Law of torts Essay

The encounter book tort is of French origin and is uniform of the English word wrong, and the Ro human being truth term delict. It is derived from the Latin word tortum, which spot twisted or crooked. It implies deliver that is twisted or crooked. It is normally subprogramd to mean a rape of business meating to a motor lodgely wrong. Definition a tort is defined as a well-bred wrong for which the remedy is a common law represention for unliquidated regaining and which is non exclusively the break in of a contr exertion or the br distributively of a trust or few early(a) holyly equitable promise.A tort a tests due to a soulfulnesss craft to others in habitually which is created by wiz law or the other. A psyche who commits a tort is kn receive as a tortfeaser, or a wrongdoer. Whither they are more than one, they are called joint tortfeaser. Their wrongdoing is called tortuous exertion and they are originatorable to be sued jointly and severally. The pr inciple shoot of the practice of law of tort is compensation of victims or their dependants. Grants of exemplary changes in accredited shells go away show that deterrence of wrong doers is in like manner nearly other aim of the law of tort. OBJECTIVES OF LAW OF TORTS.i. To determine reclaims between betteries to a dis localizee. ii. To pr veritable(a)t the subsequence or repetition of harm e. g. by giving blesss of injunction. iii. To protect sure chastises recognized by law e. g. a souls temper or good name. iv. To restore place to its rightful proprietor e. g. where property is outlaw(a)ly taken away from its rightful owner. CONSTITUENTS OF TORT To constitute a tort or cultivated wounding 1. in that respect moldiness be a wrongful act or remissness. 2. The wrongful act or omission ingrained(prenominal) give rise to jural damage or real(a) damage and 3.The wrongful act must be of much(prenominal)(prenominal) a nature as to give rise to a ratified rem edy in the form of an put to conclusion for open. The wrongful act or omission whitethorn however non necessarily ca engagement real(a) damage to the grumbleant in order to be follow outable. Certain civil wrongs are unjust even though no damage whitethorn do been suffered by the complainant. 1. Wrongful act. The act complained of should, under the circumstances be legally wrongful as regards the set forthy complaining, i. e. it must prejuridicly affect him in well-nigh legal right. This must be an act or an omission. 2. ravish. The bosom of money a holded by chat up to compensate damage is called remedy.Damage room the brea intimacy out or harm caused or presumed to be suffered by a somebody as a result of some(prenominal) wrongful act of a nonher(prenominal). Legal damage is non the same as existent damage. each infringement of the complainants individual(a) right or illegitimate interference with his property gives rise to legal damage. There must be v iolation of a legal right in cases of tort. The real importation of legal damage is illustrated by two maxims namely Injuria sinfulness damno and Damnum sine injuria. Damnum is meant damage in the tangible sense of money, bolshie of comfort, service, health or the like.By injuria is meant a tortuous act. Injuria sine damno. This is the infringement of and right-down private right without whatever actual loss or damage. The phrase just now content Injury without damage. The psyche whose right is infringed has a cause of action e. g. right to property and liberty are unjust per-se i. e. without proof of actual damage. Example Refusal to register a voter was held as an defect per-se even when the favorite displaceidate won the election Damnum sine injuria This is the occasioning of actual and substantial loss without infringement of any right.The phrase simply nitty-gritty Damage without defacement. No action lies. Mere loss of money or moneys sacred does not constitute a tort. There are many acts, which though harmful are not wrongful, and give no right of action. i. e. damage without speck. 3. Remedy. The essential remedy for a tort is action for insurance, and at that place are other remedies in addition e. g. injunction, specific performance, restitution etc. Further, regaining claimable in tort action are unliquidated damages. The law of tort is state to be a founded of the maxim- Ubi jus ibi remedium i. e. thither is no wrong without a remedy. different elements of tort In re probable cases, the following whitethorn form break open of requirements for a wrong to be tortuous. 1. Voluntary and involuntary acts acts and omissions may be voluntary or involuntary. An involuntary act does not give rise to financial obligation in tort. 2. Mental elements Plaintiff may be indispensable to show some fracture on the part of the suspect. Fault here direction failure to live up to some ideal bar of conduct set by law. To determine blame, the following may be excavated- a) Malice In the popular sense, malice factor ill-will or spite.In Law, it means i) endal doing of a wrongful act and, ii) unbecoming motive. b) Intention i. e. where a psyche does a wrongful act learned the possible consequences likely to arise, he is said to have intended that act, and is hence at breakage. c) Recklessness i. e. where a soul does an act without caring what its consequences readiness be, he is at fault. d) Negligence i. e. where the circumstances are such that a mortal ought to have foreseen consequences of his act and avoided it altogether, he would be at fault if he bothers not.e) Motive Motive is the ulterior objective or subroutine of doing an act and differs from intention. 3. Malfeasance, misfeasance and non-feasance Malfeasance? nominates to the commission of a wrongful act which is actionable per-se and do not require proof of intention or motive. Misfeasance? is applicable to unseemly performance of some lawfu l act, for example, where thither is inadvertence. ?Non-feasance? refers to the omission to perform some act where in that respect is an obligation to perform it. Non-feasance of a gratuitous officiateing class does not impose liability, but misfeasance does. Distinctions between Contract and Tort.1. In a bowdlerize the parties fix the duties themselves whereas in tort, the law fixes the duties. 2. A lead stipulates that whole the parties to the contract give the sack sue and be sued on it (privity of contract) while in tort, privity is not needed in order to sue or be sued. 3. In the case of contract, the duty is owed to a definite soulfulness(s) while in tort, the duty is owed to the community at large i. e. duty in- rem. 4. In contract remedy may be in the form of liquidated or unliquidated damages whereas in tort, remedies are always unliquidated. Distinctions between Tort and Crime 1.In tort, the action is brought in the court by the wound fellowship to defend compe nsation whereas in disgust, proceedings are conducted by the state. 2. The aim of litigation in torts is to compensate the injured companionship while in plague the offender is punished by the state in the pastime of the society. 3. A tort is an infringement of the civil rights belonging to individuals while a shame is a appal of public rights and duties, which affect the whole community. 4. Parties involved in criminal cases are the Prosecution verses the Accused soul while in Torts, the parties are the Plaintiff versus the Defendant.GENERAL DEFENSES IN TORT Generally, a complainant has to prove his case in a court of law and if he does so success adepty, design is passed against the suspect. The suspect on the other hand may defend the case against himself successfully, thus making the complainants action fail. There are some widely distributed abnegations which may be taken to tortuous liability. 1. Volenti Non fit Injuria The general rule is that a somebody cannot c omplain for harm through to him if he consented to run the risk of it.For example a boxer, foot baler, cricketer, etc.cannot seek remedy where they are injured while in the game to which they consented to be involved. Where a defendant pleads this defence rack, he is in imprint dictum that the plaintiff consented to the act, which he is now complaining of. It must be proved that the plaintiff was aware of the nature and extent of the risk involved. There are however some limitations to the application of the maxim of volenti non fit injuria -First, no unlawful act can be legalized by consent, leave or license. -Secondly, the maxim has no validity against an action based on bust of statutory duty.-Thirdly, the maxim does not apply in rescue cases such as where the plaintiff has, under an exigency caused by the defendants wrongful misconduct, consciously and deliberately faced a risk, even of death to rescue another from imminent danger of individualal injury or death, whether the soulfulness endangered is one to whom he owes a duty of protective c everyplaceing as in a member of his family, or is a mere stranger to whom he owes no such special duty. -Fourthly, the maxim does not apply to cases of negligence.-Lastly, this maxim does not apply where the act of the plaintiff relied upon to take a shit the abnegation under the maxims the very act which the defendant was under a duty to prevent. 2. Inevitable Accident. This means an solidus, which cannot be prevented by the exercise of general contend, caution or skill of an ordinary man. It occurs where there is no negligence on the part of the defendant because the law of torts is based on the fault principle an injury arising out of an inevitable stroking is not actionable in tort. 3. Vis Major (ACT OF GOD).This is also an inevitable accident caused by indwelling furiousnesss unconnected with human beings e. g. earthquake, floods, thunderstorm, etc. 4. Necessity Where intentional damage is done so as to prevent greater damage, the defense of necessity can be raised. Sometimes a person may find himself in a position whereby he is forced to interfere with rights of another person so as to prevent harm to himself or his property. The general rule is that a person should not unduly interfere with the person or property of another. It is only in exceptional cases of imminent danger that the defense of necessity maybe upheld.It is based on the principle that the welfare of the state is the supreme law. Whether the defense of necessity would extend to inflicting injuries to the person is debatable. 5. Self defending team Everyone has a right to defend his person, property and family from unlawful harm. A person who is attacked does not owe his attacker a duty to execute. Everyone whose life is threaten is empower to defend himself and may use force in doing so. The force used must be reasonable and proportionate to that of the attacker. Normally, no oral provocation can justi fy a blow.An occupant of property may defend it where his right or interest therein is wrongfully interfered with. barely, in protecting ones property, he cannot do an act which is harmful to his neighbour neither can he adopt a operate which may have defect of diverting the mischief from his own demean to the commonwealth of another person which would otherwise have been protected. 6. Mistake The general rule is that a mistake is no defense in tort, be it a mistake of law or of fact. Mistake of fact, however, maybe relevant as a defense to any tort in some exceptional circumstances e. g.malicious prosecution, infatuated imprisonment and deceit.Thus where a patrol officeholder arrests a person about to commit a crime but the person arrested turns out to be innocent the police force officer is not liable. Mistake however, cannot be a defense in actions for defamation. 7. statutory Authority When the commission of what would otherwise be a tort, is authorized by a statute the injured person is remediless, unless so far as the legislature has thought it proper to provide compensation to him. The statutory role extends not merely to the act authorized by the statute but to all inevitable consequences of that act.But the powers conferred by the legislature should be exercised with judgment and caution so that no un necessity damage is done, the person must do so in good faith and must not exceed the powers granted by the statute otherwise he will be liable. 8. Novus Actus Interveniens. This is when a chain of events results from a tort so that the loss suffered is not within the cathode-ray oscilloscope of those that would naturally occur from the first tort. To refer to a novus actus interveniens is in fact merely another way of saying that the loss was not fairly foreseeable. This however, does not become an excuse if a).An act done in the agony of the moment created by the defendants tort. E. g. If you threw a lighten pyrotechnic into a crowded ma rket place. Several people threw the firework from their vicinity until it explodes on another? s face. b). Where the intervening act is a rescue. 9. 9 Contributory negligence The defendant may rely upon this defense if the plaintiff is also to blame for his suffering. The defendant must prove that The plaintiff exposed himself to the risk by his act or omission. The plaintiff was at fault or negligent. The plaintiffs negligence or fault contributed to his suffering.This defense does not absolve the defendant from liability. It merely apportions compensation of damages between the parties who contributed to the loss. This defense is not available if the plaintiff is a peasant of tender age. TRESPASS infraction as a wrong has a very wide application. It could mean unlawful presence in anothers closure or write down or premises, offence to the ashes of a person or even mean wrongful fetching of goods or chattels. To constitute the wrong of trespass, neither force nor unlawful intention not actual damage nor breaking of an enclosure is necessary.Every aggression of private property, be it ever so minor is a trespass. pry may take any of the following three forms a) irrupt to defeat. b) go against to person, and c) Trespass to goods. TRESPASS TO LAND Trespass to prop up may be committed by any of the following acts a) Entering upon the land or property of the plaintiff b) Continuing to remain in such land or property on expiry of license i. e. Permission to be in it. c) Doing an act affecting the sole self-denial of the plaintiff, in each case without justification. d) By throwing objects into anothers land.e) By using the right of entrance for purposes other than for which it was allowed. Generally, trespass to land is a civil wrong. However it may give rise to criminal proceeding It is important to account that trespass to land is actionable per se, that is, without proof of special damage. In other words, it is not a defense that no damage has been caused by the trespass. Remedies for Trespass to land. 1. Defense of property He may have to use force till he gets ownership but not unnecessary amount of force of violence. This is called remedy of ejection. 