Policy Process free essay sample

The Policy Process: Part I Susan Kunz HCS 455 July 6, 2011 Rich Jones The Policy Process: Part I Patient access to affordable health care is an ongoing issue in the United States. The first portion of the policy process involves three different stages, the formulation stage, legislative stage, and the implementation stage. Three main stages exist in the process to transform a topic into a policy (Morone, J. A. , Litman, T. J. , Robins, L. S. , 2008). Coupled with the implementation stage is an evaluation of all the stages to determine effectiveness and gather information for use in future public health care policy making.In the formulation stage, the ideas, concepts, and information steam from this process of policy making. The evaluation process is defined as the stage where deliberations, discussions, debates, and justifications are done. The implementation phase occurs when the adopted policy is acted upon (Abood, 2007). In the United States the government finances health care for the elderly, blind, and the disabled with low income and limited resources. We will write a custom essay sample on Policy Process or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page With the help of the economy over the years, health care clearly developed into the largest growing health field since 1975 (The Kaiser Family Foundation, 2010). This paper will focus on the first three portions of how the process takes place within Medicaid. Formulation Stage The first stage of the process is the Formulation Stage, which by definition is the â€Å"first and often most challenging stage in using formal decision methods (and in decision analysis in particular). The Formulation Stage also includes a lot of extensive research from different individuals, various organizations, and different types of interest groups. The main purpose of the formulation stage is to create a formal example of the given decision,† (Wikipedia, 2010).At this point those individuals over the age of 65 had little to no access to health insurance and other individuals had inadequate health care coverage. The American people rejected the idea of the government mandating health insurance year after year prior to Johnson singing the bill into effect in 1965. American’s returned year after year pursing different concepts and ideas to receive som e sort of health insurance concept passed. Whether it meant spreading information, ideas or by deliberately starting rumors that certain items were paid by government funds to get the bill passed.After the Medicaid bill was formulated, the bill had to be sent through a debate phase or what can be better defined as the Legislation Stage. Legislative Stage The definition for Legislative Stage â€Å"is the introduction of a bill in the House of Assembly by a member of the Assembly. The next stage is for the bill to be called for second reading. Except by unanimous consent, second reading may not begin until the bill has been printed and distributed to the members and this has been signified on the order paper. The next stage is for the bill to be called for third reading.Unless the House of Assembly orders third reading to begin immediately, third reading takes place on a future day,† (Legislation Process, 2006). The Medicaid debate has been, was, and still is a large expansion of public health care. The bill contained a wide variety of public health issue as well as covering every type of health coverage for children, blind, and low-income families. Implementation Stage The final stage that will be discussed in this paper is the implementation stage in which is considered to be the expression portion of the decision stage.Through different methods like policies, mechanisms, and legislation implementation is born. It is at this point that the decisions made by the correct individuals when situations come to life. On the downside the implementation stage is one of the most difficult tasks when acquiring to deal and confront already existing cultures. â€Å"The Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (Public Law 106-554) allowed persons with Amyotrophic Lateral Sclerosis (Lou Gehrigs Disease) to waive the 24-month waiting period,† (Medicare, 2010). Medicaid, which is a separate federal funded insurance was intended to cover low-income, aged, blind, disabled individuals, parents, and their dependent children on welfare. However, the senior citizens are the population group most likely to be living in poverty, and only about half of these individuals have insurance coverage. The difference between 1965 and now, of course, is costs. Years ago spending more on health care in result covering more people were the whole point. The administration wants to broaden coverage, but cut spending.The American Health Care system needs to be constantly improved to keep up with the demands of America’s health care system. In order for the American Health Care system to improve policies must be constantly reviewed. Congress still plays a powerful role in public policy making (Morone, Litman, ; Robins, 2008). A health care policy is put in place to reach a desired health outcome, which may have a meaningful effect on people. People in