Problem Question on Negligence and Duty of Care

Problem Question on Negligence and Duty of Care This question is on negligence and it involves the following: duty of care; delictual liability in contractual relationship; duty owed by sellers and designers of a house to purchaser and defective design where there is no danger to health and safety. Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, such that the wrong doer might reasonably expect that carelessness may cause damage to the wronged party. Tort law is part of civil law and deals with disputes between private parties unlike property law or contract law which form part of the criminal law. Tort law is to provide restitution from someone who owes a duty of care to another person and can be legally held liable for that injury. Negligence is the most important tort in modern law and it is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others.[1] Negligence concerns breach of a legal duty, with the result that damage is caused to the claimant. Generally negligence protects against three different types of harm: personal injury; damage to property; and economic loss.[2] Tort law also known as the civil law of obligations establishes the circumstances in which a person whose interests have been harmed by another can be compensated through the civil courts.[3] A tort is simply a wrong and tort law is the law of wrong doing or perhaps of wrongs.[4] Sir Percy Winfield, saw negligence as a unifying thread for tort law, and he defined tort law as, ‘’the breach of an obligation imposed by the law’’.[5] This definition aligns both tort and crime. Sir John Salmond defines tort as a, ‘’body of rules establishing specific injuries, uncoordinated by general principles’’.[6] A more recent definition offered by Peter Birks, suggests that a tort is, ‘’the breach of a legal duty which affects the interests of an individual to a degree which the law regards as sufficient to allow that individual to complain on his or her own account rather than as a representative of society as a whole’â€℠¢.[7] Tort law is a collection of causes of action each made up of three main components namely, an interest protected by law, some conduct which the law sanctions and a remedy or sanction by which the interest is protected by the law.[8] In the famous case of Donoghue v Stevenson, Lord Atkin made a ruling which became the corner stone of modern tort law: ‘’the liability for negligence, whether you style it such or treat it as in other systems as a species of ‘culpa’, is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way, rules of law arise which limit the range of complainants and the extent of their remedy. The rule is that you are to love your neighbour becomes in law: you must not injure your neighbour, and the lawyer’s question: who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions in question’’. [9] Lord Atkin’s neighbour’s test still remains the basis on which civil liability for negligence is measured. This test has undergone some changes but when broken down is found to consist of three elements: duty, breach and damage.[10] The question of liability for negligently constructed buildings has always caused problems. At one time the law was that the tort of negligence did not apply to a builder of defective premises, however, it is clear from case law, that the tort of negligence applies to a builder of defective building, at least where a defect causes physical injury. See Murphy v Brentwood District Council (1991) 1 AC 398. The expression builder is used in the sense of all persons involved in the construction and sale of buildings. This includes developers, builders, sub contractors, architects, surveyors, civil engineers and local authorities.[11] Parliament created a limited form of protection from builders with the Defective Premises Act 1972. Section 1 (1) of the Act relates only to dwelling houses and does not apply to commercial or industrial properties. The Section imposes on builders, sub-contractors, architects and other professional persons a three part duty that the work will be done in a workmanlike manner, proper materials will be used, and the house will be fit for human habitation.[12] Most importantly, the doctrine of privity of contract does not apply and liability is strict in that fault does not have to be proved against the builder and the duty can not be excluded.[13] The main problem with Section 1 (1) of the Act is whether it includes it includes quality defects or is limited to ensuring that the dwelling is fit for human habitation. See Andrews v Schooling (1991) 3 All ER 723 and Bayoumi v Protim Services Limited (1996) EGCS 187. In the 1970’s courts embarked on a massive extension of the builders liability in negligence. The courts created a duty of care imposed on builders and owed to foreseeable victims of their negligence.[14] As the loss to an owner occupier was economic loss, the courts sidestepped the problems this presented by framing the duty in terms of not constructing a building which was a danger to the health and safety of the occupier.[15] However from 1983, the courts started to back slide on the development they had created. The reason for this new development was that the courts frowned at allowing claims for economic loss in negligence action. The courts might also have been influenced by the rising premiums which had to be paid by anyone involved in the construction of buildings. This rise was as a result of successful actions brought under the negligence principle.