Two Faces Of Multiple Personality Disorder Psychology Essay

Two Faces Of Multiple Personality Disorder Psychology Essay Multiple Personality Disorder, or Dissociative Identity Disorder, as it is now identified by the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition (DSM IV -TR) continues to be a disputed diagnosis after decades of diagnoses, treatment, and research. Psychiatrists, medical doctors, psychologists, counselors and social workers, as well as attorneys and judges, continue to seek the validity of this mental disorder. While the primary concern of those in the medical community is a correct diagnosis in order to direct treatment, the legal community relies on a proper diagnosis to determine both guilt and sentencing for those who use the diagnosis to plead a not guilty by reasons of insanity defense. Despite the lengthy battle between the opposing sides debating the actual existence of the disorder, the disorder will be included in the May 2013 edition of the DSM V. Neither the medical nor the legal community doubts the need for therapy or counseling of some form for these patients. However, the proper treatment is, or should be, directly related to an accurate diagnosis. Determining the validity of Multiple Personality Disorder continues to be, after all these years, a serious concern. The question remains, Is there sufficient scientific research to prove the validity of Multiple Personality Disorder? I was 23 years old when the movie When the Rabbit Howls aired on television. The true story film adaptation of Truddi Chases story of extreme child abuse and subsequent diagnosis and treatment of Multiple Personality Disorder was a horrific tale of severe family dysfunction leading to vicious sexual abuse beginning at the age of two. Despite the massive volume of books I have read, the many movies watched, and the television shows viewed, none of them continue to haunt me as this movie has. Apparently, I was not alone in my fascination of Truddi Chase. Oprah Winfrey invited her to be the first guest on her radio program, as well as an early guest on her television program. Chase later returned in 1990 for a second interview on the Oprah Winfrey Show. Her appearance on the Oprah Winfrey Show was later listed as one of TV Guides Top 25 Oprah Moments. Chase claimed to have 92 distinct personalities. Despite my awe and fascination of the life of Truddi Chase, I am left wondering; is this possible? Does this disorder actually exist? To be able to blame all of our faults, sins, or shortcomings on another, someone other than our self could be the ultimate fantasy for some. If one is caught in a compromising position of sexual infidelity, drug use, driving under the influence or any other serious crime, one could simply wake up and claim someone else did this, another self. To walk benignly through life accepting responsibility for only the noble deeds we perform, the good we display, would that not be the best of all possible lives? Perhaps. Or perhaps it is a life of tormented existence, lost time, forgotten experiences, disrupted, fragmented pieces of a life half lived. While some claim Multiple Personality Disorder was diagnosed as early as the 1800s, the first famous or possibly infamous case in the United States was the case of Christine Costner in 1951. The classic 1957 film, The Three Faces of Eve was the story of Dr. Corbett Thigpen, a young neuropsychiatrist who treated Christine Costner (called Eve White to protect her identity) in 1951. The existence of more than one personality became manifested gradually during treatment, in 1952. After about 100 therapy sessions over 2-3 years, Ms. Costner seemed well. Ms. Costner subsequently wrote three autobiographical books. She revealed her identity in 1977 (as Chris Costner Sizemore, her married name). She has claimed that she actually had about 20 personalities, that they were not resolved until years after her treatment with Dr. Thigpen, and that they were not the result of childhood trauma, as she had reported during treatment. (Atkinson, 2009) Even after this rather dubious case, the disorder did not fully manifest itself until after the renowned story of Sybil in the 1970s. Sybil was a television miniseries, based on a 1973 book by science journalist Flora Rheta Schreiber. Sybil Dorsett was a pseudonym for the patient, Shirley Ardell Mason. Dr. Schieber was asked to write a book by the patients psychiatrist, Dr. Cornelia Wilbur while Dr.Herbert Spiegel was asked by Dr. Wilbur to consult on the case as a hypnotist. The hypnotist reported he did not think that Ms. Mason had MPD, he believed Dr. Wilbur had suggested this to her patient, and that Ms. Masons allusions to separate personalities amounted to game playing in a hysterical patient prone to dissociation. He said that Ms. Mason told him that she had read The Three Faces of Eve during her therapy and was impressed by it. According to Dr. Spiegel, Ms. Schreiber visited him and said, But if we dont call it a multiple personality, we dont have a book! The publisher wants it to be that; otherwise it wont sell. After treatment (more than 2,000 sessions), Ms. Mason always maintained the truth of her claims of experiencing multiple personalities (16 in all) and childhood physical and sexual abuse by her mother. (Atkinson, 2009) After the popular movie of Sybil, the diagnosis of Multiple