position of authority advocates for a new policy for the group they have special interest in helping. The Health care system is formed by the health care policy making process (Abood, 2007).There are public, institutional, and business policies related to health care developed by hospitals, accrediting organizations, or managed care organizations (Abood, 2007). A policy is implemented to improve the health among people in the United States. Some policies take longer than others to be implemented if they are a big change, controversial, or costly (Abood, 2007). ). All public policies that are amended by the local, state, or federal government are normally acted through the regulatory process, which converts the said policy into an established set of rules, which are administered by the various agencies of the government.The challenge to maintain and improve health care today is an everyday job for government and state officials. Health care professionals around the world work in servitude to ensure the wellbeing of others and maintain a systematic way of providing these needs. These officials are in constant preparation and negotiation of improvement policies for a more effective health care system. The decision to incorporate, revise, and sometimes remove these policies are vitally important to the American people, therefore cannot be taken lightly.The three stages of the process of a topic becoming a policy will be discussed: formulation, legislative, and implementation. One must realize the importance of understanding the process of how a topic eventually becomes a policy. A political process must be undergone to make a topic a policy. The idea, or the brainstorming effect, is the initial onset of beginning this process. Once the topic in evident, administration begins the routine sorting of advantages and disadvantages. In the problematic world oday, more problems are evident than any organization can handle. Many of the issues today never make it to the political surface. The number of uninsured and underinsured American people is high, which conflicts patient access to affordable health care. The majority of people in this category may live in poverty. The uninsured and underinsured struggle with rising cost of health care because it is impossible for he or she to access affordable healthcare. The proposed public policy is to ensure affordable health care for all citizens.The proposition is to take state tax returns and a percentage of lottery proceeds to generate a funds to purchase affordable health insurance for people without or with insufficient health insurance. Counties within the state will take a poll of the number of people without health insurance. Conclusion Patient access to affordable healthcare is an ongoing issue in the United States. Policies have been implemented and the cost of health care continues to rise. The first portion of the policy process involves three different stages, the formulation stage, legislative stage, and the implementation stage.

Harvard Business Review -Porter Model Essays

Harvard Business Review -Porter Model Essays Harvard Business Review -Porter Model Essay Harvard Business Review -Porter Model Essay Infosys Consulting (ICI) emerged from Infosys Technologies as a business and information technology consulting firm with a unique strategy. ICI applied Infosys’ Global Delivery Model (GDM) to consulting and leveraged the parent company’s client relationships to attain projects. Based on 24-hour workforce and cheaper off-shore labor, ICI’s strategy allows them to cut down costs and implementation time for projects. While the parent company offers strategic advantages, ICI and Infosys often clash due to overlap in the two companies abilities to complete customer engagements. Although ICI and Infosys are separate entities the two work closely together, thus both must work hard to interface with one another. ICI’s unique organization and strategy creates a value chain which sets them apart from their competitors and produces great benefits for their clients. ICI created the GDM value chain for their consulting services, the â€Å"1-1-3 model,† which consisted of giving the client one onsite ICI resource, one onsite Infosys Technologies resource, and three offshore Infosys Technologies resources. This model allows ICI to cut costs with a blended rate of $100 per hour due to the cheaper labor of the offshore resources. Utilizing the offshore resources also allows ICI to shorten the length of the project from design to implementation as someone can be working on the project all hours of the day. During the day, the onsite team works with the client to observe the company’s processes and create a design. During the night, the offshore team can work on converting the design into software configuration which can then be presented and tested with the client the next day. : This allows the team to complete the project much faster than if the entire team was in the same time zone and allows the client to provide daily input into what they want in the end. The 1-1-3 strategy improved ICI’s operational effectiveness as they performed the same implementation faster than major rivals like IBM or Accenture. IBM and