An Urgently Needed Immigration Reform Essay - 1187 Words

Over the years there has been an increased number of immigrants into the U.S. As such, it has resulted to arguments pertaining the number of immigrants moving to the U. S. Arguably, the policy that has been put in place is not effective in realizing the intended function. Therefore, there is a need for a change in the policies that affect the immigration of citizen into the U.S. As such, this paper seeks to present the proffered policies that would help a great deal in modelling of immigration reforms in the U.S with retrospect to various aspects affecting it. Illegal immigrants have been a major problem in the cotemporary U.S. Society. As such, their effects are felt countrywide. Most of the illegal immigrants lack appropriate†¦show more content†¦Arguably, when the immigrants are not capable of invoking the labour and employment rights, there is an experienced decline in the employment laws. As such, it implies that the worker may be subjected to violations that amount from wage and hour violation. Therefore, passing essential border security, Immigration Modernization Act will help a great deal in fixing the problem. Reforms Securing of entry points on the border There can be no effective reforms that can be put in place if the borders are not secured from illegal immigrants. As such, after the United States controls the borders, should the Congress consider temporary worker initiative. Securing the border would entail various aspects that would necessitate for additional frontline border patrol, technological enhancement, the inclusion of fences or barriers in some locations, as well as, the U.S. military support. A plan that would not include the legislation of border control would greatly augment the rates of illegal immigrants. This was painfully realized from the Immigration Reform and Control Act of 1986, where legalization happened without securing of the borders. 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This analysis allows us to obtain and understanding of the kinds of reforms (including legislative changes) that are required to develop entrepreneurship. JEL classification: M13 Keywords: Entrepreneurship, New Firm, Startups 1. INTRODUCTION* Economic development as a conscious mechanism in countries like Pakistan

The Securing Of Data And Information - 1727 Words

Introduction The securing of data and information is more important in today’s post-industrialized economy, for many reasons. For example, businesses continue to decentralize, in addition to, outsourcing products and-or services. In essence, outsourcing of products and-or services by contractual agreements with third-party vendors can substantially reduce cost of operations, therefore, enabling increase(s) in profits and revenue. Therefore, manufactures, companies, and businesses constantly attempt to gain a competitive edge within their respected market by utilizing innovative technologies for business, information technology (IT) and information security (IS) processes. Henceforth, there has been both an emergence and shift from traditional crime to cyber and-or corporate crime. Additionally, there has been a dramatic increase of cooperate internal crime within the business environment a result modern sophisticated technologies; including, highly qualified cybercriminals that constantly dwell on strategies to target businesses internally and externally. For example, corporate (IT) cybercrime most often consists of crime against an organization in which the perpetrator of that crime utilizes a computer and-or host-server to engage in all or part, thereof, of the crime. Businesses have expanded globally due to implementation of ecommerce primarily due to availability innovative technologies such as databases, corporate servers, website servers, computers internal andShow MoreRelatedcgmt 400 week 3 individual securing and protecting information1490 Words   |  6 Pagesï » ¿ Securing and Protecting Information Michael Anthony Horton University of Phoenix August 18, 2014 Instructor: Dr. Stephen Jones Securing and Protecting Information The specific purpose of this paper is to describe the authentication process and to describe how this and other information security considerations will affect the design and development process for new information systems. The authentication process is a necessity forRead MoreReparation And Presentation1005 Words   |  5 Pageschallenges to securing permission, to secure a site that permits the information collection and analysis strategy to diagnose the opportunity for improvement in an educational setting. 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Construction Law Designs Cause Building Disasters

Question: Discuss about the Construction Law for Designs Cause Building Disasters. Answer: An individual or an organization is a designer, who is involved in the business of modifying or preparing for projects construction, or the arrangement of, or instructing other people to do the same. Design details, drawings, bills of quality, specifications and calculations of designs. Designers may be consulting engineers, architects, interior designers and quantity surveyors, or anybody who is involved in altering and specifications of designs as part of their job. They can be specialist contractor, principal contractors, commercial clients or trades-people, if they involve actively in their projects design work. The decision of a designer affects the safety and health of not only those who are involved in the construction of the building as well as those who occupy the building. There are various things that can go wrong when the responsibilities are taken by professionals for designing and creating upon the professional a duty of care towards the other people. If there some damage that has been caused to a project and the party who has suffered a loss, or believes that a loss has been suffered would not be hesitant in bringing an action against the other party. The contracts aid in assisting in places where there are gaps in the law. There is a duty that has been placed under the law of tort whether or not these have been placed under the terms of the contract. Thus, in case there is any damage which is caused to a building due to an earthquake and the same could have been reasonably foreseen and avoided the law of tort would be applicable. Where it can be reasonably foreseen by the defendant that an omission or act by him would cause harm to the plaintiff or defendant, there would exist a duty to care.