Personality Disorder ballooned from perhaps no more than 100 beforehand to 40,000 or more 20 years later, mainly in North America. (Atkinson, 2009) Was it merely cases of misdiagnoses? Or was this a new phenomenon, a new disorder? There are many reasons I believe the diagnosis of Multiple Personality Disorder to be faulty, overzealous, or patently untrue. I will attempt to provide both sides of this argument for or against the validity of this diagnosis as I found many professionals weighing in. Psychiatric, as well as medical diagnosis can change. The Diagnostic and Statistical Manual of Mental Disorders (DSM) was first published in 1952. Since then it has been through five revisions the newest edition DSM V coming out in May 2013. According to the current DSM-IV-TR, Diagnostic criteria for Dissociative Identity Disorder300.14 must include the following, A. The presence of two or more distinct identities or personality states (each with its own relatively enduring pattern of perceiving, relating to, and thinking about the environment and self).   B. At least two of these identities or personality states recurrently take control of the persons behavior.   C. Inability to recall important personal information that is too extensive to be explained by ordinary forgetfulness.   D. The disturbance is not due to the direct physiological effects of a substance (e.g., blackouts or chaotic behavior during Alcohol Intoxication) or a general medical condition (e.g., complex partial seizures).  Note:  In children, the symptoms  are not attributable to imaginary playmates or other fantasy play (American Psychiatric Association, 2000) Therefore, my first argument would be that Multiple Personality Disorders appearance in the DSM was late in being included and has changed with each issuance of the manual. Multiple Personality Disorder did not appear in the DSM until 1980, the Third Edition. The criteria and terminology changed in the 1994 DSM IV edition, and according to Helen Farrell in Current Psychology, the American Psychiatric Association Work Group has proposed new diagnostic criteria for DID for DSM-5, which is scheduled to be published in May 2013. (Farrell, 2011) I have been unable to find the proposed changes, but am anxious to see if they were approved and what those changes are. The questions remain. Why was this disorder not observed in a number of patients prior to the 1980s? Why does the criterion continue to be so difficult to define? Many of the patients diagnosed with MPD have been found to have been highly suggestible and easily hypnotizable, with a tendency to fantasize, and unreliable in their counseling sessions. Roland Atkinson reports Subjects who are highly hypnotizable (virtuosos) may self-induce trance states or respond to a therapists instruction to enter such a state with rudimentary, or even unwitting, cues. Thus, personalities may also have been cued, even if they seemed to have emerged spontaneously. In such circumstances, patient and therapist alike may inadvertently and honestly believe in an MPD diagnosis, and in memories of childhood trauma, which are not valid. This may have occurred in the filmed cases; that is, both may have been at least partly iatrogenic in origin. (Atkinson, 2009) Iatrogenic means Induced in a patient by a physicians activity, manner, or therapy. (Dictionary, 2000). In fact, it is not until the person is in therapy do they become aware of the multiple personalities. (Leuder Sharrock, 1999) (Murray, 1994) The patient becomes aware of these alter egos through regression therapy or hypnosis. Most of the patients discover they were sexually abused as children, causing such trauma, the child forms another personality to deal with the pain and mental stress. (Piper Jr., 1998) The argument for the lateness in the diagnosis of MPD in patients is the clients use of repression, denial, and rationalization. According to John Murray in The Journal of Genetic Psychology, the alter egos may present themselves only during a window of diagnosibility and be unable to detect at later times, remaining latent in the patient. (Murray, 1994)The MPD symptoms may be present in one session only to disappear in another, much like bipolar depression symptoms. The issue of childhood sexual abuse also becomes an issue of concern in the MPD diagnosis due to the difficulty in proving abuse. Sexual abuse is very hard to confirm in a child, it becomes even more difficult in an adult victim of child sexual abuse. This is NOT to say the abuse never happened, merely that it is difficult to substantiate. As the clients are highly suggestible, implantation of false memories becomes easily arguable. A few of the memories are so bizarre as to be unbelievable, consider the following one patient claimed to have witnessed a baby being barbecued alive at a family picnic in a city park; another patient alleged repeated sexual assaults by a lion, a baboon, and other zoo animals in her parents back yard in broad daylight. (It should be mentioned that both therapists in these cases are prominent MPD adherents, and neither appeared to have any difficulty believing these allegations). (Piper Jr., 1998) Independent corroboration would be very helpful in cases such as these and certainly helpful in the prosecution of current cases today, but, alas, this has never been, and will doubtfully ever be, the case. The