INDIVIDUAL REPORT Essay Example | Topics and Well Written Essays - 2000 words

INDIVIDUAL REPORT - Essay Example 6 Cultural relation and community cohesion†¦.. 7 Low wage keeps inflation low†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 Dynamism in economic activities †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 8 Business relation †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 8 Treats of migration†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Low wages keep other workers wages low†¦.. 9 Increase in criminal acts:†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Use of government subsidized services without paying taxes†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Sending money to home country:†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 9 Increased cost on society in terms of larger population †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â ‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 10 References†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 11 Introduction Economic migration and its impact on the economy has scarcely been out of public debates over the past few months, with many controversies to the extent of social and economic gain to the developed, developing and under developed countries from immigration. However, economic migration has presented greater opportunities for the same countries, particularly in economic term (Marangozov, 2007). Today’s economic world is witnessing economic or labor migration rapidly mainly due to the increased demand for low-wage workers in developed countries and lack of employment opportunities in developing countries. Both men and women are pursuing to work in other countries in order to support themselves and their families back home. This piece of research presents a brief rep ort on economic migration and its impact on developed countries. This paper analyzes various benefits and threats of economic migration to an economy. Key trends and characteristics: Immigrants are classified into two distinct groups, economic migrants , who are individuals searching for high standard jobs and economic security and refugees, who are individuals fleeing persecution in their home country (Cortes 2001, p,41). These two categories do of course overlap. Higher numbers of migrant workers are from the EU accession states that is the most leading trends of recent economic migration. Immigration levels to the developed countries have increased in recent years, mainly driven by on going economic growth in the UK and by the opening of the labor market to the new EU accession states since recently (Marangozov, 2007). For example, between three months in 2007, the number of applications from the A8 countries (Czech Republic, Estonia, Lithuania, Hungary, Poland, Latvia, Slovakia, and Slovenia) has been dropped to 50,000 from 52,000. The numbers thus have been coming to decline overall- during the above mentioned three months of the previous year, 56,000 workers registered (workpermit.com, 2007). The UK was one of the few EU nations opening its labor market to the ‘A8’ countries when they joined in 2004, causing a heavy inflow of immigration to the country. In response, the UK placed restrictions on some developing nationals when their countries joined the EU on January 2007 (workpermit.com) Worldwide Immigrants Statistics: Worldwide, there is around 191 million immigrants and the last 50 years have seen an almost doubling of immigration, out of them around 115 million migrants are living in developed countries; 38 million immigrants that account to be 20% are living in the US alone. According to some estimates, around 33% of all immigrants are living in Europe and a major portion of it lives in around 28 countries. Women immigrants

Critical Book Review Research Paper Example | Topics and Well Written Essays - 1500 words - 1

Critical Book Review - Research Paper Example He uses personal experience as the chairman of the council of economic advisors under the presidency of bill Clinton from the year 1993 and as the chief economist at the World Bank from 1997 to make his arguments. During this period, Stiglitz became disenchanted with the International Monetary Fund and other international institutions which he regarded as acting against the interests of the poor developing countries in favor of the developed world. He argues that the economic policies of the International Monetary Fund are based on unsound neoliberal assumptions that are only beneficial to the developed economies. The main precept of the book is that pro-globalization policies have the potential of benefitting all countries if properly undertaken and properly incorporated into the individual characteristics of each particular country. Otherwise the objectives of globalization will not be realized as it will only continue to serve the interests of the developed world leaving the developing countries lagging behind in all aspects. Globalization should therefore be embraced by all countries on their own unique terms. These countries should consider their own culture, history, and traditions while embracing globalization in order to ensure that it doesn’t work against them. The adoption of poorly designed or emulated pro-globalization policies often has the effect of being costly to the concerned countries. The resultant effect is increase in the levels of instability which renders such countries more susceptible to reduced growth, external shocks and increase in the levels of poverty. He goes on to argue that globalization has not been fairly pushed to benefit all because the policies of liberalization were haphazardly implemented in the wrong order using inadequate and at times wrong economic principles. The consequences of this as he has pointed out is that terrible results are now being felt including

Finite and Non-Finite Verb

Finite and Non-Finite Verb Finite and Non-Finite Verb   Learning Objectives I will learn : how to distinguish between Finite and Non-Finite Verbs Infinitives, Participles and Gerunds Introduction Read the sentences given below: I am writing. You are writing. They were writing The verbs are different in the three sentences. This is because the verb is controlled by the number, person and tense of the subject. Therefore they are finite verbs. A finite verb is controlled by the number of the subject. If the subject is singular, the verb is singular. If the subject is plural the verb is plural Example : The boy runs fast. (subject is singular) The boys run fast. (subject is plural) A finite verb is controlled by the person. Example : I go to the gymnasium on Sunday. (I First Person) He goes to the gymnasium on Sunday. (He Third Person) A finite verb is controlled by the tense. It can be in the past, present or future tense. Example : She lives in Kolkata (Present Tense) She lived in Kolkata (Past Tense) Try Your Hand 1( H3) Pick out the finite verbs in the following sentences: She kept the plates in the sink. Looking at both sides, he crossed the street. The curtain is flying in the wind. Many of us will sign the