[16] In the Scottish case of McLeod v Scottish Special Housing Association (1990) SLT 749, the proprietor of a house brought an action for damages against the former owner in respect of deterioration occurring to the steel clad exterior of the house several years after he had purchased the house. The claimant alleged that the deterioration was brought about as a result of design defect on improvement works carried out on the house on behalf of the former owners, before they sold the house. The case of the claimant was based on negligence in respect of the alleged defective design of the improvement works. The claimant further alleged that in the circumstances, it was proper to regard the steel skin and the insulation as separate properties. The defendants argued that the claimants claim was only for economic loss as they did not contend that these conducts had given rise to any health or safety issues to the occupant of the house or any danger to the property other than the house itself. The defendant also argued that there was no contractual term requiring that the property should meet a certain minimum standard of fitness. The Court held inter alia that the builder was liable not only for personal injuries caused by his negligence in the process of building but also for damages actually caused by such negligence to property other than negligently manufactured building, such liability not restricted to circumstances giving rise to a danger to health and safety. The Court further held that there might be circumstances in which for the purpose of the application of the relevant principle of liability, one part of a complex structure might qualify to be treated as other property in relation to another element. However, the Court found in favour of the defendant because the claimant averments of fault and loss were lacking in specification. In D and F Estates Limited v Church Commissioners for England (1988) 2 ALL ER 992, a company of builders under took construction work on a block of flats and then sub contracted the plastering work. Unfortunately, the sub contractor handled the plastering work negligently. Fifteen years later, the plaster became loose and needed replacement. The plaintiffs who were occupying a flat in the block of flats then sued the builders seeking the cost of remedial work that has already been done and the cost of future remedial work. The House of Lords held inter alia that in the absence of a contractual relationship between the parties, the cost of repairing a defect in the structure, which was discovered before the defect had caused personal injury or physical damage to other property, was not recoverable in negligence action. The cost of doing the repairs was economic loss which was not recoverable in a negligence action. The Court further held that if the plaintiff had suffered only economi c damage then such a claim lay only in contract. Damage is only recoverable in tort where a defective product causes damage or injury other than to the defective product. This decision was greeted with much controversy and it led to the introduction of the idea of complex structure. If a building is regarded as a complex structure then, damage to one part of the structure caused by a hidden defect in another part, could be treated as damage to the other property.[17] See Murphy v Brentwood District Council (1990) 2 All ER 908 and Nitrigin Eireann Teoranta v Inco Alloys Ltd (1992) 1 ALL ER 854. In Baxall Securities Limited v Sheard Walshaw Partnership (2002) EWCA Civ 09, the court held that defective gutter was a patent defect and that if the defendant had carried out any reasonable inspection; they would have been able to reveal the problem. This non inspection by Baxall negated the duty of care or at least broke the chain of causation and the architect was found not to be liable. There are all interesting and land mark cases. In McLeod’s case the court established that the builder of a house had a duty of care and therefore was liable for any damage caused by his negligence other than negligently manufactured building. The Court also established that once liability for negligence existed, the liability was not excluded because the person or whose property has been injured purchased the defective article under a contract. In the law of tort, damages are only awarded where a defective product caused damage or injury other than to the defective product itself. This was the basis of the Court’s decision in D and F Estates Limited v Church Commissioners for England. In that case, the plaster was falling off the wall and the plaintiff had only encountered economic loss. However in McLeod v Scottish Special Housing Association, the claimant was claiming that their building was a complex building and that the insulation was not part of the building and that it should be distinguished from other parts of the building. This case is different from other cases in which a structure or part of a structure has been found to be defective without any damage actually occurring to any structure or part of a structure other than the defective part it self. Finally, in my view, I do not see how, the outer skin of a building can be distinguished from other parts of the building such as an insulation system. The claimants made the claim against the defendant as designers of the insulation system, which had been inserted in a pre existing building. The claimants alleged that the insulation had damaged other structures and that it was inappropriate in the circumstances to treat the house as one unit. The insulation was installed before the claimants bought the house and they purchased the house under a contract as one unit. It will be unreal and artificial to subdivide a house in such a way that the outer skin of the building is distinguished from other parts of the building. Usually people enter in to a contract to buy or sell a house as a unit; the fact that he insulation unit or any other unit was put in place later is irrelevant, once it is in place before the contract of sale. More over houses are built piece meal by piece meal over a period of time. Bibliography Cane, P (1996) Tort Law and Economic interests, Second Edition, Oxford University Press, Oxford Cane, P (1997) The Anatomy of Tort law, Hart Publishing, Oxford Cooke, J (2007) Law of Tort, Eighth Edition, Pearson, Harlow Dugdale, A.M, Jones, M.A (2007) Clerk and Lindsell on Torts, Second Supplement to the Nineteenth Edition, Sweet and Maxwell, London Elliott, C and Quinn (2007) Tort Law, Sixth Edition, Pearson, Harlow Furmston, M (1986) The Law of Tort, Duckworth, London Harlow, C (2005) Understanding Tort Law, Third Edition, Sweet and Maxwell, London Hepple, Howarth and Matthews (2000) Tort: Cases and Materials, Butterworths, London Howarth, D (1995) Text Book on Tort, Butterworths, London Jones, M (2005) Text Book on Tort, Eighth Edition, Oxford University Pres, Oxford Kidner, R (2006) Case Book on Torts, Oxford University Press, Oxford Murphy, J (2007) Street on Torts, 12th Edition, Oxford University Press, Oxford 1 Footnotes [1] Quinn and Elliott 2007) p.16 [2] Quinn and Elliott 2007) p.16 [3] Harlow (2005) p.1 [4] Harlow (2005) p.1 [5] Harlow (2005) p.1-2 [6] Salmond and Heuston (1992) p.14 citied in Harlow (2005) p.6 [7] Birks (1995) citied in Murphy (2007) p.1 [8] Cane (1997) p.1 [9] (1932) All ER Rep1 [10] Harlow (2005) p.48 [11] Cooke (2007) p.241 [12] See section 1 (1) Defective Premises Act 1972 [13] Cooke (2007) p.242 [14] Cooke (2007) p.243 [15] Cooke (2007) p.243 [16] Cooke (2007) p.243 [17] Cooke (2007) p.244

