pure economic loss negligence

pure economic loss negligence Many losses resulting from tort could be described as economic; the term is usually used to cover losses which are purely economic meaning those where a claimant has suffered financial damage that does not directly result from personal injury or damage to property, as when a product brought turns out to be defective, but does not actually cause injury or damage to other property. Catherine Elliott Frances Quinn (7th Edition). A plaintiff can claim in negligence if he suffers financial loss due to negligent mis-statement.Special relationship between parties and the special skill represented by the defendant together with Reliable reliance are the necessary elements required by a Plaintiff for establishing a liability in a professional negligence action.   Alberts trust and action can be discounted, as Barry was not qualified to provide professional advice pertaining to investment decisions. Also, the advice was imparted in a social set up and thus held little trust for serious consideration. Lastly, Albert had not specially requested for considered advice, mentioning to Barry that it would be adhered to. Therefore, the condition of notion of proximity was not satisfied. According to Lord Devlins formulation, a duty of care arose only when there existed a relationship Equivalent To Contract[1], between the claimant and the defendant, an application of the general conception of proximity, between the two parties. In the given scenario a special relationship between the parties was non-existent. Alberts reliance on Barrys advice was unjustifiable, as the loss suffered here was not attributable to the defendants negligent mis-statement; he had not voluntarily assumed responsibility towards the claimant. A duty of care would only arise if the defendant foresaw the claimants reasonable reliance on his statement. The case of HEADLEY BYRNE CO. LTD v HELLER AND PARTNERS LTD[2](HOUSE OF LORDS, 1964) applies to the given situation. Here the court held that if a professional person in the course of his business imparted advice, knowing that it was being relied upon, then he owed a duty of care to that person, to exercise reasonable care and skill, failing which, he would be liable in negligence. However, a disclaimer prevented any duty of care from arising. Since, the above is not applicable to Barry, he did not owe any duty of care to Albert. The advice I would give Albert is not to take recourse to legal proceedings. With so many factors working against him, the chances of a successful outcome were highly unlikely. It would be time consuming besides not being monetarily feasible. The claim being made in the County court would require regular legal payments and he might also end up being responsible for the legal costs of Barry since it would be difficult to prove that the loss was only due to Barrys negligent mis-statement. CASE II Although the claimant did not pay to receive the information, the essential element of  Ã‚  proximity between the defendant and claimant existed. Jim was aware that his advice would be acted upon in a specific way, making him responsible for the provision of accurate advice, which he failed to provide. Parties bound in a contractual relationship owe a duty to be careful while providing statements to the contracting party.  Ã‚  Reliance by the Plaintiff was reasonable as she had particularly requested considered advice. Therefore, although it was not in Jims professional capacity to provide legal advice, he owed her a duty of care.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The significant effect of the reliance element can be illustrated by MORGAN CRUCIBLE CO PLC V HILL SAMUEL BANK[3]  (1991) where the court held that defendants were liable for the claimants losses. It was reasonable for the claimants to rely on the defendants advice since the advice had been specifically prepared for the purpose of the take-over bid. The negligent professional owed a duty of care to the identified client.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In the HEADLEY BYRNE CO. LTD v HELLER AND PARTNERS LTD (HOUSE OF LORDS, 1964) case, the bank was sufficiently precise, disclaiming any responsibility, thus preventing any duty from arising[4]. Jim however, did not indicate that the advice given was subject to a disclaimer and that it should not be relied upon, therefore, proving Mrs Smiths reliance on his statement as foreseeable and reasonable.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In the CAPARO INDUSTRIES PLC v DICKMAN[5]  (1990) case the court held that no duty of care was owed to the claimant. The accounts were not for the purpose of providing advice regarding investment decisions. There was insufficient proximity between the claimant and the defendants as the accountants were unaware that the claimants intended using the accounts as guides for investment. Although, Jim could argue that he lacked the required skills to provide advice regarding claims and that she should have made use of independent advice, this maybe shunned on the grounds that he was consciously aware of the claimants intention of adhering to his advice. The advice I would give Mrs Smith is to impose a claim, as the loss suffered by her because of not claiming her insurance was attributable to the defendants negligent mis-statement. He had voluntarily assumed responsibility towards her and therefore it was his duty to find out about any changes in law that affected her position. He owed her a duty of care and was clearly in breach of that duty. It would be reasonable to sue him in the County Court in order to make good the loss or otherwise try for an out of court settlement to avoid legal costs. CASE III   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The loss suffered here resulted from a negligent act, the basic rule for which is that a person can sue for economic loss consequent on physical loss suffered by the person, but may not sue if he has suffered economic loss alone. However, an exception to this rule is when there is sufficient proximity between the parties and one element in this maybe reliance by one on the other.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The loss arising from direct damage to Percys crops was an economic loss. The loss on profit arising from his inability to sell the damaged crop was a consequential economic loss'[6]. Financial loss due to his inability to plant and sell a further field of crops because of the state of the land was a pure economic loss'[7].   