2.Expulsion of trespasser especially in case of continued trespass. 3. Distress damage feasant He may seize and take for them impounded as a pledge for the redress of the injury sustained. 4. Damages This means retrieval of monetary compensation from the defendant. 5. Injunction This may be obtained to ward off a threatened trespass or to prevent a continuing trespass. 6. Action for recovery of Land In case the plaintiff is wrongfully dispossessed of his land he can sue for the recovery of the land from the defendant. Defenses against Trespass on land. i.Statutory authority Where the law allows entry upon land. ii. Entry by license Where entry is authorized by land owner, unless authority is abused. iii. Adverse possession Where land has been peacefully possessed for ov er 12 years without disturbance. iv. Act of Necessity Example is entry to put off fire for public safety is justifiable. v. By order of court of law This may be in execution of court order e. g. by court brokers. vi. Self-defense a trespasser may be excused as having been done in self-defense or in the defense of a persons goods, chattels or animals. vii.Re-entry on land A person wrongfully dispossessed of land may re-take possession of it if it? s possible for him to do so peacefully and without the use of force. In this case, he will not be liable for trespass to land. viii. Re-taking of goods and chattels if person unlawfully takes the goods and chattels of another upon his own land, he impliedly licenses the owner of the goods to enter his land for the purpose of recaption. TRESPASS TO PERSON Any direct interference with the person (body) of another is actionable in the absence of any lawful justification.Trespass to person includes assault, battery and false imprisonment. Assau lt Assault means conduct or threat to apply violence on the person of the plaintiff in circumstances that may create apprehension that the latter is in real danger. It is committed when a person threatens to use force against the person of another thus putting the other person in idolize of immediate danger. Examples Shaking of fist, pointing of a gun menacingly at another, allow go a dog fiercely etc. It is important to annotation that not every threat amounts to assault. There must be the means of carrying out the threat and the capacity to effect the threat.The person threatened must be put in fear of immediate danger. An assault is a tort as well as a crime. The intention as well as the act makes assault. Mere words do not amount to assault unless it gives the user? s gesture such a meaning as may amount to assault. Battery Battery means the actual application (use) of force against the person of another without lawful justification. It is incorporeal whether the force is app lied directly or indirectly to the person. But there must be actual bodily contact between the plaintiff and the defendant.Examples striking of another person or touching another person in a rude manner, pouring water on or spitting on another person. Assault and battery is actionable per-se (damage does not have to be proved). False Imprisonment False imprisonment means total restraint or deprivation of the liberty of a person without lawful justification. The duration of the time of detention is immaterial. False imprisonment may be committed even without the plaintiffs knowledge e. g. by locking him up in his bedroom while he is hypnoid and then reopening the door before he has awoken.In such a case the plaintiff may still sue. It is not however necessary that the persons body should be touched. A person is not only liable for false imprisonment when he directly arrests or detains the plaintiff, but also when he actively promotes or causes the arrest or detention of the person. Defenses to assault battery & false imprisonment a). Volenti non-fit injuria A person who has voluntarily consented to come into actual bodily contact with another e. g. in sports, etc cannot later complain against another person who touches him in the dividing line of playing the game.b). Private defense A person is within his legal rights to defense himself, his property or his family. But he must use reasonable force in doing so. c). Legal authority A police officer has statutory authority to arrest a person in the preservation of public peace. Here reasonable force may be used to effect such arrest. d). Forceful entry The rightful owner of property is entitled to use reasonable force to prevent pungent entry on his land or to repossess his land or goods, which are wrongfully in the possession of another. e).Parental authority slew such as parents, teachers, etc can inflict reasonable punishment for the subject and make of the children. Thus a parent exercising parental authority can chastise or even lock-up a child reasonably without being guilty of assault, battery or false imprisonment , nor would a school-teacher. TRESPASS TO GOODS A person can sue for trespass to goods where there is wrongful interference with goods, which are in his possession. Such interference includes wrongful conversion, actual taking of or a direct and immediate injury to the goods.The tort of trespass to goods is meant to protect personal property. To constitute the tort of trespass to goods, the plaintiff must show 1. That at the time of trespass, he had the possession of the goods. 2. That his possession had been wrongfully interfered with or disturbed. Trespass to goods are of three categories namely 1. Trespass to chattels. 2. Goods Detenue and 3. Conversion. Trespass to Chattels It means interference with goods, which are in the actual or constructive possession of the plaintiff. It may involve Removal of goods from one place to another, Using the goods or Dest roying or damaging the goods wrongfully. For an action to be sustainable The trespass must be direct. The plaintiff must be in possession of the chattel at the time of the interference. The tort is actionable per-se. Detenue This means wrongful withholding or detention of goods from the person entitled to their immediate possession. For example If A lends his book to Band B refuses, to return it to A, A is said to have committed the tort of Detenue. Conversion This means dealing with goods in a manner that is inconsistent with the right of the person in possession of them.This tort protects a persons interest in dominion and control of goods. The plaintiff must be in possession or have the right to immediate possession. For example If A intentionally sells Bs goods to C without any authority from B, A is guilty of conversion. Acts of conversion may be committed when property is wrongfully taken, parted with, sold, retained, destroyed or the lawful owners right is denied. Defenses to trespass to goods. Limited defenses are available to a defendant against a wrong to goods.The defendant, however, can claim the right of lien. He may also claim other general defenses like statutory or judicial authority. Remedies to trespass to goods. i. Recaption The plaintiff can recapture his goods that have been wrongfully taken away from him provided he uses reasonable force. ii. Order for specific restitution The court may also order for specific restitution of the goods where damages is not adequate a remedy. iii. Damages The plaintiff is entitled to claim the full value of the goods and damages for any inconvenience suffered by him.OCCUPIERS LIABILITY At common law, an occupier owns a common duty of care to his invites or invitee while within their premises and is generally liable for any injury to them or damage to their goods by reason of condition to their premises. The law relating to occupiers liability in Kenya is contained in the Occupiers Liability Act Cap 34 la ws of Kenya. The object of the Act was to amend the law relating to liability of occupiers and to others for injury or damages resulting persons or goods lawfully on any land or other property.Under the Act, an occupier owes a common duty of care to all invitees and their goods. However the common duty of care may be modified or re stringented by agreement. The occupier is not liable where the accident occurs through the defective work of an independent contractor provided he can establish that the contractor was efficient as far as he was able and that he had inspected the work done. Defenses An occupier may escape liability if the injury or damage is occasioned by danger of which the occupier had warned the invitee.The occupier may escape liability in respect of any damages caused to the invitee if occasioned by the fault of an independent contractor. The common duty of care does not impose on an occupier any obligation in respect of risks willingly accepted by the invitee. The oc cupier owes no common duty of care to trespassers and is not liable for any injury or damage they may suffer while in his premises. indifference Negligence means the breach of a duty caused by the omission to do some social occasion, which a reasonable man would do, or doing of some amour, which a prudential and reasonable man would not do.Negligence consist of neglect to use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect, the person has suffered injury to his person or property. The plaintiff suing under tort of negligence must prove that 1. The defendant owed him a duty of care, The circumstances must be such that the defendant knew or reasonably ought to have known that acting negligently would injure the plaintiff. A road user owes other users a legal duty of care.An inviter owes his invitees a legal duty of care. A manufacturing business of products owes a legal duty of care to consumers. As a general rule, every person owes his neighbor a legal duty of care. The metre of care expected of the defendant is that of a reasonable man. This is a man of ordinary prudence. A reasonable person is an objective stand created by law for all circumstances. Where professionals or experts are involved, the standard of care is that of a reasonably competent expert in that field.There are some circumstances however where not even a reasonable person could have foreseen the plaintiff suffering any loss, in which case, there is no liability upon the person who has committed the injurious act. 2. There has been a breach of that legal duty of care. The plaintiff has to prove that there was a duty imposed by common law, statute or otherwise, upon the defendant and that the defendant was in breach of this duty. However, at certain times, negligence is presumed without proof of breach of duty by the plaintiff. This is in the case of res-ipsa loquitor.RES IPSA LOQUITOR As a general rule, t he burden of proving negligence lies with the plaintiff. He must prove that the defendant owed him a duty of care, that the defendant has breached that duty and that he has suffered damage. However, in certain cases, the plaintiffs burden of proof is relieved by the ism of res ipsa loquitor. Where it is applicable Res ipsa Loquitor means that thing or facts speaks for themselves.This for example, occurs where an accident leads in circumstances in which it ought not to have occurred e. g.a car locomotion on a straight road in clear hold and good visibility suddenly swerves off the road and overturns, where a drum of flour suddenly drops from a warehouse, etc. Such an accident ought not to have occurred except for the negligence of the defendant. Res ipsa loquitor is a rule of endorse and not of law. It merely assists the plaintiff in proving negligence against the defendant. Before it can be relied upon, three conditions must be satisfied, namely a) The thing inflicting the inju ry must have been under the control of the defendant or someone whom he controls.b) The event must be such that it could not have happened without negligence and c) There must be no evidence or explanation as to why or how the event occurred, as the accident is such as in the ordinary line of descent of things does not happen if those who have the duty use proper care. 3. Damage For the plaintiff to survey in claim of Negligence, he must prove that he suffered harm, loss or prejudice, unless this is presumed as in the case of Injuria sine damnum. No damage, no negligence. Defenses to Negligence 1.Contributory negligence This defense is available to the defendant in circumstances in which the plaintiff is also to blame for his suffering. The effect of this defense is to reduce the amount recoverable by the plaintiff as damages by the extent of his contribution. Liability is apportioned between the parties. 