petition. They are eager to join our club. It was raining heavily when I left. Rolling stones gather no moss. I have requested him to come. I enjoy reading books. Alighting from the aircraft she switched her mobile phone on. Now read the sentences given below: I enjoy listening to music. You enjoy listening to music. They enjoy listening to music. The verb 'listening' is not controlled by the number, person and tense of the subject. Therefore it is a non-finite verb. Take a look at a few more sentences: I like to swim every evening. He likes to swim every evening They liked to swim every evening. The verb 'swim' remains unchanged whatever be the person, number and tense of the subject. On reading these sentences we see that some non-finite verbs end with -ing and some have to before them. Try Your Hand 2 (H3) Read the sentences given below and state whether the highlighted verbs are finite or non-finite: He was drawing a picture in his notebook. He wanted to draw a cartoon. Keeping her bag on the floor, she ran out. They wanted to meet the head teacher. I polish the silver ear-rings regularly. The weeping woman appealed for help. She had spoken the truth, but we had found it hard to believe her. Non -finite verbs are of three kinds : 1 Infinitives 2.Participles 3. Gerunds In this lesson we shall take up the Infinitive. Read the given sentences: I like to sing She tried to help the old man. 'To sing' and 'to find' are infinitives. The infinitive is the base form of the verb and it often has 'to' before it. Try Your Hand 3 (H3) Pick out the infinitives in the given sentences: To find fault is easy. I did not want to scare him. The best course of action would be to take leave. She phoned to speak to my father. In order to get a job he left college. He had no choice but to travel to Chennai. The young man rose to address the gathering. After certain verbs, such as bid, let, make, need, dare, see, hear, the infinitive is used without 'to' Example : Let us go for a picnic. She saw her brother win the race. He makes me read the lesson aloud. Try Your Hand 4 (H3) Pick out the infinitives in the given sentences: They need not cook today. He bid me sing a song. Let them draw whatever they want. The children saw her buy food. She is making him revise the lesson. They heard her speak to the policeman on duty. I dared not look into the room. Infinitives can be used to join sentences. Look at the examples given below. Ravi spoke the truth. He was not afraid to do so. These two sentences can be combined to form one sentence: Ravi was not afraid to speak the truth. We see that one of the main verbs 'spoke' is changed into the infinitive 'to speak' and used to combine the sentences. Take a look at another example. He remained inside the burning house. He wanted to rescue all the children. This pair of sentences will change to : He remained inside the burning house to rescue all the children. We see that an infinitive 'to rescue' which was already present in one of the sentences has been used to combine the sentences. Try Your Hand 5 (H3) Combine each pair of sentences by using an infinitive. We started running. We wanted to reach the station on time. Every school has a Principal. He decides how the school will function. The old man gave his servant one thousand rupees. He wanted to reward him for his faithful service. He is determined to attain a high post. He works day and night for that purpose. She collects old cook books from various parts of India. This is her hobby. They must write a letter of apology. That is the only way to avoid punishment. She goes to the hospital every day. She is always willing to look after needy patients. Quick Recap Finite verbs are controlled by the number, person and tense of the subject. Non-finite verbs are not controlled by the number, person and tense of the subject There are three kinds of non-finite verbs : Infinitives, Participles and Gerunds. Participles and Gerunds may be similar in form as both end with ing. Infinitives are usually preceded by 'to'. However there are infinitives that are not preceded by 'to'. Infinitives can be used to combine sentences Brush Up Your Grammar (H2) Revision 1(H3) In the following sentences pick out the finite verbs and the non-finite words. The first sentence has been done for you : Hearing the knock on the door, she ran to open it. Non- finite : Hearing Finite: ran I want you to keep the keys in the drawer. She saw the fishermen casting their nets. Rina stopped at the shop to buy something. They enjoy performing in front of a live audience. She read the instructions on how to bake a cake. I heard the man give instructions to the taxi driver. Her sparkling eyes revealed her excitement. He kept himself busy by teaching children. Please permit me to order the rest of the books Revision 2 (H3) Fill in the blanks with appropriate non-finite verbs: I decided _____ out of the hotel and take a walk. Suddenly a number of monkeys surrounded me and began ____ my purse away. ____ here and there for help, I spotted a banana seller who was setting up his stall. I waved to him and bade him _____ towards me. _____ about two dozen bananas he hurried forwards. I saw him ____ the bananas on the ground. Then he began ____ their attention by making clicking sounds. _________ my bag the monkeys rushed towards him. I made my escape but came back later______ him and ______ for the bananas. Revision 3 (H3) Work in pairs. One of you will ask the question the other will give the answer with the help of the clues in brackets. The first one has been done for you : Why did you go out? (buy some fruits) I went out to buy some fruits Why are you standing here? (greet the Chief Guest) Why will Rajni go to Chennai? (visit her aunt) Why did you sell your car? (buy a car) Why did you travel by plane? (save time) Why did you go to the bazaar? (buy grocery) Why did you spend an extra hour in school? (practise football) Why are you going to College Street? (buy second hand books) Revision 4(H3) Complete the sentences using the correct non-finite form of the verb given in brackets: I am sorry for ________ (speak) rudely to you. It gives me great pleasure ________ (inform) you that you have been selected. I want to start now _______ (complete) the project on time. I shall continue ______ (run) early in the morning. It was rude of him ______ (scream) at his mother. I must stop ______ (give) advice to every one. I almost came under the wheels of the _____ (speed) bus Try This 1 Make a list of 4 things that you enjoy doing Looking at the starry sky __________________ _________________- _________________ _________________ Now, make a list of things you must remember to do in the coming week To cover my text books __________ __________ __________ __________ Try This 2 Use non-finites to write a dialogue between two friends about a three day camping trip that both will be going for. You could begin like this : Seema : I am going for the school camping trip. Wendy : So will I. In fact I saw you write your name on the list. Seema : I have decided to take my transistor. Carrying it will be no problem.