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  SPARTAN STEEL v MARTIN CO[8]  (1973) is a case holding relevance in the given context. The court held that the claimants could only recover for the physical damage to the melt in progress, plus loss of profit on that melt, but not for the profits they would have made while the power was off. The damage to the melt was an economic loss while the loss of profit on that melt was consequent thereon but loss on profit caused by the power cut was not directly consequential upon any damage done and therefore a pure economic loss, and not claimable. Percy can therefore claim for the economic loss as well as for consequential losses thereon. However, he cannot recover the pure economic losses that were independent of the physical damage. Pure economic losses are usually not compensated for a number of reasons, including but not limited to the courts fear of the floodgate[9]  problem. Even in the case of  MURPHY v BRENTWOOD[10]  (1990,HL) the House of Lords held that no duty of care existed in case of apparent defects. The cost of remedying the defect was purely an economic loss and not recoverable.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Therefore, it is recommendable to pursue a legal claim in the County court for the loss Percy suffered as a result of damage to his crops and on the consequential losses but not for the pure economic losses. Preceding cases give sufficient assurance that Percy could claim for the former two. Since the losses suffered were quite large it would be reasonable for Percy to go ahead with legal proceedings. Word Count: 1324

Scottish Architecture Building

Scottish Architecture Building The Scottish Parliament Building- A report into Project Failure Introduction Sitting within the UNESCO World Heritage site, the new home to the Scottish Parliament in Holyrood from its outset has proven to be controversial. Opening in 2004, politicians, the media and the Scottish public have criticised many aspects of the build. Aside from cost controversy surrounded the decision to construct a new building, the choice of site, the selection of a non-Scottish architect and the selection of Bovis as a construction Manager after being earlier excluded from the shortlist. In amongst its criticisms the building has seven awards, including the 2005 Stirling prize, the Vill Biennial of Spanish Architecture and the RIAS Andrew Doolan award for architecture, and after being shortlisted for the Stirling prize in 2004 was described by judges as a ‘statement of sparkling excellence. The building finally opened in 2004, three years after its scheduled opening with a final estimated cost of  £414 million, exceeding the originally estimate of between  £10m - £40m. In 2003 the former Lord Peter Fraser chaired a major public inquiry into ‘the cost over-run and delays in the construction of the Scottish parliament building finally concluding in September 2004, criticising the management of the project. Lord Fraser said his inquiry had been hampered by the unwillingness of those involved in the project to take responsibility for what went wrong. The ancient walls of the Canongate have echoed only to the cry of, it wisnae me, he said. He concluded that there is no single villain of the piece behind the Holyrood building fiasco. This report looks at the fundementals of what went wrong and to what extent project management could be held responsible. Strategic and Operationall project management actions that could have been taken to better control the project and increase its chance for successful delivery against time and cost targets are discussed. The report finally concludes by indentifying the key lessons that project management can learn from the experience. I do not wish to pass comment on the subjective viewpoint of the aesthetics of the building yet rather seek to analysis the reasons to explain the delay and cost over run of the project. This report has been broken down into the following sections. Delays and Cost The role of the Project Management Strategic and Operations Management Conclusion Delays and Cost There are many factors that attributed to the cost and delay of the building which when added together led to disastrous consequences: Primary Coast and Brief The primary cost projection by the Scottish office for housing MPSs in a new Scottish parliament were never achievable from the outset. The estimate took no account of either location or design of its buildings. Lord Frasier concludes that the figure of  £40 million which appeared in the white paper was informed by a range of costs put forward in a minute of 10th June 1997 which was based upon very general assumptions and for a ‘bog standard and new building.  £40 million was never a realistic estimate to cover anything other than a basic build, certainly not a complex building such as the building which was finally procured when considered it was based upon a cleared site of 16,000sqm on Brownfield land in either Leith or Holyrood, a basic design and was unclear if this sum included professional or construction fees. Consequently as the project progressed and the design of Enric Miralles was chosen, the cost projection increased dramatically, being revised to include VAT, acquisition costs, contingencies, site costs, and consultancy fees. Over the course of the five year build it is reported that 18,000 design changes occurred resulting in a three year delay. There was clearly an inadequacy of the brief and a failure to adequately investigate the size requirements of such a building, with the gross area of the building having to be increased by 35%. The increase of security features such as the incorporation of bomb-proof cladding in October 2002, may have amounted to as much as nearly  £100 million. Security requirements envisaged for the new parliament building were contained in the building user brief of 1998, however rather than designing to a security specification, the ‘nature of the concept meant that a realistic assessment of the detailed security requirements could not be undertaken until the detailed design of the building had commenced. This would have the greatest impact in regards to cost and programme on the project. Architect Selection In July 1997, it was announced that a competition would be held to select ‘the best design for a new Scottish parliament, with the press release stating ‘we want value for money as well as quality. We will be looking at ways in which the cost of the parliament can be kept to a minimum. The time frame was set with a designer to be in place by early 1998 and for the building to be complete for the new Millennium. As such, it seems the Scottish parliament was unable to decide where there priorities lay with respect to quality, cost and time. The panel selected designer Enric Miralles with the work being awarded to EMBT/RMJM (Scotland) Ltd, a Spanish-Scottish joint venture design company set up specifically for the project. The two practices found the two different cultures and ways of working difficult to adapt to, especially since they were also working from two different locations and communicating mainly via fax. In 1998, Bill Armstrong, Project Manager to the project, resigned from his position due to not receiving the support necessary to enable him to carry out his job and heavily criticising Miralles saying ‘a stand must be taken to either bring Miralles to heel or to accept his inadequacies. He does not believe he has any. The programme will drift, the cost will increase, the design