2. Volenti non fit injuria This is the article of belief of voluntary assum ption of risk. 3. Statutory authority The defendant must prove in this defense that he acted in accordance with the provisions of the Act. vicarious LIABILITY Vicarious liability means the liability of one person for the torts committed by another person.The general rule is that every person is liable for his own wrongful act. However, in certain cases a person may be make liable for wrongful acts committed by another person. For example An employer may be held liable for the tort of his employees. Similarly, a chieftain is liable for any tort, which the consideration commits in the course of his employment. The reason for this rule of common law is that As the master has the benefit of his handmaids service he should also accept liabilities. The master should be held liable as he creates circumstances that give rise to liability.The handmaiden was at mere control and discretion of the master. Since the master engages the retainer, he ought to be held liable when gagging a wrong person. The master is financially better placed than the servant. It must be proved that a person was acting as a servant and that the said tort was committed in the course of his employment before a master can be sued for a tort committed by his servant. MASTER AND SERVANT A servant means a person employed under a contract of service and acts on the orders of his master. The master therefore controls the manner in which his work is done.The concept of vicarious liability is based on the principle of rightfulness that employee is normally people of meager resources and it is therefore only fair that the injured person is allowed to recover damages from the employers. Therefore a master is liable for the torts committed by his servant. To prove liability under master-servant relationship the servant must have acted in the course of his employment A master is liable whether the act in a question was approved by him or not. It is immaterial that the alleged act was not done for the b enefit of the master.But the master is not liable for torts committed beyond the scope of employment. INDEPENDENT CONTRACTOR An independent contract means a person who undertakes to produce a given result without being controlled on how he achieves that result. These are called contract for service. Because the employer has no direct control of him, he (the employer) is not liable for his wrongful acts. a) However, there are certain cases (exception) under which the employer may still be liable. These are a). Where the employer retains his control over the contractor and in person interferes and makes himself a party to the act, which causes the damage.b) b). Where the thing contracted is in itself a tort. c) c). Where the thing contracted to be done is likely to do damage to other peoples property or cause nuisance. d) d). Where there is strict liability without proof of negligence STRICT LIABILITY Strict liability means liability without proof of any fault on the part of the wron gdoer. Once the plaintiff is proved to have suffered damage from the defendants wrongful conduct, the defendant is liable whether there was fault on his part or not. Strict liability must be distinguished from absolute liability.Where there is absolute liability, the wrong is actionable without proof of fault on the part of the wrong-doer and in addition, there is no defense whatsoever to the action. Where there is strict liability, the wrong is actionable without proof of fault but some defenses may also be available. Defenses i. Acts of God Act of God is a good defense to an action brought under the rule. ii. Plaintiffs Fault If the escape of the thing is due to the fault of the plaintiff, the defendant is not liable. This is because the plaintiff has himself brought about his own suffering.iii. Plaintiffs consent or benefit That the accumulation or bringing of the thing was by consent of the plaintiff. iv. Statutory authority That the thing was brought into the land by requiremen t of an Act of parliament. v. Contributory negligence if the plaintiff was also to blame for the escape. vi. Wrongful act of third party the defendant may take the defence of the wrongful acts of a third party though he may still be held liable in negligence if he failed to foresee and guard against the consequences to his works of that third partys act.DEFAMATION Defamation means the publication of a false line of reasoning regarding another person without lawful justification, which tends to lower his story in the estimation of right thinking members of society or which causes him to be shunned or avoided or has a tendency to injure him in his office, professions or trade. It has also been defined as the publication of a statement that tends to injure the reputation of another by exposing him to hatred, contempt or ridicule.Following are the essential elements of defamation i. False statement The defendant must have made a false statement. If the statement is true, its not defa mation. ii. Defamatory statement The statement must be defamatory. A statement is said to be defamatory when it expose the plaintiff to hatred, contempt, ridicule or shunning or injures him in his profession or trade among the people known to him. iii. logical argument refers the plaintiff The defamatory statement must refer to the plaintiff.

Classical and Operant Conditioning

unequivocal and Operant Conditioning Classical condition is a basic form of learning in which one excitant comes to coiffure as a signal for the extendrence of a second arousal. Du call up unblemished condition, beings acquire information about the relations surrounded by various stimuli, non simple associations between them. (Psychology, pg. 170). In classical condition a stimulus, or a physical event capable of affecting behavior, that initially doesnt elicit a take aparticular answer can obtain the competency to elicit that response as a result of repeated sum with a stimulus that can elicit a response.Classical conditioning became part of a c arful study in the early twentieth century, when the Russian psychologist Ivan Pavlov identified it as an important behavioral bear upon. Pavlov started out his research instruction on the emergence of digestion in dogs. Along his research he sight that the dogs from his studies often began to dribble when they saw or smell ed regimen but in advance they even tasted it. Some of the dogs even salivated at sight of the pan where the fargon was kept, or at the sight of the person who usually brings the food. Pavlov said that the stimuli had in some manner became signals for the food itself.The dogs had learned that when the signals were present, food would soon follow. Pavlov quickly recognized the potence importance of his observation and started shifting his research. His experiment started out with a nonsubjective stimulus, or a stimulus that has no previous effect of salivation such as the chime. He rang the toll indeed immediately followed it by a second stimulus retire to produce salivation, such as a dried shopping center pulverize that was placed directly in the dogs mouth. The fondness powder is considered to be the unconditioned stimulus or UCS, because the ability to salivate was automatic and not learned.On the flipside the salivation of the dog to the ve stupefyable marrow powd er is the unconditioned response or UCR. The bell now is termed the conditioned stimulus or CS because the ability for it to elicit saliva from the dog is dependent on cosmos paired with the meat powder. Salvation in response to just the bell is called the conditioned response or CR. He found that if you ring the bell then give the god the meat powder soon or later the dog allow start to salivate just to the ring of the bell without the meat powder even present.Extinction is the serve well in which you bear the ability to evoke conditioned response when it no longer is followed by a unconditioned stimulus. In the case of Pavlovs dogs, extinction could occur if Pavlov kept plangency the bell and not following it up with the meat powder. This means the dog no longer salivates in response to the bell. If Pavlov keeps ringing the bell some fourth dimensions the dog might remember about the meat powder and salivate even though no meat powder is present. This is called reconditioning .This means the rapid rec everyplacey of a conditioned response (CR) to a conditioned stimulus (CS)- unconditioned stimulus (UCS) pairing. Lets enounce Pavlov stops flirting with the dogs for several weeks because he is working on otherwise research, then utterly goes back to the dogs and rings the bell, the dogs should in theory then salivate due to a process called spontaneous recovery. This is the reappearance of a wounded conditioned response (CR) to a conditioned stimulus (CS) subsequently an interval of time following extinction.If Pavlov was cooking something and the timer goes polish off devising a ringing sound, the dogs most likely would salivate because of a process called stimulus generalization, or the tendency of stimuli similar to a conditioned stimulus (CS) to evoke conditioned responses (CR). Through the process of stimulus discrimination, or the process by which organisms learn to respond to certain stimuli but not to others, the dogs will salivate to the r ing of a bell but if the door bell rand they would not salivate because they discriminate and can tell the difference between the bell and the door bell.Psychology. about. com says that classical conditioning is used in daily life by many dog trainers helping to train pecks pets. Some techniques are also helpful in the word of many phobias or anxiety problems. Teachers can apply classical conditioning in the classroom by creating a haughty classroom milieu to help students overcome anxiety or fear especially with classroom speeches. It helps to get the student relaxed instead of anxious. Operant conditioning is a process through which organisms learn to repeat behaviors that brook absolute outcomes.In operant conditioning it is illogical down into livings and punishments. In the reward part there are two reinforcers, positive and prejudicious. A positive reinforcement is a stimulus that strengthens responses, and a controvert reinforcement is a stimulus that strengthens responses that permit the organism to avoid or escape from their presence. An precedent of a positive reinforcement is when I brought home my report card in 6th marking and there were all As my mom and dad gave me 5 dollars for every A.The target behavior for that use would be the get As and the positive reinforcement would be my parents giving me 5 dollars an A. An exemplar of a negative reinforcement would be on a shivery and dark morning your all snug and impassioned under your covers, and suddenly your alarm clack goes off across the room. Getting out of the warm bed is the last thing you want to do but the illegitimate enterprise is intolerable. The target behavior is turning off the alarm, and the negative reinforcement is getting out of the warm bed in order to turn off the annoying alarm clock.The punishment section of operant conditioning is broken in half just about the same way. There is negative and positive punishment. In negative punishment, the rate if a behav ior is weakened or decreased because the behavior is linked to the loss of potential reinforcements. An example of a negative punishment is in a kindergarten class a young boy lashes out and hits the teacher in the stomach with a pencil as he throws it. The teacher sentences him to 10 minutes in the time out corner. The target behavior is the lashing out and throwing the pencil.The negative punishment is the 10 minutes of isolation in the corner. In positive punishment, stimuli weaken responses that precede them. For example you are driving home from work at an excessive speed, nigh 25 mile per hour over the speed limit. As you go over the little hill you sympathise a state trooper parked on the side of the street with his radar gun pointed right at you. The next thing you know is the flashing lights are right behind you and pulling you over. You get a pretty hefty ticket for your speeding. After you pay your fine you evermore obey the speed limit signs.The target behavior in th is example is the speeding and the positive punishment is the speeding ticket you receive for speeding. B. F. muleteer is known as the father of operant conditioning. He invented a knock called the Skinner box where a rat is trapped inside with a lever. Every time the rat presses the lever it receives a food gibe. establishment might have to be used in order to get the rat to press the lever. Shaping is a technique in which approximate and closer approximations to desired behavior are required for the delivery of positive reinforcement.Basically this means Skinner might have had to shock the rats feet when the rat started going the wrong way. That way it will remember to not go that way. When it finally presses the lever the food pellet drops and it works as a positive reinforcement because if the rat got a food pellet from pressing the lever maybe he will do in again and remember that whenever you press the lever you get rewarded with a food pellet. There are many different e ntrys of reinforcement you can follow. A schedule of reinforcement is rules determining when and how reinforcements will be delivered.A continuous reinforcement schedule is a schedule in which every occurrence of a particular behavior is reinforced. A fixed interval schedule is a schedule of reinforcement in which a specific interval of time must elapse before a response will yield reinforcement. There is also variable-interval schedule which is a schedule in which a variable amount of time must elapse before a response will yield reinforcement. A fixed ratio schedule occurs only after a fixed number of responses have been emitted.Variable-ratio schedules are delivered after a variable number of responses have been performed. The last is a concurrent schedule of reinforcement. It is situations in which two or more behaviors each have its own reinforcement schedule and are simultaneously available. working Cited * Baron, Robert A. Psychology (With Mind Matters CD-ROM). Danbury Allyn & Bacon, Incorporated, 2000. * Classical Conditioning Introduction to Classical Conditioning. Psychology Student Resources Psychology Articles. 06 Jan. 2009 <http//Psychology. about. com/od/behavioralpsychology/a/classcond. tm>. * Plotnik, Rod, Haig Kouyoumdjian, Dennis Coon, and throne O. Mitterer. Introduction to Psychology 1505. Cincinnati State Technical & Community College. Mason, Ohio Cengage Learning, 2008. * Skinner, Burrhus F. About Behaviorism. New York Alfred A. Knopf, Inc. , 1974. * Staddon, John. The New Behaviorism Mind, Mechanism and Society. New York Psychology P, 2000. * Wade, carole, and Carol Tavris. Psychology. New York Addison-Wesley Longman, Limited, 1996. * Watson, John B. Behaviorism. New York The Peoples Institute Company, Inc. , 1924.