Essay --

Personal Learning Reflection Paper One of the main courses of this semester was to learn various organizational behaviors that are conducted in real business environment. By learning this course, we could understand our future colleagues and ourselves better. Throughout the semester, every week Ashley Hughes gave us an interesting lecture about different topics of oranisational behaviors. Along with the weekly lectures we also had a group presentation that gave us the opportunity to apply the lessons and techniques learnt in our professional and personal lives.During the course of this semester, Organizational Behavior has highlighted numerous topics, which concentrated on investigating the impact that individuals, groups and structures have on behavior within an organization and how their behaviour affect the performance of the organizations for the purpose of applying such technique towards improving an individual’s or an organization's working effectiveness (Jontymagicman, 2012). In this reflection paper, I will discuss the essential areas of organizational behavior: the influence of motivation, managing change and individual learning at an organization. Motivation Motivation, as defined in class, is the energy and commitment a person is prepared to dedicate to a task. In most of organisations, motivation is one of the most troublesome problems. Motivation is about the intensity, direction and persistence of reaching a goal. During the class, we have learned a substantial theories of motivation and many theories of motivations are used in real business. Each theory seems to have different basic values. But, they all have been analysed for one reason, recognising what motivates and increases the performance of employees. Ident... ...rganizational-behaviour-and-its-definition. [Accessed 29 November 13]. Stan Emelander. 2009. The Four Drive Theory in the Workplace. [ONLINE] Available at:http://www.articlesbase.com/human-resources-articles/the-four-drive-theory-in-the-workplace-1650121.html. [Accessed 30 November 13]. MindTools. 2010. Cialdini's Six Principles of Influence. [ONLINE] Available at:http://www.mindtools.com/pages/article/six-principles-influence.htm. [Accessed 02 December 13]. Zhang, X, & BARTOL, K., 2010. Linking empowering leadership and employee creativity-The influence of psychological empowerment, intrinsic motivation, and creative process engagement. Academy of Management Journal, 53, 107-128. Vogler, D., 2010. â€Å"Controlling† vs. â€Å"Empowering† leadership. [ONLINE] Available at:http://www.revivallifestyle.com/controlling-vs-empowering-leadership-styles/. [Accessed 04 December 13].

Reluctant Works Case Study

This case study is based on a conversation between two people: Tim Aston, a new project manager, and Phil Davies, director of project management. Aston had just changed jobs and was very excited about his new job. He wanted to be the best manager his company ever had. But ever since he had been on the job, he was becoming more and more frustrated with the employees and their work habits. Finally he went to see Davies and discuss his problems with him. Chapter Four of our text discusses the ten skills that are necessary for effective program management. (Kerzner, 2009, pg.149) Of those skills, I felt that there were three that were lacking in the case study. The problems that he discussed with Davies involved mainly team building, leadership, and administrative – time management skills. The case study showed that the lack of these things caused a hardship for management in an effort to complete necessary goals. Team building focuses on â€Å"effective communications, sincere i nterest in the professional growth of team members, and the commitment to the project† (Kerzner, 2009, pg. 149). The success of the team was not a priority in the lives of these individuals.They did what they wanted and how they wanted, regardless of how if would affect the team, project manger or the project. Phil Davies, the director, explained to Tim Aston, the project manager, that these people were set in their ways, at the top of their pay grades, and had no room for growth in the organization. Tim would have to take the time to learn what motivates them and try a different angle in order to get them involved. Phil stated that in the project environment, the workers think they are more important than the project and this has been the way it has been in their project organizational form.  (Kerzner, 2009, pg. 294)Tim will have to start from scratch. He will have to build a foundation with his team in order to bring them together. Phil also seemed to be very passive aggre ssive by acting like the workers were right and the project manager was wrong. Not supportive from a management stand point either. The purpose of Tim’s outreach to Phil was for support and guidance but all he received was a push off letting him know that he was on his own. Leadership is the second skill that was needed in this situation. Leadership is motivation for the team to  tackle challenges.A leader has to have emotional intelligence or empathy in order to be able to understand his team. For you to accomplish an objective you have to persuade your team to believe in the same goal. Being a role model is part of leadership. Management of the performance of the team and provision of support and development or growth of the team’s technical skills is all part of leadership. The lack of leadership from Tim proved that he was unable to resolve the conflicts that he encountered with the workers.There should have been a team meeting called in order to review the objec tives of the project and the team, state what his expectations were in completing them, as well as policies and procedures that they have to adhere to in the process. In the text, Kerzner also specifies several things that project managers do that are caused by a loss of understanding. These things end up causing time management problems for the project. The final skill that he needed to be proficient in was time management skills. A skilled project manager needs to be experienced in developing a schedule and doing what was necessary to maintain that schedule.It is unacceptable for the project manager to wait for someone else to make a decision that is his own responsibility. In this case study Aston had the responsibility for the project. He was responsible for managing his team and making sure that everyone was there. He failed at this task so he went to Davies for help. Aston made no attempt to coordinate schedules of his team for the project. He would have known of the forthcomi ng conflicts in advance and would have been able to modify the schedule accordingly. The project manager need socializing time with employees in addition to just seeing them during meetings.This is necessary to get to know them and their needs. Tim Aston’s skills in dealing with his project staff and functional manager leave a lot to be desired. His functional managers are not accountable due to his laissez faire leadership. They in term cause the failure of his projects. This