team will make claims, the contractors will make claims and the project will become a disaster. Project communication was also hindered by the multi-headed client comprising of the SPCB, the presiding officer and an architectura l advisor. The project was also further complicated by the deaths of the architect Miralles in July 2000 and Donald Dewar, first minister in October of the same year. Procurement path The decision to procure the building under Construction Management is said to be ‘one of the most significant, if not the most significant decision taken during the course of the project. The choice of procurement was chosen rather than under a Private Finance Initiative for its speed in construction by overlapping design, tendering and construction. The Holyrood Inquiry criticises that the choice of procurement was not properly identified or evaluated, describing it as ‘beggars belief that ministers were not ask to approve the proposal to adopt construction management. The Scottish office publicly declared that they would be working to a fixed budget and where highly ‘risk adverse, yet they followed a procurement path which had no fixed budget and also a route where a high degree of risk lies with the client. In an attempt to achieve early completion the management contractor produced an optimistic programme from which the flow of design information was destined to fail to meet expectations. As such, construction cannot proceed in accordance with the programme and cost entailed. While some failures have been attributed to the architect arising from co-ordination and communication in differences between Edinburgh and Barcelona the client should have been made aware that high quality design work takes time and that the programme was un realistic given the complex nature of the design. The appointment of the Construction Manager Although initially rejected on tender price, Bovis were readmitted to the selection on the basis of past performance on the Museum of Scotland. On finalising the contract the Scottish Office left themselves open to large construction fees if the project over ran by not processing Bovis agreement in regard to their fee. Bovis proposed a Construction Management Fee of 1.25% to be converted to a lump sum on agreement of the Project Cost Plan. A formal letter of intent was issuedby the Scottish Office of their intention to enter into a contract with Bovis on 19th January with the formal legal Memorandum of Agreement not being signed until October of the same year. Although Schedule 1(J) confirmed a fee of 1.25% it failed to make provision for conversion of that fee to a lump sum on agreement of the cost plan. Had a lump sum value been stipulated, it would have have acted as a powerful incentive for Bovis to complete the project on time .  The Auditor General in his 2000 report makes the point that a tapering percentage scheme could have been implemented in that the percentage fee would reduce as a proportion of construction cost as that cost increases, although Lord Frasier also makes the valid point that this would not have been as significant as the possible conversion to a lump sum upon agreement of the cost plan. As demonstrated above the project was a catalogue of errors resulting from a number of decisions at a relatively early stage of the project that were ‘fundamentally wrong or wholly misleading and it was those decisions that caused massive increases in cost and delays. The next section in this report looks at to what extent the project manager be held accountable. The role of the Project Management Brief After the identification of the requirements of a new parliament building by civil servants in June 1997, a project manager was engaged for the specific task of developing a brief for a parliament building. The project brief is a comprehensive statement of the requirements of the project which enables construction professionals to understand the scope and extent of the project and quality requirements. The outcome of any project relies on the quality of the briefing provided. The project brief in this instance had many failings, proved by the fact that it was necessary to increase areas due to under estimating the actual requirements of the parliament and its end users. The Auditor General was complementary about the user brief in that it presented a ‘clear vision of the requirements of the new parliament, however it failed to address the potential conflict between cost, time and quality. More time should have been spent developing the brief at an early stage taking into account risk and requirements which would have reduced the likelihood of changes later which could have direct cost implications and knock-on effects with regard to programme. Communication The relationship between the project manager and architect and also the project managers relationship with his employer is vital. From reports submitted to the Holyrood inquiry it is concluded that the project manager did not succeed in developing constructive dialogue with the architect. Indeed from the time of the architects appointment the project manager had reservations and serious misgivings about the appointment and subsequently resigned in 1998. Although the project manager had been praised on an earlier project Victoria Quay, for his commitment, organisation, single mindedness and attention to systems and detail which had served the project well, these qualities which carried with them rigidity and inflexibility were not enough to develop and sustain a productive relationship with the EMBT/RMJM design team. Again this recurring theme was echoed in late 2000 when the Project Director also commented that he found it difficult to develop a constructive relationship with the architect. Procurement Choice- Construction management The Holyrood Inquiry notes that while the timetable was developed by the project manager ‘using his considerable experience of project management the tight deadline was undoubtedly driven both by the political objective of an early completion and the occupancy of the parliament building. While the programme may have been a given factor which dictated a ‘fast track construction method, greater investigations and evaluation should have taken place to appropriate the best procurement path. Construction management is a procurement option for high quality, potentially high cost projects if the client is fully engaged and has a clear goal. The Holyrood inquiry however found that the project managers were not fully engaged and failed to appreciate cost downsides and risks involved with managing 60 contractors according to an everlasting brief. The project manager should have given better understanding and advice to both the client and non construction professionals involved in the project about the significantly higher client risk and cost uncertainty that both construction management and management contracting entail over traditional procurement methods. Risk could have been passed to the contractor under another route. Although tender prices