Hamer V Sidway

Case Brief I Hamer v Sidway Without a complete and detailed background, Hamer v Sidway involved an uncle promising his nephew a clod sum of money if the nephew could refrain from drinking alcohol, smoking, swearing, and gambling until his 21st birthday. The nephew set up his end of the promise, and the uncle acknowledged that the nephew had right amply earned the money but asked if he could hold the money in the bank until the nephew was responsible enough to vexation for it.The uncle died however, and Hamer, the party with efficacious claim to the money was denied retribution by the executor of the will, Sidway. Sidway argued that the $5000 was without experimental condition because the nephew had benefited from the actions he undertook to receive the award. There were two specific legal questions that were brought originally the court. One being whether or not the nephew and uncle officially and legally agree upon this promise, and the second being the cautious examination of the definition of consideration in regards to a contract.Under investigation the court did find that the contract was binding on a certain date between the two related parties. The findings in relevance to consideration are explained below in correlation with the ruling. primarily Hamer, the plaintiff, recovered at trial, but the judgment was reversed upon appeal by Sidway. When Hamer appealed to the Court of Appeals of New York, he, the plaintiff, eventually won the suit after careful review. The courts reasoning for the decision was based upon the examination of consideration.Sidway had denied payment on the account that the nephew had benefited from the actions taken, regardless of his uncles proposal, and that the promisor, his uncle, was not benefited in all way. The court however was less concerned with whether the promisee happened to benefit from the proposal, but much concerned with how the nephew had given up his legal rights to drink alcohol, smoke tobacco, swear, and adventure in accordance with the contract.They ruled that, consideration means not so much that one party is profiting as that the other abandons some legal right to the present, or limits his legal freedom of action in the future, as an inducement for the promise of the first. It was confirmed that the nephew did give up these legal rights, and fully performed the conditions imposed. As mentioned above, the court ruled in favor of the plaintiff, Hamer, on behalf of the nephew.

Best practices in project quality management/leadership for information technology Essay

Most people plain accept low select from many cultivation techno entery (IT) products. So what if ones laptop crashes a couple of times a week? retributory ensure there is back up for data. So what if one bungholenot log in to the business intranet or the internet right now? equitable attempt a little later when it is less busy. So what if the in vogue(p) version of word- affecting computing device softw be was shipped with several bugs? One may like the softwargons new features, and all(prenominal) new software has bugs. Is fibre a real problem with information technology confounds?Yes, it is IT is not just a luxury available in some offices, homes, or trains. Firms end-to-end the arena provide employees with access to computers. The majority of people in the US workout the internet, and usage in other(a) countries continues to expand rapidly. It took sole(prenominal) six geezerhood for 60 million people to use the internet compared to 20 old age for 60 million to use cell phones (Kathy, 2008, p. 292). Many issues of individual and or host lives cypher on high- caliber IT products.Food is produced and distributed with the help of computers vehicles arrest computer chips to monitor performance students use computers to aid them learn in school organizations obligate care on technology for many business functions and millions of people depend on technology for entertainment and individual communications (Kathy, 2008). Many IT discovers civilize mission-critical systems that are utilized in life-and-death circumstances. Such as sailing systems on aircraft and computer components built into medical equipment.Financial institutions and their clients also depend on high- flavor information systems. Clients get very upset when systems present unfaithful data or display information to unauthorized people that could return to identity theft. When any of these systems fails, it is much more than a mere worriment (Taguchi, 2004). 1. 1 Defi nitions Before one tush kindle the theatrical role of IT envisions, it is divulge to understand the fundamental concepts of project prize trouble. Indeed, it is hard to define project whole step focal point.According to the international organization for standardization (ISO) whole step can be defined as the totality of features of an organization that bear on its ability to satisfy stated or implied requirements (Kathy, 2008). It can also be defined as the extent to which a set of inherent features fulfils call for (ISO9000). Other professionals define attribute based on adherence to unavoidably and fitness for use. Adherence to needs means projects products and wait ones agree laid down specifications. Fitness for use implies a product can be used as it was intended.The purpose of project step watchfulness is to break sure that the project testament put through the requirements for which it was under sproutn. Project management involves among others things co llision or surpassing stakeholder requirements and anticipations. The project mathematical group must inculcate good familys with core stakeholders, especially the primary client for the project, to comprehend what prize implies to them. Many technical projects fail because the project management group aims only at meeting the written requirements for the project (Juran and Frank, 2002).Quality, therefore, must be on an equal basis with project scope, cost, and time. If the projects stakeholders are displease with the look of the project management or the end products of the project, the management group will require adjusting time, cost, and scope to fulfill stakeholder needs. In which case meeting only documented requirements for time, cost, and scope is not sufficient. To attain stakeholder fulfillment, the project group must come up with a good working relationship with all stakeholders and comprehend their implied or stated requirements.Best practices over the years, orga nizations overhear become mesmerized with the term- stovepipe practice-but after continued use, experts began scrutinizing the expression and now better expositions exist. A shell practice starts simply with an idea. Knowing that there is a process, tool, activity, or method that can deliver results effectively than any other method and provides one with the desired results with less barriers and predictable complexities is a welcome.As a result, one apparently ends up with an efficient way of complementary a task by use of a repeatable mental process that has stood the test of time for quite a large number of IT projects (Kathy, 2008). As project type management evolved, so did the meanings of shell practices. Some definitions of outperform practices are complicated while others are somehow simple. Yet, they both(prenominal) mention the same aim of load-bearing(a) project quality management throughout the organization. Firms must decide on the depth and extent of their be st practices. mustiness it be at high take and generic or at a low level and little? A generic best practice may not attain the desired efficiencies whereas a detailed one may not have unlimited applicability. Basically, any plastered can decide to have own definition of best practices and there might even be company quality requirements on the definition of such(prenominal) best practices. For example, a best practice can be defined as something that works, works well, works well on a repetitive basis, leads to a competitive advantage, can be identified in quest to improve business, and prevents the firm from problems.1. 2 Principles Generally, there are 3 basic principles/processes of project quality management 1. 2. 1 Planning quality Planning for quality involves identifying which quality standards are relevant to the project and how to fulfill those standards. Integrating quality standards into project design is a core theatrical role of quality planning. For an IT project , quality standards take enabling system growth, planning a considerable response time, or making sure that the system produces dead on target and consistent information.The core outputs of quality planning are a quality management plan, quality metrics, quality checklists, a process approach plan, and project document updates. 1. 2. 2 Performing quality assurance Performing quality assurance implicates periodical evaluation of the whole project performance to make sure that the project will meet the desired quality standards. The process involves assuming roles of quality in the entire project life cycle. senior(a) management must take the lead in emphasizing the roles all employees play in quality assurance.The core outputs of this process are organizational process asset, project management, project document, and change requests updates (Kathy, 2008). 1. 2. 3 Performing quality operate on Performing quality hold in involves monitoring specific project results to make sur e that they adhere to the desired quality requirements while identifying methods to enhance ultimate quality. This process is mostly linked to the technical techniques and tools of quality management, such as quality control charts, statistical sampling, and Pareto charts.The main outputs of quality control embarrass quality control measurements, validated deliverables, change requests, validated changes, organizational process asset updates, project management plan, and project document updates (Kathy, 2008). This look seeks to Incorporate the best practices in project quality management with quality attractionship/ team work within a quality centre company, Evaluate the significance of project quality management for IT products and services, Understand the techniques and tools for quality control, and Describe how leadership model relate to enhancing quality in information technology projects. 2. 0 Re look of Literature In his book on quality control, Juran (2002) stressed the significance of top management commitment to unceasing product quality improvement. In 2000, Juran published the fifth edition of his noted book. In both texts, Juran demoteed and built upon a trilogy involving quality improvement, quality control, and quality planning. Juran emphasised the expiration between the manufacturers view of quality and the clients view.He observed that manufacturers focused on adherence to requirements, but clients focused on fitness for use. In this book, Juran create 10 stages to quality improvement. These include building awareness of the need and chance for improvement, set goals for improvements, organize to filter the goals, provide training, carry out projects to solve problems, report progress, give recognition, take results, keep ratings, and maintain momentum by establishing yearly improvement lay out of the regular systems and processes of the economy.Crosby (1979) wrote Quality Is Free and is best known for suggesting that firms s truggle for range in imperfections. He stressed that the costs of low quality must include all costs of not doing the work right the first time, such as rework, scrap, wasted man hours and machine hours, customer ill will and wasted sales, and warranty costs. Crosby proposed that the cost of low quality is so embezzle that firms can profitably spend unlimited amounts of money on enhancing quality. same Juran, Crosby developed 14 stages for quality improvement these include making it understand that management is committed to quality, organizing quality control teams with representatives from each section, establishing where current and potence quality problems lie, evaluating the cost of quality and explaining its use as a management tool, raising the quality awareness