[1] It was in the case of Donoghue v. Stevenson that the principle of product liability had been established wherein it has been stated that even in cases where no contract or proximity exists between a party there would still exist a duty to care. It establishes the principle that any kind of act or omission which could be reasonably foreseen to cause damage to a neighbor. Neighbors, under law, are those who are directly and closely affected by a certain act.[2] The main reason why there is employment of a professional is because of the skills that are brought by the person in the project. The designer brings in experience and knowledge so that the duties are performed in an expert manner, both for carrying out tasks that had been pre-agreed to and for contributing where opinions and advice are needed. The duty of warning even if not dealt in writing in a contract, can be implied by way of contractual duty or through the law of tort towards the third party. Thus, where there is a reasonable doubt in the designer that there is likely to be a damage that is going to be caused to the building due to the earthquake and the same can be foreseen reasonably, he is to warn the third party regarding the same. Regardless of what the experience is or the concerned individuals knowledge the foundation for the standard of care and skill which is required to be achieved is to be same as for that particular profession. It will be unlikely that an excuse th at a latest technology for protecting the building from an earthquake or avoiding the same altogether was not known would not be an excuse which is valid. Further, if there is any specialist knowledge which is claimed in this field it would increase likely the expectation level with respect to the care and skill which is required to be achieved. Further if it seems that there is some issue with the design that may in future cause harm due to an earthquake then same is required to be informed. In the case of London School Board v Northcraft[3] it was opined by the court that where there was a clerk who had been employed by the quantity surveyors had made errors that were clerical in nature and led to the overpayments of 118 and 15 15s with respect to works which was worth of 12,000. There was a rejection of the claim for negligence as the court had stated that the circumstances were one that was not remarkable. Similarly, in the case of designing as well if there was reasonable care that had been taken for ensuring the safety of the business and the circumstance of the negligence was one which was not remarkable then a claim for negligence would not rise against the designers. However, in contrast in the case of Tyrer v District Auditor of Monmouthshire[4], there was a mathematical error that had been made while issuance of an interim certificate. Though, this kind of error could have happened at any time, it was found that the error was one that was negligent. Keeping in mind the cases age and the technology which was available, for providing assistance with calculation, unless the same is minor relatively in comparison with the entire project, any errors related to numeracy is to cause likely a claim in such circumstances. In the case of Pride Valley Foods Ltd v Hall Partners (Contract Management) Ltd(2001)[5] it was opined that the project managers who had been engaged for the construct and design of a factory for bread making had negligently acted as there was a failure on their part to warn the clients that in order for keeping the costs low the expanded polystyrene panels that had been used in case of a fire hazard would be highly combustible. It was argued by the defendant that at various times they had advised the client regarding the same however on facts it was found that the same was not true. As illustrated in this case it is necessary that a confirmation in writing must be taken for any essential advice which has been provided to the client with respect to the risks that may be there with respect to the design. Thus, even in the case where a building is being designed any particular important information that is given with respect to any damage that may in future be caused due to an earthqu ake it is necessary that the same should be informed to the client and written confirmation regarding the same is to be obtained. In the HOK Sports Ltd. (formerly Lobb Partnership Ltd.) v Aintree Racecourse Co. Ltd.[6] the arbitration decision has been referred where it was opined that there was a duty that was owed to Aintree from HOF for advising that the designs that they had produced was leading to there being a reduction in the standing space of 685 people in the stand thereby making the capacity less than that which was specified. It was on a particular skill that the liability of HOK was based on the particular skill set that it had which was set in the racecourse area stand design and its knowledge that it had prior was a matter of fact that the new area that was to be designed was to increase the capacity to the maximum which was possible. Thus this illustration indicates that where there is declared level of specialism and the providers knowledge then in that case there wo uld be an increase in the duty of the designer. Thus were the designer specifically indicates that there are a specialist in the area of protecting the building from the impact of earthquakes and are earthquake engineers, then in that case the liability would be increased. If there is an intention of passing on the responsibilities it is necessary to ensure that it is a back to back contractual relationship, i.e. there should be a similarity between the delegatee and delegator. The case of City of Brantford v Kemp Wallace-Carruthers Associates Ltd[7] is the case for delegation of responsibility where there were certain concerns that an architects firm had with respect to the nature of soil regarding a project as there were some unusual conditions of the ground due to the place where it was located. It was advised by the architect that there should be advice that should be taken by the employer from a structural engineer, and there was a failure on the part of the engineer to advice with respect to the designs risks. The claim against the architect was not successful as it had been stated openly by them that further advice was required and they were entitled to put reliance upon the engineers recommendation, on the other hand the claim against the eng ineers would be successful. Each case in situations of delegation would turn towards the facts and just because there has been a simple delegation the same would not be sufficient. However there should be an element of I can do that