Accenture, who focus efforts with onshore representatives, cannot easily implement a 24-hour work schedule. Their focus on onshore representatives also forces them to charge higher blended rates, ranging from $175 to $225. IBM and Accenture cannot easily reposition themselves to match ICI’s strategy as they would need to scale down their US presence. Leading offshore consulting companies also cannot easily implement ICI’s strategy of creating a US subsidiary as they currently are managed through their technology businesses. Mimicking ICI’s structure requires significant investment in recruiting which these companies did not have readily available. To use ICI’s 1-1-3 model, ICI made several tradeoffs. One tradeoff is the result of implementing the GDM with 24-hour workdays. Using a 24-hour workday means that meetings can be scheduled at all times of the day often causing employees to be stretched thin. Employees cannot work â€Å"normal† work hours as they are needed across many time zones. ICI also made a tradeoff between using low-cost off shore labor and having clear communication between onsite and offsite workers. This forces consultants to work past normal business hours and plan for time differences. ICI chose to make this tradeoff because this strategy fits well with the rest of their value chain. Activities completed by offshore employees overnight allow onshore employees to start each day one step further in the process and move forward in the design cycle. In this way the two sets of activities, both onshore and offshore, reinforce one another and the company can optimize their efforts. ICI also made a tradeoff when it came to their consulting fees. ICI could charge high rates like IBM and Accenture, thus taking a higher profit margin, but ICI was willing to sacrifice profit in the short term for a higher market share in the long term. Infosys Technology created a channel for ICI to attract customers as Infosys, with an established brand and long list of previous customers, referred their customers to ICI. Infosys‘ strategic needs based positioning was the main reason for creating ICI. In creating ICI, Infosys strove to satisfy a larger fraction of their customers’ technology needs. ICI came from Infosys identifying the opportunity to work for the client earlier, to define issues, create solutions, and implement them. However, tensions emerged between ICI and Infosys Technologies’ Enterprise Solutions business units over which entity would lead client relationships and engagements. ICI is a completely separate entity with its own culture, leadership, and growth; this created a divide between ICI and the parent company. ICI and Infosys constantly work on improving communication and collaboration between one another as it is paramount to the success of the organization. However, while this divide exists it will remain one of ICI’s largest weaknesses. Infosys must continue to invest in their value chain to keep and create a competitive advantage. Infosys currently invests in creating subsidiaries, such as ICI in the US, in other countries to expand their business. An important part of creating these subsidiaries is investing in top tier talent recruitment, ICI management works to recruit MBA graduates and implement a referral-based system to target the top 10 percent of consultants from other firms. ICI interviewed and took on about half of the employees from Infosys’ original consulting division but the overall goal was to create a more diverse work force and hire from within the local country. ICI also worked to expand the number of consultants in countries like China and Australia to extend their global reach. Our action plan to improve ICI’s competitive position starts with investing more money in marketing to improve the brand name of ICI. One of the advantages IBM and Accenture have is their strong brand loyalty, recognition and global client base. ICI also needs to establish themselves as a competitor, retain their clients and make their advantages to their customers known. ICI invests time and energy into satisfying their customers and should advertise these benefits. ICI is unique in their value based pricing, which allows cost to be based on metrics that determine success from the client’s perspective. Sometimes engagements are structured such that ICI gets paid based on the outcome of the project and whether these metrics were achieved. This strategy ensures that the client will get what they want and pay for what they get. Our action plan also includes clearly defining the domain of ICI in relation to Infosys Technologies. One possibility is to merge the Infosys Technologies’ Enterprise Business Solutions unit into ICI, eliminating problems with placing engagements. This problem could also be solved by clearly defining a method to classify a client engagement under ICI or Infosys. Another action item is to unify the leadership between ICI and Infosys to eliminate friction on interfacing. This could be done by developing a communication strategy or by creating a common leadership team. Clarifying domain issues and unifying leadership will help to better establish an overall culture at ICI and make them more successful in the future.