preponderance of sexually abused patients succumbing to MPD leads to another factor of the disorder. Ninety percent of the patients are women. (Atkinson, 2009), but it has been reported to have been as high as 92 percent in a 1996 study. (Murray, 1994) Ruling out gynecological concerns, I can think of no other illness with such a high rate of gender inequality. However, one must take into consideration that girls are subjected to higher rates of childhood sexual abuse than boys are. Another concern deals with how psychiatrists and other professionals diagnosis MPD. The doctors assert that they had been alerted to the possibility of MPD when a client reported such benign symptoms as headaches, insomnia, listlessness or forgetfulness. Even more ridiculous was the absolute randomness and inanity of the following diagnostic clues reported by August Piper Jr. glancing around the therapists office; frequently blinking ones eyes; changing posture, or the voices pitch or volume; rolling the eyes upward; laughing or showing anger suddenly; covering the mouth; allowing the hair to fall over ones face; developing a headache; scratching an itch; touching the face, or the chair in which one sits; changing hairstyles between sessions; or wearing a particular color of clothing or item of jewelry In one case known to the author, a leading MPD proponent claimed that the diagnosis was supported by behavior no more remarkable than the fact that the patient changed clothes several times daily and liked to wear sunglasses. (Piper Jr., 1998) With such diagnostic alerts to the doctor, one cannot be surprised at the large number of MPD cases some doctors had the opportunity to treat. MPD diagnosis and treatment became a cottage industry for some self-promoting doctors and therapists. In his article Film, fame, and the fashioning of an illness, Atkinson believed the films portraying Sybil and Eve perpetuated this mass diagnosis. Many cases shared features in common with false memory phenomena, such as the influence of coercive suggestion by therapists in producing the desired but invalid memory reports of highly susceptible patients. (Atkinson, 2009) There are many diagnostic tools used by therapists to confirm the MPD diagnosis. A few include: Structured Clinical Interview for Dissociative Disorders, Dissociative Disorder Interview Schedule, Dissociative Experiences Scale, Childhood Trauma Questionnaire (Farrell, 2011) (Murray, 1994), as well as the Thematic Apperception Test (T.A.T) and the Minnesota Multiphasic Personality Inventory (MMPI) (Murray, 1994). Most notable in all of these tests and diagnostic tools is that they are all self-reporting. While many would argue you cannot beat the test, I find that argument to be untrue in some cases, particularly if an eager or leading therapist coaches the patient. However, Murray contends in a blind test for 63 adult psychiatric patients, using the MMPI MPD profile, and correctly identified 68% of the 25 MPD patients. The MMPI seemed a valuable aid in diagnosing MPD. (Murray, 1994) The fact that no clear, specific method of treatment for MPD has been established also deals a blow to MPDs validity. Even staunch supporters, such as David Hartman MSW of the Wellness Institute and psychologist Dr. John B. Murray agree that there are no particular methods of treatment and that it was all still very experimental. Some of the methods currently being used are psychotherapy, pharmacotherapy, behavior modification, group therapy sessions (with some difficulty, I will not mention the humor I found in this, as I was unsure if the group therapy would include multiple personalities and one physical person), psychodynamic therapy, the use of sodium amobarbital (a drug with sedative/hypnotic properties) and of course hypnotherapy. (Murray, 1994) (Piper Jr., 1998) (Hartman, An overview of the psychotherapy of dissociative identity disorder, 2010) (Hartman, Treatments for dissociative disorders, 2010)While hypnotherapy often led to the initial diagnosis, it is also part of the t reatment. However, Murray warns while Hypnosis is usually a constructive intervention, it can be misused. (Murray, 1994) And while hypnosis provides access to secret personalities, it may enhance rather than repair the dissociation process. (Murray, 1994) In his support of hypnosis, he continues, hypnosis is useful in therapy when it helps MPD patients understand and use the past and present for better self-understanding and direction. (Murray, 1994) There are several diagnoses which MPD patients could also be diagnosed. A few include, schizophrenia, affective disorder, posttraumatic stress disorder, dissociative disorders other than MPD, depression, bipolar disorder, even drug abuse. Prior to the diagnosing of MPD, I would hope all other possible disorders be completely ruled out, rather than MPD being ruled in. Again, despite being a advocate of the validity of MPD, Dr. John B. Murray writes, MPD features can overlap with other psychiatric diagnoses, and clinicians have been wary of inducing MPD in patients and of treating MPD patients. (Murray, 1994) He, too, recognizes the danger of MPD inducement! Though life may often be stranger than fiction, I found the ridiculousness of the many reports derived from MPD cases to further cause my doubts of its validity. I will list several I found particularly absurd. C. A. Ross writes of