attached to the delegation. Thus, even in the case of any additional requirement which the designer may feel needs to be delegated, he may do so. Post such recommendation reliance may be placed upon such advice and claim may not be made against the designer. In the side of structural engineering in the recent case of Bole Another v Huntsbuild Limited[8] indicated that the legislation of The Defective Premises Act 1972 can come to the residential occupiers rescue and liability may be found against the engineer. There were cracks in the walls were discovered by the purchasers and it was found subsequently that it was due to a heave that it had been caused. Since, it was found that this issue could probably have been avoided had it to be a greater depth that the foundations had been dug, the liability would be as opposed to the contractor upon the engineer. This was because the responsibility of the contractor to have the soil that was excavated to be examined so that the depth of the foundation that was appropriate could be discovered.[9] It is from French Law that the term force majeure stems from, it means superior force. It is not the same as vis major or vis majeure which means the act of god. It broadly is related to the unforeseen, exceptional, circumstance or events which are not within the reasonable control of an party to a contract and by which there performance of the obligations that they have under a contract is either impeded or prevented. It however, cannot be an event which can be overcome or avoided reasonably, or an event which can be attributed to the negligence of another party. The force majeure clauses in a contract attempt in setting out the situations in which the term is to be made applicable and in the manner in which it is to be treated. Earthquakes, is one of the aspects which is dealt with under the contracts. Some contracts shall consider force majeure to be an even that is relevant. However, it is not contract theory but tort theory which dominates the cases relating to design liability. [10] As a general rule though, a proper basis for a claim of tort is not the breach of a contract. There is special relationship which is recognized by the law between the client and the professionals of design. A negligence action will not lie in most situations when it is a privity of contract that the parties are in. However, in the situation wherein there a relationship that is special between the alleged tort feasor and the party who is claiming to be injured and which does not arise in contract, a tort action will be supported by breach of the duty of care (foot note 72). If there is an existence of a legal duty apart from the obligations under contract which exists itself only then will a remedy under tort be available. Though it seems, that the reference of a relationship which does not arise under contract seems to exclude the relationship between the client and design professional created under a contract, this is not the case.[11] Though, there is sometimes reference given by the courts to duties which are imposed separately under the law of tort being one which is inde pendent from the under a contract[12] there however may be a dependency of this legal duty which is separate on the contract in the sense that it may be a contractual relationship that the duty which has given rise to a liability under tort may arise. The legal duty should arise from situation which are extraneous and do not constitute the contracts elements, it can although be connected to and be dependent on the contract itself.[13] The individuals vulnerability and disasters of the organizations would be reduced by way of catastrophe insurance, but the losses scale would not be reduced necessarily. This is mitigation activities role. Earthquake engineering is most important tool for ensuring that the losses from an earthquake are mitigated. The earthquake insurance depending on the conditions of the policy can either be disincentive or incentive. The insurability of the facility that has been constructed would on the other hand against earthquakes be dependent on its engineering design, whether it is commercial building, housing, infrastructure or factories. This interdependency that exists between insurance and earthquake engineering has not been appreciated always and has been exploited rarely.[14] In the other countries specially in New Zealand, there is a suggestion that unless there is an underpinning of these activities by way of a legislation, which is concerned mainly with the demolition or strengthening the high risk buildings that are in existence, the resistance will be strong and not a lot of progress would be possible. Without there being a legislation that is underpinning, there will simply be no teeth to the supporting actions that are there to be able to bring a reduction in the risks that are highest. Following the experience that New Zealand had with masonry buildings that were old and unreinforced in Murchison in 1929 and Napier in 1931 earthquakes, there were statutory powers which were given to the local authorities for declaring such building that have a capacity of less than 50 per cent of being able to resist the forces are to be specified as buildings that have earthquake risks and require the removal or strengthening of the same by the owner according to a time table that the council has set.[15] Though there has been a considerable reduction however a small number of such buildings still remain. The earthquake on 22nd February 2011 in Christchurch of 6.1 magnitudes led to the collapse of the Canterbury Television (CTV) building.[16] Near two thirds of the death that were caused by the earthquake was due to this collapse. A commission that was government ordered spent months on inspection of the damage that the earthquake caused and finally released a report. It was stated in the findings that was released that it was due to the weak concrete and columns that the building was made of and did not even meet the standards of the buildings that were built in 1986 which led to the collapse. This was contested by the designer of the building. However, there were several deficiencies that the report found in the engineering design of the building and that there was no compliance with the standards that were there at that time. It was also concluded by the commission that there were some issues with the construction of the building.