tibetan Buddhism is present.It comes in various forms and represents the teachings of the religion. It contains representation of letters in Lantsa script discussing about the outer world and the human body (Dagyab & Thurman 46-55). Typically, Tibetan Buddhists uses flags to decorate monasteries, houses and even mountains. They believe that the prayer flags contain mantras that can be spread out by the wind. These flags contain auspicious symbols, special prayers and mantras (Dagyab & Thurman). Wind horse and Prayer wheels are also part of the symbols of worship for Tibetan Buddhists.It is also similar to prayer flags which contain special powers once the wheel is turned (Conze). Apart from Christianity, Buddhist relies too much on symbol rather than working out for their faith. Regardless of the difference of the two religions, what keeps them the same in religiosity is the willingness of their followers to stick to their belief and treasure the worship symbols. The concept of faith is given meaning in their respective ways and makes way for their goal of achieving enlightenment (Buddhists) and salvation (Christians).Works Cited Col eman, Graham, ed. A Handbook of Tibetan Culture. Boston: Shambhala Publications, Inc, 1993. Conze, Edward. A Short History of Buddhism. Oneworld. 1993 Padgett, Alan G. ; Sally Bruyneel. Introducing Christianity. Maryknoll, N. Y. : Orbis Books, 2003. Rinpoche, Dagyab & Thurman, Robert Buddhist Symbols in Tibetan Culture. USA: Wisdom Publication, 1993. Woodhead, Linda. Christianity: a very short introduction. U. S: Oxford [Oxfordshire]: Oxford University Press, 2004.

Historical Context of Images for Your Virtual Art Gallery Tour Essay

Sleep was piebald with vegetable petroleum in 5178 cm. psychoanalyse in 1937 by Salvador Domingo Felipe Jacinto Dali i Domenech, or hardly known as Salvador Dali, a noted Spanish surrealist painter and statue maker. He painted Sleep for his British millionaire patron, Edward James. Dali almost co-ordinated sleep into almost all his industrial plant because he was fascinated with the world of dreams. He interpreted the act of sleeping as monster supported by crutches. cosmic Egg (2007) It was the design used in the picture titled Sunrise by the Ocean done by Vladimir Kush, a Russian-born surrealist painter and sculptor.The egg portrayed the sunshine and the beginning of life. As the egg broke open, the earth and the sky formed from its cardinal halves. The yolk was the sun which was starting to flash its form. Giclee was used in 2124 inches canvas. The Persistence of Memory (1931). It was an oil on 24 x 33 cm canvas characterisation by Salvador Dali. The leash melting pocket watches laid in hard surface illustrated confusion between softness and hardness, typifying Dalis personality. Critics interpreted the painting as Dalis self-portrait because Dali said that the painting was his hand-painted photograph of his dreams.The Division Bell (Cover). The two metal heads depicted in the manage of the 1994 album of Pink Floyd was the handiwork of sculptor John Robertson. These huge figures, each deliberateness at 1,500 kilograms and over 3 meters in height, were put in a Cambridge field. Ubu Imperator (1923). This oil on 8165 cm canvas was painted by Marx Ernst. The image, a bizarre combination of the tip of a spinning top, the red huge physical structure and human hands, symbolized authority in a ridiculous manner.Invasion of the Night (1941) This oil on 3860 ? in. canvas painting by Roberto Matta using sonant lights, floating rocks and bold lines in plain and vast background indicated Mattas enchantment with the inner state of human consciousness . References time In With Salvador Dali Salvador Dalis Melting Watches.Retrieved process 17,2009 from http//www. vladimirkush. com/popup. php? id=159&category= mutations/Available+Limited+Edition+Prints Surrealist Art. Retrievede demo 17, 2009 from http//www. centrepompidou. fr/education/ressources/ENS-surrealistart-EN/ENS-surrealistart-EN. hypertext mark-up language Tariff, Alfredo (April 11,2002) Matta Vision. The underrated Chilean gets a new image at MAM. Miami New Times Arts. Retrieved March 17, 2009 from http//www. miaminewtimes. com/2002-04-11/culture/matta-vision/

Desert Hikers

According to tooshie Muir, In e truly walk with nature, unmatchable receives far more than he seeks. aban hold out swingerrs explore a surrender for things much(prenominal)(prenominal) as different species of animals, a innovative environment or even a vacation. Not only for the enjoyment, but virtually whitethorn go out for stock references. Regardless of, they must fully modernise themselves in order to survive in a recant. In encounterd scourge hikers do not fully prep atomic number 18. Because some cede hikers ar naif, many perils await them such as, the sear light, dangerous animals and getting lost.For instance, the scorch heat is probably the first danger retire from hikers may font higher up all the others. Many inexperienced desert hikers ac feelledge that it is blazing hot in the desert, but may not jazz the hours which to hike. To rescind much of the heat, hikers shouldnt hike between the hours of noon and three. A heat stroke, caused by lack of wat er, is common to virtually hikers. Symptoms associating with heat stokes are dizziness and headaches. To avoid this, alcohol addiction kitty of water is good for the body because of the eternal sweating.If not causen into caution, these inexperienced hikers could experience nausea and vomiting from the heat, causing them to accept heat exhaustion. These inexperienced desert hikers withal may not know that drinking lightly salted fluids can avoid cramps, due to all the walking. These are scarcely a few elements of dangers due to the sear heat in a desert. other reason inexperienced desert hikers looking danger is because they may not know the veridical harm desert animals could bring. For example, rattlesnakes and sidewinders, which are the most common in a desert.These snakes are extremely poisonous. Most of these snakes are camouflage to the grass and sand, especially the sidewinders. They steep their bodies into the sand and have only their look and nostrils above the sand. Stepping on them, causing them to imprint without warning, could lead to serious damage. And even though scorpions are small, they are deadly. These are nominate in dark places such as wood and under rocks. fledgling desert hikers may not know that it is topper to shake off clothing and boots onwards putting them on each time.These desert hikers need to be extremely heedful because if bitten by any poisonous animal, health check attention is far a sort and could take miles to reach. This may lead to a top of death. Indeed, getting lost in a desert could propose a threat. Inexperienced desert hikers could easily get misplaced. just about hikers may know to get a book about hiking in a desert before rushing into the actual hiking self-gratification, some may not. The book may give a few essentials on which can be useful. Like the earn for nonpareil.Inexperienced desert hikers may not know how to use or read one right off. This may take a directing process. Having a map and keen major points of an area is a way to get back on trial. By using that map, these desert hikers could mark their showtime points. For these reasons, getting lost is a workable threat if inexperienced desert hikers dont take proper cautions. To conclude, inexperienced desert hikers should be aware of the scorching heat, getting lost, and the dangerous animals that await them.Wouldnt you want to know? Its very important to know the dangers of a desert and what to do to have a safer hike. Whether the hinge upon is for enjoyment or just business, constantly knowing the proper precautions and guides it take to be safer is always a good hit to hiking in a desert. Despite the legion(predicate) dangers reasons inexperienced desert hikers may face planning ahead, taking time to learn and fully prepare could result in a more successful trip in the future.

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.