Foods Role in the Evolution of the Human Jaw

Foods Role in the Evolution of the Human Jaw You may have heard the old adage that you should chew your food, especially meat, at least 32 times before you try to swallow it. While that may be overkill for some types of soft food like ice cream or even bread, chewing, or lack thereof, may have actually contributed to the reasons human jaws became smaller and why we now have smaller numbers of teeth in those jaws. What Caused the Decrease in Size of the Human Jaw? Researchers at Harvard University in the Department of Human Evolutionary Biology now believe that the decrease in size of the human jaw was, in part, directed by the fact that human ancestors began to â€Å"process† their foods before they ate them. This does not mean adding artificial colors or flavors or the type of processing of food we think of today, but rather mechanical changes to the food such as cutting meat into smaller pieces or mashing fruits, vegetables, and grains into bite sized, small jaw friendly amounts. Without the large pieces of food that needed to be chewed more times to get them to pieces that could be swallowed safely, the human ancestors’ jaws did not have to be so large. Fewer teeth are needed in modern humans compared to their predecessors. For instance, wisdom teeth are now considered vestigial structures in humans when they were necessary in many of the human ancestors. Since jaw size has considerably gotten smaller throughout the evolution of humans, there is not enough room in some people’s jaws to comfortably fit the extra set of molars. Wisdom teeth were necessary when humans’ jaws were bigger and the food needed more chewing to be fully processed before being able to be swallowed safely. The Evolution of Human Teeth Not only did the human jaw shrink in size, so did the size of our individual teeth. While our molars and even bicuspids or pre-molars are still larger and flatter than our incisors and canine teeth, they are much smaller than the molars of our ancient ancestors. Before, they were the surface upon which grains and vegetables were ground into processed pieces that could be swallowed. Once the early humans figured out how to use various food preparation tools, the processing of the food happened outside of the mouth. Instead of needing large, flat surfaces of teeth, they could use tools to mash these types of foods on tables or other surfaces. Communication and Speech While the size of the jaw and the teeth were important milestones in the evolution of humans, it created more of a change in habits besides just how many times food was chewed before swallowed. Researchers believe the smaller teeth and jaws led to changes in communication and speech patterns, may have something to do with how our body processed changes in heat, and could even have affected the evolution of the human brain in areas that controlled these other traits. The actual experiment performed at Harvard University used 34 people in different experimental groups. One set of groups dined on vegetables early humans would have had access to, while another group got to chew on some goat meat- a type of meat that would have been plentiful and easy for those early humans to hunt and eat. The first round of the experiment involved the participants chewing completely unprocessed and uncooked foods. How much force was used with each bite was measured and the participants spit back out the fully chewed meal to see how well it was processed. The next round â€Å"processed† the foods the participants would chew. This time, the food was mashed or ground up using tools the human ancestors may have been able to find or make for food preparation purposes. Finally, another round of experiments were performed by slicing and cooking the foods. The results showed that the study participants used less energy and were able to eat the processed foods much more easily than those that were left â€Å"as is† and unprocessed. Natural Selection Once these tools and food preparation methods were widespread throughout the population, natural selection found that a larger jaw with more teeth and oversized jaw muscles were unnecessary. Individuals with smaller jaws, fewer teeth, and smaller jaw muscles became more common in the population. With the energy and time saved from chewing, hunting became more prevalent and more meat was incorporated into the diet. This was important for early humans because animal meat has more calories available, so more energy was then able to be used for life functions. This study found the more processed the food, the easier it was for the participants to eat. Could this be why the mega-processed food we find today on our supermarket shelves are often high in caloric value? The ease of eating processed foods is often cited as a reason for the obesity epidemic. Perhaps our ancestors who were trying to survive by using less energy for more calories have contributed to the state of modern human sizes.

Review of the Annual Report & Accounts regarding the financial Essay