[17] The engineers Alan Reay Consultants Ltd. were b lamed by the engineers for developing a design that was noncompliant and inadequate and the officials of the city for not noticing that such an issue was there. Report also further stated that the completion of the structural design was done by an engineer who has no experience for multistory building designing and it was beyond its competence that this CTV building was working. The importance of MBIE Guidance which under section 175 of the Building Act 2004 had been introduced post the earthquake for the Canterbury properties, has been acknowledged by all the engineers.[18] This is only a guideline which if made applicable gives no relief to the person who is under obligation for considering any issue in accordance to the situation of a given case. Technically though this is not a document where there is requirement of compliance, however it is an authoritative and relative guidance document, and which is to be taken in account by the Council in New Zealand for considering applications for building consent. When there is some kind of defect in the building or the performance is not satisfactory then there is redress that the owners seek to achieve from those people who are responsible. There is an increase in demand and expectations of the owners with respect to the performance that they expect from the buildings. It is assumed by most owners that the buildings that they are buying are health to live in, durable and safe. It is also additionally required by the buildings to have the green sticker meaning thereby that the building would be safe at the time of an earthquake. With time the construction and design requirement of a building are becoming even more complex due to the new systems, processes and products which are being introduced in the market for meeting the expectation of the owner. Due to this there is specialization in various aspect of the building, earthquake engineering being one of them.[19] Due to the increase in the expectations of the owner there are statutory warranties which have been created additionally for supporting such expectation. The Building Act 2004, Sections 396 to 399 introduced different statutory warranties which are applicable to any building work on a unit of household and are also applicable to the sale of such unit. Though the increasing expectations of the owner are supported by these statutory warranties however these are good only if someone is there who can make good the breach that has been caused and repair the building in a manner so that the standards are met. The buildings are now becoming extremely complex the number of people who are now involved in the construction and designing of a building have increased. Thus adding to the complexity in determining as to who would be liable. It increases areas that would fall potentially in the people as the responsibility of the designer. A close working of the building practitioners would be required. Other than engineers and architects who are established practitioners there are very few building practitioners who can apply for indemnity insurance and are more likely to be at the receiving end of the claims that are unmeritorious. One essential benefit that personal indemnity insurance has that is allows generally that holder to be able to carry their business and at the same time also defend the claim since the payment of the defence of the claim is made by the insurance. The designer would be held liable for any default in the design that could have been caused due to his negligence and which could have been avoided. In New Zealand the design standards were introduced after the Napier earthquake in the year 1935.[20] Then in the year 1965 there were developments made in the approach towards design significantly when there was identification of three different earth quake prone zone, which reflected the knowledge that was growing with respect to New Zealands seismicity. In 1976 there were more changes that were made followed by the changes in New Zealand with respect to seismicity. In 1976 more importantly there were changes introduced with respect to the requirements to detail and design the structure of the building in a manner so that it protects the vertical elements that are load carrying which is also termed as strong column/weak beam or capacity design approach.[21] Further in the years 1984, 1992 and 2005 there were refinements that were made in the 1976 approach. These reflect generally the knowledge increase in the New Zealands seismicity, properties, material and buildings response to the earthquake tremors. As discussed already there are various buildings which are not meeting the standards which are required now by the newly constructed buildings.[22] Thus buildings which are covered are not just the brick masonry ones, which are covered already in New Zealand by legislation, but include in particular those that had been built prior to the year 1976. Due to their having been an increase in as to what would be considered as a building that would be earthquake prone the Building Act 2004 was recognized. The liability that is based on the law of torts and common law are also applicable to the designers.[23] There are specialized and distinct rules which have been developed by the courts. There has however not been any significant change in the tort based and common law contract liability which is applicable to the building sector over a period of time. Though, there has been an evolution of the rules of common law with the development of the case law, however broadly the rules have not changed for many years. There are a range of statutory provisions that supplement the rules of common-law such as the Consumer Guarantees Act 1993, the Sale of Goods Act 1908 and the Fair Trading Act 1986. Though there are various essential provisions that are contained in this act which are applicable to construction and building work, the liability rules which are applicable most commonly in construction and building cases are those based on contract law and tort and are applied and developed by the judges. Thus, even in the case of New Zealand the responsibility of the designer is more likely to arise under the law of tort and contract law. There is generally a higher standard of care that is applicable by the courts as compared to the standards of care that was in existence at the time when the work of the building was undertaken. This reflects simply the issue that is there in determination of the conducts standard which is after some time that the event has occurred especially in the situation where there is a rapid change in the application, installation, understanding and knowledge in the area. Buildings that were to the best of the knowledge of the designers compliant with the