is where the team building skills lacked causing his effectiveness as a project manager to falter. He has not taken charge or control of the team and there is no cohesive team to work on project’s objectives. With no leadership, the project management is non-existent and the team is none existent.No direction of the team means the morale and motivation of the team members is extremely low. Being the new â€Å"kid on the block†, the other team members have they own agenda moving forward and he has an uphill battle to connect with them. He lacks emotional intelligence in thinking he can just come in among his subordinates, who are years older than him, and gain their trust and confidence. He lacks self-confidence and turns to the director help instead of facing the challenges head on. This further diminishes the team’s confidence in him as a leader for the team. Tim Aston has not taught his team the importance of time management.By leaving them to manage their official time the way they want, he undermines the achievement of the project’s goals or objectives. Time management, being vital successful completion of a project, has to be inculcated into the team at all cost. A person who is not willing to respect time allocated to the project should not be part of the team. The issue of employees going on vacation or doing other activities instead of accomplishing important projects should not arise. Once time is set aside for projects it should become non-neg otiable, thus workers will come to respect the projects goals.As the goals set are met, self-motivation within the team will rise. Lack of communication by Tim Aston has contributed to the lackluster performance of the team. Being a new employee, he should have communicated his vision and ideas effectively to the team. The team might be at a loss as to his intensions for the projects. Meeting with them in advance and communicating his needs could have enabled him to know the feelings of the team. They could have ironed out their differences and he would have got a chance to persuade them on his new way of thinking. Mr.Davies involvement further alienated him from the staff below him and making communication more difficult because he still did not communicate with them. The management of the company gave Tim Aston very little support. By supporting the needs the functional managers, they have denied Tim Aston the support and advantage he needed to have his team comply. As a new proje ct manager, upper level management needed to give strong and unequivocal support of Tim to be able to take charge of the subordinates who considered him irrelevant to their needs and too young to understand their position.With no support, it is clear that the functional managers send the message that they don’t care if their lack of commitment will sabotage the new project manager. Management implies that the problem is with Tim Aston and not the subordinates by suggesting that he take a study in human relations. Adding yet another hit to further diminish the authority and confidence of the project manager. Tim totally believed he would receive a very different level of support from management.Team building is important to project manager, as without a cohesive team, the pooling of resources and talents that is vital in any company’s operations is not possible. A team that is not united in purpose cannot meet targets. Time management determines productivity. Effective time management diminishes waste both of resources and personnel motivation as without it concentration, focus and interests wanes. In any environment, personality and ideas conflicts are inevitable thus; conflict resolution or management maintains a cordial environment for workers and allocation of resources.Finally, for all these to be possible, effective communication as a leader has to be utilized by the project manager to pass his ideas to his team and from the company’s management to guide everybody on the expectations of the company. The recommendation that can be given to the company is that a supportive environment is of the utmost importance to the application of the project manager’s critical skills. Without it, application of these skills in achieving personnel motivation, resource allocation and other objectives would be an exercise in futility.The exercise of leadership skills and style by the project manager and company will influence the morale and moti vation of workers affecting productivity. Project managers should find importance in understanding the culture and system of values for the company they work for. As mentioned throughout several class discussions, taking the time to get to know the functional staff can promote effective cohesion in a team in order to get the project completed correctly in am efficient and effective manner.

Common law Essay

A Tort is the French word for a â€Å"wrong.† A tort is a civil wrong. A civil wrong involves a breach of a duty owed to someone else, as opposed to criminal wrongdoing which involves a breach of a duty owed to society. Torts are civil wrongs other than breaches of contract and certain equitable wrongs. The law of torts law is a remainder category of civil wrongs once other wrongs are excluded. It covers a grab bag of legal cases comprising such disparate topics as auto accidents, false imprisonment, slander and libel, product liability (such as defectively designed consumer products), and environmental pollution (toxic torts). A person who suffers legal damage may be able to use tort law to receive damages (usually monetary compensation) from someone who is responsible or liable for those injuries. Generally speaking, tort law defines what is a legal injury and what is not. A person may be held liable (responsible to pay) for another’s injury caused by them. Torts can be classified in a number of different ways, one is to distinguish according to degree of fault, so that there are intentional torts, negligent torts, and strict liability torts. In much of the Western world, the measure of tort liability is negligence. If the injured party cannot prove that the person believed to have caused the injury acted with negligence (lack of reasonable care), at the very least, tort law will not compensate (pay) the victim. However, tort law also recognizes intentional (purposeful) torts and strict liability torts, which apply when the person accused of committing the tort satisfied certain standards of intent (meaning) and/or performed certain types of conduct. In tort law, injury is defined broadly. Injury does not just mean a physical injury, such as where Brenda was struck by a ball. Injuries in tort law reflect any invasion of any number of individual interests. This includes interests recognized in other areas of law, such as property rights. Actions for nuisance (annoying or hurting) and trespass (unlawful entering) of land can arise from interfering with rights in real property. Conversion law and trespass to chattels (personal property) can protect interference with movable property. Interests in prospective (possible future) economic advantages from signed agreements can also be injured and become the subject of tort actions. A number of situations caused by parties in a contractual (written agreement) relationship may still be tort rather than contract claims, such as breach of duties. Tort law may also be used to compensate (pay) for injuries to a number of other individual interests that are not recognized in property or contract law. This includes an interest in freedom from emotional distress, privacy interests, and reputation. These are protected by a number of torts such as Intentional infliction of emotional distress, privacy torts, and defamation/slander (destruction of a reputation). Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him. Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment which is when you are arrested without cause. The equivalent of tort in civil law jurisdictions is delict. The law of torts can be categorised as part of the law of obligations (duties), but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction. To behave in tortious manner is to harm another’s rights, body, property or other rights. One who commits a tortious act is called a tortfeasor. Law of torts consists of some general defense, which can be pleaded in the court of law to get justice. Types of general defenses 1) INEVITABLE ACCIDENTS[1]: The plea of inevitable accident is usually spoken of as a defense but is, strictly speaking, not a defense but only a denial of liability. For instance, in an action for bodily harm, the plaintiff has ordinarily to prove intent or negligence of the defendant; and if he fails to do so, his injury may be said to be an inevitable accident. The burden to prove plea of inevitable accident lies on the defendant and to establish the defense, the respondent will have to establish that accident could not have been avoided by exercise of ordinary care and caution. Ex: Ryland’s v Fletcher 2) MISTAKE[2]: Mistake of law is generally no defense to civil or criminal liability. Mistake of fact is a general defense under the IPC, but not to an action in tort. For instance, an officer who executes a warrant of arrest against the wrong man by mistake is not guilty of a crime, but he will be liable in an action for false imprisonment. Mistake would be an excuse only in those exceptional cases where an unlawful intent or motive is an essential ingredient in liability. Ex: Hollins v Fowler 3) EXERCISE OF COMMON RIGHTS[3]: This, like inevitable accident, is really nota defense but a denial of a breach of duty or violation of rights, as where the defendant builds on his land and shuts f the light of a new house of his neighbour or opens a new shop and ruins an older rival. The defense is necessary on the assumption that their is a general rule of liability for intentional harm. 4) VOLENTI NON FIT INJURIA[4]: It is also known as the defense of consent. Volenti non fit injuria[5] It is a Latin word which means â€Å"to a willing person, no injury is done† or â€Å"no injury is done to a person who consents†) is a common law doctrine which means that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they cannot then sue if harm actually results. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Volenti is also known as a â€Å"voluntary assumption of risk.† In Law of Torts, Volenti non-fit injuria is an exception to liability in torts. It means: Where the sufferer is willing and has the knowledge , no injury is done. the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing there from. Volenti non fit iniuria (or injuria) (Latin: â€Å"to a willing person, injury is not done†) is a common law doctrine which states that if someone willingly places with proper knowledge themselves in a position where harm might result, they are not able to bring a claim against any damages from the other party in tort. Volenti only applies to the risk which a reasonable person would consider them as having assumed by their actions; thus a boxer consents to being hit, and to the injuries that might be expected from being hit, but does not consent to (for example) his opponent striking him with an iron bar, or punching him outside the usual terms of boxing. Or a person watching a cricket match getting hurt by the ball can be consented. No act is actionable as a tort at the suit of a person who has expressly or impliedly assented to it. In order to plead this defence, it is necessary that the plaintiff should have consented to physical risk or damage as well as to legal risk (i.e. he will get no remedy in law). ESSENTIAL CONDITIONS ââ€" ª Consent must be given freely ââ€" ª Consent must not have been given to an illegal act ââ€" ª Knowledge of risk is not the same thing as consent to run the risk OR 1. A voluntary 2. Agreement 3. Made in full knowledge of the nature and extent of the risk. 1.Voluntary The agreement must be voluntary and freely entered for the defence of Volenti non fit injuria to succeed. If the Claimant is not in a position to exercise free choice, the defence will not succeed. This element is most commonly seen in relation to employment relationships, rescuers and suicide. 2.Agreement The second requirement for the defence of Volenti non fit injuria is agreement. The agreement may be express or implied. An example of an express agreement would be where there exists a contractual term or notice. 3.Knowledge The Claimant must have knowledge of the full nature and extent of the risk that they ran. The test for this is subjective and not objective and in the context of an intoxicated Claimant, the question is whether the Claimant was so intoxicated that he was incapable of appreciating the nature of the risk. Volenti is sometimes described as the plaintiff â€Å"consenting to run a risk.† In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place (for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser). | | | | Volenti in English[6] In English tort law, volenti is a full defence, i.e. it fully exonerates the defendant who succeeds in proving it. The defence has two main elements: The claimant was fully aware of all the risks involved, including both the nature and the extent of the risk; and The claimant expressly (by his statement) or impliedly (by his actions) consented to waive all claims for damages. His knowledge of the risk is not sufficient: sciens non est. volens (â€Å"knowing is not volunteering†). His consent must be free and voluntary, i.e. not brought about by duress. If the relationship between the claimant and defendant is such that there is doubt as to whether the consent was truly voluntary, such as the relationship between workers and employers, the courts are unlikely to find volenti. It is not easy for a defendant to show both elements and therefore contributory negligence usually constitutes a better defence in many cases. Note however that contributory negligence is a partial defence , i.e. it usually leads to a reduction of payable damages rather than a full exclusion of liability. Also, the person consenting to an act may not always be negligent: a bungee jumper may take the