Review of the Annual Report & Accounts regarding the financial performance of the QE11 for the year ended 31 March 2013 - Essay Example This improvement can be attributed to improved strategies that helped the centre maximise in potential. The first main reason for the improvement in cash flow was the presence of the Olympic and Paralympic Games in London between July and August 2012 (QEIICC, 2013).During this period, the centre operated as the Olympic House for Italy. This booking acted as a very strong boost for a positive cash flow. Another reason for the improvement of the cash flow was a change in strategy where the centre decreased its dependency on government bookings and concentrated on hosting both local and international professional associations and corporations. During the 2013 financial year, the centre received 326 meetings and events with government bookings accounting for only 18% of these bookings translating to only 5% of the revenue received the whole year (QEIICC, 2013). The final reason for this improvement in cash flow is an extensive and effective marketing campaign instituted. The marketing campaign targeted both the local and international markets and it was maximised through the sale and subsidiary services and opportunities. During the financial year ending 31 March 2013, the QE11 planned to achieve a minimum divided payment to the local government and to the Department of Communities equal to 6% of the total capital employed. This step was taken to ensure that the centre retains cash. Stutely (2007) notes that in some situations Chief Financial Officers may choose to retain cash rather than paying out dividends to shareholders for a variety of reasons. In the case of the QE11 several reasons may precipitate the retention of cash. Atrill and McLaney (2011) argue that retaining surplus cash is important as it provides more flexibility in an uncertain market. The government’s decision to severely cut down the number of government bookings has resulted in creating a volatile situation

Book report Essay Example | Topics and Well Written Essays - 750 words - 4

Book report - Essay Example He attended Canterbury school in New Milford for his 8th grade. In 1931, JFK acquired appendectomy that made him withdraw from school in order to recuperate. In June 1935, JFK graduated from Choate regardless of numerous health challenges (Caro 78). In 1935, he made his first trip in the Diaspora together with family members. The destination was London. The main intent was to study economics at the London school of economics. In September 1936, JFK joined Harvard College where he was an active entertainer. He produced a cast of radio personalities. He was also a sportsman in relation to football, golf and swimming. Later on, he became serious with his studies whereby he completed his thesis, ‘Appeasement in Munich’. The thesis was about Britain’s participation in the famous Munich Agreement. He graduated the same year with a Bachelor of Science honours in international affairs. JFK was the 35th president of USA. He served from January 1961 to 1963 following his assassination. He served as commander in the military commanding motor torpedo boats used during the world war two. He took part in the war at south pacific. JFK also represented Massachusetts 11th congressional district in United States House of Representatives. This was between the periods 1947 to 1953. He did this as a democrat. From the year 1953 to 1953, JFK served in the senate of the United States. This was followed by a win over his rival Richard Nixon in the United States general election of 1960. JFK notable achievement was that he was at that time in history the youngest president at the age of 43. This was after President Theodore Roosevelt. Another notable thing about JFK was that he was the first president to attain office being born in the 2oth century. It is also noted that he is the only president who was a roman catholic. JFK also won a Pulitzer Prize, which was among his great achievements. JFK also had an impact to American history due to the many events that characterized

Hilift Pty Ltd Essay Example for Free

Hilift Pty Ltd Essay Hilift Pty Ltd (Hilift) owns an industrial crane. Hilift employs two crane operators, Elwyn and Osman, who each work 4 hour shifts. In May 2008 the owner/builder of a new apartment block hires Hilift’s crane and operators for two weeks to lift building materials to the upper floors of their building. At the end of the first shift on the 10 May, Elwyn notifies the manager of Hilift that the crane is not performing properly and that it needs looking at. The manager contacts the company who does repairs and maintenance work on the crane, EFL Engineering, and asks for an engineer to be sent out immediately. EFL says that no-one is available for two hours. The manager of Hilift decides to allow Osman to begin his shift before the engineer arrives, since to stop work will delay construction. Osman is halfway through hoisting his first load when a cable in the crane snaps and the crane swings out of control, smashing into a lower floor of the building. Two construction workers in the building are injured. One has both legs crushed and they have to be amputated. The other worker will be hospitalised for a long time with serious injuries but will make a full recovery. The building is damaged by the accident and will cost $75,000 to repair. The construction of the building is delayed by three months because of the accident, and for this period the expected income from tenants is lost. Osman is deeply traumatized by these events and cannot bring himself to drive a crane again. After a period of six months without employment, during which he receives psychiatric treatment, Osman takes lower paid work as a general construction worker. A subsequent inspection of the crane finds that the fault in the cable would have been discovered if an engineer had inspected the crane after El wyn’s shift had ended. To replace this cable would have taken six hours. Advise Hilift as to whether, and to