standards of care for a building that is earthquake sake would not be the same if the same is to be understood with the expertise and products that are available today. It is mostly monetary damages that are imposed as a result of the judicial determinations on the parties who are liable. Often, the designers are not in a position to be able to make a payment of such damages. The value and asset of their business mainly is labor and time. A monetary award that is severe most often than not lead to bankruptcy. Further where liability is allocated through proceedings of the court it would be process that is lengthy, stressful and costly for everybody who is involved. It is not quite an efficient method of responsibility allocation for the defects in the buildings design wherein long before the earthquake the building has been constructed and the court should determine liability in such situation. Further even companies that have limited liability cannot make the director to not be personally responsible if he was involved in the design. It was held in the cases of Trevor Ivory Ltd v Anderson[24]; Morton v Douglas Homes Ltd[25]; and Dicks v Hobson Swan Construction Ltd (in liquidation)[26] that a director would not be protected generally by use of a company that has limited liability who has also undertaken the work of the building. Conclusively, it can be stated by comparing the law in UK and that in New Zealand that though legislation is important, however it is not sufficient, for determining the responsibility that a designer has towards a building at the time of an earthquake and to warn the owner of any such damages that may occur in the future. Also the legislation which is required needs to something that is very complex and the entire design community has to be involved in it for a long period of time and develop it accordingly. It is only when there are earthquakes that are damaging does it open the window of opportunity for creation of such legislation. Also termed as earthquake engineers, with new and improved designs in the market such designers are required to have additional knowledge and expertise with respect to engineering and designing to protect the building in the case where there is an earthquake. There is also an increased expectation that the owner of the building has on the designers for their specialization hence there is an increased responsibility on the designers. If there is any negligence on the part of the designer and damage that could be foreseen reasonably is caused to the building causing harm to the owner, then the designer would be held liable for the same. The contract contains responsibility clause as to the extent of responsibility of the designer, however in the case where there is no such responsibility clause which has been mentioned specifically the responsibility of the designer shall lie under law of tort. In New Zealand the Christchurch earthquake was a live example of how the engineering company would be held responsible for the negligence of the engineer that caused damage to the building as well the people even years later the construction of the building actually took place. However it is essential to consider in such cases that in event that such a damage takes place years after the building has been constructed then in that case the jud ge will consider the standard of care that was expected to be taken at the time when it was constructed and not with the standard of care that is expected to followed now as there has been a considerable change and development and there are various new concepts that have been introduced which might not have been in existence when the building had been constructed originally. Thus, it can be stated that a designer may be held responsible for the damage that has been caused to the building even years after the building has been constructed either under the contract law or if the same is not mentioned under the contract then under the law of torts. An comparative analysis of the laws related to responsibility of designers in both New Zealand and the English Law indicate that though the legislations are required however, the same is not sufficient. References Circo, Carl J., "When Specialty Designs Cause Building Disasters: Responsibility For Shared Architectural And Engineering Services" (2005) 84Nebraska Law Review Cooke, Philip,Law Of Tort(Longman, 2007) Hori, M,Introduction To Computational Earthquake Engineering(Imperial College Press, 2011) Lindeburg, Michael R and Majid Baradar,Seismic Design Of Building Structures(Professional Publications, 2001) Principles Of European Tort Law(Springer, 2005) Recommendations And Guidelines For Classifying, Interim Securing And Strengthening Earthquake Risk Buildings(New Zealand National Society for Earthquake Engineering, 1985) Rout V Southern Response Earthquake Services Limited [2013] NZHC 3262 (6 December 2013) (2016) Austlii.edu.au https://www.austlii.edu.au/cgi-bin/sinodisp/nz/cases/NZHC/2013/3262.html?stem=0synonyms=0query=earthquake%20responsibility%20designer Bole Another v Huntsbuild Limited[2009] EWCA Civ 1146 City of Brantford v Kemp Wallace-Carruthers Associates Ltd[1960] 23 DLR (2d) 640 Clark-Fitzpatrick, Inc v Long Island RR,[1987] 516 N.E.2d 190, 193 Dicks v Hobson Swan Construction Ltd (in liquidation) [2006] CIV2004-404-1065) Donoghue v Stevenson[1932] UKHL 100 HOK Sports Ltd (formerly Lobb Partnership Ltd) v Aintree Racecourse Co Ltd[2002] EWHC 3094 (TCC) London School Board v Northcraft[1889] 2 Hudson's BC (4th Edn) 147, (10th Edn) 174, 192,) Morton v Douglas Homes Ltd [1984] 2 NZLR 548 Pride Valley Foods Ltd v Hall Partners (Contract Management) Ltd[2001] 76 Con L.R. 1 Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 Tyrer v District Auditor of Monmouthshire[1973] 230 Estates Gazette 973 Bayer, Kurt (2016) Nzherald.co.nz https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1objectid=11514687 Cantebury Earthquake Royal Commission(2016) Final Report https://www.parliament.nz/resource/0000242170 Ministry of Business, Innovation and Employment,Builder And Designer Rights And Obligations(2016) Building Performance https://www.building.govt.nz/getting-started/your-rights-and-obligations/builder-and-designer-rights-and-obligations/ Ministry of Business, Innovation and Employment,Earthquake-Prone Buildings(2016) Building Performance https://www.building.govt.nz/managing-buildings/earthquake-prone-buildings-policy-framework/ Spence200, Robin,EARTHQUAKE PROTECTION: THE NEED FOR LEGISLATION TO STRENGTHEN HIGH-RISK BUILDINGS(2004) 13th World Conference on Earthquake Engineering