are likely to have been higher there would have been a greater degree of cost certainty. Sir Michael Lathem believes that full partnering should have been used to share the risk between client and contractor. The conceptional design work could have been complete by Miralles than novated to a major design and build contractor to work out construction drawings as part of the construction team. The client could have had proper cost control while bringing in value management at an early stage to design out things that adds cost but no value. Prime contracting could possible have been another option. Although still evolving in the late 1990s it benefits from joined up team from inception with the supply chain on board. Project Execution Plan There was a failing by project management to finalise the draft Project Execution Plan, as highlighted in the Auditor Generals September 2000. The Project Execution Plan is a key document governing the project with fundamentals such as project strategy, organisation, control procedures and responsibilities. The HM Treasury describes this document as ‘a live management document, regularly updated to be used by all parties both as a means to communication and as a control and performance measurement tool. The Auditor Generals main findings in his 2000 report highlights there should have been change control procedures based on a detailed cost plan agreed between all parties at an early stage. Cost reporting was also deficient in a number of areas, such as an absence of an arrangement requiring project management to provide full cost information on regular and systematic basis and also in a departure from good practice in the failure to identify and quantify a separate allowance for the major risks potentially affecting the project. Strategic and Operations Management For project management to be effective, it must incorporate both strategic management and operational project management techniques. Strategic management planning at its simplest produces both primary goals for operational plans and also the framework within which they can be realised. Cole (1997) describes strategic management as being much about vision and direction as about mechanisms and structures. At strategic level, project management is concerned with the provision of the organisational and integration structures while at operational level, project management is concerned with how particular processes common to all projects should be executed and controlled. With the application of a clearly defined Body of Knowledge, project objectives can be appropriately defined and objectives successfully delivered. When looking at the Scottish Parliament project there are a number of strategic and operational management actions that could have been undertaken to better control the project and increase its chance for successful delivery against time and cost targets.. Project Organisation Burke (2005) comments that projects are performed by people and managed through people. Therefore it is essential to develop an organisation structure which reflects the needs of the project (task) and the needs of the project team, just as importantly as the needs of the individuals. Central figures within the Holyrood project organisation were the project owner, the project manager and the project sponsor. The project owner sat within a steering group of senior civil servants who took strategic decisions on behalf of the client. The project manager was responsible for the day to day management of the project and reported directly to the project sponsor and acted as the interface between project sponsor and the supply chain. It is the project sponsors role to act as the clients representative and act in the clients interest in the project. In the case of the Holyrood project the project sponsor was not familiar with construction or sponsorship of major construction projects. On a project of such complexity and playing such an important link within the organisation structure the project sponsor should have had sufficient knowledge of both. In my opinion this ultimately had a impact on both the projects successful delivery against time and cost. Decision making mechanisms of the project structure were criticised during Lord Frasiers summary of the Holyrood inquiry. Frasier recommended that where independent advisors are retained, their views should not be filtered by civil servants but put to ministers alongside any disagreement officials may have with the judgements expressed by those advisors. Ministers did not have any formal indication of the apparent threat to the agreed budget of  £50 million during late 1998 and early 1999 when officials were aware of the ‘evolving situation. Forecasting the future, Scenario Planning Cole (1997) describes forecasting in a strategic context as referring to ‘any attempt whether qualitative or quantitative and usually based on past performance, to predict future outcomes and trends in the internal and external environments of an organisation in order to limit the risks involved in devising and implementing strategy Forecasting at an operational level may be focused on the next few months to a year and need a considerable level of exactness, whereas on a strategic level a reasonable level of predicted trends is required in the longer term often on the basis of a 3 or 5 year plan. There is a number of techniques that can be used when forecasting the future such as such as Delphi technique, brain storming and scenario development. Scenario planning, essentially provide a framework for formulating strategy under conditions of uncertainty. Porter (1985) comments that when combined with ‘substantive conceptual tools for understanding industry structure, competitive behaviour, and competitive advantage, the scenario tool can be an important part of the strategists arsenal. The most important difference between rational approaches to strategic planning and scenario planning is that the past is not always representative of the future as continuity cannot be assumed. By challenging assumptions and questioning things that we sometimes take for granted, the Holyrood project team could have been provided with the flexibility it needed to cope with the uncertain times ahead such as the death of the architect and factors such as the 9/11 terrorist attacks in the United States of America which has been suggested had a direct effect to the increase in security requirements including bomb proof cladding at Holyrood. Conclusion Although the choice of construction management was heavily criticised in Lord Frasers report many of the decisions that contributed to the massive costs and delays attached to the project were made at a relatively early stage due to the project not being managed properly. With an unrealistic estimated budget and programme the project was destined to fail from the outset. It would be unfair to compare the end cost figure to the original  £49 million cited in the white paper because as previously discussed this was not an accurate figure. Had these