alters that force [the patient] to jump in front of a truck. [The alters] then go back inside just before impact, leaving the [patient] to experience the pain (Piper Jr., 1998), or the French woman who spoke no German would suddenly speak in another language. Carter writes, as her French self, she could remember everything she had said or done during her previous French episodes. As a German woman, she knew nothing of her French personality. (Carter, 2008) Some multiple even have different immune systems and bodies, Felida X, for example, had three different personalities, each with their own illnesses. One of them even had her own pregnancy, unknown, at first, to the others. (Carter, 2008) The fact that some alter egos can create their own alter egos is a lso incongruous. Sheila claimed she consciously chose a masculine identity. (Layton, 1995) Another absurdity are the form alter egos may take according to their therapist, There are alters of people of the opposite sex, of the treating therapist, of infants, television characters, and demons. Alters of Satan and God, of dogs, cats, lobsters, and stuffed animals even of people thousands of years old or from another dimension have been reported by MPD proponents. (Piper Jr., 1998) And lastly in the area of ridiculousness, throughout the reading about MPD, I found time after time, journal article after journal article, from proponents to nay-sayers, asserting that the alter personalities identities,, alter egos, ego states, personality states or merely alters, could number two, sixteen, ninety-two, two thousand, or even ten thousand! How does a therapist keep up with these characters? After all, many are deceitful, some are aging, some stay nine years old, some will split yet again, some will be hidden, and others will be repressed. Keeping track of the multiples would create a full-time job for a therapist with a single patient! Lastly, MPD simply does not meet the legal test. Some in the legal community have said the diagnosis may be the most controversial diagnosis introduced into the criminal justice system. (Hafemeister, 2009) In fact, most recently, courts have rejected the admissibility of DID evidence, including expert testimony, because the scientific evidence failed to meet reliability standards, and therefore is not ultimately useful to the judge or jury. (Farrell, 2011) The State of West Virginia has also spoken to the validity of this controversial diagnosis, Similarly, in State v Lockhart (2000), Mr. Lockhart contested his conviction of first degree sexual assault on the basis that he was not permitted to present evidence of DID to support his insanity defense. The West Virginia Court held that the diagnosis of DID was speculative and therefore did not meet reliability standards for evidence. (Farrell, 2011) Does it matter? Does a diagnosis of Multiple Personality Disorder versus another matter? I maintain that it does. Billy Milligan, a serial rapist from Ohio in the 1970s, was excused from any criminal responsibility with his diagnosis of MPD. In Current Psychiatry, Helen M. Ferrell writes, The court declared serial rapist Billy Milligan insane due to lack of one integrated personality and therefore not culpable of the crimes he committed. Public outrage was extraordinary. Since this case, most DID defenses have not been successful. (Farrell, 2011) Public outrage was extraordinary. Indeed! I am sure it was. As I suggested previously, being able to blame all of our faults, sins, or shortcomings on another, someone other than our self, could be the ultimate fantasy for some. Commit multiple rapes? Milligan would simply wake up and claim someone else did this, his other self. Another case making this argument matter, is the woman in Chicago who consulted a psychiatrist for depression. He concluded that she suffered from MPD, that she had abused her own children, and that she had gleefully participated in Satan-worshiping cult orgies where pregnant women were eviscerated and their babies eaten. Her failure to recall these events was attributed to alters that blocked her awareness. No one had produced any evidence for the truth of any of this, no one had seen her do anything unusual, no one had come forward to say they had participated in satanic activities with her. But no matter. The doctor notified the state that the woman was a child molester. Then, after convincing her that she had killed several adults because she had been told to do so by Satanists, he threatened to notify the police about these criminal activities. The womans husband believed the doctors claims. He divorced her. And, of course, because she was a child molester, she lost custody of her children. (Piper Jr., 1998) The validity of a MPD diagnosis also matters so we, as counselors, therapists and others in the mental health field can provide appropriate treatment to these patients. For, despite the label we may wish to give an illness, the illness MUST be treated. Multiple Personality Disorder was a fad, a psychological trend, a craze, perhaps. Therapists, the public, even Oprah Winfrey, became enthralled by these captivating stories of abuse, human survival and the minds incredible fortitude. However, the diagnosis has led to more harm for the patients, abuse from malingerers, and prevented those with true mental illnesses from receiving the treatment they need and deserve.