https://www.iitk.ac.in/nicee/wcee/article/13_2082.pdf Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517 Walker, George R.,EARTHQUAKE ENGINEERING AND INSURANCE: PAST, PRESENT AND FUTURE(2000) 12 WCEE https://www.iitk.ac.in/nicee/wcee/article/1472.pdf Earthquakes Te Ara Encyclopedia Of New Zealand(2016) Teara.govt.nz https://www.teara.govt.nz/en/earthquakes/page-4 [1] Donoghue v Stevenson [1932] UKHL 100. [2] Donoghue v Stevenson [1932] UKHL 100. [3] London School Board v Northcraft [1889] 2 Hudson's BC (4th Edn) 147, (10th Edn) 174, 192,). [4] Tyrer v District Auditor of Monmouthshire [1973] 230 Estates Gazette 973. [5] Pride Valley Foods Ltd v Hall Partners (Contract Management) Ltd [2001] 76 Con L.R. 1. [6] HOK Sports Ltd (formerly Lobb Partnership Ltd) v Aintree Racecourse Co Ltd [2002] EWHC 3094 (TCC). [7] City of Brantford v Kemp Wallace-Carruthers Associates Ltd [1960] 23 DLR (2d) 640. [8] Bole Another v Huntsbuild Limited [2009] EWCA Civ 1146. [9] M Hori, Introduction To Computational Earthquake Engineering (Imperial College Press, 2011). [10] Carl J. Circo, "When Specialty Designs Cause Building Disasters: Responsibility For Shared Architectural And Engineering Services" (2005) 84 Nebraska Law Review. [11] Philip Cooke, Law Of Tort (Longman, 2007). [12] Clark-Fitzpatrick, Inc v Long Island RR, [1987] 516 N.E.2d 190, 193. [13] Clark-Fitzpatrick, Inc v Long Island RR, [1987] 516 N.E.2d 190, 193. [14] George R. Walker, EARTHQUAKE ENGINEERING AND INSURANCE: PAST, PRESENT AND FUTURE (2000) 12 WCEE https://www.iitk.ac.in/nicee/wcee/article/1472.pdf. [15] Recommendations And Guidelines For Classifying, Interim Securing And Strengthening Earthquake Risk Buildings (New Zealand National Society for Earthquake Engineering, 1985). [16] Kurt Bayer (2016) Nzherald.co.nz https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1objectid=11514687. [17] Cantebury Earthquake Royal Commission (2016) Final Report https://www.parliament.nz/resource/0000242170. [18] Rout V Southern Response Earthquake Services Limited [2013] NZHC 3262 (6 December 2013) (2016) Austlii.edu.au https://www.austlii.edu.au/cgi-bin/sinodisp/nz/cases/NZHC/2013/3262.html?stem=0synonyms=0query=earthquake%20responsibility%20designer. [19] Robin Spence200, EARTHQUAKE PROTECTION: THE NEED FOR LEGISLATION TO STRENGTHEN HIGH-RISK BUILDINGS (2004) 13th World Conference on Earthquake Engineering https://www.iitk.ac.in/nicee/wcee/article/13_2082.pdf. [20] Innovation and Employment Ministry of Business, Builder And Designer Rights And Obligations (2016) Building Performance https://www.building.govt.nz/getting-started/your-rights-and-obligations/builder-and-designer-rights-and-obligations/. [21] Innovation and Employment Ministry of Business, Earthquake-Prone Buildings (2016) Building Performance https://www.building.govt.nz/managing-buildings/earthquake-prone-buildings-policy-framework/. [22] 4. Earthquakes Te Ara Encyclopedia Of New Zealand (2016) Teara.govt.nz https://www.teara.govt.nz/en/earthquakes/page-4. [23] Principles Of European Tort Law (Springer, 2005). [24] Trevor Ivory Ltd v Anderson [1992] 2 NZLR 517. [25] Morton v Douglas Homes Ltd [1984] 2 NZLR 548. [26] Dicks v Hobson Swan Construction Ltd (in liquidation) [2006] CIV2004-404-1065).

Volunteer tourism

Introduction Volunteer tourism is undertaken by the tourists in the local communities where they volunteer to help the by helping eliminating material poverty. It is an alternative form of tourism because the tourists opt to make their travel locally.Advertising We will write a custom essay sample on Volunteer tourism specifically for you for only $16.05 $11/page Learn More Motivations for participants in volunteer tourism The main motivation of this kind of tourism is to volunteer in working for the host community as the tourists learn more about their culture and other things. They satisfy the desire to work but not to be just tourists. They work for no pay in the communities that they travel to and this benefits in providing free labor, though short term to the host country or community. There are other tourists that are motivated by the desire to give (Sin, 2009, 487-491). When they visit these communities they try to alleviate poverty materials by g iving items to the people. The needy people benefits from these items and the tourists are satisfied. They argue that they feel good when they give. There are other tourists that participate in volunteer tourism in order to contribute to the host community in any way possible. This is done through community service activities that these participants undertake. They do volunteer work that help the community and they themselves feel that they have contributed to the community. Others argue that they learn a lot through community service because they get a chance to interact with the people in the community and learn a lot from them. They learn cultural differences between different communities and how they differ from each other. They also learn how the reception is done by different communities and how they differ from each other. According to (Sin, 2009, 487-491), volunteers in this kind of tourism are also motivated by the desire to try themselves out in doing something. There are people who engage in it in order to try whether they can do volunteering. This is mostly for people who are doing it for the first time and who are curious to know whether they are capable of doing it. This motivation has increased volunteer tourism in most countries. People also do it in order to try their ability in doing some activities. They test their capability in doing that particular activity.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Benefits of volunteer experience Volunteer experience causes intrinsic motivation which is a result of mutually beneficial interaction. The intrinsic motivations tries to satisfy intrinsic needs like self actualization and therefore the tourists will feel satisfied when they are in volunteer travels. This is basically for people seeking self actualization (Stebbins Graham, 2004, 28). The host community and the tourists benefits from the volunt eer tourism. The host community gets help from the tourists while the tourists gain satisfaction from the tour. The benefits of volunteer tourism are built by both the host community and the tourists. The level of interaction also determines the level of satisfaction. The tourists have to prove beneficial to the community so that the community can create a good environment for tourists. As stated by McIntosh Zahra (2007, 549-550), volunteer tourism gives somebody a meaningful self experience as one interacts with