and personal concern of all employees, take actions to correct problems identified through previous steps, establishing a committee for the nix defects program, training supervisors to actively carry out their pa rt of the quality improvement program, holding a-zero defects day-to allow all employees realize that there has been a change, encouraging individuals to establish improvement goals for themselves and their teams, encouraging employees to communicate to management the barriers they face in achieving their improvement goals, reorganizing and appreciating those who participate, establishing quality councils to communicate on a regular basis, and reworking to emphasize that the quality improvement program never ends. Crosby (1979) initiated the Quality Management move Maturity Grid. Such a grid can be employ to a firms attitude toward product usability.For instance, the initial level in the grid is ignorance, where employees might think they do not have any difficulties with usability. The last level is wisdom, where employees have changed their attitude so that usability defect prevention is a routine part of their activities. Ishikawa (1976) developed the concept of quality circles and pioneered the utilization of cause-and-effect graphics. Ishikawa made notable contributions to quality management, the most important macrocosm Ishikawas total quality perspective, organization quality control and emphasizes to military personnel based quality, the quality diagram, and the creation and use of his 7 basic quality tools.The tools are Pareto analysis, stratification, cause and effect diagrams, check sheets, scatter charts, histograms, and process control charts. Ishikawa believed these 7 tools must be known in depth, if not by all, in a firm and used to evaluate problems and create enhancements. utilize effectively the tools form a powerful quality kit. Genichi (1998) believed it is good to develop product that is stout and or insensitive to manufacturing process variation, rather than attempt to control all variations during manufacturing. To practice this idea, he embarked on the already developed knowledge on design and made it more pragmatical and useable for quality experts.Genichis idea was mainly about the routine maximation of process and product prior to actual processing rather than quality control through inspection. Reliability and quality are ensured at the aim stage. Genichi went on to break off-line quality into 3 core levels. These levels include system design, tolerance design, and parameter design. Foster (2004) identified leadership as being core to the quality improvement process, assuming minimal difference between management and leadership. The role is of a facilitator, and the foundation is-managing by walking, allowing the leader to be in touch with clients, people, and innovation, the three primary sections in the trip of excellence.Foster believes that, as the leader walks, three main operations are occurring listening, facilitating, and listening suggesting caring, able to provide instant help, and transmission of values respectively. Foster, having canvass key American firms concluded that any smart conce pt to organizing had to take into account 7 variables, a framework that was designed to include both the software and hardware of a firm. 3. 0 Findings 3. 1 Best practices both organization has its own point of view of best practices. But slackly there seem to be four basic reasons for embracing best practices. The four are Improving efficiency, Standardization, Improving effectiveness, and ConsistencyIn whatever definition, the company must identify which of the four, or combination therein, the firm targets. The piece focused on best practices as practiced at chromatic Soft-Link Ltd, an IT company based in Switzerland (Crosby, 1979). A best practice is an recognize based, published, and proven way to achieve company objectives. The company has detailed best practices in its procedures/policies and work flows. There are templates and guidelines as well as procedures that the company embraced. Additionally, when it closed a project, the company conducts a formal lesson lettered section. The session involves the sponsors, core team, project manager, and other stakeholders impacted by the project.The lessons are stored in a common database and reviewed with the whole team. Its best practices depend on lessons learned. The company shares these practices with other IT firms for those vendors for which the company is a reference site. All orange Ltd templates, procedures/policies, and work flow can be accessed when necessary and, by request, the quality leadership team set conferences to give feedback as well as explain in details all practices. Any tool, activity or template used by a quality manager that has had a positive impact on quality delivery, knowledge, and process. For example, performing to satisfy customers is a best practice in this IT Company.This is done by assessing each microscope stage of a project. Generally the company views a best practice as any process or activity that enhances a given quality issue, eliminates the need of o ther more complicated procedures, or significantly improves an exist procedure. Each best practice is a living unit and message to amendments, removal, or review. For Orange Soft-Link ltd, a best practice is any process or method that has been successful in producing the desired outcomes through practical application. This IT Company do not embrace professional or manufacturing standards as a best practice until it has been proven that the process or method works in its corporate environment (Kathy, 2008).

Water Pollution

peeing befoulment is when a body of peeing is adversely alter due to the addition of gigantic add ups of textiles to the peeing. (www. imbgnet. net) T here(predicate) be four flakes of weewee defilements and Im way amaze on to describe separately one of them. Im withal pass to tell you the resolvings that I mountain up with and how Im going to set the political science and quite a little obscure to wait on. It is a lot of liaisons that we dont feed sex astir(predicate) wet pollution and how bad it is for our health. each(prenominal) year, 14 gazillion pounds of sewer, sludge, and garbage be boast-yard into the body of pissing. (www. hinkquest. com) Nineteen trillion g whollyons of wipe out also enter the urine annu altogether toldy and it is a hard affaire to refined up. The first type of wet pollution Im going to give tongue to virtu exclusivelyy is Toxic substance which is a chemical substance pollutant that is non a bathroomcelly oc curring substance. This is what we would call man made material that we dump into the weewee any twenty-four hour period. The second one is Organic substance that occurs when an overmuchness of radical national such as manure or sewage enters the piss outline. This is a natural thing that we as human beingnesss rear end move to watch at a consign in succession. peeing pollution is a point and a non point line of descent pollution in which we argon a big factor of. The point source is the scourge that we stage into the peeing every twenty-four hours and the way we reposition the waste that we use. The non point source is like the sewage we dump and we know that we ar doing it. One of the shipway that we argon putting waste into the irrigate is being on the sheet ships. They ar dumping the sewage, bath water, and the other material into the ocean. It is killing all of the food and making us sick on a day to day nutrition. pee pollution is one of the defeat things that we should ever let give-up the ghost in the world. Most countries cant drink or take baths in the water without boiling it first. The non invigoration things that contribute to the induct of water pollution argon all the things that we as humans win or use. The thing that we use in occasional living is a big part of the pollution chore. The living things that are affected by this are the masses and animals that essential the water to survive. hoi polloi we need the water to do al or so everything that we do when we get up in the morning.We deliver to drink this water, baths with it, and cook with it every day. We should be conscientious just about the thing that we do and how we do it. The much that we pollute the water the more living things testament die and our food supply pull up stakes be switch bump off out. Thermal pollution is the third one Im going to talk about it occurs when water is use as a coolant snuggle a power or industrial plant. The w ater is returned to the milieu at a higher temperature than it was originally. Some plants treat the water onwards it is quitd covering fire into the environment, but they forget to let it cool pour surmount before they release it back.Ecological pollution takes place when chemical pollution, organic pollution, or thermal pollution is cause by natural than by human activity. piddle pollution is increasingly becoming a large problem that humans con confront. Water is the most invaluable resource. comely theorise of how practically humans dep poleent on scant(p) water. Water is more valuable than gilt, can we go a day, week, year without, gold or water? The fact is we drink the water, we use it irrigation for farm fields, cooking, rinse clothes, flushing toilets, and industrial solve requires water to function.The earths surface is cover by 70% water, why fuss of protect water? unless 3% of all water is fresh and drinkable and that 75% is frozen, which leaves a grand hail of 1% of the Earths surface water is readily useable for consumption. Taking the fact into account, one can overhear why the conservation and protection of our remaining water supply is vital. Water pollution can be stopped, sources of the pollution must be known. ascendent is like people, all(prenominal) one is complex as well different. Every part time environmentalist can comport a declaration to any environmental problem ails this planet.That is non to say that they are unceasingly in good order. We as humans play a major part into what goes into the water and how it gets there. We might not generate back that we are doing it, but we are. I hark back that since we realize that we are doing it we can recoup a way to stop it. The first thing that we need to do is get the big wigs to get together in, but before I get into that we are going to talk a pocket-sized more about water pollution. I calculate that we can find a better way to store the waste that some of the plants are using. Conversely, are not always wrong either.The solution is the first part, making the solution a reality is second. Water pollution is a problem most everyone would agree does exist. Individuals can do a lot to friend with the water pollution problems and aid in the water pollution solutions. By buying organic food and green dwelling cleaners and face-to-face care items to resist the run off of chemical into ground water. galore(postnominal) pharmaceuticals are eliminated as possible and stay away from meats and the raising used of hormones and drugs. It is important to properly dispose of any paints and varnishes.To apply water pollution solutions is to use less plastics and plastic products and not to litter. Water pollution solutions are very affordable to put into effect. The Unite disk operating system research Council has estimated that to do initial clean-up of all contaminated groundwater is over 300,000 sites crosswise the United States it le ave alone cost $1 trillion dollars over the rails of thirty years. It would comely out to 33 cents per person per day. To reestablishing wetlands is to act as a weaken zone to runoff and to assist in filtering pollutants.less(prenominal) drive to get the amount of air pollution being emitted into the environment and minimize the amount of nitrogen deposition. To improve the sewage treatment system to stop the leaks in the pipes. Conserve water, improve storm water management. proctor watershed. Stop disforestation to soak up the rain water and pr levelt runoff from occurring. The exceed water pollution solutions are simply to pres authorized our governing officials here in the United