Why Do I Volunteer? :: Contribution to My Community Service

Why Do I Volunteer? Some people volunteer to gain career experience, to build their resume. Develop skills or learn new ones. In addition volunteer work enables others to make contacts with people in their chosen career. Some people volunteer to build self-esteem, to make themselves feel better. To feel needed, to feel that they have a place in this world. To truly feel like they are making a contribution to society. Some people volunteer for the social aspect, to climb the social ladder while helping those less fortunate. Some people volunteer as a result of the instilled set of values they have a set of values that compel them to act on deeply held beliefs about the importance of helping others. Some people volunteer because they have felt the cruel sting that life may have afflicted them or a loved one with. For example someone might volunteer for the American Cancer Society because a family member died of cancer. And some people do it because they want a better understanding about different people or the organization they serve, "bridging the gap," so to speak, in order to better understand their community and themselves. However, I volunteer to give back to my community. I am grateful for the help I received from others. When I was in high school I participated in the Upward Bound program. There I was influenced by the

The Fight for the Ordination of Women in the Roman Catholic Church Ess

It is a well-known fact that women of the Catholic Church have been excluded from holding important leadership roles throughout history. While the more subordinate women of the early Catholic Church once accepted this view, Catholic women around the world are now challenging it. Multiple secular and religious influences over the last few decades have empowered women to find their voice and speak out against this long-standing tradition of discrimination (Henold 15). Despite all of the debate and the shortage of priests, the Catholic Church has not waivered in its belief against the ordination of women into priesthood. To gain a better understanding of this debate, one must examine the history and aspirations of the Catholic feminist movement, as well as the reasoning behind the church’s decision to uphold this long- standing tradition. In the early days of the Catholic Church, strict guidelines were placed on women to ensure that they were pure, domestic, and submissive. They were expected to conform to the model of the â€Å"eternal woman† by giving up any personal desires and surrendering themselves to God (Henold 25). This ideal woman was portrayed in a publication called The Eternal Women, which was written in 1934 by a German historian by the name of Gertrud von Le Fort (Henold 26). Le Fort expressed that women were assigned the duty of sacrifice, and while men had to sacrifice as well, it was not in their nature. It was expected that a woman must surrender to her husband in all aspects of life, including decisions pertaining to child bearing (Henold 27). She used the Virgin Mary as an example of surrender, by explaining that Mary surrendered herself to God when accepting her role as the mother of Jesus (Henold 27). ... ...ntinue fighting for equal rights even when faced with excommunication. The Vatican issued a statement in May of 2008 saying that all women priests and the bishops who ordained them would be excommunicated (â€Å"Roman Catholic†). Despite countless threats to supporters, the Association of Roman Catholic Women Priests is gaining support as they continue to ordain women into priesthood and establish congregations around the globe. It is difficult to predict what the future holds for the women of the Catholic Church. Although they have found success in some areas in their fight for equality, the Vatican has remained consistent in its refusal to allow the ordination of women into priesthood even into the present day. It is evident that no matter what decisions are made in the future, this will continue be a topic of constant debate and tension in the Catholic Church.