what extent, the company will be liable in tort for the harm that has occurred. Facts: Hilift Pty Ltd owns industrial crane May 2008: hired to lift building materials to upper floor of new apartment block Hilift is aware crane is not performing properly Hilift contacts repairs company Hilift allows Osman to work before crane is looked at  Cable in crane snaps Causes $75 000 of property damage and delays construction by 3 months Osman is traumatized, cannot drive crane again Fault in cable would have been discovered by engineer Advise Hilift as to whether, and to what extent, the company will be liable in tort for the harm that has occurred. Consider: Osman, Construction Worker 1, Construction Worker 2 and the building owner using IRAC. Issue: Is the company liable in tort for the harm that has occurred to Osman, Construction Worker 1, Construction Worker 2 and the building manager and to what extent? Rule Tort of Negligence: The respondent in a civil claim of negligence will only be liable to the applicant/plaintiff by way of damages if the following elements are established on the balance of probabilities: 1. That a duty of care was owed by the respondent to the plaintiff in the relevant situation; Here you would cite cases if relevant – specific tests/standards etc. 2. That the respondent breached that duty of care owed to the plaintiff; and Again, cite case authority and any applicable standards – e.g. â€Å"reasonable person† 3. That the plaintiff has suffered some injury or damage as a result of that breach. Case authority – e.g. the injury must be reasonably foreseeable. Apply – Osman 1. Duty of care? Hilift reasonably ought to have been able to foresee, and clearly did know, that there would be risk that the crane would malfunction or break which would likely cause physical or psychological harm to the crane operator, if he did not wait for the maintenance / repairs company. This is supported by the fact that the other operator, Elwyn, notifies the manager of Hilift after his shift recommending that the crane needs to be looked at. This is also supported by the fact that the manager contacts the maintenance company: if he did not perceive there to be a risk, why did he contact the maintenance company and request a consultation immediately? While a person is not generally liable in tort for psychological harm, this is a special case under the pure mental illness exception, whereby the plaintiff, Osman, witnessed the two construction workers being severely injured Neighbour principle: Established a duty of care between employer and employee in Wilson Clide Coal Co LTG v English (1 938): employers owe employees a duty of care to provide a safe working environment, and Paris v Stepney Borough Council (1951). 2. Breach? Standard of care: the â€Å"reasonable man† definitely would have believed there to be a real and foreseeable risk that the plaintiff might be injured if the crane malfunctioned or broke The â€Å"reasonable man† would have waited the two hours for an engineer from EFL Engineering to check the crane. The â€Å"reasonable man† would have exercised a much greater standard of care, particularly as the crane was lifting building materials to upper floors and the consequences if the crane malfunctioned were very serious. 3. Damage? Osman was â€Å"deeply traumatized† and cannot drive a crane again He received psychiatric treatment and would eventually take lower paid work. Causation: if Hilift had waited for EFL Engineering, the cable would not have snapped and would not have caused Osman’s psychological injury. (â€Å"But for† test) Foreseeability: Hilift ought to have foreseen that if he did not wait for the EFL Engineering consult, that the crane could malfunction and this malfunction would be likely to cause injury or death to others and consequently cause a severe risk of physical or psychological harm to the  crane operator. Conclusion Osman Hilift would be liable in tort for the psychiatric injury to Osman, but is unlikely to be liable in tort for the compensation for Osman’s reduced salary after the accident because established in Kyogie shire Council v Francis (1989) that it is not permissible for the court to award damages to compensate the injured for profits they may have earned if not for the negligent conduct. Apply – Construction worker 1 (Amputee) 1. Duty of care? Hilift reasonably ought to have known that there would be a (not insignificant) risk that the crane would malfunction or break, which would, in turn, be likely to cause severe damage or injury to workmen below. Supported by Hilift’s contact with the maintenance company: if he did not perceive there to be a risk, why did he contact the maintenance company and request a consultation â€Å"immediately†? Neighbour principle: Established a duty of care between employer and employee in Wilson Clide Coal Co Ltd v English (1938): employers owe employees a duty of care to provide a safe working environment, and Paris v Stepney Borough Council (1951). 