the local people in the host community. Volunteers get to learn more about the culture of other people and compare with their own culture. One learns to appreciate other people and to help them in times of their needs. One of the volunteers interviewed by McIntosh Zahra argued that he learned to give support to those in needs as he learned that he was better than them (McIntosh Zahra (2007, 549-550). In other words, volunteer tourism enables somebody to interact with peo ple and know them better, their culture and that some need your help. Volunteer tourism also enables the tourists to experience a cheaper travel than what other forms of tourism would cost them. To travel as a tourist is more expensive than when one is doing volunteering. There are usually subsidies offered to volunteer tourism. For instance, the universities subsidize trips for students to other countries where they go as volunteers. The volunteers find it cheaper than the actual tourism. They therefore travel to volunteer because of the cost effectiveness associated with the volunteer tourism. The tourists also gains interpersonal experience as they interact with the people in the host communities. They enjoy moments of sharing about their lives and cultural differences (Guttentag, 2009, 549). They also builds bold and genuine relationships with the host community as they continue interacting with them and this gives them the desire to travel again to that particular communities a nd others to make more friends. Volunteer tourism also enables the tourists to know many local places in the host country.Advertising We will write a custom essay sample on Volunteer tourism specifically for you for only $16.05 $11/page Learn More The tourists travel to the local communities helping them in doing activities and then giving material things. This exposure allows the tourists to know more about the local communities; their activities, locations, believes and values among others. This is different from the formal tourism where the tourists only visit the tourist sites in a country but will not have chances to know other places in that community. Relation to reference material and theories of tourist motivation and behavior One of the basic theories of motivation suggests that tourism is basically done to satisfy the psychological needs of the tourist. These are the intrinsic needs that a person feels from within and seeks their satisfaction (Rogers, 2007, 23). For volunteer tourism, the tourists also have the desire to satisfy the intrinsic needs or the self actualization needs. The volunteer tourism therefore has some aspects of the formal tourism as far as the needs are concerned. The only notable difference is the activities the tourists in the two kinds of tourism are involved in. in volunteer tourism, the tourists engage themselves in volunteer activities and they derive their satisfaction from them. In formal tourism, the tourists obtain their satisfaction from touring the tourist magnificent sites that are present in that country and not through the volunteer activities in the local communities. Conclusion Volunteer tourism is becoming very common in many parts of the country. People prefer it because of the fulfilling experience it gives them. People are motivated by different factors in doing the volunteer travels Reference List Guttentag, D. A. (2009). â€Å"The possible negative impacts of volunteer touris m†.  International Journal of Tourism Research, 11: 537-551 McIntosh, A.J. Zahra, A. 2007. A cultural encounter through volunteer tourism: Towards the ideals of sustainable tourism. Journal of Sustainable Tourism, 15(5): 541-556. Rogers, M. (2007). â€Å"Volunteerism is on the rise†. In Travel Agent, 17 September, 20-24.Advertising Looking for essay on communications media? Let's see if we can help you! Get your first paper with 15% OFF Learn More Sin, H.L. 2009. Volunteer tourism – ‘involve me and I will learn’? Annals of Tourism  Research, 36(3): 480-501. Stebbins, R.A. Graham M.M. 2004. Volunteering as Leisure- Leisure as Volunteering  An International Perspective Wallingford: CABI This essay on Volunteer tourism was written and submitted by user Ultimo to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

About the Earths Geographic and Magnetic South Pole

About the Earths Geographic and Magnetic South Pole The South Pole is the southernmost point on the Earths surface. It is at 90ËšS latitude and it is on the opposite side of the Earth from the North Pole. The South Pole is located in Antarctica and it is at the site of the United States Amundsen-Scott South Pole Station, a research station that was established in 1956. Geography of the South Pole The Geographic South Pole is defined as the southern point on Earths surface that crosses the Earths axis of rotation. This is the South Pole that is located at the site of the Amundsen-Scott South Pole Station. It moves about 33 feet (ten meters) because it is located on a moving ice sheet. The South Pole is on an ice plateau about 800 miles (1,300 km) from McMurdo Sound. The ice at this location is about 9,301 feet (2,835 m) thick. As a result ices movement, the location of the Geographic South Pole, also called the Geodetic South Pole, must be recalculated yearly on January 1. Usually, the coordinates of this location are just expressed in terms of latitude (90ËšS) because it essentially has no longitude as it is located where the meridians of longitude converge. Although, if longitude is given it is said to be 0ËšW. In addition, all points moving away from the South Pole face north and must have a latitude below 90Ëš as they move north toward the Earths equator. These points are still given in degrees south however because they are in the Southern Hemisphere. Because the South Pole has no longitude, it is difficult to tell time there. In addition, time cannot be estimated by using the suns position in the sky either because it rises and sets only once a year at the South Pole (due to its extreme southern location and the Earths axial tilt). Thus, for convenience, time is kept in New Zealand time at the Amundsen-Scott South Pole Station. Magnetic and Geomagnetic South Pole Like the North Pole, the South Pole also has magnetic and geomagnetic poles which differ from the 90ËšS Geographic South Pole. According to the Australian Antarctic Division, the Magnetic South pole is the location on the Earths surface where the direction of the Earths magnetic field is vertically upwards. This forms a magnetic dip that is 90Ëš at the Magnetic South Pole. This location moves about 3 miles (5 km) per year and in 2007 it was