Venezuela Culture

In all cultures, there are different dimensions that can be categorized into a continuum. Kluckhohn and Strodtbeck have functions of cultural patterns such as common human problems, preferred solutions and most importantly, a continuum. A continuum is how things are rated by percentages. For example, happiness. It could be either more or less in certain situations. In Hofstede’s dimensions of culture, there are two topics and only one can be higher in certain cultures than others. The country I chose to do is the culture of Venezuela.Venezuela is very similar to the rest of the Latin American countries but has exceptional characteristics when it comes to the dimensions that Hofstede describes. The dimensions of culture that will be discussed fall into the four common ones: collectivism, power distance, masculinity and low uncertainty avoidance. Venezuela is a unique country with many different ideas that relate to their culture. Venezuela falls into the collectivism category. This means that the country unites as one, focusing on the needs of groups rather than the individual themselves. The other side of the dimension is individualism.Individualism, as its name says, focuses on the individual where they have to sand up for themselves. Collectivists tend to have large, extended families which continue protecting them in exchange for unquestioning loyalty (Individualism 2009). Also, they work on becoming very skilled at something they are interested in. Venezuelan people are all about being loyal to each other. They see more good in a group, than good in the individual. In Venezuela, the labor force has grown a lot over the past few decades. The unemployment rate has been very low and even woman have been getting jobs.The government has worked together so that almost everyone is employed. Labor relations in Venezuela were consultative rather than confrontational, and the Confederation of Venezuelan Workers had good working relationships with the major bus iness group, the Federation of Chambers and Associations of Commerce and Production (Haggerty, 1993). Compared to other Latin American countries, there wasn’t a bad case of labor relations. The government wanted to make sure everyone in Venezuela was working. It’s good to be a collectivism culture because everyone comes and works together as a group.Power distance is another dimension that can be classified as either high or low. This is determined by how much a culture has respect for authority. High power distance focuses more on higher status of power. Teachers, parents and supervisors are treated with respect and are expected to show authority. Low power distance is a little more laid back. People can talk to whomever they want about anything. For example, an employee is able to talk to their manager about comments for the company or business they work for. Venezuela falls into the high power distance category.People with elite status are more educated and focus ma inly on their business and professions. Venezuela was one of the very few countries in Latin America where a number of elite-supported scholarly and community welfare foundations provided support for an imaginative variety of programs and scholarships (Haggerty 1993). People in middle class respect the elite. Thought it is possible to move up from middle class to elite, this can only happen through successful business deals or by marriage. Either way, Venezuelans know to respect the authority wherever they are. Venezuela has a president and vice president who serve five year terms.The president chooses his cabinet and determines the number of ministries. The president is the main leader in charge whom everyone looks up to. He commands the armed forces, calls special sessions of the Congress, and exercises sole control of foreign policy (Haggerty 1993). Venezuela follows a governmental policy where the president has the highest status, followed by the vice president, then it gets low er from then on. Having high power distance does not necessarily undermine the population, but is accepted by the whole Venezuelan culture as one. Masculinity versus femininity, contrary to it’s name, has more to do than just gender roles.Some masculine characteristics focus on a competitive economy, working hard to get by, and fighting as a result of conflicts. Cultures with this dimension are more aggressive. Femininity on the other hand focuses on more calming features. For example, negotiating to resolve conflicts, women are representing in the government and working to live a good life. Venezuela in this case is more masculine. They are more aggressive than other cultures. Violence and crime increased appreciably in the last decades of the twentieth century and have become major issues of popular concern (Dinneen 2003).Having higher crime rates, though that’s not always a good thing, shows the masculinity in the culture. Men take the majority of the power when it comes to government. Although the Constitution of 1960 declared that men and women were formally equal under the law, women who had been active in the struggle for democracy found themselves devoid of its privileges and marginalized from politics (Wagner 2005). Though it said women were just as equal as men, that didn’t live up to its word. Women were still not allowed to participate in higher politics and businesses.They were expected to stay at home and take care of the house and children. Venezuela is ranked higher in the masculine dimension among all of the other Latin American countries. Venezuela’s uncertainty avoidance is considered lower than the other Latin American countries. Some traits of low uncertainty avoidance include openness to change, tolerance of diversity and hold back emotions. Where as in high uncertainty avoidance, they tend to follow strict rules, express emotions, and have a weak interest in politics. The goal of the culture is to control almo st everything in order to avoid the unexpected.Thanks to their need for security, Venezuelan managers take fewer risks, govern with more written rules and experience lower labor turnover (Workman 2008). There have been processes of social and political changes. Theses processes have attracted more international attention over the years and for more to come. Venezuela was the world’s leading exporter of oil. Venezuelan’s leaders wanted to concentrate on the