Competitive of college Submissions Essay

As a teenager in high school, the intended goal for every student is to go to college, everyone including parents, students, and other family members encourage this goal. To get into high school, there were qualifications for chosen certain high school depending on district, but not as competitive as the admissions to college. According to Sally P. Springer, college’s admissions are so competitive due to the fact of how many students apply to college each year. With that said, since there is an increase in student graduating from high school, colleges increase in cost of admission, higher GPA/test scores, and the amount of education given. The price of colleges has increased every year. Students are encouraged every day how important it is to go to college because it’s an institution of higher learning that will open doors for different careers. Unfortunately, majority of the students cannot afford the price of education when it continues to increase by the year and even with scholarships it’s too much money. Some student’s parents get paid too much money and the students do not receive financial aid, so they are left to pay out of pocket. The cost of a two year college vs. a four year is a lot less expensive and many students choose that route because the cost and because the admission is not that competitive. Furthermore, the admission requirements for students who want to go to out of state is even more competitive because of the area. According to the Sally P. Springer in the article Competitive Colleges, in the late 1980’s and early 1990’s the number of students graduating from high school has increased, and because of this most colleges compete in admission by choosing students of diverse and higher GPA standards and test scores. However this makes it harder for students have the GPA but have poor testing skills or vice versa which is a very important key for student’s admissions process. For instance, Harvard is a very prestigious University and the admissions has decreased in the year of 2012 7.1 percent admission. To qualify for Harvard you have to have the GPA of a 3.8-4.3 or have a test score of 1500. Then students are forced to go to colleges not of their choice because of hard criteria of admissions. Majority of two year colleges  require a 2.5 GPA compared to some four year the minimum requirement is a 3.0+ GPA. Moreover, some may argue that the reason why college admissions are so competitive is because colleges strive and are eager for students with higher learning. Every University and College offer different sports, majors, and organization and schools compete to be the best by having the best students. Also if a student wants to go to school in a nice area or a better setting the admissions are going to be higher. University in particular give students a better chance of reaching their career. Colleges such as University of Chicago have better programs for nursing compared to Chicago State therefore students must meet the criteria to attend the programs and that’s at any school. If Colleges was not as competitive then it will be easy for anybody and student will not work hard. Unfortunately, the best students can come from a Junior college and still receive a good paying job and the career of their choice. Wherever a student goes he/she will do what they have to do to succeed. All colleges strive for the best for students but due to the competitive admission requirements students are not allowed to peruse what they want. College is college but just because a student doesn’t meet a particular area for admission is it right to say that student would not succeed within that University or College? If colleges could be less competitive then everyone will have an equal amount or chance to get the same education as of that student went to Harvard. Works Cited Springer, Sally P, Reider, John, and Franck, Marion . Why are College’s Admission Competitive? Son Inc. Wiley. Copyright 2009. Harvard University. Admissions and Financial Aid. The President and Fellows of Harvard College. Copyright 2013. https://college.harvard.edu/admissions/application-requirements University of Chicago. Admissions and Financial Aid. 2013 < http://www.uchicago.edu/admissions/>

Why Absolutely Everybody Is Talking About Easy Topics for Argumentative Essay and What You Must Do

Why Absolutely Everybody Is Talking About Easy Topics for Argumentative Essay and What You Must Do Things You Won't Like About Easy Topics for Argumentative Essay and Things You Will You should be quite diligent in your approach so you can find with a superior work. You ought to be exact through focusing on an exceptional side of a typical difficulty. With planning, you're going to be in a position to start with whatever portion of the essay is easiest for you, without having to struggle over the debut, for instance, if you know this part is very tricky for you. On the flip side, if you've got to compose a persuasive essay, all the matters mentioned previously don't play such significant function. Argumentative essay is about arguing and debating on a subject, which is debatable. You should also produce a brief summary of the chief reasons behind your argument for the argumentative essay topic. Researching the topic permits you to find out more about what fascinates you, an d should you pick something you truly like, writing the essay will be more enjoyable. Take a look at how to think of an essay topic! Make sure the topic won't be too large. Provided that you're genuinely interested in the subject and have some superior comprehension of the matter, you can choose the topic for the argumentative essay. Therefore, the topic ought to be debatable! You will probably locate a different and amazing topic you will love to write about. Among the substantial mistake students make is failing to figure out the range of their study. There aren't many points that you've got to remain in mind as a means to master every college essay. Students lead busy lives and frequently forget about an approaching deadline. Another reason is to observe how well students argue on unique views and demonstrate understanding of the studied subject. A fantastic argumentative essay is an essay in which a student is in a position to present their views in an effective and convincing fashion, taking the aid of argument for a vehicle for delivering the last conclusion. Thus, every time you believe you are in possession of a viable and researchable topic, go ahead, and studying to see whether it has solid arguments that it is possible to utilize. The topic is just one of the most crucial deciding factors which will have an influence on the results of the grade of the essay. When you are requested to pick a great topic for your argument, start with something you're acquainted with. The Honest to Goodness Truth on Easy Topics for Argumentative Essay When you will need any assistance about the sports argumentative essay topics, there is just 1 stop shop that will provide everything that you require. The social issues associated with sports ought to be the obligation of the sports management and not players. You have to remember that sports argumentative essay topics should be critiqued. There are educational solutions that provide persuasive college essay help to students so they may be able to finish their assignments punctually. The cost of an essay rides on the total amount of effort the writer has to exert. There are some who are great in writing essays about realities and not about abstracts while some are somewhat more proficient in thinking up works of fiction. If you select an idea but find you can't compose a paper all on your own, you can merely buy argumentative essay on the website. Argue the effect of newspaper in politics. Easy Topics for Argumentative Essay Secrets Inspiration to make your own advertising or media argumentative essay topics isn't challenging to discover. Young writers may try simple on-line citation generators which are typically at no charge. The dearth of very good support sources are going to result in a decrease grade. Advertising and the media are now nearly inseparable from society for a whole. Citations and extracts from assorted sources have to be formatted properly. When you have decided on the topic through our guide, we'll also supply you with article writing samples and templates which will also direct you through the writing. Thus, it's important to read corresponding formatting guide. It is preferable to use templates since they include all necessary formatting elements.

Forest Ecosystem and Biodiversity Definitions

A forest ecosystem is the basic ecologic unit in a particular forest that exists as home for a community of both native and introduced classified organisms.  A  forest ecosystem is  named for the primary tree species that form the canopy. It is defined  by all the collective living inhabitants of that forest ecosystem that co-exist together in symbiosis to create a unique ecology.   In other words, a forest ecosystem is typically associated with land masses covered in trees and those trees are often  classified by foresters into  forest cover types. Examples of just a few  broad names in North America are The northern hardwood ecosystem, the ponderosa pine ecosystem, the bottomland hardwood  forest ecosystem, the jack pine forest ecosystem and so on. The forest ecosystem is just one of a number of unique ecosystems including prairies, deserts, polar regions, and great oceans, smaller lakes, and rivers. Forest Ecology and Biodiversity The word ecology comes from the Greek oikos, meaning household or place to live. These ecosystems or communities are usually self-sustaining. The word usually is used because some of these communities can become unbalanced very quickly when detrimental factors occur. Some ecosystems, like tundra, coral reefs, wetlands, and grasslands are very fragile and very small changes can affect their health. Larger ecosystems with wide diversity are much more stable and somewhat resistant to harmful changes. A forest ecosystem community is directly related to species diversity. Generally, you can assume that the more complex the structure, the greater is its species diversity. You should remember that a forest community is much more than just the sum of its trees. A forest is a system that supports interacting units including trees, soil, insects, animals, and man. How a Forest Ecosystem Matures Forest ecosystems tend to always be moving toward maturity or into what foresters call a climax forest. This maturing, also called forest succession, of the ecosystem increases diversity up to the point of old age where the system slowly collapses. One forestry example of this is the growth of trees and the entire system moving  toward an old growth forest. When an ecosystem is exploited and exploitation is maintained or when components of the forest begin to naturally die, then that maturing forest ecosystem goes into declining tree health. Management of forests for sustainability is desirable when forest diversity is threatened by overuse, resource exploitation, old age, and poor management. Forest ecosystems can be disrupted and harmed when not properly sustained. A sustained forest that is certified by a qualified certification program gives some assurance that the forest is managed to allow maximum diversity while satisfying the managers environmental and economic demands. Scientists and foresters have dedicated their entire careers trying to understand even a small part of forest ecosystems. Complex forest ecosystems are extremely diverse, ranging from dry desert shrub land to large temperate rain forests. These natural resource professionals have categorized forest ecosystems in North America by placing them into forest biomes. Forest biomes are broad categories of natural tree/plant communities.

The Economic Vs. Environmental Growth Debate - 1408 Words

The economic vs. environmental growth debate has been a topic discussed in America for quite some time. The perfect example of this is the decision is whether America should to drill onshore for oil rather than importing their oil. Many believe that there is a relationship between the two. As the economy grows, the environment takes a knock. Some argue the need to stop economic growth and focus more on the harm that is being inflicted on the environment. As we drill onshore for oil, we are able to create more jobs for our country but at the same time it affects our environment in a negative manner. As the largest consumer of oil, continuing to import can become costly and we may become too dependent on other countries (Telegram, 2014). The question remains, can our nation improve without economic growth? Can we continue to grow our nation with continued dependency on other countries? Do the benefits of drilling onshore for oil outweigh the negative environmental affects? There have been many arguments showing the pros and cons of the tactics it takes to obtain economic growth. There are many pros when it comes to economic growth. Economic growth has the capability to improve the standard of living. Economic growth is caused by an increase of goods and services being produced and sold. Another benefit of economic growth is a decrease in the employment rate. As companies invest more, it will lead to more jobs being available which will dramatically help the unemploymentShow MoreRelatedAnalysis Of The Article For The Life Worth Having 1550 Words   |  7 Pagesconference titled â€Å"For the life worth having†, held last November in Whanganui highlighted the link between economic and environmental health in the small regions and centres of New Zealand. 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Allergies Immune System and Genetically Modified Organism Free Essays

Adrian V. Perse Human Biology Dr. Lawrence C. We will write a custom essay sample on Allergies: Immune System and Genetically Modified Organism or any similar topic only for you Order Now Cwik * 19 November 2012 Allergies * We live in a world were technology is growing every day. We have new medical technology and are able to save more lives. With benefits come risks we have all this technology and we cant seem to stop genetically engineered foods from causing allergies. Ever wonder why people have allergic reactions to specific things? A lot of people don’t think about the foods they consume could cause them to have an allergic reaction. In this essay I will be talking about how genetically engineered foods can cause allergies or other adverse health effects. * Allergies are very common in the United States. Allergies affect over fifty million Americans and is the fifth leading disease in America. Different people also have different kinds of allergic reactions they could be more severe while some are mild. There are also different reaction times to allergies some take longer to develop while some only take a few seconds. If you have an allergic reaction that means you have something inside your body that could be harmful to you, this cause your immune system to have an over reaction to that hurtful/harmless substances. When this happens your body produces white blood cells to produce antibodies to eliminate the source of that threat. But what dose that have to do with GMOs? GMOs enter our body system directly through the foods that we eat. GMOs have a bigger effect on children then they do on adults because they are younger and their immune system isn’t as strong/resistant as an adults so they are more venerable. So what are GMOs you ask? GMOs stands for Genetically Modified Organism, which means a single celled organism that have been modified and put into foods to prevent pesticides. These are some of the GMOs that resulted from agricultural. One kind of GMO that has been approved out there is called Herbicide Tolerance, which is found in soybeans it builds tolerance to glyphosate allowing crops that would normally have been destroyed to live. GMOs have a big impact not just on us but the environment to. Over eighty percent of GMOs grown are used to herbicide tolerance. GMOs pigs also affect animals; cows and chickens are some of the main few. GMOs remain in our system long after we stop eating GMOs. GM crops also produce toxins through milk or animals that were feed GMOs. Kids are also at risk by drinking a lot of milk. GMO’s can affects kids even before birth. Yea GMOs even affect pregnant mothers it harms the fetal development and future genes passed on. That’s a brief description of what GMOs are and what they do. * Now lets talk about plant breeding and how it affects us. Let me tell you what plant breeding is first. Scientists have a method to removing and adding new DNA to organisms. They remove a part of DNA from an organisms then they find the specific gene they want and remove that from the DNA. After that they bind they bind the DNA and inserter it into a new organism. Scientists have been altering the genetics of plants trying to increase their value, they genetic alter crops by using unnatural breeding and use ultraviolet or gamma rays on these crops that we later consume. Genetically cross breeding decreases nutrition value then it normally would have been. Another disadvantages to plant breeding is antibiotic resistance. Plants are being inserted with antibiotics genes. When the plants receive the antibiotic and survives the antibiotic still remains inside the plant. When animals or humans consume this we could become immune to that antibiotic that we could of used later on being immune to a lot of antibiotic could prove harmful later in our generation. Increased toxicity is another disadvantage of plant breeding. Normally plants produce toxins but they are so mild that they do not have an affect on our health. By cross breeding plants this increases the toxicity level of plants and could prove to be harmful to our health that normally would have had been; before cross breeding. Those are some of the different affects of plant breeding. * After all you heard about your probably wondering why we still use GMOs. One thing scientists have been testing is to manipulate tree genes into absorbing CO2 to help reduce global warming. GMOs are needed to feed the growing population of the earth. We need more food cause were growing so fast we need to keep how much we produce higher then how much we consume. But who really needs the GMOs? Animals consume more GMOs then human do. More corn, soybeans, and other crops are feed to animals then humans. GMs are resistant to bacterial and viruses. GMs grow much faster then normal crops. GMs are resistant to harsh weather conditions such as colds making them able to grow in different environments. They can also add vitamins to the modified food, which could prove a good thing for third world countries that suffer from malnutrition. Another benefit to GMOs is that they last longer. They have a longer life expanse then they would of normally had. Now that you heard some of the advantages of GMOs let me tell you some of the disadvantages. Allergies are a big impact. In the past few years allergies has increased. This is cause by GMOs and cross breeding plants. Cross breeding plants mixes up the different genes in organisms combining different proteins that should have not been combined with that organism normally. These new proteins are produced fr om genetic engineering and our immune system hasn’t experienced this from of protein. This alerts the immune system to have an allergic reaction, which causes inflammation. This of course has a much more severe impact on children then it dose on adults and also has some long-term effects if you consume a lot of GMOs. GMOs don’t just affect humans they also hurt the environment. This could even affect babies before they are even born. We all know pregnant moms shouldn’t be eating specific kinds of foods. If a protein from something she’s allergic to be mixed with another species and she consumes it could be harmful to herself but the baby as well. Changing different spices of plant could hurt the natural cycle of life. If they don’t think GMOs are such a bad thing why don’t they label it? The FDA refuses to put labels on food stating weather they have been genetically mortified or not. Americans have the right to know weather they are consuming genetically mortified food or not. People shouldn’t be eating foods that could prove harmful to them their children. Other countries around the world have labels on their food stating if they are GM or not. When they are cross-breading plants/fruit they could be transferring different viruses from one organism to another with out even realizing it. GMOs also decrease the genetic diversity. Another big problem with GMOs are toxic fiction of neighboring crops. Nature is a very complex being and everything is linked together so altering the balance messes up nature’s cycle of life. There are a lot of advantages to using GMOs I’m not saying there aren’t. But that doesn’t change the fact that allergic reactions have increased substantially since the use of GMOs. A lot of countries already realized this and labeled their foods stating wither or not they contain GMOs. I think the United States should start labeling their foods. This isn’t going to stop the use of GMOs but it will reduce the allergic reaction rate in America. It’s a little scary to know that over seventy percent of the world’s population has been genetically modified. And how we don’t know what we’re consuming that we just consume. We don’t think about our health till the day we actually get sick and by then it’s to late. Around eighty six percent of the words GMOs are grown right here in the U. S. those are some of the ways I think genetically engineered foods can cause allergies or other adverse health effects. * How to cite Allergies: Immune System and Genetically Modified Organism, Papers

Involving the Service User in Shaping Services Continues free essay sample

Involving the Service User in Shaping Services Continues to Be an Important Activity Within Government Policy. Drawing from the KICK Materials Critically Discuss the Issues, Challenges and Benefits in Involving the By Marseilles In the current economic climate, managers are expected to provide a quality service at the same time as making financial savings. Critically evaluate the role of the manager in the light of the current economic climate. Introduction This assignment has its starting point on defining quality in health and social care ND how it can be delivered in a care setting. Subsequently, the role that the manager has in promoting, supporting and delivering the provision of good quality service to service users will be discussed. Moreover, as this process is not exempt from obstacles, especially in the current economic climate; it is therefore important to explore the elements that managers need to consider when assuring quality and saving costs. Finally, it will also be discussed how the service provided is evaluated so managers can ensure that a good service is provided to service users. What is quality? Every person has given or received care through life. However, whether the experience has been satisfactory or unsatisfactory depends on the quality of the service delivered and the quality of life experienced. Under those circumstances, it is possible to determine that quality in health and social services has an enormous importance as it is related to peoples lives. (Walker, Murray and Atkinson, 2003, p. 159). Different authors have described the concept of quality from different points of views. According to Patterson (1997) and Donated (1980), even though quality mains as an important part of the health and social care agenda, it is still an elusive concept and a mystery to be unraveled. Colluded and Mullioned (2001) sustain that quality in practice refers to the provision of services that are fit for their purpose, but doing so at a reasonable cost and ensuring that people who use the services make choices based on information (Walker, Murray and Atkinson, 2003, p. 159). In A quality Strategy for Social Care of the Department of Health (Bibb) the concept to quality is described as a process to changing and modernizing services in order to make them accessible and consistent. These services are delivered by competent workforce to meet the needs of those who use them (Walker, Murray and Atkinson, 2003, p. 159). It could be argue that to define quality as a concept that can be applied universally is a challenging task. Therefore, it is best to define what it meaner in practice, in other words, in terms of peoples experience. People can recognize what good quality is when they experience it at first hand. Martin and Henderson (2001) acknowledge that based on this assumption, quality derives from knowing who the service users are, understanding their needs and what their expectations are as well as responding to their requirements in an effective way (Walker, Murray and Atkinson, 2003, p. 160). Therefore, a high- quality service needs to be responsive, enabling, and inclusive (Walker, Murray and Atkinson, 2003, p. 161) What role the manager has in achieving quality? Managers in health and social care play a key role as they are greatly involved in having to think, do, and measure quality along with facing a number of quality initiatives that might seem confusing. Providing quality is supposed to be everyones accessibility, albeit it is the responsibility of the manager to deliver it (Walker, Murray and Atkinson, 2003, p. 1 59). The managers role in social care is continuously changing and having to adhere to an excess of policies and procedures and not getting real recognition of the day-to-day challenges and dilemmas encountered (Henderson and Sudden, 2003, up. 7-88). To sum up, managers are responsible for ensuring client, worker, departmental and governmental needs (Henderson and sudden, 2003, p. 93). About Quality Before the sasss, quality was approached from an introspective point of view. The profession was defined in terms of skills, knowledge and competence needed to do the Job. Moreover, it focused on inputs of the professionals. Howeve r, this approach fell short of taking into account the service users experience and the productivity of the service delivered (Walker, Murray and Atkinson, 2003, p. 63). Consequently, due to government and service users that challenge the professional view of quality, procedures that are more objective originated. Besides, the need to improve services developed the concept to quality control to assure high standards to care (Walker, Murray and Atkinson, 2003, p. 165). Quality Control and Quality Assurance methods were introduced in order to assure high standards of care. Quality control has to do with monitoring services, it is top- down and reactive and it only identifies where practice has not met standards. On the other hand, Quality Assurance is proactive, bottom- up, promotes quality instead of imposing it, and involves more staff when it comes to deliver quality care. It is a systematic approach to service delivery that consists of documenting processes, ensuring and supporting staff along with reviewing practice. It also implies a change in the culture of the services, in terms of preventing errors, so that the idea of quality becomes embedded (Walker, Murray and Atkinson, 2003, up. 166-168). Is it possible to ensure good quality service while keeping the costs down? Managers face continuous challenges to ensure quality service. However, given the current economic climate, the major challenge facing all health services today is keeping costs down and improving services at the same time. Value for money is part of quality. However, sometimes getting value for money meaner accepting deductions in quality as part of getting a lower price in a tendering exercise (Standard, 2012). On the contrary, it could be argued that limited budgets do not inevitably lead to cuts that will result in poorer quality services. It is possible to mitigate the impact of the cuts by implementing innovative and everyday approaches. In a residential setting, for instance, a practice-led manager can monitor quality within services. Firstly, internal audits on a regular basis are needed to ensure that what should be done is done and implement a plan of action otherwise. In the course CD -Room (KICK, Managing Care at Walbridge CD-ROOM, scenario 4) Julie at Walbridge considers that the quickest and simplest way to reduce unit costs is to employ more agency staff and lose the overheads which permanent staff cost (e. . Sick pay, holiday pay, overtime hours). However, Julie emphasized that it is essential to be careful not to create unnecessary Job losses and implement the use of agency staff gradually to retain the most committed and reliable staff. Furthermore, as the provision of quality care, it is correlated to the staff knowledge and skills to meet the residents needs; in souse training to reduce costs could be a useful way to minimize expenses. Besides, the same outcome can be achieved by booking staff on free training courses offered by City Councils and NASH trusts. Moreover, another way to facilitate saving for the institution is by implementing a person-centered care that is responsive to individual needs and preferences. Thus, reducing costs by targeting resources that are not needed. Additionally, managers who deal with services that help people who need care but live in the community can also deliver quality care by introducing innovative ways. For instance, moving people on trot residential care to supported living options translates into reducing costs as it decreases over-support. Equally important, it does not only entail progression but it also entails focusing on what people can do for themselves. Moreover, giving people budgetary control can and does lead to more efficient use of resources as they know best what their needs are (Coping with the cuts, 2011) What other elements of quality do managers need to consider? The quality of services can be seen from two subjective perspectives. Firstly, from the sews of those who provide the service and secondly, from the views of people who receive them. Therefore, managers need to consider a number of factors that determine the quality of life, quality of the environment, and quality of the experience of using the service (Walker, Murray and Atkinson, 2003, p. 161). Quality of life of the service user meaner how good that is . Quality of the environment refers to aspects such as cleanliness, brightness or welcoming features etc. Quality of the experience of using the service reflects how open, respectful, responsive the service is to those who receive care. Quality of the workforce refers to how valued the staff are and how they interact with others (KICK learning guide, 2003, up. 70-71). According to Andy, a project coordinator, valuing staff is crucial as when people feel valued they will give and deliver better care along with challenging difficulties (KICK, Audio 1, track 4). How the service provided is evaluated? To ensure the provision of a good service, managers need to measure quality. Fortunately, there are frameworks that prove to be useful when scoring a service. Firstly, the Audit Commission and Social services Inspectorate were the two main dies responsible for improving quality. Since 1998, the two bodies have started Joint Reviews, followed by Quality Protect Programmer and Best Value (Walker, Murray and Atkinson, 2003, p. 169). The Audit Commission uses indicators based on performance to evaluate the functioning of public services. The social Services Inspectorate supports and inspects quality assurance approaches in local authorities. Joint Reviews evaluate how good services are from the point of view of people who use them. The Quality Protects Programmer focuses on improving the quality of childrens services and Best Value views entails local authorities to review services by using the four CSS (challenging, comparing, competing and consulting) (Walker, Murray an d Atkinson , 2003, p. 174) As quality is about improving services to users, it is therefore important to gain better understanding on how to implement quality the best possible way. In the health and social care field, two approaches are used to translate quality into practice. These are Quality Management and the Excellence Model. Total Quality Management looks at every aspect of quality. It focuses on process and outcomes by combining quality assurance and quality control. The main advantages of this model are that it creates a culture of quality within a team or organization. It is also determined by service users, it is continuous and it has no boundaries (Walker, Murray and Atkinson, 2003, up. 175-176). On the other hand, the Excellence Model enables an organization to assess itself against a set of criteria for excellence and to use the assessment to achieve excellence. It identifies the areas that need improving and how to generate the appropriate changes Thus, highlighting the fact that good exults mean good services (Walker, Murray and Atkinson, 2003, up. 179-180). In the current economic climate, implementing Total Quality Management approach might be better than sticking to The Excellence Model as it focuses on developing a culture of quality, in other words, embedding continuous practices that lead to good quality. Moreover, as this approach focuses on all the aspects of monitoring services it proves useful when gathering systematic information that comes from both external and internal audits. For example, in a care setting that provides catering revise for the service users, it is possible to control food costs, eliminate waste and fulfill different dietary needs by doing weekly stock takes and negotiating prices with food suppliers. In addition the use of a person-centered approach can be used as a cost-cutting measure by assessing the amount of support that is needed and avoid unnecessary high staffing levels. Total Quality Management also involves staff, service users and the wider community in the process of achieving quality. These people are known as the stakeholders. In the quest for quality, staff can be involved by having supervision and appraisal to view progress, set individual targets or identified the training that is needed. The provision of staff meetings is also a way to encourage cooperation to evaluate or discuss quality (Walker, Murray and Atkinson, 2003, up. 179). However, this can also bring out difficulties from the staff and the managers perspective. Staff might not be willing to engage in the process or to express their opinions due to a lack of trust in the system under the assumptions that these might be used against them or, simply, that no action will be taken to improve quality. From a managers perspective, the halogen is about finding ways to encourage staff to observe critically at the service so that they can identify what improvements need to be done and communicate their opinions on development. Organizations can involve service users, relatives and wider community in the evaluation of quality initiatives. Managers can involve service users in evaluating the quality to the service by setting groups or individual interviews to consult people about their experiences, designing service users satisfaction questionnaires that reflect how good the experience of care provided is (KICK learning guide, 2003, p. ). However, this process is not straightforward and presents challenges too. Managers need to be aware that feedback correlates with the engagement of the individual. Therefore, when seeking feedback, they need to take into account factors such as the willingness or the ability of an individual to make and communicate decisions. Under those circumstances, managers need to reflect on options that can be used to assess quality e. G. Questioning style. For instance, when designing a feedback questionnaire it is necessary to keep in mind that the instructions given are clear and what types of questions will be used , open-ended or closed questions (KICK learning guide, 2003, p. 74). According to Rockford (2000) as cited in the Reader (Henderson and Sudden, 2003, p. 85) another issue that managers face is that they are the first in line for blame, but not always the first in line for training. However, as mentioned in the Course Reader, the best practice Journey is to link up with another manager to become a critical friend to each other in order to develop a peer review (Evans, 2003, p. 1 12). Conclusion Because quality is an elusive term, it is best to measure it into practice. This practice is about achieving excellence. To achieve excellence different models have been introduced through time to measure quality. Quality is measured by peoples experiences. Therefore, it is necessary to involve the service providers and service users in the process. However, the manager has a key role in knowing how to make this happen. In the current economic climate, the biggest difficulty that managers face is keeping the costs down without Jeopardizing the quality of the service. Through innovative approaches, it is possible to achieve this.