estimates derived from final designs and contingencies for the variations then a more realistic comparison for the end cost versus the estimated cost could have been made. It would be fair to say that during the project there were a number of unforeseen circumstances that were unavaioidable which had an effect on both time and cost of the build, notable the deaths of Miralles and Dewar in 2000 and the existence of a multi-headed client (consisting of the Scottish Parliament Corporate Body, the Presiding Officer, and an architectural advisor), who took over the project from the Scottish Executive (formerly the Scottish Office) while it was already under construction. Although events like these cannot be predicted they can be properly managed if the correct contingency measures are in place to effectively manage the risk. It seems that project management can be successfully implemented as seen in other industries such as aerospace and manufacturing, however as both the Latham and Eagn reports outline, the construction industry is behind in terms of performance improvements. In order to be successful project management must implement management at both strategic and operational level. If systems and tools that are used at an operational level to implement project management are not used in conjunction with corresponding integration and organisational aspects of strategic management, then problems are bound to occur. 6.0  Ã‚  Ã‚   References Books Burke, R (2003) Project Management, Planning and Control Techniques. Wiley Cole, G, (1997) Strategic Management, Letts Educational Porter, M (1985) Competitive Advantage- Creating and sustaining superior performance, The Free Press Reports Journals Lord Fraser, 2004.   Holyrood Inquiry, Final Report.   Available from: http://www.holyroodinquiry.org/FINAL_report/report.htm [7 Nov 2006] R. Bayfield, 2004.   Insights from Beyond Construction:   Collaboration The Honda Experience.   Available from: www.scl.org.uk [15 Nov 2006] Websites http://scottish.parliament.uk

Beethoven :: essays research papers

BEETHOVEN   Ã‚  Ã‚  Ã‚  Ã‚  Ludwig van Beethoven was born 1770 in Bonn Germany. His mother was a singer in the service; his father was a court musician that had little motivation and a drinking problem. His father noticed that Beethoven had a gift at a young age, and began teaching him piano and violin. But Beethoven was a hard learner, he was self-involved and impatient. This probably led to why he was a loner and why he only went to academic school for three years. Beethoven’s father wasn’t the only one who saw Beethoven’s talent, Gottlob Neefe (a German Organist) become young Beethoven’s mentor. Gottlob thought Beethoven was the next Mozart, so he sent him to Vienna to meet him. But Beethoven’s mother got sick so he had to come back home before he met him formally. By the time he came back to Vienna, Mozart had died so Beethoven sought help from Hadyn, another German composer. He became Beethoven’s second mentor and taught him new styles of music. Beethoven did his first shows in Vienna in 1795. He was the first composer that was not supported by wealthy persons; instead Beethoven supported himself with money from selling his music. By 1778, Beethoven started hearing humming and whistling sound in his ears, and it got worse. A few years later, he became completely deaf. Although he was deaf he could still write music. He finished his first symphony in 1800. In 1802, Beethoven became depressed and thought a lot about suicide. He went to a small village in Germany where he stayed for a few years. The next couple of years Beethoven created his most impressing masterpieces. In 1812 he had completed over twelve of his best works and he was known worldwide. But after this Beethoven did not release any music for awhile and he got in trouble with the law over some royalties to songs. But in 1817 he began composing again and he did through 1824. In 1824 Beethoven composed two of his most memorable pieces, the Ninth Symphony, and Ode to Joy, these were two of Beethoven’s best compositions. The first time Beethoven conducted the Ninth Symphony, the crowd, at the end of it was at a tremendous applause. And Beethoven was still with his back turned on the podium until one of the â€Å"soloists† turned him around. In 1820 Beethoven won custody of his nephew Karl since his brother had

Lakota Woman Essay -- American History Native Americans Essays

Lakota Woman Mary was born with the name Mary Brave Bird. She was a Sioux from the Rosebud Reservation in South Dakota. She belonged to the "Burned Thigh," the Brule Tribe, the Sicangu. The Brules are part of the Seven Sacred Campfires, the seven tribes of the Western Sioux known collectively as the Lakota. The Brule rode horses and were great warriors. Between 1870 and 1880 all Sioux were driven into reservations, fenced in and forced to give up everything. Her family settled in on the reservation in a small place called He-Dog. Her grandpa was a He-Dog and told about the Wounded Knee massacre. Almost three hundred Sioux men, women, and children were killed by white soldiers. Mary was called a iyeska, a breed which the white kids called her. She had white peoples blood in her. Her face was very Indian, but her skin was light. She hated being "white" and loved the summer because she would tan and make her look more Indian. She had a husband from the Crow Dogs which were full-bloods. They were the Sioux of the Sioux. Her people had very strong family ties and everyone cared for everyone. Still even though the white man has ruined their close family ties they have many traditions which keep the intermediate family closely tied together. The whites however completely destroyed the tiyospaye, which is the extended family like the grandparents, uncles and aunts, in-laws and cousins. The government tore the tiyospaye apart and forced the Sioux into the kind of relationship now called the nuclear family. Those who refused to be ruined by the government were pushed back in the country and into isolation and starvation. Her father, Bill Moore, was only part Indian and mostly white. He left almost immediately after Mary was born becaus... ...eonard returned home the entire town came to welcome him. When Leonard returned home the entire tribe came to welcome him. They had a big feast and Mary too was honored. Mary got a new name, Ohitika Win, Brave Woman. She was very honored and proud to have a True Indian name. Both Leonard and Mary had to get used to the changes they both endured over the time Leonard was in jail. Mary was no longer a shy Sioux woman walking with downcast eyes in the footsteps of some man. Mary and her sister were apart for a long time and grew far apart. They no longer viewed things as they used to. Mary Promised herself that she would Sun Dance for four years straight. She started to dance by making flesh offerings for those brothers and sisters who had died. "It was at that moment that I, a white-educated half blood, became wholly Indian. I experienced a great rush of happiness."