2. Breach? See â€Å"Breach† in Apply – Osman The likely seriousness of the consequences of Hilift continuing construction without waiting for the engineer were extremely serious as the crane was handing heavy materials at a high altitude, which suggests Hilift ought to have exercised a higher standard of care. 3. Damage? The snapping of the cable caused direct, severe injury to the construction worker, requiring amputation of both legs. Causation: If Hilift had waited for EFL Engineering, the fault in the cable would have been detected and fixed, and the construction worker would not need to be amputated. Foreseeability: Hilift ought to have foreseen that if he did not wait for the EFL Engineering consultant, the crane could malfunction and this would be likely to cause severe injury or death to construction workers working on lower floors. Conclusion – Construction Worker 1 Hilift would be liable in tort to pay compensation for the costs incurred by Construction Worker 1 due to that hospitalisation and forced amputation of both legs, and possibly even â€Å"consequential mental harm† depending on the mental health of Construction Worker 1. Apply – Construction Worker 2 1. Duty of care? see â€Å"Duty of care† in Apply – Construction Worker 1* 2. Breach? Standard of care: the â€Å"reasonable man† definitely would have believed there to be a real and foreseeable risk that the plaintiff might be injured if the crane malfunctioned or broke. The â€Å"reasonable man† would have waited the two hours for an engineer from EFL Engineering to check the crane. The â€Å"reasonable man† would have exercised a much greater standard of care, particularly as the crane was lifting building materials to upper floors and the likely seriousness of the consequences if the crane malfunctioned. 3. Damage? The snapping of the cable hospitalised Construction Worker 2 for an extended period of time and serious injuries. Causation: If Hilift had waited for EFL Engineering, the fault in the cable would have been detected and fixed, and the construction worker would not need to be hospitalised. Foreseeability: Hilift ought to have foreseen that if they did not wait for the EFL Engineering consultation, the crane could malfunction and this would be likely to cause severe injury or death to construction workers working on lower floors. Conclusion – Construction Worker 2 Hilift would be liable in tort for compensation for the costs incurred by Construction Worker 2 for the hospitalisation due to Hilift’s negligent inaction by allowing Osman to continue work on a faulty crane. Apply – Building Manager 1. Duty of care? Hilift ought to have foreseen that if the crane was faulty, it would likely cause damage to the building Duty of care: professional persons (Hilift) owing a duty to client (building owner) established in Hill v Van Erp (1997). Analogous situation: manufacturers (Hilift) owing a duty to eventual consumer (building owner) established in Donohue v Stevenson (1932). 2. Breach? Standard of care: the â€Å"reasonable man† definitely would have believed there to be a real and foreseeable risk that the building would be damaged if the crane malfunctioned while handing heavy building materials. The â€Å"reasonable man† would have waited the two hours for an engineer from the EFL Engineering to check the crane. 3. Damage? The building will cost $75 000 to repair Construction is delayed by three months; expected income from tenants during this period is lost. Causation: If Hilift had waited for EFL Engineering, the fault in the cable would have been detected and fixed, and the building would not need to be repaired, nor will construction be delayed 3 months. Foreseeability: Hilift ought to have foreseen that if he did not wait for the EFL Engineering consultation, the crane could malfunction and this would be likely to cause damage to the building. Conclusion – Building Manager Hilift would be liable in tort for the compensation of $75, 000 for the  building repair, but precedent suggests the company will not be liable for compensation for the expected profits the building owner lost due to the three month delay. This was established in Kyogle Shire Council v Francis (1989).

OUR SENSES: A DANGEROUS GIFT :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  The issue of our mistrust and or trust in our humanly senses remains a building block for philosophies of many notorious philosophers. In the discussions â€Å"The Allegory of the Cave† written by Plato and â€Å"Meditation: The Path to Enlightenment† by Siddhartha Gautama, The Buddha, both analyze the issue of our senses. Both philosophies are reasonably logical and realistic in their approach to the humanly senses and whether or not they should be trusted or mistrusted, however, they seem to contradict each other somewhat.   Ã‚  Ã‚  Ã‚  Ã‚  In both discussions, our senses are essential to reach our so called goals in life: In Plato’s discussion, our goal is to find Truth; and in Buddha’s discussion, to reach enlightenment. Plato’s philosophy holds senses to be of an untrusting or false guide to reality. He argues that if everyone relied on their senses to interpret reality and find the Truth, everyone has different perceptions of their senses and the reality would be different depending upon the individual. Basically Plato suggests that our senses can be a distraction from the Truth, and therefore, should not be trusted. Buddha’s reasoning of the senses is slightly different from those of Plato. Buddha chooses to not focus on the falsity of our humanly senses, but the element of imagination and how that can alter our perceptions. If we see something as it really is, without integrating our imagination, we are given a freedom to come to a true understanding of the world. Th erefore, Buddha suggests that the senses can be trusted, however the imagination is untamed and when mixed with our senses, creates a distorted perception. The main discrepancy between the two philosophers is that Plato believes that senses themselves should be mistrusted, and Buddha believes that only our senses combined with our imaginations are to be mistrusted.