located at 64.497ËšS and 137.684ËšE. The Geomagnetic South Pole is defined by the Australian Antarctic Division as the point of intersection between the Earths surface and the axis of a magnetic dipole that approximates the Earths center and the beginning of the Earths magnetic field. The Geomagnetic South Pole is estimated to be located at 79.74ËšS and 108.22ËšE. This location is near the Vostok Station, a Russian research outpost. Exploration of the South Pole Although exploration of Antarctica began in the mid-1800s, attempted exploration of the South Pole did not occur until 1901. In that year, Robert Falcon Scott attempted the first expedition from Antarcticas coastline to the South Pole. His Discovery Expedition lasted from 1901 to 1904 and on December 31, 1902, he reached 82.26ËšS but he did not travel any farther south. Shortly thereafter, Ernest Shackleton, who had been on Scotts Discovery Expedition, launched another attempt to reach the South Pole. This expedition was called the Nimrod Expedition and on January 9, 1909, he came within 112 miles (180 km) from the South Pole before he had to turn back. Finally in 1911 however, Roald Amundsen became the first person to reach the Geographic South Pole on December 14. Upon reaching the pole, Amundsen established a camp named Polhiem and named the plateau that the South Pole is on, King Haakon VII Vidde. 34 days later on January 17, 1912, Scott, who was attempting to race Amundsen, also reached the South Pole, but on his return home Scott and his entire expedition died due to cold and starvation. Following Amundsen and Scotts reaching the South Pole, people did not return there until October 1956. In that year, U.S. Navy Admiral George Dufek landed there and shortly thereafter, the Amundsen-Scott South Pole Station was established from 1956-1957. People did not reach the South Pole by land though until 1958 when Edmund Hillary and Vivian Fuchs launched the Commonwealth Trans-Antarctic Expedition. Since the 1950s, most of the people on or near the South Pole have been researchers and scientific expeditions. Since the Amundsen-Scott South Pole Station was established in 1956, researchers have continually staffed it and recently it has been upgraded and expanded to allow more people to work there throughout the year. To learn more about the South Pole and to view webcams, visit the ESRL Global Monitorings South Pole Observatory website. References Australian Antarctic Division. (21 August 2010). Poles and Directions: Australian Antarctic Division. National Oceanic and Atmospheric Administration. (n.d.). ESRL Global Monitoring Division - South Pole Observatory. Wikipedia.org. (18 October 2010). South Pole - Wikipedia, the Free Encyclopedia.

Ethics in the Energy Industry essays

Ethics in the Energy Industry essays The purpose of this paper is to examine the ethical issues faced by the energy industry before, during, and after the deregulation of the energy market in California. Part one will explain the ethical issues and how they came about. Part two will look at how several of the players in this industry have addressed these issues. In part three, I will critique the appropriateness of how the issues were addressed. In my analysis of these issues, I will focus on the following measurements: whether the industries initial approach to the issue was appropriate, whether the industry followed through appropriately as the issue developed; whether it industry has taken the necessary steps to avoid similar problems in the future. The story of the California energy crisis is the story of a deregulation nightmare made worse by the unethical actions of several very powerful companies. This story is fraught with perils such as planning lapses, serious policy blunders, and warnings that came too late. The overall effects of the energy crisis in California have been devastating. Johnson (2001) reported that the experiment in deregulation has come at a staggering cost: $40 billion. That number includes the $23 billion already paid by customers when rates were frozen at artificially high levels, and the $7.5 billion in bonds financing consumers' own rate reduction. (p. 1A) The central issue is whether the major players in the California energy market acted ethically before, during, and after the deregulation of that market. Shaw and Barry (2004) define business ethics as the study of what constitutes right and wrong, or good and bad, human conduct in a business context (Shaw The road ...

Why and in what ways did the Oxford Movement make an impact on Essay

Why and in what ways did the Oxford Movement make an impact on religious life in England - Essay Example Their influences were felt in the spiritual and doctrinal levels.1 The Oxford movement brought to the forefront some of the problems within the Church of England. One of the major forces that caused the movement occurred in the year 1832 where there was the passage of the Reform Act. This Act required that ten Irish bishops be eliminated from the Church. One of the major participants of the movement was John Keble. He voiced his objections against that reform and even described it as a form of apostasy by the nation. He voiced these complaints in a Sermon at Oxford during the year 1833. The leaders of the Oxford movement felt that adherents to the Anglican faith were not as devoted as they should be to the church and the clergy. Standards of worship had declined and something needed to be done in order to change this. They also felt that tradition no longer formed a central part of worship and there was a need to return to that. The movement protested against involvement of the government in matters of the Church. This was highlighted in the famous sermon of 1833. Newman asserted that the church was a holy institution and as such should be left to run its own affairs without interruptions from external bodies. He also spoke against the way the government had ruined the apostolic succession principle which required that bishops should be succeeded in a religious and not a political manner.2 Leaders of the movement were also instrumental in making the people of England realise that there were certain linkages between the Church of England and the Roman Catholic Church. These beliefs caused the formulation of the Branch Theory in which The Orthodox, Anglicans and Roman Catholics were termed as branches of the real Catholic Church. These movement’s leaders compared some elements of the Church of England and the Roman Catholic Church to prove the latter fact. They asserted that the 39 articles of their church and the Council of Trent were one