Qualia, Robots and Complementarity of Subject and Object :: Philosophy Papers

Qualia, Robots and Complementarity of Subject and Object Jackson claims that a person who sees colors for the first time by this very fact acquires a certain knowledge which she or he could not have learned in a black and white world. This argument can be generalized to other secondary qualities. I argue that this claim is indefensible without implicit recourse to the first-person experience; also Nagel’s "what it is like" argument is polemically weak. Hence, we have no argument able to dismiss physicalism by consideration of first-person qualia (contra Jackson); however, it does not force us to endorse qualia-reductionism. In the second part of my paper I defend non-reductionism in a different way. Following Nagel and Harman, I try to avoid criticisms usually presented against Nagel, seeing subjectivity and objectivity as two complementary structures of the subjective and objective element of our language. I refer to classical German philosophy, phenomenology and Marxist dialectics which have developed a complementary approach cruc ial in the reductionist/anti-reductionist controversy in the philosophy of mind. "Opinion says hot and cold, but the reality is atoms and empty space." Democritus Jackson’s Black and White Mary (1) case illustrates an argument that our first-person experience of qualia provides knowledge not accessible through third-person means. This argument seems suspicious: if ‘knowledge’, by definition, needs to be grasped in third-person terms, it is inconceivable how an exclusively first-person experience may give us knowledge. Harman (92) develops complementarity of subjective and objective aspects within his functionalism of concepts. This notion needs to be extended to epistemic complementarity. I refer to Classical German Philosophy, Phenomenology and Marxism which have developed a complementary approach crucial in the reductionist anti-reductionist controversy in philosophy of mind. I. The Knowledge Argument As Jackson (86) emphasizes in his polemics with Churchland (85) the main point of the case of Black and White Mary is not that Mary cannot ‘imagine’ what it is like to sense red but that "she would not know" (2) how red things look. I accept this argument, but not the next step. Jackson argues: "But if physicalism is true she would know; and no great powers of imagination would be called for." (3) There are two versions of physicalism: the first, against which Jackson has something to say, maintains that every instance of knowledge can be couched in third-person language. (4) But the assumption that physical information is solely what "you can tell" is not a necessary condition of physicalism. Qualia, Robots and Complementarity of Subject and Object :: Philosophy Papers Qualia, Robots and Complementarity of Subject and Object Jackson claims that a person who sees colors for the first time by this very fact acquires a certain knowledge which she or he could not have learned in a black and white world. This argument can be generalized to other secondary qualities. I argue that this claim is indefensible without implicit recourse to the first-person experience; also Nagel’s "what it is like" argument is polemically weak. Hence, we have no argument able to dismiss physicalism by consideration of first-person qualia (contra Jackson); however, it does not force us to endorse qualia-reductionism. In the second part of my paper I defend non-reductionism in a different way. Following Nagel and Harman, I try to avoid criticisms usually presented against Nagel, seeing subjectivity and objectivity as two complementary structures of the subjective and objective element of our language. I refer to classical German philosophy, phenomenology and Marxist dialectics which have developed a complementary approach cruc ial in the reductionist/anti-reductionist controversy in the philosophy of mind. "Opinion says hot and cold, but the reality is atoms and empty space." Democritus Jackson’s Black and White Mary (1) case illustrates an argument that our first-person experience of qualia provides knowledge not accessible through third-person means. This argument seems suspicious: if ‘knowledge’, by definition, needs to be grasped in third-person terms, it is inconceivable how an exclusively first-person experience may give us knowledge. Harman (92) develops complementarity of subjective and objective aspects within his functionalism of concepts. This notion needs to be extended to epistemic complementarity. I refer to Classical German Philosophy, Phenomenology and Marxism which have developed a complementary approach crucial in the reductionist anti-reductionist controversy in philosophy of mind. I. The Knowledge Argument As Jackson (86) emphasizes in his polemics with Churchland (85) the main point of the case of Black and White Mary is not that Mary cannot ‘imagine’ what it is like to sense red but that "she would not know" (2) how red things look. I accept this argument, but not the next step. Jackson argues: "But if physicalism is true she would know; and no great powers of imagination would be called for." (3) There are two versions of physicalism: the first, against which Jackson has something to say, maintains that every instance of knowledge can be couched in third-person language. (4) But the assumption that physical information is solely what "you can tell" is not a necessary condition of physicalism.