States, to enforce the environmental protections already on the books.The laws is important, if the take officials is not properly strain enforcement mea veritables and these agencies with those individuals who is committed to defend the environment, and the laws isnt expense the recycled pap er its written on. If we can get the government to pass away a big part in the clean up thusly we depart maintain a great jounce on the world. We go out just need the government to help fund the clean up and sop up sure that we wouldnt hurl to do it again. I think that if the government founder the law sick consequently we indispensableness have to reclean the water ever again.I think that the benefits pass on best display case the living things that use the water every day and need it to survive. We want get sick, need to boil it, and we want have to worry about whats in it. We also want have to worry about the food that we get out of the water having something or dying off. The animals in the world wont die off so right away and they wont have to find water to drink. I think that the challenges allow be to get the government lease and the people involved. I think that the most that we leave behind get out of them both is half and that will be a good start.For the most part will be to get the funding for the cleanup and a place to store all the waste that we get out of the water. When it is all said and by dint of with(p) we will be able to see a new reposition in the water. We will be able to get word clear through the water and see all the way to the bottom. I think that with the help of every one we can make this happen and at the end we can be ever proud of ourselves. I think that with all the planning and the solutions that we can make it happen before the year is out. It will take a lot of hard invent and time, but as a big group we can make it all worthy wide at the end.We should look at what this will mean to all living things and how much it will multifariousness the world. We can leave this and pose the kids to come how beautiful the world can be. We can save many a(prenominal) lives and protect the kids of the future America. It will be even better if I can get a least threesome hundred people from each country to help o ut right along with their government. The government plays a big part and I will make sure that they under bide it to the fullest. I think that we can make a deviation in the world if we just put our sound judgment to it. We cant let the water that we use every day continue to be like this and making us sick.We need to put our foot down and tell them no more with an attitude addicted to it. We should take a stand and let the others know that we will not take it anymore. We need to tell them that it is time for a change and the change is now. We need to stand up as one and show the people who are polluting the waters that we will not take any more of this. We need to come up with a way to make this commove and make sure it is there to stay. I think that we can do it and get everyone involves to make this dream a reality for all those to come and the ones that are here to stay.Water PollutionWater pollution is when a body of water is adversely affected due to the addition of large amounts of materials to the water. (www. imbgnet. net) There are four types of water pollutions and Im going to describe each one of them. Im also going to tell you the solutions that I can up with and how Im going to get the government and people involved to help. It is a lot of things that we dont know about water pollution and how bad it is for our health.Every year, 14 billion pounds of sewage, sludge, and garbage are dump into the water. (www. hinkquest. com) Nineteen trillion gallons of waste also enter the water annually and it is a hard thing to clean up. The first type of water pollution Im going to talk about is Toxic substance which is a chemical pollutant that is not a naturally occurring substance. This is what we would call man made material that we dump into the water every day. The second one is Organic substance that occurs when an excess of organic matter such as manure or sewage enters the water. This is a natural thing that we as humans can try to stop at a poin t in time.Water pollution is a point and a non point source pollution in which we are a big factor of. The point source is the waste that we put into the water every day and the way we store the waste that we use. The non point source is like the sewage we dump and we know that we are doing it. One of the ways that we are putting waste into the water is being on the cruise ships. They are dumping the sewage, bath water, and the other material into the ocean. It is killing all of the food and making us sick on a day to day living.Water pollution is one of the worst things that we should ever let happen in the world. Most countries cant drink or take baths in the water without boiling it first. The non living things that contribute to the cause of water pollution are all the things that we as humans make or use. The thing that we use in everyday living is a big part of the pollution problem. The living things that are affected by this are the people and animals that need the water to survive. People we need the water to do almost everything that we do when we get up in the morning.We have to drink this water, baths with it, and cook with it every day. We should be careful about the thing that we do and how we do it. The more that we pollute the water the more living things will die and our food supply will be cut out. Thermal pollution is the third one Im going to talk about it occurs when water is used as a coolant near a power or industrial plant. The water is returned to the environment at a higher temperature than it was originally. Some plants treat the water before it is released back into the environment, but they forget to let it cool down before they release it back.Ecological pollution takes place when chemical pollution, organic pollution, or thermal pollution is cause by natural than by human activity. Water pollution is increasingly becoming a large problem that humans con confront. Water is the most valuable resource. Just think of how much humans dependent on clean water. Water is more valuable than gold, can we go a day, week, year without, gold or water? The fact is we drink the water, we use it irrigation for farm fields, cooking, washing clothes, flushing toilets, and industrial process requires water to function.The earths surface is covered by 70% water, why fuss of protect water? Only 3% of all water is fresh and drinkable and that 75% is frozen, which leaves a grand total of 1% of the Earths surface water is readily available for consumption. Taking the fact into account, one can see why the conservation and protection of our remaining water supply is vital. Water pollution can be stopped, sources of the pollution must be known. Solution is like people, each one is complex as well different. Every part time environmentalist can have a solution to any environmental problem ails this planet.That is not to say that they are always right. We as humans play a major part into what goes into the water and how it gets there. We might not think that we are doing it, but we are. I think that since we realize that we are doing it we can find a way to stop it. The first thing that we need to do is get the big wigs to join in, but before I get into that we are going to talk a little more about water pollution. I think that we can find a better way to store the waste that some of the plants are using. Conversely, are not always wrong either.The solution is the first part, making the solution a reality is second. Water pollution is a problem most everyone would agree does exist. Individuals can do a lot to help with the water pollution problems and aid in the water pollution solutions. By buying organic food and green household cleaners and personal care items to prevent the run off of chemical into ground water. Many pharmaceuticals are eliminated as possible and stay away from meats and the raising used of hormones and drugs. It is important to properly dispose of any paints and varnishes.To implement water pollution solutions is to use less plastics and plastic products and not to litter. Water pollution solutions are very affordable to put into effect. The Unite State research Council has estimated that to do initial clean-up of all contaminated groundwater is over 300,000 sites across the United States it will cost $1 trillion dollars over the course of thirty years. It would average out to 33 cents per person per day. To reestablishing wetlands is to act as a buffer zone to runoff and to assist in filtering pollutants.Less drive to reduce the amount of air pollution being emitted into the environment and minimize the amount of nitrogen deposition. To improve the sewage treatment system to stop the leaks in the pipes. Conserve water, improve storm water management. Monitor watershed. Stop deforestation to soak up the rain water and prevent runoff from occurring. The best water pollution solutions are simply to pull our government officials here in the United States, to enforce the environmental protections already on the books.The laws is important, if the elected officials is not properly fund enforcement measures and these agencies with those individuals who is committed to protected the environment, and the laws isnt worth the recycled paper its written on. If we can get the government to become a big part in the clean up then we will make a great impact on the world. We will just need the government to help fund the clean up and make sure that we wouldnt have to do it again. I think that if the government make the law sick then we want have to reclean the water ever again.I think that the benefits will best suit the living things that use the water every day and need it to survive. We want get sick, need to boil it, and we want have to worry about whats in it. We also want have to worry about the food that we get out of the water having something or dying off. The animals in the world wont die off so quickly and they wont have to find water to drink. I t hink that the challenges will be to get the government involve and the people involved. I think that the most that we will get out of them both is half and that will be a good start.For the most part will be to get the funding for the cleanup and a place to store all the waste that we get out of the water. When it is all said and done we will be able to see a new change in the water. We will be able to look clear through the water and see all the way to the bottom. I think that with the help of every one we can make this happen and at the end we can be ever proud of ourselves. I think that with all the planning and the solutions that we can make it happen before the year is out. It will take a lot of hard work and time, but as a big group we can make it all worth wide at the end.We should look at what this will mean to all living things and how much it will change the world. We can leave this and show the kids to come how beautiful the world can be. We can save many lives and protec t the kids of the future America. It will be even better if I can get a least three hundred people from each country to help out right along with their government. The government plays a big part and I will make sure that they understand it to the fullest. I think that we can make a difference in the world if we just put our mind to it. We cant let the water that we use every day continue to be like this and making us sick.We need to put our foot down and tell them no more with an attitude attached to it. We should take a stand and let the others know that we will not take it anymore. We need to tell them that it is time for a change and the change is now. We need to stand up as one and show the people who are polluting the waters that we will not take any more of this. We need to come up with a way to make this stick and make sure it is there to stay. I think that we can do it and get everyone involves to make this dream a reality for all those to come and the ones that are here to stay.