greatest possible care not to be injured, and if he is, the defence available to the organiser of the event will be volenti, not contributory negligence. In the first case (decided before the Occupier’s Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible for his own injuries. The third case involved a man who dived into a shallow lake, despite the presence of â€Å"No Swimming† signs; the signs were held to be an adequate warning. The defence of volenti is now excluded by statute where a passenger was injured as a result of agreeing to take a lift from a drunk car driver. However, in a well-known case of Morris v Murray [7][volenti was held to apply to a drunk passenger, who accepted a lift from a drunk pilot. The pilot died in the resulting crash and the passenger who was injured, sued his estate. Although he drove the pilot to the airfield (which was closed at the time) and helped him start the engine and tune the radio, he argued that he did not freely and voluntarily consent to the risk involved in flying. The Court of Appeal held that there was consent: the passenger was not so drunk as to fail to realise the risks of taking a lift from a drunk pilot, and his actions leading up to the flight demonstrated that he voluntarily accepted those risks. Rescuers For reasons of policy, the courts are reluctant to criticize the behavior of rescuers. A rescuer would not be considered volens if: He was acting to rescue persons or property endangered by the defendant’s negligence; He was acting under a compelling legal, social or moral duty; and His conduct in all circumstances was reasonable and a natural consequence of the defendant’s negligence. An example of such a case is Haynes v. Harwood[8], in which a policeman was able to recover damages after being injured restraining a bolting horse: he had a legal and moral duty to protect life and property and as such was not held to have been acting as a volunteer or giving willing consent to the action – it was his contractual obligation as an employee and police officer and moral necessity as a human being to do so, and not a wish to volunteer, which caused him to act. By contrast, in Cutler v. United Dairies [9]a man who was injured trying to restrain a horse was held to be v olens because in that case no human life was in immediate danger and he was not under any compelling duty to act. Unsuccessful attempts to rely on volenti: Examples of cases where a reliance on volenti was unsuccessful include: Nettleship v. Weston[10] Baker v T E Hopkins & Son Ltd[11]). In the first case, the plaintiff was an instructor who was injured while teaching the defendant to drive. The defence of volenti failed i.e. because the plaintiff specifically inquired if the defendant’s insurance covered him before agreeing to teach. In the second case, a doctor went in to try to rescue workmen who were caught in a well after having succumbed to noxious fumes. He did so despite being warned of the danger and told to wait until the fire brigade arrived. The doctor and the workmen all died. The court held that it would be â€Å"unseemly† to hold the doctor to have consented to the risk simply because he acted promptly and bravely in an attempt to save lives. Hall v. Brooklands Auto-Racing Club [12] The plaintiff paid to enter a motor-car race track to watch races on a track owned and managed by the defendants. On the evening the plaintiff was spectating, two of the race-cars collided near the barrier between the spectators and the track. The cars collided with the barrier and caused severe injury to the plaintiff and others. The defendants were held liable to pay damages by a jury who found that they had not taken reasonable precautions to protect spectators. On appeal by the defendant, it was held that there was no evidence to find the defendants had not taken reasonable precautions and that there was no obligation to ensure safety in all circumstances, just that reasonable precautions were taken. The defendant’s case was upheld. Wooldridge v Sumner [13] Facts The plaintiff, Mr. Wooldridge, who was a photographer at a horse race, was injured by the horse belonging to the defendant, Sumner, which was ridden in a competition by Sumner’s, who was a skilled and experienced horseman. 1 Judgment The Court of Appeal held that Sumner owed no duty of care to Wooldridge in this case. As a spectator, Wooldridge accepted the risks involved in a horserace he came to watch. As a reasonable participant in the race, which is a fast and competitive sport, the horseman was expected to concentrate on the race and not on the spectator. In the course of a fast moving competition such as this one, he could be expected to make errors of judgment. As long as the damage was not caused recklessly or deliberately, the participant in a race could not be held liable for the spectators’ injuries because he was not negligent, i.e. not in breach of his duty. Dann v. Hamilton [14] The Claimant was injured when she was a willing passenger in the car driven by the Mr. Hamilton. He had been drinking and the car was involved in a serious crash which killed him. In a claim for damages the Defendant raised the defence of volenti non fit injuria in that in accepting the lift knowing of his drunken condition she had voluntarily accepted the risk. Held: The defence was unsuccessful. The claimant was entitled to damages. Asquith J: â€Å"There may be cases in which the drunkenness of the driver at the material time is so extreme and so glaring that to accept a lift from him is like engaging in an intrinsically and obviously dangerous occupation, intermeddling with an unexploded bomb or walking on the edge of an unfenced cliff. It is not necessary to decide whether in such a case the maxim volenti non fit injuria would apply, for in the present case I find as a fact that the driver’s degree of intoxication fell short of this degree†. HAYNES v HARWOOD [15] facts The plaintiff, a police constable, was on duty inside a police station in a street in which, at the material time, were a large number of people, including children. Seeing the defendants’ runaway horses with a van attached coming down the street he rushed out and eventually stopped them, sustaining injuries in consequence, in respect of which he claimed damages. HELD 1) That on the evidence the defendants’ servant was guilty of negligence in leaving the horses unattended in a busy street. 2) that as the defendants must or ought to have contemplated that some one might attempt to stop the horses in an endeavour to prevent injury to life and limb, and as the police were under a general duty to intervene to protect life and property, the act of, and injuries to, the plaintiff were the natural and probable consequences of the defendants’ negligence. 3) That the maxim â€Å"volenti non fit injuria† did not apply to prevent the plaintiff recovering. . 