Manage People Performance Essay

Project 1 When allocating it is important to consider that work should be allocated on a fair basis taking into consideration the employee experience, expertise, skills, knowledge understanding and workloads. It i salso important to consider the following: Goals and objectives Work must be goal and target oriented. Managers and their employees need to set goals that are realistic, achievable and have timeframes attached. Large goals can be broken into smaller steps to which specific timeframes are attached so they can become milestones. This enable work to be allocated and to be monitored and measured as it progresses. Competence When allocating work the competencies, knowledge, skills and experience of employees must be considered so that work is allocated to those who are best equipped to do it. When drawing up actions plans it is important that managers and leaders take into consideration the competencies of the staff members to be involved, the interest of the staff members, their availability and the likely outcomes of involving specific employees. Operational need When drawing up a work plan it is important to focus on the goal of the action plan. Action plans outline what will be done, how it will be done, by whom it will be done and the timeframes and deadlines that apply and the resources that will be required. The plan will outline what needs to be done and who is responsible for the various implementation aspects of the plan. Efficiency A plan must be performed in the best possible manner with the least waste of  time and effort possible. This means using all the information, knowledge and skills learnt and using the time at your disposal. Also giving employees responsibility, accountability and delegating appropriately are all processes which will increase involvement, commitment and enthusiasm for the achievement of specific outcomes and that, I believe, is a way to make a plan efficient. Cost effectiveness To maintain costs at an acceptable level, resources must be used in the most effective ways so that use is maximised and expenditure is minimised. Staff should learn to manage the work they do in ways that don’t needlessly waste resources and work allocations must allow for the most effective use of resources. Hiring and training new staff costs, as mistakes, rework and misuse of resources. It is also necessary to negotiate the best possible prices for resources. Consultation Consultation is a key element in the development of an operatinal plan. It is important to consult with people who use the resources to determine the best deployment and acquisition methods. Employees who use resources on a day-to-day basis in order to complete their work will be able to identify problems and if encouraged to do so will be able to suggest improvements that will increase resource efficiency and effectiveness. Also consultation involves employees and gives value and credence to their ideas by making them feel valued and aware them that they contribute toward the big picture goal achievement of the organisation. When allocating work and drawing up work plans it is also necessary to consider the following: Develop KRAs and KPIs that meet the organisation’s needs  It is important to develop KRAs and KPIs because thay are a vital part of the organisational planning process. They provide a clearly defined way of measuring whether or not organisational goals have been achieved. KPIs enable organisations to measure progress towards its goals, but also define  what progress looks like. KRAs are generally formulated for the long term and focus at a higher level of organisation, while KPIs are measurable in very short intervals, they are directly tied to actions on the frontline and adjustable in real time. Develop and implement effective performance management systems Performance management systems are necessery to identify, evaluate and develop employees and teams work performances so that an organisation’s goals and objectives are more effectively achieved. Performance management systems enable management to track, monitor and evaluate work to ensure that is contributing towards the success of the organisation. Performance management is also the process of communication between manager and employee that results in mutual understanding of what employee is to be doing during the next period of time. Have a code of conduct for the organisation It is important to have a code of conduct because it provides a guide to staff for appropriate behaviour. It will not cover all issues that arise but will provide a framework within which staff can address behavioural and ethical issues. The code establishes standards by which staff and management conduct themselves towards other staff or collegues, government authorities and the general community and perform their duties and obligations. A code of conduct is generally established on values such as integrity, honesty, conscientiousness, compassion, courtesy, fairness and respect. Regurarly monitor and evaluate the work of employees It is necessary to monitor employees performance to identify and establish performance requirements as KRAs and KPIs and also to clarify and communicate the organisation’s goal achievement strategies. When conducting performance monitoring both managers and employees must have a clear agreement and understanding of the performance expectations, evaluation, processes and implications. By drawing up an action plan it becomes possible to monitor each step in the implementation process and to assess effectiveness as you go. Employees are able to see what they are achieving as they achieve it. Give effective feedback and reinforcement to employees and acknowledge good work Feedbacks are important because they reinforce good work and encourage employees to continuing improvement. Employees whose contribution to improvement processes and organisational success is recognised will be motivated to continue improving and, at the same time, it will be created an higher level of enthusiasm. If employees don’t receive feedback to let them know what they are doing well so they will continue doing it or what they are not doing well so they can make adjustments, they will not know whether their efforts are noticed and whether their performance meets the organisation’s expectations. Also satisfied staff will stay with the organisation and so will the knowledge and skills. Have systems in place to manage poor performance Is important to understand that feedbacks on poor performance will be more effective if they are adressed at the time they occur and not left until they are either escalated or been forgotten about. When poor performance is identified it is necessary to take specific steps to address it. This will involve the collection and analysis of performance related to information. When possible is better to collect direct information and from a number of different sources. It might be necessary to report to senior management the performance issues and the proposed steps that will be taken to resolve the issues that are identified by the monitoring and evaluation process. Understand the organisation’s termination policy and the legislation to which it relates It is