oil industry as the main source of financing for their reformist economic and social policies (Haggerty 1993). They weren’t afraid to find new non cabinet ministries and form new policies to expand their economy.Even with the economic crises that occurred with the collapse of the financial system in 1994, the government worked to get it back up. When it comes to differences, Venezuelans try to explore the issue. They are curious to what is going on. If they need to make a change, they will do so and take the r isk. For example, during the 1980’s Venezuela had a huge foreign-exchange revenue from oil. Because of this, they developed a voracious demand for imported luxury goods that persisted even as oil prices ebbed in the mid do late 1980’s (Haggerty 1993).This resulted in a weakness in the Venezuelan economy. Even though this happened, the government wasn’t afraid to take the risk. In conclusion, Venezuela has many different characteristics that make them a unique culture. Being a collective culture, they unite as one. They like to focus on everyone as a group to make sure everyone is satisfied. They also fall into the high power distance category. Venezuela has high power authority that is respected by everyone. If they have questions, the people with high status will have all the answers.Venezuela is also a masculine culture. Men dominate over women for occupations and power. Also, this makes the country more aggressive than others. They stand up for themselves and aren’t afraid of anything that comes in contact with them. Finally, Venezuela has low uncertainty avoidance. They will take a risk if they want to and they aren’t afraid to show emotion. This shows they are a strong country that will make changes if it is a concern. Venezuela is a very well-rounded culture with many great qualities about them.

Relationship of Sales and Inventory

In order for your gross gross revenue force to do its job, there must(prenominal) be copious stock-taking on hand to sell. A successful relation carry among sales and neckcloth operations involves either a predictable rhythm of stocktaking turnover as a result of uniform sales, or dependable communication amongst the two divisions so the history division will know how much the sales department removes. In order for this strategy to function smoothly, the sales department must have a clear topic of how long it takes the entry department to fill much intersection point, through production or ordering, and must plan its orders accordingly.Consequences of an Imbalanced gross sales to blood Ratio If your company has more strain on hand than it hatful sell in a sensitive time frame, then it must fell resources to store and handle this defendlog of product. In addition, buying similarly much line ties up capital that you could be development for day to day ope rations. If your company has scrimpy archive on hand to pick up customer demand, you run the risk of losing customers by being unable to provide for them. mise en scene/ProblemsWhen materials be received or created in the factory they atomic number 18 haloaged in some form of stock-keeping-units (SKUs, Packs, Handling Units) for residuum of transport. Each obstruct is given a rum code (Pack number) for ease of identification. Packs can be coded in various shipway e. g. as part of a messiness or unique pack total for severally pallet, box, tote, container, stillage or a unique serial number for each part. When livestock is created or received at goods in, pack poem have to be knuckle underd and quantities of units jam-packed learned.Typically bar-code labels are printed and conquered enabling product to be located and moved in the factory or warehouse. Additionally isolations are managed at a pack level, allowing broth to be quarantined prior to march on investig ation and decision making. Solution The Inventory module of Shopfloor-Online MES is able to Create a record for each pack of inventory created (including semi-finished goods and finished goods) and automatically attach pullability details such as work centre, basis date/time, Production Order, and so on.Createinventory records when goods are received and automatically attach traceability details such as provider, supplier lot number, supplier traceability information. Automatically generate unique pack numbers in user defined formats Allow inventory to change state using a user defined set of states. For physical exertion inventory can be created, isolated, scrapped, released and shipped. The work out history of the state of the inventory is recorded, including who do the decision, when and where. Assist when inventory is isolated, to capture the reasons wherefore for subsequent analysis Move inventory between locations and binsGenerate user defined graduation exercise in fi rst out keys, used in subsequent usage operations to ensure oldest stock is consumed first Use best-before dates and use-after dates to ensure aged inventory is within requirements. Create a seamless link to other systems like the storehouse system or ERP (e. g. SAP). When Used with early(a) Modules When the Inventory module is used in conjunction with other modules of Shopfloor-Online MES more opportunities unbuttoned up. For example Traceability Consumption with this module plenteous material traceability is achieved, track the consumption of inventory (raw materials and WIP) in the production of new materials.Build Traceability this takes traceability to the additive level of individual serialised part numbers Warehousing/Logistics receive planned in-bound deliveries and ship planned out-bound deliveries at an inventory pack level Quality module record the results of quality checks against individual packs (or serialised parts), increasing traceability to each individual pack Customer Complaints trace complaints from inventory pack number back through all aspects of production The Objectives of a Sales & Inventory SystemThe objectives of a sales and inventory system should be oriented toward developing a rhythm for sell inventory on hand at a rate comparable to the rate at which it is being produced, so your company will have neither too much nor too little inventory on hand. If you work with perishable product, the need to develop an appropriate relationship between sales and inventory is especially critical, because you are liable to lose product that you do not sell in time.