1 Imperial Chemical Industries v Shatwell [16] Volenti non fit injuria, [Latin: no wrong is done to one who consents] The defense that the plaintiff consented to the injury or (more usually) to the risk of being injured. Facts The plaintiff and his brother were were certificated and experienced shotfirers employed by ICI Ltd in a quarry owned by the defendant company. Part of the brothers’ works included wiring up detonators and checking the electrical circuits. There was an old practice where a galvanometer was applied directly to each detonator for testing purposes. This practice was known to be dangerous and was outlawed by statutory regulation. The plaintiff claimed his brother was 50 per cent to blame for the explosion and the employer was vicariously liable. The plaintiff was awarded half of the total amount of damages. The defendant appealed. The Decision The plaintiff and his brother were both experts. They freely and voluntarily assumed the risk involved in using the galvanometer. There was no pressure from any other source. To the contrary, they were specifically warned about complying with the new safety regulations. The defence of volenti non-fit injuria will apply when there is true and free consent to the risk. Note (1) the employers not being themselves in breach of duty, any liability of theirs would be vicarious liability for the fault of J, and to such liability (whether for negligence or for breach of statutory duty) the principle volenti non fit injuria afforded a defence, where, as here, the facts showed that G and J knew and accepted the risk (albeit a remote risk) of testing in a way that contravened their employers’ instructions and the statutory regulations. (2) Each of them, G and J, (the brothers) emerged from their joint enterprise as author of his own injury, and neither should be regarded as having contributed a separate wrongful act injuring the other. The defence of volenti non fit injuria should be available where the employer is not himself in breach of statutory duty and is not vicariously in breach of any statutory duty through neglect of some person of superior rank to the plaintiff and whose commands the plaintiff is bound to obey, or who has some special and different duty of care. Nettleship v Weston [17] is an English Court of Appeal judgment dealing with the breach of duty in negligence claims. In this case the court had considered the question of the standard of care that should be applied to a learner driver, and whether it should be the same as is expected of an experienced driver. | | Facts Mr. Nettleship, the plaintiff, agreed to teach Mrs. Weston, the defendant, to drive in her husband’s car, after he had inquired the insurance policy. During one of the lessons, the defendant lost control of the car and caused an accident in which the plaintiff was injured. The defendant argued that the plaintiff was well aware of her lack of skill and that the court should make allowance for her since she could not be expected to drive like an experienced motorist. 3 Judgment The Court of Appeal, consisting of Lord Denning MR, Salmon LJ and Megaw LJ held that applying a lower standard to the learner driver because the instructor was aware of his inexperience would result in complicated shifting standards. It would imply, for example, that an inexperienced doctor owed his patient a lower standard of care if the patient was aware of his lack of experience. The standard of care for a learner driver would be the usual standard applied to drivers: that of an experienced and skilled driver. The policy consideration that played a role in this decision was that the learner driver was covered by insurance. Over the dissent of Megaw LJ, the Court of Appeal held that the instructor was also responsible for the accident as he was partially in control of the car and should only be able to recover half of his damages due to negligence. Able to recover half of his damages due to contributory negligence. Baker v T E Hopkins & Son Ltd[18] 1 Facts Two employees of the defendant company were overcome by carbon monoxide fumes in a well they were attempting to decontaminate. The plaintiff, a doctor, went in to try to rescue them even though he was warned of the fumes and told that the fire brigade was on the way. All the three men died. 2 Judgment The defendant company argued that the (the estate of) the plaintiff doctor should either not be compensated because the doctor knowingly accepted the risk he was taking or his damages would be reduced for contributory negligence. The Court of Appeal considered that such a suggestion was â€Å"ungracious† and that it was unseemly and irrational to say that a rescuer freely takes on the risks inherent in a rescue attempt. The doctor’s contributory negligence could only be recognized if he showed â€Å"a wholly unreasonable disregard for his own safety†. 3 Significance This case is one of the many in which the courts have refused to hold rescuers who have suffered in their rescue attempts to have negligently contributed to their injuries or accepted the risks involved in their rescue attempt. This applies to both amateur and professional rescuers, such as fire fighters (See Ogwo v. Tailor [19]) INDIAN CASES United India Insurance Co. Ltd. vs Guguloth Khana And Ors.[20] Facts:– On 23-5-1991 a lorry bearing No. AP 26-T-364 belonging to M/s. Amruthesh Transport Company started at Warangal with some load of groundnut oil cake to go to Anakapalle in Visakhapatnam. One Ch. Mallikarjun was engaged as driver of the said lorry. There was a comprehensive insurance policy for the lorry with the United India Insurance Company. When the lorry reached near Thorrur village on the way leading to Khammamm P.W.D. Road, several villagers were waiting on the road, due to lack of transport facility because of the assassination of Sri Rajiv Gandhi on the previous day (22-5-1991). Then, about 25 persons, including some children and women boarded the lorry. The lorry, after travelling about five kilometers from Thorrur village and reached near Mattedu village, the driver of the lorry applied sudden brakes whereby the lorry turned turtle, as a result of which twelve persons died on the spot and three more persons also died after they were taken to hospital. Ten persons sustained injuries. The claimants, either the injured or the legal heirs of the persons who died in the accident, have filed the O.Ps against the owner, driver and insurer of the lorry. Before the Motor Accidents Claims Tribunal, the driver of the lorry who was served with notices in the O.Ps remained ex parte. Before the Tribunal, owner of the lorry filed counter, denying the averments in the O.Ps, contending that the driver of the lorry was not responsible for the accident. It was contended that at the time of the accident, another lorry was coming in the opposite direction at high speed in a rash and negligent manner, and to avert accident, the driver of the lorry applied sudden brakes by taking the lorry to the extreme left side of the road. Due to bad condition of the road, the lorry turned turtle resulting in fatal road accident. He also contended that he has given strict instructions to the lorry drivers not to carry passengers on their lorries. Before the Tribunal, the present appellant-Insurance Company also filed