Deutsche Allgemeinversicherung(Dav)

FORM B ( specialized movement information) Course Name/Title Process perplexity in Manufacturing/ OPIM 656 syllabus MBA (e. g. MBA or Ph. D. Required or elective Elective Instructor(s) Name and telecommunicate address Anita Tucker email&160protected upenn. du Number of course of action sessions in feed in 26 Duration of each social tier (minutes) 80 Typical identification number of students enrol direct in recent 37 w be line offerings. Textbook Used No Misc. Instructor comments about phone line OPIM 656 /SYS 522 Process management in Manufacturing transc shoemakers last 2004 Monday-Wednesday, 300-430 p. m. (JMHH 255) Revision date 9/7/04 professor Anita L. Tucker email&160protected upenn. edu JMHH 551 (215) 573-8742 Office Hours M 930-1200 W 1030-1200 (or by appointment) Brief Course DescriptionThis 26-session escape builds on the beliefs introduced in OPIM 631 and OPIM 632 to taste how organizations depose develop and leverage excellence in carry out guidance. This course uses a diverse set of reason studies from manufacturing and avail organizations in the united States, Australia, Japan, and Europe. Two modules comprise this course. The start-off 13 sessions focus on trading trading operations scheme. In these layeres, we examine what constitutes an operations strategy and how organizations evict create judge by managing complexity, unsurety, and product increment.We also examine issues related to scaling up a partys operations and argufys to capturing the value created through operations. In the second half of the course, we prove recent developments in twain manufacturing and returns industries, with an emphasis on the importance of edge excellence in achieving and principal(prenominal)taining emulous advantage. Specifically, we examine initiatives in tone of voice (i. e. 6-sigma) and Time-establish Competition/JIT. As applications, the course trains authoritative recent advances in enterprise-wid e planning (ERP) outlines, add chain contracting and B2B inter reflexions.These may be viewed as attempts to align enterprise processes with customer needs and commercializeplace mental synthesiss and to assure continuous improvement of these processes once designed. In manufacturing, these developments beget led to restructuring of the manufacturing and logistics frame to provide adaptive and time-responsive supply chains, naked product development processes and support functions. The results of this on-going restructuring micturate consequential implications for globalization of operations.The course is recommended for those interested in consulting or operations cargoners, as sanitary as students with an engineering mount who wish to develop a better understanding of managing the manufacturing process. Prerequisites and Follow-on Courses The course builds on OPIM 631 and 632, which atomic number 18 prerequisites. Other students must have permission of the instructor to accede. The course is a useful precursor for OP1M 657, OPIM 658 and OPIM 762. Permission of the instructor is required to enroll under SYS 522.For either of these, basic courses in probability and statistics must have been completed prior to enrollment. Grading Your grade for this course give be based on written exercises (10%), dickens fictional character write-ups (20%), division union (30%), and a final exam (40%). Written exercises You may work in mathematical groups to mug up the exercises, but each person must warp in his or her have hard copy (not electronically, please) set of answers. Late exercises lead NOT be accepted. insure 1 Nov 24thTopic Attribute carry charts Date 2 Dec 1st Topic 6-sigma role Write-upsIn groups of 3 or 4 people (or individually if you prefer), please prepargon a skid write up (maximum of 4 rapscallions, including exhibits) for two cases that interest you and turn in a hard copy to me at the start of the variety in which we c ever ywhere that case. occupy indicate the contribution made by each individual. Late write-ups go forth NOT be accepted. last testing The final exam entrust be a sop up ingleside case. Details TBA. Text and Materials for the Course There is no required textbook for the course. Most of the readings will be run aground in the Course Bulkpack, which will be distributed through Wharton Reprographics.The course assignments, lecture notes and various supporting materials pile be obtained from the WebCafe. Detailed Course Outline Part I The archetype of operations Strategy row 1. Wednesday folk 8 (Introduction to Operations Strategy) This course introduces a common framework for the bases for operations strategy foursome militant priorities of speak to, quality, flexibility, and delivery. In the first crystalize, we consider the fundamental questions What is operations strategy? crapper an organization create a competitive advantage through its output signal processes?For clas s, please read the pastime articles and be on the watch to reason in class Skinner, W. 1974. The focused factory. Harvard Business Review May June 52(3)113. Hayes, R. H. and D. M. Upton. 1998. Operations-based strategy. California Management Review 40(4)8-25. crime syndicate 2. Monday September 13 (A more detailed pick up at two companies different operations strategies deep down the alike industry) shagvas American connectedness (A), HBS case 9-693-035. chemise Synopsis American Connector follow and DJC Corporation are two companies in the electrical connexion securities industry which have chosen different competitive and in operation(p) strategies.The case focuses on how American Connector should respond to the capability threat by DJCs entry into the U. S. market. assigning occupy eff to class prepared to discuss the by-line questions 1. How serious is the threat of DJC to American Connector Company? 2. How big are the bell differences between DJCs ingraft and ACCs Sunnyvale go under? Consider both DJCs carrying out in Kawasaki and its potential in the United States. 3. What accounts for these differences? a. How much is due to the slumping demand in the U. S. (Hint understand at depreciation) b.How much of the difference is inherent in the charge the two companies compete? (Hint Can you roughly graph their two competitive positions (x-axis flexibility, y-axis set charged) c. How much is strictly due to differences in the efficiency of the operations? (Hint consider materials, labor, and fixed costs) 4. What should American Connectors trouble at the Sunnyvale plant do? family line 3. Wednesday September 15 (Three views of operations strategy Tradeoffs, additive capability, Integrative) pronounce the followers articles Porter, M. E. 1996. What is Strategy? Harvard Business Review (Nov-Dec 1996)61-78. Hayes, R. and G. Pisano. 1996. Manufacturing Strategy At the Intersection of Two Paradigm Shifts. Production and Ope rations Management 5(1)25-41. concession Please get on to class prepared to discuss the pursuance questions 1. What is the master(prenominal) point made by Porter, 1996? Do you agree with him? Is there anything in his article you disagree with? 2. Can you reconcile the self-contradictory views expressed in Porters 1996 article with those expressed in Hayes and Pisano, 1996? kinfolk 4. Monday September 20 (Tradeoffs The value of focus) Read Rapid Rewards at southwestern United States Airlines. HBS Case 9-602-065Case Synopsis Southwest Airlines had been consistently profitable every course of study for 28 years, but with firms cutting back on travel and airlines more and more trying to cut costs and lure customers away from competitors, it mogul believe its egalitarian strategy. For ex angstrom unitle, frequent fliers wanted rules changed so they could receive preferential treatment, much(prenominal) as being guaranteed first boarding regard little of the time they arriv ed at the airport, and being able to change tickets without paying upgrade fees. The case considers the implications that ever-changing these rules might have on Southwest Airlines operating strategy. designation Please prepare the interest questions for case tidings. 1. What is Southwest Airlines value propose? What are Southwests sources of competitive advantage? 2. Consider the economic science of the airline industry. From Exhibit 2 and Exhibits 9-15, what do you see as parkway the difference in financial performance across airlines? How important are frequent fliers to airline performance? 3. From your experience, how does Southwests armed service ism compare to the rest of the major players in the airline industry? What are the obstacles to its victorful execution?POLL QUESTIONS Please answer the following questions on the WebCafe poll. 1. Should Southwest save a few low-numbered boarding cards for its around frequent fliers? Thought questions for class discussion Wha t is the key motivation for your thought process? What are the tradeoffs that Southwest must consider in making this finale? 2. Should Southwest allow its most frequent fliers who have missed their flights to wear the adjoining available flight with an empty seat or should these customers have to wait for the next available flight with an empty seat within the same fare class? Thought question for class discussionWhat drives your finality? social class 5. Wednesday September 22 (Cumulative view of developing operating capabilities) Read Micom Caribe (A) HBS Case 9-692-002 Case Synopsis Micom Caribe examines both quality improvement and the development of flexibility in a major planet manufacturing unit based in Puerto Rico. This change has been brought about through shipment of the workforce and the adoption of simple, but effective production technologies. The aim of the case is to explore the sources of Caribes improvement. Assignment Prepare the following questions for class discussion of the Micom Caribe Case 1.What accounted for the quality crash in 1987? To what achievement was the geographical location of manufacturing relevant, and what would you have done differently, as MCC, to avoid the crisis? why were people at MCC unable to see your solution? 2. What were the most important steps taken to reconfigure MCCs Puerto Rican manufacturing operation and what capabilities did each build? 3. What specific capabilities does Caribe now have, and, as Moshetti, how would you develop MCCs manufacturing strategy? soma 6. Monday September 27 (Using capabilities to enable entry into un tried markets) Case Australian Paper Manufacturers (A) HBS 9-691-041Case Synopsis Australian Paper Manufacturers (APM) dominated the domestic theme packaging market in a long-standing industry relationship that dual-lane the Australian paper market neatly and cordially among the countrys trio principal(prenominal) paper companies. In 1987, APM invaded the fine papers market, once the sole subject of the Paper Company of Australia (PCA). Haunted by its environmental repose, PCA initially found itself paralyzed, unable to modernize and expand capacity to repel its cutting rival. By celestial latitude 1991, heap McRae, APMs group general manager, was considering his options, now that APM had established a reputation for quality and nvironmental sensitivity in the fine papers market. Assignment Please come to class prepared to discuss the following questions 1. What opportunities and risks did Ken McRae face as he contemplated taking APM into the fine papers market? Be specific with respect to technological, operations, and capital investment (as rise up as former(a)wise considerations). 2. As Ken McRae, what technology and operations strategy options are available? Which do you think he ought to pursue? Why? Class 7. Wednesday September 29 (Summary discussion) Read the following articles in preparation for class discussion Wheelwright, S. C . and K. B.Clark. 2003. Creating Project Plans to focus product development. Harvard Business Review September 2-15. Thomke, S. and D. Reinertsen. 1998. Agile product development Managing development flexibility in uncertain environments. California Management Review 41(1) 8-30. Part II Creating and Capturing Value Class 8. Monday October 4 (Managing New Product Development) Case Weve got rhythm Medtronics Corporations cardiac pacemaker business. HBS Case 9-698-004 Case Synopsis Medtronics manufactures implantable cardiac pacemakers. The companys market share has eroded from about 70% in the early 1970s to below 30% in 1986.The decline stems from the way the companys executives managed the process of defining and developing new products. The case outlines the steps the company took to try to rebuild its product development capabilities and market share. Assignment Please come to class prepared to discuss the following questions 1. What are the reasons behind why Medtronic nearly lost its position as market leader in the 1970s and 1980s? 2. Which of the improvements in the new product development process that the Medtronic heed team implemented beam you as having been particularly crucial to turning the company around? . What do the concepts product line architecture and train schedule mean in the pacemaker business? What are the costs and gain grounds of having implemented these concepts as the Medtronic management team has done? What elements of Medtronics approach could be applied in very different business settings? 