necessary to understand that any kind of action should be performed in accordance with the law and that there are regulations that protect the employee and that prevent the management to take definitive actions if they don’t follow the law. (Fair Work Act 2009). If mangers decide that an employee’s performance is so poor as to necessiate dismissal, they must be aware of the requirements and possible consequences of dismissal under unfair dismissal laws. Unlawful dismissal are primarly based on discrimination grounds and notice periods. Project 2 It is clear that at the base there is a problem of communication within the organisation. In this case I think that the main problems are two. The first is represented by a poor training to staff which leads to insufficient knowledge of the methodology to be used during these operations and poor ability to deal with issues once they arise. The second problem is the lack of communication between the two leading department. This gap has led the supply department to make mistakes such as the client didn’t receive the goods on time or the goods have not fully made up. The result of these two major gaps made that the work was done wrong and has led the customer to be dissatisfied. To make sure that such situations do not arise again, as a manager / leader of the organisation I would focus on improving the phase of training of staff in which I’d put special attention on the internal communication between the various department. First of all, the training must be done so that employees have the material, the support and the time to acquire all the information needed so they can do their job in the best way possible and in the way that they are able to remedy any errors that may occur during one of the processes. The training also needs to be tested on site with real performances and, occasionally, with updates. Internal communication whithin an organisation is vital. Without good communication made of daily contacts between the various department, reporting changes or improvements and updates on the methodology, an organisation can not do the job in the right way, bringing the results to be insufficient for the customer and, most likely, the failure on the market. Both managers and employees therefore need training so they understand how the system works, how they can and should contribute and what the results of an appraisal should be. They must know and be involved in setting the relevant performance standard. They need to understand how the appraisal process fits with the organisation’s procedures and expectations for future performance. Starting with the basis of a good training to managers and employees and  giving proper attention to the communication system, I believe that the results of an organisation are intended to improve, even in the short term period. In the event that, despite efforts to bring the level of knowledge of the individual employee and the team to a satisfactory level, I don’t see improvements in the production and receive constant complaints from clients, I would probably consider the possibility of proceeding with more important procedures such as a final conclusion of work of the staff responsible for the lack of results.

Campaign Speech

I can say that being an elementary pupil is both fun and challenging. Class discussions and homework, joining the school band or the ukulele ensemble, being in the choir, engaging in sports, giving intermission numbers during school programs, joining in various contests, or even doing the household chores that await us after school—these are the challenges that we face every day, and these are the same challenges that make our elementary days enjoyable and worth remembering. That is why I am so happy that a pupil’s government exists in our school, because through it, we can make our stay in our dear school even better than what we are already experiencing. We now have a voice. And I would be honored to represent you guys and let your needs and desires be heard so that together with the teachers and school administrators, we can achieve that holistic and well-rounded education that all of us aspire to have. I feel that the candidates for this position are all qualified, but my love for our school and for the pupil population is what I can most of all boast about because that is my driving force to run and hopefully serve. I am actually excited of what you and me can do together if I would be elected, and you can expect that I would not put your votes to waste and that I will deliver my best. With that said, I humbly ask for your votes. Don’t forget to put my name, Kyle Antonette C. Delubio, for vice president in the ballot. Thank you and good day! Campaign Speech If we look to the laws, they afford equal justice to all in their private differences†¦ if a man is able to serve the state, he is not hindered by the obscurity of his condition. The freedom we enjoy in our government extends also to our ordinary life. There, far from exercising a jealous surveillance over each other, we do not feel called upon to be angry with our neighbour for doing what he likes†¦ â€Å"[13] These lines form the roots of the famous phrase â€Å"equal justice under law. The liberality of which Pericles spoke also extended to Athens' foreign policy: â€Å"We throw open our city to the world, and never by alien acts exclude foreigners from any opportunity of learning or observing, although the eyes of an enemy may occasionally profit by our liberality†¦ â€Å"[14] Yet Athens' values of equality and openness do not, according to Pericles, hinder Athens' greatness, indeed, they enhance it, â€Å"†¦ advancement in public life falls to reputation s for capacity, class considerations not being allowed to interfere with merit†¦ ur ordinary citizens, though occupied with the pursuits of industry, are still fair judges of public matters†¦ at Athens we live exactly as we please, and yet are just as ready to encounter every legitimate danger. â€Å"[15] In the climax of his praise of Athens, Pericles declares: â€Å"In short, I say that as a city we are the school of Hellas; while I doubt if the world can produce a man, who where he has only himself to depend upon, is equal to so many emergencies, and graced by so happy a versatility as the Athenian. [16] Finally, Pericles links his praise of the city to the dead Athenians for whom he is speaking, â€Å"†¦ for the Athens that I have celebrated is only what the heroism of these and their like have made her†¦ none of these men allowed either wealth with its prospect of future enjoyment to unnerve his spirit, or poverty with its hope of a day of freedom and ric hes to tempt him to shrink from danger.No, holding that vengeance upon their enemies was more to be desired than any personal blessings, and reckoning this to be the most glorious of hazards, they joyfully determined to accept the risk†¦ Thus, choosing to die resisting, rather than to live submitting, they fled only from dishonour†¦ â€Å"[17] The conclusion seems inevitable: â€Å"Therefore, having judged that to be happy means to be free, and to be free means to be brave, do not shy away from the risks of war†. With the linkage of Athens' greatness complete, Pericles moves to addressing his audience.