Biochip technology Essay

The term world(prenominal) colonization is one popularized by Canadian communications theorist Marshall McLuhan to refer to the competency of electronic communications technologies to collapse notions of geographics and disrupt the conventional wisdom by which society appraises time- put relations.At the heart of the notion of the globular village is the idea that because electronic communications technology are exponentially increasing their ability to abnegate space and time limitations, they enable individuals, societies and institutions to operate on a larger eggshell than forrader phone calls can be do across greater distances at reduce costs, e-mails allow instantaneous transmission of decipherable content and cellular technology increases the mobility of telephony.Whereas the reality we used to operate on was on the village- tone, it is now global a global village. McLuhan topicively celebrated the development of the global village because he believed that it wo uld expand our fond consciousness. Not necessarily make us more socially conscious, exclusively at the genuinely least increase the scale by which we already think back.Where we used to think primarily in terms of local anaesthetic affairs and developments that are mostly proximate to our surroundings, the ability to transmit developments instantaneously instrument that citizens can now think on an enlarged scale. More enthusiastic neo-McLuhanists keep open that the global village will deplete all barriers to glossinesss, nations and semipolitical institutions. However, there is virtually concern that this is not entirely a good thing. For example, some generate discerning that expanding the individual consciousness to meet the scale of the global village comes at a cost.In effect, by thinking on the global scale, individuals may find themselves effectively disengaged from local concerns and proximate issues and at the very worse actively following developments in comm unities they pass no power to affect, and disengaged from local developments that they could realistically make a going away in. Castells (1997) cont terminates, however, that the globalizing effects of Internet and other connatural networking technologies will not necessarily cancel out political boundaries. Rather the side effect of the education Age is that many of the things that have come to define the nation call down will be effectively downsized. sovereignty will no longer prototype in the absolute sense that we have understood it before, but rather, nation-states will populate solely due to the network of alliances, commitments, responsibilities and subordinations that are more than just existent for the eudaemonia of the state, but are necessary to its existence, and this becomes attainable due to the ability to instantiate relationships with networking technologies. It is this component of Castells understanding of globalizing effects which hold some consonan ce with the views of Ulrich Beck.Beck maintains that a lot of the failure to really take measure of the effects of globalization is derived from a especial(a) understanding of it. Beck contends that globalization is not something that is limit to economic relationships and complex trade relations, but something that occurs in the most internalized sense, such as the ways by which we navigate culture and social relationships in an expanded inter topic view that is the result of a national sense sublimated by globalizing technologies, ethnic exchanges and international relationships.However, because of the co-dependencies brought upon by the transition into Castells network state, there is a encounter that globalization will rankle what sovereignty and democracy there is in the weaker nation-states. In other words, rather than acting as a force for solidarity, globalization could erode democratic controls and constitute a political and economic injustice to the nation-state. Th is is possible when a nation-state is unable to negotiate for the betterment of its corporation (whether through incompetence and corruption from the weaker country, or exploitation and deception from the stronger one.) globoseization cannot end democracy per se, but it risks compromising it to the drumhead of rendering it ineffective. REFERENCES Castells, M 1997, The End of the Millennium, The Information Age Economy, Society and Culture Vol. 3. Blackwell, Cambridge, Massachussetts. Beck, U 2000, What is Globalization? Polity Press, Cambridge. McLuhan, M 1986, The Global Village, Oxford University Press New York.

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.