counters admitting that the lorry involved in the accident was insured with it as a goods vehicle, in which passengers are not allowed to travel. It was contended that as per the conditions of insurance policy only six persons are authorized to travel in the lorry and that the persons who travelled in the lorry were unauthorized passengers. It was contended that even if for any reason it is considered that the deceased and injured are non-fare paying passengers, the liability of the Insurance Company is limited to Rs. 15,000/- in case of death and lesser amount for injuries. The Insurance Company disputed the quantum of compensation claimed in the O.Ps. by the respective claimants. Issues raised †¢ Whether the accident took place due to rash and/or negligent driving by respondent No. 1? †¢ To what compensation if any, the petitioners are entitled to and if so, against which of the respondents? †¢ To what relief ? Subsequently, the issues were recast as under: âž ¢ Whether the accident took place due to rash and/or negligent driving of the lorry by its driver Ch. Mallikarjun? âž ¢ Whether there were specific instructions issued to the drivers of the Transport Company that they should not carry passengers enroute and if so, on that ground that owner of the crime vehicle is not liable to pay the compensation in the claim petitions? âž ¢ Whether the third respondent Insurance Company is not liable to cover the risk of the deceased and injured involved in the accident under the terms of the Insurance policy, the copy of which is marked as Ex.B-1 along with the terms and conditions of the policy including Indian Motor Tariff marked as Ex. B-2? âž ¢ Whether the petitioners are entitled for compensation, if so, to what amount and from whom? âž ¢ To what relief? . Decision (a) On consideration of the oral and documentary evidence on record, the Tribunal held that the accident has taken place due to rash and negligent driving of the lorry by its driver. The Tribunal negatived the contention of the owner of the lorry that he is not liable to pay compensation. Basing on these two findings and the medical and documentary evidence available on record, different amounts of compensations were granted to the different claimants in the respective O.Ps, who are arrayed as respondents in the appeals. (b) Aggrieved by the same, the present appeals are filed by the Insurance Company. (c) The first contention advanced by the Counsel for the appellant-Insurance Company is that the injured/deceased who travelled in the lorry are unauthorized passengers in a goods vehicle and the insurance policy issued is for the goods vehicle and there is no reason to fasten the liability on the Insurance Company; it is a violation of policy conditions and there is no need to fix the liability against the present appellant-Insurance Company. (d) The second contention advanced by the Counsel for the appellant-Insurance Company is that the owner of the lorry got examined R.W. 1, Manager in the Transport Company, who stated that he was informed by the driver of the lorry that the injured/ deceased unauthorisedly entered the lorry, and the maxim/doctrine â€Å"volenti non fit injuria† applied to this case as they voluntarily entered into the lorry at their own risk and there is no reason to fasten liability on the Insurance Company. (e) In these cases, so far as the first contention of the Counsel for appellant that the claimants/respondents are travelling as a gratuitous passengers in a goods vehicle and not entitled for compensation and the Insurance Company is not liable to pay any such compensation, is concerned, it is contrary to the principle laid down by the Supreme Court in New India Assurance Company v. Shri Satpal Singh and Ors[21]. . In that case, the Supreme Court considering clause (ii) of proviso to Sub-section (1) of Section 95 of the Motor Vehicles Act, 1939 (Old Act) and Section 147 of the Motor Vehicles Act, 1988 (new Act), and noticing the absence of a similar clause in the new Act, held†Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦under the new Act an insurance policy covering third party risk is not required to exclude gratuitous passengers in a vehicle, no matter that the vehicle is of any type or class†. In view of the above ruling of the Supreme Court, there is no merit in the first contention of the appellant, that the injured/legal heirs of the deceased in these cases are not entitled to any compensation on the ground that they are gratuitous passengers, is without substance and the same is hereby rejected. . [i](f) Learned Counsel for the appellant-Insurance Company relied on the decision in V. Gangamma v. New India Assurance Co. wherein a learned Single Judge of this Court held that the Insurance Company is not liable to pay compensation to the dependants of the deceased persons who are travelling in the vehicle at the time of accident as trespassers and not as passengers. The facts of that case are entirely different from that of the facts in these appeals. In the case cited, the claimants were treated as passengers on the basis of evidence of R. W. 1 (the driver of the lorry therein), who categorically stated that the claimants-therein have forcibly entered into the lorry asking him to take them to particular place and threatened to beat him if he does not do so. In the present cases, there is no evidence to show that the claimants/deceased entered into the lorry forcibly with any threat to the driver of the lorry. So, the decision in Gangamma’s case (3 supra) is not applicable to the case on hand. The appeals was dismissed. BIBLIOGRAPHY †¢ Rmaswamy Ayers LAW OF TORTS 10th edn.(by A Lakshminath &M Ssridhar) †¢ Winfield and jodowiez, TORT WVH Jogers,7th edn. †¢ 1990] 3 All ER 801 ( Court of Appeal), †¢ [1935] 1 KB †¢ [1933] 2 KB 297 †¢ [1971] 3 All ER 581 (Court of Appeal †¢ [1959] 3 All ER 225 (Court of Appeal †¢ (1933) 1 KB 205 †¢ [1963] 2 QB 23 †¢ 1959] 3 All ER 225 (Court of Appeal †¢ [1988] AC 431). †¢ II (2001) ACC 392, 2001 (2) ALT 185 [1999] RD-SC 411 ———————– [1] Rmaswamy ayers LAW OF TORTS 10th edn.p.939(by A Lakshminath &M Ssridhar) [2] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [3] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [4] Rmaswamy ayers LAW OF TORTS 10th edn.p.940(by A Lakshminath &M Ssridhar) [5] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1057 [6] Winfield and jodowiez,TORT WVH Jogers,7th edn.P.1058 [7]1990] 3 All ER 801 ( Court of Appeal), [8] [1935] 1 KB 146 [9] [1933] 2 KB 297 [10] [1971] 3 All ER 581 (Court of Appeal [11] [1959] 3 All ER 225 (Court of Appeal [12] (1933) 1 KB 205 [13] [1963] 2 QB 23 [14] [1939] 1 KB 50 [15] [1935] 1 KB 146 [16] [1964] All ER 999 [17] [1971] 2 QB 691 [18] 1959] 3 All ER 225 (Court of Appeal [19] [1988] AC 431). [20] II (2001) ACC 392, 2001 (2) ALT 185 5 [21] [1999] RD-SC 411 ———————– ———————– |LAW OF TORTS |August 29 | | |2013 | |THIS RESEARCH PAPER BRINGS OUT THE APPLICATION OF VOLENTI NON FIT INJURIA, AS A | VOLENTI NON FIT INJURIA &CASES | |DEFENCE IN TORT LAW. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |