Tuesday, May 5, 2020
Learning and Teaching free essay sample
A critical analysis of an individual childââ¬â¢s observed learning behaviour during a teaching session and analysis of the implications for their further learning and their support needs (i. e. the TAââ¬â¢s possible role in supporting and developing further learning) (1500 words) INTRODUCTION This essay is about how I, as a teaching assistant (TA), develop my understanding of how my learners learn and develop. I will rename the teacher as Ms K and the students as student M throughout the context. I have been assisting Ms K in Year 2C class for 3 months. The subject of the observation is student M from Iran, whose learning I analysed during a 40 minutes English lesson. I have known the student for 3 months, and as treats me like a friend, is honest and open with me. He discusses his favourite movies, toys, games and even confides in me. I have noticed that he is loquacious and as I give him more time, he has a closer relationship with me as compared to Ms K. I tend to spend my time with my learners during breaks. I have never experienced problem communicating with student M as he is able to speak good English, although he sometimes struggles with reading and writing. According to Janine Murphy ââ¬ËA teacher must be flexible and observantâ⬠¦Ã¢â¬â¢ (2011), so as a TA, I feel I should be more observant of the strengths, interests and learning needs of my learners. STUDENT Mââ¬â¢s BACKGROUND Student M is from Iran and is 8 years old. He is slightly overweight and one of the tallest in the class. He does not like to sit at the same place for a long time and he prefers waking around the class and dancing. I often see him bullying his friends, pushing them break, hitting them whenever he likes and also annoying them by singing loudly in class. He is quite sensitive when someone scolds him, but he never cries. He communicates well with other students and teachers. Moreover, he enjoys Physical Education (PE) and Dance most, as he gets to be more active and he works finely in group activities. He seems to hate English and this is maybe due to the way Ms K delivers her lessons which may not be able to conducive to his kinaesthetic learning style. The majority of the students in 2C class also seem to have a kinaesthetic style. According to David Glen ââ¬Å"Almost certainly, you were told that your instruction should match your students learning stylesâ⬠¦Now four psychologists argue that you were told wrong. There is no strong scientific evidence to support the ââ¬Å"matchingâ⬠ideaâ⬠¦Ã¢â¬ (2009) I totally do not agree with that statement because I feel that by complying the needs of a learner will actually make them more interested to learn something rather than just wasting time in a place where they do not like. There are for 4 aspects I have observed, learning style: 1. Personality and Learning style 2. Experience and interest 3. Stage of development 4. Abilities DEFINATION OF KINAESTHETIC We keep hearing things like, ââ¬Å"My mind works better when Iââ¬â¢m doing something physical, like running or walking. ââ¬Å"I like spending all my free time in the open air. â⬠ââ¬Å"I enjoy working with my hands. â⬠All these form kinaesthetic intelligence. According to Ian Ducket ââ¬Å"Kinaesthetic learners usually tend to remember things that they do and experience and may tend to tap their pencil or pen during a lessonâ⬠¦Ã¢â¬ (n. d) As a TA I would try my best to make sure my learners will experience a perfect learning environment with suitable resources used to help them to understand more effectively. According to learning specialist,à Pat Wyman, M. A. , concept â⬠¦is the importance of matching input andà output in teaching. For example, ità may be obvious toà anyone that a child cannot acquire the skill of swimmingà (output) by readingà about it in a book. He has to get in the water and practice theà skill (input)â⬠¦Ã¢â¬ (2012) LESSON DELIVERED BY MS K ON 14/112011 FROM 10. 40am ââ¬â 11. 20am I have chosen English lesson to observe and it is a teaching session of one period which is equivalent to 40 minutes Time| Record of Observation| 10. 40am ââ¬â 10. 55am| Ms K entered the class and ordered them to sit on the floor in front of her. Then she did a recall session with them based on what they previously learnt, but I noticed student M was not paying attention as he was talking and singing to himself. Ms K read them a story titled ââ¬ËSecretââ¬â¢ from their Fitzroy book. The story is about a boy who cannot keep secrets and ends up destroying himself. Ms K told student M to be quite. However, he didnââ¬â¢t take notice, so, I decided to sit next to him on the floor. I was helping him to read the story step by step, as I am aware of his limited reading ability. However, he was not interested in reading, so I briefly explained about the story to him. I used examples and face expressions which engaged him and he even gave examples related to his experience. | 10. 55am ââ¬â 11. 10am| After reading them the story, Ms K asked them to sit at their desks and wrote 5 questions on the whiteboard. All the students were required to copy the questions into their exercise book. Rather than, copying the questions, student M was busy doodling in his book. According to Shelley Vernonà ââ¬Å"â⬠¦Kinaesthetic learners are often the students who just dont get what youre trying to teach in a traditional lecture or worksheet based lesson. Kinaesthetic learners take in information best when they use their whole bodies to complete practice exercisesâ⬠¦Ã¢â¬ à (2008) Ms K tried her best to persuade him to copy the questions, but in vain. He did copy a few letters as Ms K observed him, but once she left, he continued drawing and started singing again. Ms K told him if he does it again she will complain to his mother. Instead of obeying her, he replied saying that his mother was scared of him and he had even hit his mother before. He also stated that his dad does not say anything to him. I helped him to spell the words so it would be easier for him to write. In order to gauge his level. I asked him to write down the alphabets. From the result, it was clear that student M (the name of the students is not written for the anonymity of the institution, students and staff) does not know all the alphabets, and if the letters he knew, he wrote some upside down. Eventually, he did copy the questions but did not answer them due to a shortage of time. | 11. 10am ââ¬â 11. 20am| Next, Ms K asked them to sit again on the floor in front of her to go through the answer with them. She picked a few students to read out their answers. One of those was student M who surprisingly answered the question correctly. Ms K did correct a few students who answered wrongly. At the end of the period, Ms K collected all the books to be marked. | WHAT COULD I HAVE DONE TO SUPPORT THE LEARNERS As a TA I would never make my learners feel scared of me because this will cause them to not share their problems with me. I would also sit with them and guide them to do their work and if there is having any doubt, I will always be there to clear their confusion. However, I would make sure that the class environment is suitable with the needs of my learners such as I have decorated the class with more pictures as I know that my learners prefer to see rather than reading. According to Terry Farwell ââ¬Å"Once students understand their learning styles, they can better adapt to their learning environmentâ⬠¦Ã¢â¬ (2012). Since I know it is impossible to expect them to sit quietly for long and listen to something without experiencing it physically so it is better to give them tools and equipment to use in class. Rather than stopping them from moving, it is better to let their bodies build up through expression, enabling them to grow up into inspired individuals. WHAT I WOULD HAVE DONE AS A TEACHER Since I know that student M is a kinaesthetic learner, I would have created a lesson plan which involved more moving activity. According to Erin, ââ¬Å"While some students can learn effectively through quiet study, others gain the most information through active learning activities. If you are charged with the task of teaching English to a kinaesthetic learner, you can increase the effectiveness of the lessons you offer by mixing movement into your learning activitiesâ⬠¦Ã¢â¬ (2012) At the beginning of the lesson I would have read them the story then I asked them to do role play in 4 groups where every group had a peer guide to guide the weaker ones. This way, student M would have had the chance to show off his talent, move around and talk loudly as he loves to. Once they had performed their role play, I would have asked them to remain in their groups and called every group leader to come forward to choose a question. They are required to show their answer in the form of a picture or drawing. According to Elizabeth, she stated ââ¬Å"â⬠¦kinaesthetic learners sometimes process information such as class notes better by drawing pictures than by writing words. Kinaesthetic learners may need to draw models, write in different colours if taking text notes and use highlighters to help them concentrateâ⬠¦Ã¢â¬ (2011). Thus, this would give student M the opportunity to show his talent at drawing. Furthermore, this activity would not only have benefited student M; it will also benefit other students as well since they all love colouring. Finally, every group would present their drawing and explain their answer to the class. Elizabeth also stated that ââ¬Å"Allow kinaesthetic learners to assess orally through simple answers, presentations, poems or songsâ⬠¦Ã¢â¬ (2011) and I have to agree with her statements. Student M would learn the story twice and thus improve his thinking and imagining skills. I have also noticed that Ms K does not like any interruption when she is teaching even if students want to ask questions. If I were the teacher I would have given students the opportunity to ask questions, on condition that if they wish to ask a question they must first raise their hands and get permission. Ms K told me the reason she wants them to copy the questions is because she wants them to improve their writing and at the same time memorize the spelling. I feel it is a good practice but unfortunately it does not fit the learning style of student M. CONCLUSION I HAVE MADE I feel that as a teacher assistant (TA), it is my responsibility to make sure that every learner gains something from a lesson, since I believe that the teacher is busy and she cannot give individual attention to all 19 students. Overall, I believe that as a TA, I will help student M to develop his skills by guiding him during learning session. I will try to divide my time equally everyday to all my learners so that no one will be left out. Albert Einstein once stated that ââ¬Å"â⬠¦he felt it in his muscles, when he was thinking about something that later proved to be very significant. This heightened kinesthetic sense tells us that helping develop this kinesthetic sensitivity from an early age, instead of suppressing it, will help people turning out to be more creative individualsâ⬠¦Ã¢â¬ (2008) As a conclusion, I agree with Albert Einstein and I am also applying it in my role to support my learners. Furthermore, it is my responsibility to make sure my learners are in ease when the learning session is going on. REFERENCING Ducket, Ian. , (n. d) Effective Practice: Learning styles and their application for effective learning, Available at: http://www. itslifejimbutnotasweknowit. rg. uk/files/LearningStyles. pdf (date accessed: 05/01/2012) Farwell, Terry. , (2000 ââ¬â 2012) Family Education: Visual, Auditory, Kinesthetic Learners, Available at: http://school. familyeducation. com/intelligence/teaching-methods/38519. html (date accessed: 09/01/2012) Glen, David. , (2009) Matching Teaching Style to Learning Style May Not Help Students, Available at: http://c hronicle. com/article/Matching-Teaching-Style-to/49497/ (date accessed: 03/01/2012) Guffanti, Stephen. , (2011) Learning Styles: What Does It Feels Like To Be A Kinesthetic Learner, Available at: http://www. howtolearn. om/2011/11/learning-styles-what-does-it-feel-like-to-be-a-kinesthetic-learner (date accessed: 10/01/2012) Hasan, (2008) ââ¬ËUnderstanding Kinesthetic Intelligence! ââ¬â¢ , Reaction Of Society, Available at: http://www. dirjournal. com/guides/understanding-kinesthetic-intelligence/ (date accessed: 12/01/2012) Murphy, Janine. , (2011) What Types of Communication Are Used in Teaching? , Available at: http://www. ehow. com/info_8420301_types-communications-used-teaching. html (date accessed: 25/12/2011) Schreiner, Erin. , (1999 ââ¬â 2012) How to Teach English to Kinesthetic Learners, Available at: http://www. how. com/how_6914515_teach-english-kinesthetic-learners. html (date accessed: 10/01/2012) Stover, Elizabeth. , (2011) Adaptations for Kinesthetic Learners , Available at:: http://www. ehow. com/info_8718466_adaptations-kinesthetic-learners. html (date accessed: 12/01/2012) Vernon, Shelley. , (2006 ââ¬â 2012) Teaching English Games: How to Teach English For Different Learning Styles, Available at: http://www. teachingenglishgames. com/Articles/Learning_Styles. htm (date accessed: 09/01/2012) TABLE OF CONTENT FOR TASK 2 No | Topic / Area| Page| 1. | Introduction| 14 | 2. | Learnerââ¬â¢s Background| 15 | 3. How have I plan my lesson relate to my learners needs| 15 ââ¬â 16 | 4. | Session plan for learning session of 120 minutes| 16 ââ¬â 18 | 5. | How do I make sure that learning has take place| 19 | 6. | Evaluation of my lesson plan| 20 ââ¬â 21 | 7. | Conclusion I have made| 21| 8. | Reference| 22 ââ¬â 23 | 9| Appendix| 24 ââ¬â 32 | TASK 2 Plan and deliver a lesson in a core subject for a group of mixed ability pupils, ensuring that all are able to access learning through the use of a range of teaching strategie s and resources. Include assessment opportunities and personalised provision as appropriate. Assess the learning that took place and evaluate the effectiveness of the planning and issues raised for consideration in future planning. The plan will form an appendix. The schoolââ¬â¢s preferred planning format can be used. INTRODUCTION This essay is about me, planning and delivering a Mathematics lesson for a group of mixed ability pupils for class PYP 1. PYP stands for Primary Year Programme. I have made sure that all my learners are able to access learning through the use of a range of teaching strategies and resources. I have also given them assessment to know their level of knowledge and how effective is my teaching towards them. As it is stated in the webpage of University of Western Australia ââ¬Å"Assessment is that part of the learning process used to better understand the current knowledge that a student possessesâ⬠¦Ã¢â¬ (Anon. , 2001) I will rename my mentor as Ms R throughout the context. I have been assisting Ms R for 3 months and I have gained a lot of knowledgeable information from Ms R. I planned my lesson by not repeating the mistakes done by Ms R since I have been observing her for 3 months and I have learnt the face expression and how they react towards learning. LEARNERS BACKGROUND PYP 1 students are 5 years old to 7 years old and they are from mixed countries. There are 19 students in this class and they have well spoken English. Since I know the type of learners I am handling with which I realised they are mostly kinaesthetic and visual learners so I will conduct an activity that requires them to move around such as swapping their places with their friends. In addition, I will also choose the materials I am going to use according to my learners needs so that they will feel comfortable during my session and will concentrate on their learning. I have identified the needs of my learners by conducting a diagnostic meeting and also observing them in the class when they are learning. I realised that they prefer to talk rather than listening and most of my learners prefer to learn by doing a moving activity. Every morning I am instructed by Ms R to collect their work book, while arranging their books I will check it before I hand it to Ms R and I usually will have a short conversation about our learners every morning. According to Kimberly Olver, the meaning of diagnostic meeting is ââ¬Å"â⬠¦which is concerned with how well the students understand the concepts of a particular part of the curriculumâ⬠¦Ã¢â¬ (2012) HOW HAVE I PLAN MY LESSON RELATE TO MY LEARNERS NEEDS I have designed learning activities relate the learner needs by using ââ¬Ëmatch and stretchââ¬â¢ method so that all the students will have the opportunity to fulfil their needs since not all the students requires the same learning style. Such as I will have more of visual r and kinaesthetic style of learning since the majority of my learners prefer not to read or listen but I will also have short activity involving reading complying the needs of other learners. There will be group activity and single activity I plan so that I will know their abilities on the subject and get to know my learner needs better. As it is stated that, To ensure the greatest probability of learning, we must carefully select and arrange activities that will produce the desired learning outcomes in our students. Only through careful planning can we be certain that we include all necessary information and have our lesson plan properly organized to achieve the lesson objectiveâ⬠¦Ã¢â¬ (Anon. , n. d. ) The meaning of ââ¬Ëmatchââ¬â¢ is when I comply with their needs of learning and the meaning of ââ¬Ëstretchââ¬â¢ is when I go against their opposite needs. Such as, I give them quizzes using a projector and kinaesthetic learners will feel ââ¬Ëstretchââ¬â¢ but will ââ¬Ëmatchââ¬â¢ the visual learners. It is stated that ââ¬Å"A learning stretch is defined as the demonstration of knowledge and research over and beyond previously learned materialâ⬠(Anon. , n. d) There are quizzes (refer to appendix) and activity using projector. This will benefit the visual learners as they prefer to see pictures rather than reading. Furthermore, the worksheet that they will have to attempt requires them to move around. Such as, there will be 4 groups and each group will be located at a different area in the class and they have to swap places with another group in order to answer a new worksheet. SESSION PLAN FOR LEARNING SESSION OF 120 MINUTES Session title| Additions : two digit numbers with tens| Aim| To understand and able to solve mathematical addition involving two digit numbers by themselves| Learning objectives| By the end of the lesson, the students will be able to solve addition involving to two digit numbers in many kind of ways within 30 minutes| Plan Time| Teacher Activity| Learner Activity| Differentiation| Assessment| Materials / Resources| 5 minutes| Teacher recalls what is single and double digit is all about and provides a few examples for the students. Student listens to teacher and tries to understand. | I target prepared open and closed questions at students of my choice. This exercise will give me instant feedback on the quality of their previous lesson knowledge. | Discussion and Questionnaire| * Whiteboard * Marker | 5 minutes| Teacher asks students to come out and give example of addition that they have learnt previously and then teacher will choose a student to answer the question. | Student engages with teacher and other students when creating their own questions in front of the class. Students should be alert and prepare with answers because they might be the chosen one to solve the question. | Students will understand more when their peer provides examples and explain how to solve it because this will help the weaker students. | Discussion and Questionnaire| * Whiteboard * Marker | 5 minutes| Teacher divides the students into 4 groups consist of 5 people and every group has a peer guide. Teacher tells them that there are 3 worksheet and what each group is require to do and explain the instruction of the worksheets. They will be ask to finish each activity within 10 minutes. Students cooperate with the teacher by listening to her instruction and quietly move to the tables. | I choose the pairings based on which children I know can work together harmoniously. The seating arrangement is such that I can move freely between the pairs listening to their descriptions and evaluating their achievement. | Questionnaire | N/A| 30 minutes| Teacher shows where the needle of t he watch will be after 10 minutes and they have to stop doing and swap their place to another table where there is another sheet of question paper with a different type of question. Students view the clock on the wall while the teacher shows them when they should swap their places to proceed to the next activity. They start doing their worksheet in couples. | Record the achievement of each of my student, in particular who surprised me by being more or less able than I thought? | Group discussion and colouring the correct answer. | * Worksheet * Counters * Number cards * Number charts to 100 * Colour pencils| 10 minutes| Teacher collects the worksheets and asks the students to gather and ask them question based on what they have learnt. Students attempts to answer question given by teacher, based on their level of understanding from what student has learnt. | I will give them feedback on their worksheet which I have observed them doing so that they can improve themselves. | Discussio n and Questionnaire | * Whiteboard * Marker| 20 minutes| Teacher shows slides and examples of question and how to solve it. Teacher divides the students into 4 groups and starts a fun addition game with the students. | Students views slides shown by teacher. If unclear, students are supposed to ask teacher. Student engages with teacher and other students when playing the subtraction game. | I choose the pairings based on which children I know can work together harmoniously. The seating arrangement is such that I can move freely between the pairs listening to their descriptions and evaluating their achievement. | Discussion and Questionnaire. | * Projector * Google search * Questions on quizzes(www. mathsisfun. com)| HOW DO I MAKE SURE THAT LEARNING HAS TAKE PLACE In order for me to succeed in making my learners to learn, I would need the learners to be reflectors. As it is stated in the webpage of Campaign For Learning ââ¬Å"Reflectors like to stand back and look at a situation from different perspectives. They like to collect data and think about it carefully before coming to any conclusions. They enjoy observing others and will listen to their views before offering their ownâ⬠(Anon. , n. d) I would need them to reflect onto anything that they do not understand so that I will be able to help them. On the other hand, the students should also be good communicators. As they are many activities planned, I am hoping for the students to also engage well in all activities. According to Penelope Eckert ââ¬Å"â⬠¦engaged learning occurs when people appropriate the learning process in the service of their goals as individuals and as members of society â⬠(n. d) To ensure that the element of active learning which are talking and listening, writing, reading, and reflecting has taken place, I will do summative assessment with them such as quiz and questionnaire based on what I have taught them. At the end, I will conclude what they have learnt since I know their level of knowledge since I have asked them questions before I start my lesson. As it stated in the webpage of University of Michigan, the meaning of active learning is define as ââ¬Å"â⬠¦a process whereby students engage in activities, such as reading, writing, discussion, or problem solving that promote analysis, synthesis, and evaluation of class contentâ⬠¦Ã¢â¬ (n. d). EVALUATION OF MY LESSON PLAN First and foremost, I will self-evaluate myself after I have delivered my lesson. I will also need the help of my learners and Ms R since she is the mentor. I completed a session with my learnerââ¬â¢s form where I obtained oral feedback from them. I asked them a few questions to complete the session. As for my Ms R, I would evaluate my lesson after she completes the observation reports and also some oral feedback. I had one-to-one session with Ms R to improve myself as a teacher and I believe that Ms R has given me a lot of beneficial advice. As it is stated that evaluation can be in the form of, ââ¬Å"Formal and informalâ⬠¦formal evaluation done after instruction-testing-confirms whether the teacher and students have successfully accomplished the objectives, but its results often come too late to do the students much goodâ⬠¦. Informal evaluation done during instruction is often the most useful and influential type. â⬠(Anon. , n. d) I agree with the statement. I should always consider three levels of evaluation which is: * How did my learners react to the activity? * What did my learners learn from the activity? * How are my learners performing their role differently? Evaluation procedures must obtain valuable information, whilst being as unobtrusive to the flow of my learners as possible. I faced minor problems while delivering my lesson as I am very new to teaching. One of the problems I faced was giving instruction. According to Susana Maria Li Ruso ââ¬Å"It is essential for teachers to develop an awareness of the importance of clear oral instructions for good class management. â⬠(2002-2003) Ms R told me that I should learn to give a simple instruction since my learners are very young so I have taken her advice and try to improve myself in future. I have attached my observation of feedback, observation of review and observation report done by Ms R as appendix. CONCLUSION I HAVE MADE Since I am trying my best to improve myself as teacher, I would always learn from mistakes that I have made and other teacherââ¬â¢s mistakes that I have been observing. I believe there is always space for improvement so I will never let anything to put me down as teacher to support my learners. Moreover, as a TA who fosters positive relationships with their students create classroom environments more conducive to learning and meet studentsââ¬â¢ developmental, emotional and academic needs. Such as, my learners will always confront me if they have any problem at home or at school. As it is stated in the webpage of American Psychological Association, à ââ¬Å"If a student feels a personal connection to a teacher, experiences frequent communication with a teacher, and receives more guidance and praise than criticism from the teacher, then the student is likely to become more trustful of that teacher, show more engagement in the academic content presented, display better classroom behavior, and achieve at higher levels academically. Positive teacher-student relationships draw students into the process of learning and promote their desire to learnâ⬠¦Ã¢â¬ (2012). REFERENCING American Psychological Association (2012) Improving Students Relationships with Teachers to Provide Essential Support for Learning, Available at: http://www. apa. org/education/k12/relationships. aspx, (date accessed: 12/01/2012) Arthur, F. (n. d) University Of Michigan: Teaching Strategies: Active Learning, Available at: http://www. crlt. umich. edu/tstrategies/tsal. php, (date accessed: 10/01/2011) Campaign For Learning (n. d) Reflectors, Available at: http://www. campaign-for-learning. org. uk/cfl/yourlearning/whatlearner/reflector. asp (date accessed: 11/01/2012) Eckert, Penelope. (n. d: 6), The School of Engaged Learners: Students Are Engaged Learners, Available at: http://www. stanford. edu/~eckert/PDF/SasCEL. pdf, (date accessed: 11/01/2012) EGHS Senior Project, (n. d) What is a Learning Stretch? Available at: https://sites. google. com/site/eghsseniorproject/what-is-a-learning-stretch (date accessed: 10/01/2012) Evaluation (n. d) Evaluation, Available at: http://linguistics. byu. edu/faculty/henrichsenl/lessonplanning/lp_14. html, (date accessed: 07/01/2012) Homeport Training Norfolk, Virginia (n. d) Developing The Lesson Plan: The Importance of a Lesson Plan, Available at: http://www. mysdcc. sdccd. edu/Norfolk_Homeport_Training/Instructor_Info/Importance_of_a_Lesson_Plan. htm (date accessed: 10/01/2012) Liruso, Susana Maria (2002 ââ¬â 2003) ââ¬ËGiving Oral Feedback to EFL Young Learnersââ¬â¢ Abstract, pp. 38, Available at: http://www. encuentrojournal. org/textos/13. 13. pdf, (date accessed: 10/01/2012) Olver, Kimberly. , (2012) Article for Teachers: Class Meetings, Available at: http://www. eslteachersboard. com/cgi-bin/articles/index. pl? page=3;read=3554 (date accessed: 09/01/2012) University of Western Australia (2001) Outcomes Based Education and Assessment at UWA, Available at: http://www. catl. uwa. edu. au/__data/page/77897/OBE_and_Assessment. pdf (date accessed: 08/01/20 12)
General Jones VS Burnie Port Authority 1994 Samples for Students
Question: Discuss about the General Jones VS Burnie Port Authority 1994. Answer: Issues of the Case The main legal issues of this case were the non-delegable duties. The issues of the case were that the General Jones who was the plaintiff had his stuff kept in the building of Burnie who was the defendant in this case. Burnie had given contract to individual self-governing service provider to undertake particular task. Accordingly, in the negligence of the contractor, a conflagration of fire was triggered and burned down the building. Consequently, the property of the Plaintiff got damaged or destroyed (Barker, Fairweather Grantham, 2017). Relevant Law to the Case The case relates to the fire negligence. The law related to the case are various. One is that related to a fire that escapes from the premises. This is related to the rule of the Ignis suus. It also refers to the Rylands v Fletcher rule that is helpful in the determination of whether an independent rule in the Australia. The case also relates to the Fires Preventions Act 1774 that helped in the determination of whether it is part of the Australian law. It further relates to the Supreme Court Civil Procedure Act 1932 (Tas.), s. II (15) to help in the determination of Negligence-duty of the occupier of the land to neighbors. This will also contribute to determining the existence of dangerous activity undertaken by the independent contractor liability of the occupier for the negligence of the contractor (Foley Christensen, 2016). Analysis and Legal Arguments Raised The respondent who was General, agonized damages after a massive amount of vegetables that was frozen it possessed got tumble-down by the fire that smashed a structure owned by the Authority. The vegetables remained stowed in the 3-cold quarters within building. The General was an occupant of the cold room alongside the office regions following the arrangement with Authority. The remaining parts of the apartment encompassing the region amid ceiling as well as the roof stood under the Authoritys occupation. At point of the fire, the task was taking place to expand the apartment as well as the installation of additional icy storage amenities in enlargement. The original apartment that stored vegetables tagged Stage I alongside the uncompleted enlargement was called Stage 2. The Authority has involved contractor (a head) in regards to task engaged in the erections as well as equipping stage 2. Via the task ers, it did a portion of that undertaking itself, encompassing site clearance, concrete foundation pouring, alongside the steeltask design. Additional task engaged in Stage 2, comprising the steel frame erection alongside electrical and refrigeration equipment installation, being entrusted to the autonomous contractors. Wildridge together with Sinclair Pty. Limited (W. and S.) were among independent contractors. The task for which W. and S. were contracted entailed additional installation of refrigeration in stage 2. It encompassed substantial welding as well as the utilization of an enormous amount of EPS (expanded polystyrene) that remained the insulation substance. Whereas EPS entailed retardant substance for blastoff inhibition, it may ignite when under continued interaction with the blaze and scorching material. Upon ignition, the dissolution of material follows into a gooey fire that scorches with unusual fierceness, a speed that escalates in the symmetrical headway (Sappideen et al., 2006). The utilized EPS by W and S was promoted based on Isolite tag commercially. It kept in about 30 cartons cardboard that according to the Authoritys familiarity, loaded together in a given region and annulled under the Stage 2 roof in near neighborhood where W and S might, further be undertaking extensive activities of welding according to Authoritys knowledge. Apparently, it remained necessary that special be care applied to make sure that the flashes or melted fluid arising from such activities of welding never kindle cardboard of a single slanted ampule. When this occurs, the probability stood that Isolite in the said vessel could ignite with the outcome that all Isolite would be an irrepressible fire. It remains shared basis that, at the appropriate time, Authority remain individually in Stage 2 dwelling, entailing the void of the roof. Authority adopted no moves to evade conflagration danger that indiscreet welding goings-on in the boxes of the Isolite vicinity. On the detection of the erudite trial justice, W. and S. workers undertook the welding happenings in a negligence manner which spurs or liquefied metal dropped on 1 or additional cartons entailing Isolite (Oliphant, 2005). The ignition of cardboard occurred, and Isolite individually started to burn fiercely. The fire blowout right from the void of roof to entire of Stage two alongside a significant proportion of Stage one, encompassing such shares of original structure entailing the icy quarters that the General stayed. The conflagration of such fire within few minutes of ignition had the whole complex flames-engulfed. The General sued both W and S in Tasmanias Supreme Court. At initial example, proceeding became thorny by the third party alongside cross-clams amongst the defendants alongside extra party, Olympic which had already been the initial Isolite supplier. Neasey J, the erudite trial justice discovered that General was entitled to the ruling against Authority as well as W and S for injury that it had already sustained by the rationale of loess of the ice-covered vegetables. The Justice believed that liability of W and S arose from the ordinary principle of negligence laws application (ordinary negligence) alongside from extraordinary rule link to the obligation of the occupier application for the damage that fire spillage from her apartment triggered (rule of Ignis suus). The Justice further believed that liability of the Authority emerged from the rule of Ignis suus application. As amid W and S alongside Authority, Justice discovered that Authority was, by W and S reason of negligence, el igible to indemnification by W and S with respects to particular damage that the General was paid. The W. and S. and Authoritys 3rd party allegations against the Olympic remained discharged. The Full Court received an appeal from Authority based on order of the trial justice that the ruling be arrived at in the favor of the General against the Authority. The Full Court (Zeeman JJ, Cox and Crawford) validated the liability of the Authority to General as well as subsequently made orders that appeal immediately be discharged. Nevertheless, Full Court memberships concluded that foundation of the Authority liability to General never laid in any singular rule regarding solely to the fire escape but in an additional rule of general common law, as anchored on the Rylands verses Fletcher linking to liability of occupier for the injury triggered by dangerous substance escape ushered to his buildings. The current appeal is by the Authority from the Full Court rendered the judgment. General already made an argument that it is obligated to uphold the decision in its favor in the three unique grounds individually including, (i) the Ignis suus principle; (iii) ordinary negligence and Rylands v. Fletcher liability. The 4th ground (ordinary nuisance) fronted by the printed argument framework by the General but dropped during the oral argument. On his part as he was repudiating any obligation to General, the Authority has never tested the verdicts in the lower court to effect that General continued significant damaged triggered by fire feast from the buildings that the Authority was the occupant of (Stage two and Stage 1s remainder) to the buildings the General occupied (icy rooms) alongside that fire remained triggered by the Authoritys autonomous contractors negligence in undertaking the indiscreet welding activities on buildings that the Authority was an occupant in near vicinity of stacked cardboard cartons of Isolite. This currently undoubted verdicts of fact tha t principle of law pertinent has to be acknowledged (Rose, 2016). Summary of Judgment The Court held that the Rylands verses Fletcher that provided that the Burnie remains strictly accountable for the hazardous material escape deprived of the requirement to demonstrate responsibility, if anything on his land that is hazardous as well as artificial is absorbable into negligence ordinary rule. An exceptional relationship avails a singular, individual or non-delegable duty (NDD). Such a proximity association offers care duty of a unique alongside increasingly strict type, called a duty for making sure that sensible care remains upheld. Such relationships exist where the Burnie has an element of controlling the plaintiff or in case the plaintiff is vulnerable (Jahn Kassim, Ismail Azhar, 2014). It remains convenient to view the common element as the core control element. The proximity relationship viewed from the standpoint of the individual who is owed the duty, the care duty that cannot be delegated emerges whereby it remains marked by the exceptional reliance or the pl aintiffs vulnerability. The Rylands v Fletcher mentioned overhead is adopted due to being essentially containing the core aspect of the control that produces, in additional case categories, a unique personal/NDD of care within ordinary negligence law. This relationship is noted where an individual stays in control of the premises as well as who have ceased the opportunity of such a regulator to usher therein a dangerous substance. Therefore, the underlying question is if Authority ceased benefit of its living as well as regulator of the buildings to permit its autonomous contractor to usher and preserve the hazardous material or to involve in a hazardous undertakings on buildings. A beginning argument to get the answer to the above question has to start by considering what relevantly makes up a hazardous material/action. In current case, task undertaken by contactors remained dangerous. In case a single container could be ignited, it would remain unfeasible to control the conflagration of fire and hence would surely cause destruction to the building, collateral negligence. The General was owed a care duty that was not delegable by Authority as a dweller of such portions of grounds into where it needed as well as permitted Isolite to be ushered and welding task to be undertaken. The Authoritys duty of care extended to making sure that the autonomous contractor embraced sensible care to bar Isolite ignited due to the activities of the welding (Reid, 1999). The High Court of Australia treated the Rylands verses Fletcher rule as engrossed by principle of ordinary negligence. The greater proportion of the judges were influenced by the hurdles of interpretation as well as application to which such a rule had emerged from, the progressive rule weakening by the judicial decision, by acknowledging that the negligence law had already been extremely greatly established and enlarged since decision of the Rylands verses Fletcher besides by notion that many claimant entitled to triumph under the rule would proceed in a negligence claim anyway; in case a care duty emerges underneath negligence ordinary law, care benchmark demanded is that which remains sensible in condition (Foster, 2015). It already been stressed in various suitcases that extent of care within that benchmark essentially with involved hazard alongside that such jeopardy entails both an accident risk degree occurring as well as the potential damage seriousness in case an accident needs to take place even in the case in which the dangerous substance or the activity of type that could lure the Rylands v Fletcher rule is engaged, the benchmark of care stays that which remains sensible in the conditions; Adelaide Chemical and Fertilizer Co Ltd verses Carlyle. In a case of such activity or substance, nevertheless, a rationally sensible individual would exercise an advanced care extent. In fact, based on the degree of this danger, the benchmark of judicious care might engage a diligence gradation so strict as to quantity virtually to safety assurance (Costello, 2014). References Barker, K., Fairweather, K., Grantham, R. (Eds.). (2017). Private Law in the 21st Century. Bloomsbury Publishing. Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520. Costello, R. . (2014). Reviving Rylands: How the Doctrine Could Be Used to Claim Compensation for Environmental Damages Caused by Fracking. Review of European, Comparative International Environmental Law, 23(1), 134-143. Foley, M., Christensen, M. (2016). Negligence and the Duty of Care: A Case Study Discussion. Singapore Nursing Journal, 43(1). Foster, N. J. (2015). Vicarious Liability and Non-Delegable Duty in common law actions based on institutional child abuse. Jahn Kassim, P. N., Ismail, S. F., Azhar, M. T. (2014). Revisiting the scope of non-delegable duties of healthcare providers: issues and challenges. Oliphant, K. (2005). Rylands v Fletcher and the Emergence of Enterprise Liability in the Common Law. In European Tort Law 2004 (pp. 81-120). Springer Vienna. Reid, E. (1999). Liability for dangerous activities: A comparative analysis. International and Comparative Law Quarterly, 48(04), 731-756. Rose, L. (2016). Untangling the Rule in Rylands v. Fletcher from Nuisance. NEL Rev., 4, 127. Sappideen, C., Vines, P., Grant, H., Watson, P. (2006). Torts: commentary and materials.
Friday, April 17, 2020
The Way of Life for the Inuit People free essay sample
Students were sent away for 4 years to a school to get an education from some missions set up to help the villagers get a good education. The only bad thing about it was the fact that the schools discouraged native language. If students came to class and spoke a native american language they were punnished harsly, either with soap in their mouth or having to stick there head agaist the corner of a wall for long periods of time. Most of the Inuits entertainment was from hunting gatherings and raids. In result to the harsh, cold winters, inuit villagers had a hard time finding building supplies. No trees were found in the tundra. Only way to get wood was from transportation from different villages. The snow was a big factor in inuit life. They used snow for their houseââ¬â¢s, also known as igloos. It was the best way to keep themselves from freezing to death or frostbite. We will write a custom essay sample on The Way of Life for the Inuit People or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page As the summer rolled around that ment the snow was melting away so the inuit people had to come up with a plan to have shelter. Their shelter was made up of streched out pieces of animal fur. Transportation was very small around the artic tundra because of their freezing tempuratures. When they did transport goods the relyed on huskies to pull them around the tundra. They huskies were respected so much because of their strong legs and thick skin for warmth and protection. During the summer they used two different kinds of boats, a kayak for hunting, and a umiaq for transporting people, supplies, and dogs. The inuit people had a huge hunting culture. Especially whales, during whale season inuit people set out on whale expeditions to catch, the whale fleets so they can stack up on food for the winter. The inuit people were very independent, and dependent on the few around them. They passed down the hunting kills from generation to generation, giving the inuits a big advantage in hunting and staying alive during the harsh winters.
Wednesday, April 1, 2020
Abandoned Baby Essay Example
Abandoned Baby Essay In abandoned baby a teenage girl called Donna becomes pregnant and after it is born she abandones it in a cardboard box wrapped in a tea towel at the bus stop. It is found by a girl from university and she takes it to hospital and it is in good health.The baby was named December Scofield as it was found in December and the girl who found it, had the surname Scofield.The issues that arise are teenage pregnancy, parenthood, responsibility and financing.Donnas Diary24 March:-I looked around everywhere, no one was around, so I slowly walked into the pharmacy and walked over to the pregnancy test area and picked up one of those packets. After I bought it I went home and tested myselfI was shocked it had proved positive, I aint got a clue of what to do, I want to tell someone but who?25 March:-My friends today were noticing my getting big as its been about six weeks, I think? I hope nobody jumps to any conclusions.6 May:-I felt so sick today my mum almost made me go to the doctors, but I s aid Id be fine and so I got away with it this time but still havent got the guts to tell anyone especially after what I heard my parents saying about my ex-boyfriend Steven, that he was a bad influence on me and that one day I would regret what he might do.21 May:-My friends were saying where you going to get the money from and how you gonna look after it..? but I said for what? and by the looks of it they seem to be knowing whats going on.31 May:-My clothes dont seem to fit now, all Im wearing is T-shirt and Jog pants all the time.5 June:-I went to the library today and got a book on parenting and read a bit and then fell asleep in the afternoon, I do seem to be sleeping a lot lately. Just before dinner my mum found that book I got and yelled as if someone had stab her, back to the point, she came running down and dropped the book on mu lap and said what on earth is this book doing in your room? I was terrified, what was I to say? should I tell her? would she be supportive? but in the end I said its for a school project and she relaxed like an exhausted flying bird. Then she said for a moment I thought you were having a baby.13 Sept:-Its a start to the new term at school and all the others shocked to see me looking like a balloon. I told them that I just had this problem which made me eat a lot but now Im on medicine.15 Sept:-Today at school we organised a holiday for Christmas and they kept asking it I would come and I said yes so many times, they still wont believe that theres nothing wrong with me.23 Nov:-Mum asked me if I was pregnant with all the vomiting, she said she would support me and everything, but as it was I couldnt tell her.3 Dec:-The baby was born today, luckly no one was home and I just fed it, gave it a bath and it just went to sleep, then I thought long and hard of what to do. I couldnt keep it my mum would kill me. My parents would be home in 2 hours. So then I just had to wrap it in a tea towel and found a large box and lined it with tea towels and put it in there, it was fast asleep and I was crying so much I just had to let it go I couldnt face showing my parents after it being born and not telling them when they asked.So then I stepped out the house and went off to where the road led, then I came to a bus stop with lots of people there, I thought this would be the best place so when it cried someone would know what to do, just before I left it I put my chain on it, the one with S=D on it. Then I went off to the park for a serious think and thought that I have basically ruined the babies life and any hope of peace it may have had.
Friday, March 13, 2020
Maslow essays
Maslow essays The success of any organization depends on the ability of managers and supervisors to provide a motivating environment for their employees. Motivation is fundamental to all organizations, and can be defined as the result of an employee's or subordinate's concentration towards a valued goal, through intensity, direction and persistence of effort. There are many theories of motivation that are applied in organizations worldwide on a regular basis. One of these is Maslow's Theory of Needs. It deals with individual motiviation and by understanding employee needs, managers can understand what rewards (either intrinsic or extrinsic) he or she should use to best motivate each individual. Abraham Maslow developed a five-level hierarchical theory of motivation that argues an unsatisfied need has the greatest motivating potential. His hierarchy of needs, starting wtih the most basic and ending with the most complex, are as follows: Physiological: Needs that must be satisfied in order for teh individual to survive, such as food, water, shelter, oxygen, sleep etc. Safety: Needs that include security, stability or certainty, predictability, protection from physical harm, and ordered and structured environment, freeedom from anxiety, etc. These are fundamental survival matters. Belongingness: needs that include feelings of acceptance, opportunities for social interaction, friendship, affection, companionship etc. Esteem: needs that include feelings of adequacy, autonomy, self-respect, competence, achievement, status, recognition or appreciation of these characteristics by others. Self-actualisation: a desire to become everything that one is capable of becoming or to develop one's true potential to the fullest extent possible, the desire to do a good job, etc. Self-actualisation needs are the hardest of the 5 basic needs to define and attain. It is less a need, than a final development stage for an individual. As individuals, we are mot...
Sunday, March 8, 2020
Fire Writing - Reveal an Invisible Message
Fire Writing - Reveal an Invisible Message Use an invisible ink to leave a message. Reveal the message by touching a flame to the edge of the writing, causing it to burn away in smoldering flame. The paper is left untouched, except for the fire writing. Fire Writing Materials Potassium nitrate (available in stores or make it)WaterPaper (heavy, relatively absorbent paper works best, like parchment paper) Prepare Your Message Mix potassium nitrate into a very small amount of warm water to make a saturated potassium nitrate solution. It is fine if there is undissolved potassium nitrate.Dip a paintbrush, cotton swab, toothpick, fingernail, etc. into the solution and use it to write a message. You want to start the message or design at the edge of the paper. The lines of the message must be continuous since the fire will travel from the edge of the paper along the writing. You may wish to re-trace the message to make sure there is potassium nitrate on all parts of it.Allow the paper to dry completely. Your message will be invisible, so I hope you know where it started!Touch the edge of the paper, where the invisible message started with the flame of a lighter. The message will ignite and burn in smoldering fire until it is completely revealed. If you were careful only to light the edge of the message, the rest of the paper will remain intact. Disclaimer: Please be advised that the content provided by our website is for EDUCATIONAL PURPOSES ONLY. Fireworks and the chemicals contained within them are dangerous and should always be handled with care and used with common sense. By using this website you acknowledge that ThoughtCo., its parent About, Inc. (a/k/a Dotdash), and IAC/InterActive Corp. shall have no liability for any damages, injuries, or other legal matters caused by your use of fireworks or the knowledge or application of the information on this website. The providers of this content specifically do not condone using fireworks for disruptive, unsafe, illegal, or destructive purposes. You are responsible for following all applicable laws before using or applying the information provided on this website.
Wednesday, February 26, 2020
Growth rates and inflation rate Essay Example | Topics and Well Written Essays - 750 words
Growth rates and inflation rate - Essay Example Increase in prices of commodities result into reduced purchasing power. It is vital to note that the impacts of inflation are not uniformly distributed but they are benefits to some while at the same time they are hidden costs to majority of consumers. For instance, during inflation, the prices of physical assets increase thus making the owners to enjoy increased value of their assets (Auernheimer 25). But on the other hand, individuals who are willing to purchase the assets will pay more. Another impact of inflation is that it results to erosion of real value of money. One of the key impacts of inflation is that it results into inefficiencies that affect the budgeting and planning strategies of a government and firms. Based on its effect of reducing the real value of money, inflation makes firms to incur profits and losses. Another effect of inflation is that it results into uncertainties in the consumerââ¬â¢s purchasing power. As a result, there is low demand of products the level of investment as well as saving decreases. Despite the negative implications of the inflation on the economy, a moderate inflation allows real wages to decrease even if nominal wages are not changed resulting to equilibrium in the labor market. According to Robert Mundell theory, a moderate inflation allows savers to increase their amount of savings in order to have adequate funds to finance future activities. Through the increased saving, money is supply is put under control thus creating an economic equilibrium Conclusion In their efforts to regulate money supply, central banks emulate various microeconomic policies. These include open market operations, increasing or decreasing the rate on interest, discount rates and bank reserves among others. In cases the money in circulation increases to uncontrollable level, inflation results. Similarly, from the above discussion, it is clear that based on the
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