4. Evaluate the nature of senior management involvement in Medtronics execution of its product development system. Which elements of the system does senior management need to be intimately involved in, and which can it delegate or pay less attention to? Class 9. Wednesday October 6 (Managing Uncertainty)Case Delamere Vineyard HBS 9-698-051 Case Synopsis Delamere Vineyard is a small, integrated wine making business in Tasmania. Richard Ric hardson, Delameres winemaker and owner, confronts a choice among three potential quality improvement h out of dates, the merits about which customers and industry experts offer conflicting advice. Assignment Please come to class prepared to discuss the following questions 1. What are Delameres strengths and weaknesses? What does it deliver to customers that other vineyards do not? What does it take to be outstanding in the wine business? 2. What types of uncertainty does Richardson face? . What does quality mean in wine making? 4. What principle and concepts should one put one over to improving a production system such as winemaking? 5. What should Richardson do? How will his experience and personality shape his decision? Class 10. Monday October 11 (Managing Complexity) Case Ellis Manufacturing. HBS Case 9-682-103 Case Synopsis Ellis, a steer producer of small kitchen appliances has seen its market share steadily eroding over the last few years, and internally has experienced i ncreasing conflict among gross sales and production groups over determine of production for local markets.throng Cassals, the top operations executive at Ellis has been asked to rationalize the multiplant communicate. Assignment Please come to class prepared to discuss the following questions 1. What problems does EMC face? What are the causes of these problems? 2. What is the cost of producing an middling mixer at the Barnstable plant? At Georgetown? At Flower Springs? What insights do these calculations provide as to how product lines should be assigned to plants? 3. How should EMCs multiplant electronic network be organized? Class 11. Wednesday October 13 (Capturing Value Scalability) Read fresh Connections HBS Case 5-600-108Case Synopsis Fresh Connections is a start-up food manufacturer that hopes to work the growing enthusiasm of Americans for home meal switchments, prepared food purchased in supermarkets and eaten in the home. A startup Fresh Connections could manage operations on an cast-by-order basis, as it grows the company finds it needs more formalized systems. But which system should they adopt? Assignment Please come to class prepared to discuss the following questions 1. What are the most important operating and strategic issues facing Fresh Connections? (Hint submit to estimate how many new products are authentic each month. 2. Which segment(s) of the prepared foods business do you think is most gentle for Fresh Connections? 3. What choices must Fresh Connections make in developing an operations strategy? What is the effect of complexity on Fresh Connections operations? (Hint Try to estimate the cost of having to change over between every green goddess as opposed to being able to make long runs of the same product, which wouldnt require complete clean-outs between batches. ) 4. How will appendage sham Fresh Connections operations? 5. What capabilities should Fresh Connections emphasize in its strategy? Class 12.Monday October 1 8 (Value Capture versus Value creation) Case McDonalds Corporation (Abridged) HBS Case 9-603-401 Case Synopsis McDonalds is rightly seen as one of the outstanding growth stories in American business history. The company offered outstanding consistency, service speed, and price to its customers. For almost half a century, the formula seemed unbeatable. But in the 1990s growth had stalled. New competitors entered the fast-food industry, and were apparently better able than McDonalds to react to shifting customer preference. Can McDonalds meet this challenge while keeping its operating system intact?Assignment Please come to class prepared to discuss the following questions 1. What characteristics of McDonalds production system have been most important in building its record of victor and growth in the industry? 2. What are the downsides of their operating strategy? (i. e. what things does McDonalds NOT do well) 3. What are the primary new challenges McDonalds faces at the start of t he 21st century? 4. How would you adapt the system to halt these changes in the U. S.? 5. How can McDonalds lay the basis for future growth? Class 13. Wednesday October 20 (Summary discussion)Read the following papers Enterprise Resource planning (ERP), HBS Technical Note 9-699-020. T. H. Davenport, Putting the Enterprise into the Enterprise System, Harvard Business Review, July-August 1998 Assignment For a company of your choice, think through the costs, benefits and risks of implementing an ERP-based solution to providing the transactions-based infrastructure for materials management, manufacturing and dispersal in the company. Monday October 25 Break Part III Managing the operations supply chain Class 14. Wednesday October 27 (Implementing Enterprise Resource Planning, ERP) Read lake herring Systems Implementing ERP. HBS Case 9-699-022 Case Synopsis Upon arriving at Cisco in 1993, the foreland Information Officer, Pete Solvik, recognized that the manufacturing systems that were unstable and needed supplantment Although initially hoped to replace the suite of legacy systems at a slower, more deliberate rate, the dissymmetry of the companys systems were an obstacle to sustaining the rapid growth of the company. Thus, Pete and his fellow managers precipitously attacked the problem with an ERP approach. Assignment Please come to class prepared to discuss the following questions 1.At the start of the case, Ciscos information systems are failing, yet no one steps forward to lead the effort to replace them. Why is this? Why were no managers eager to take on this project? 2. Cisco was highly successful with its enterprise resource planning (ERP) effort. What accounts for this success? What were the most important things that Cisco did correctly? 3. Did Cisco do anything unlawful on this project? If so, what? 4. We often hear that senior management commission is important for projects like Ciscos ERP implementation, but senior management commitment to do what?What can top managers do to maximize chances for success here? 5. Cisco went live with ERP in a big bloom fashion, which is inherently risky. How did Cisco mitigate this risk? 6. Was Cisco smart or lucky with its ERP implementation? Class 15. Monday November 1 ( fork out Chain Management and Design) The next two sessions provide a general introduction to and review of the following strategies employed in designing supply chains for flexibility, time and cost performance Read H. Lee, V. Padmanabhan, S. Whang, The Bullwhip stamp in Supply Chains. Sloan Management Review, Spring 1997, pp. 93 102. David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, Supply Chain Integration, Chapter 5 in Designing & Managing the Supply Chain, 2nd Edition, McGraw-Hill Irwin, New York, 2003, pp. pp. 119-142. Assignment Please come to class prepared to discuss the following questions 1. What is the Bullwhip or eyelash Effect in industries, can you give or so extra examples other than t hose cited in the Lee et al. paper? According to Lee et al. , what are the causes of the Bullwhip Effect? Do you agree or disagree? Can you think of extra causes other than those discussed in the paper? . Why information distortion brings inefficiencies in Supply Chains? What do you think of the value of information share? What are the benefits of supply chain coordination? Can you give us some fresh examples from reality? How can we mitigate the Bullwhip Effect? What are additional mechanisms you think can be used for Supply Chain Coordination? 3. Based on the previous question (2), how can ERP and Business Intelligence engineering science be used to develop an electronic supply chain? 4. What are the emerging business opportunities for B2B marketplaces (see Lee 2001, Simchi-Levi et al. 2003)? Class 16. Wednesday November 3 (Business-to-business supply chains) Read Quantum Corporation supply Chain Group. HBS Case 9-601-099 Assignment Please come to class prepared to discuss the following questions 1. What are the biggest challenges facing HDDO? How can Information Technology help with these? 2. Why is time so overcritical in this business? What efforts should the eSupplyChain group advocate to allow Quantum to reduce the lead-time for its products? 3. How should the eSupplyChain group best accomplish its mission within Quantums organizational structure? 4.How should Quantum and HDDO use the new eHITEX consortium? If we think of the adoption of eHitex by high technology companies as a kind of implementation process, what kinds of pitfalls with this implementation face? 5. The new IT-enabled product allocation process, which is described on p. 12 of the case, has the potential to be an improvement over the current one. What difficulties, if any, do you think there will be in moving to the new process? What organizational groups might not be enthusiastic about moving to the new process? 6. How much financial benefit will a 1-day TOO step-down realize for HDDG?Class 17. Monday November 8 (Management of process technology in a global plant network) Read ITT Automotive. HBS Case 9-601-099 Assignment Please come to class prepared to discuss the following questions 1. What are the implications for both cost and flexibility of automation? Do you agree with the assertion made by one of the managers in the case If you automate, you stagnate? 2. What are your recommendations regarding the issue of standardizing process technology across all plants? Are there motives behind this proposal, other than those stated in the case? 3.As Juergen Geissinger, how would you go about implementing your recommendation? How would you reduce resistence from the plants? As Steve Dickerson, the plant manager at Asheville, North Carolina, what line of cogitate would you use to convince senior management that full automation is the less desirable alternative? 4. As Klaus Lederer, what option would you like to see pursue? How do various options fit into the b roader corporate strategy of ITT Automotive? Class 18. Wednesday November 10 (Vertical integration) Read Nucleon, Inc. HBS Case 9-692-041 Case Synopsis Nucleon is a five-year old biotechnology company whose first harmaceutical product, CRP-1, is almost ready to be tested in human beings. The company has focused entirely on R&D since its founding and thus has no manufacturing capabilities of its own. It must ascertain whether or not to build a small-scale pilot plant to manufacture CRP-1 for early phases of clinical trials. Assignment Please come to class prepared to discuss the following questions 1. What are your recommendations regarding the manufacturing of CRP-1 for variant I and Phase II clinical trials? What are your recommendations regarding manufacturing for Phase III clinical trials and commercialization? . How would you justify your recommendation to would-be investors in the company? 3. What is your recommendation regarding Nucleons long-term manufacturing strategy? What should this company look like in 10 years (e. g. an R&D boutique, an R&D boutique with pilot scale manufacturing capabilities, or an integrated manufacturing enterprise)? Class 19. Monday November 15 (Outsourcing strategies) Read David Simchi-Levi, Philip Kaminsky and Edith Simchi-Levi, Procurement and Outsourcing Strategies, Chapter 7 in Designing & Managing the Supply Chain, 2nd Edition, McGraw-Hill Irwin, New York, 2003, pp. p. 119-142. Solectron. Stanford Case GS-24 Assignment Please come to class prepared to discuss the following questions 1. Why did IBM decide to use a contract manufacturer? Do you think there were any risks associated with their decision? 2. What strengths did Solectron have that made it an appropriate contract manufacturer for IBM? 3. What made Solectron a successful contract manufacturer in general? Note funk manufacturing and outsourcing have become vital ingredients of both high-tech sectors (e. g. aircraft manufacturing and electronics) as well as medium- and low-tech manufacturing, including that in emerging economies. Use the reading and the Case discussion to think through the basic ingredients (internal and external) for a company to run low and prosper using outsourcing and off-shoring. Class 20. Wednesday November 17 (Managing a global network of suppliers) Case Li & Fung (Trading) Ltd. HBS 5-396-386 Case Synopsis Li & Fung is one of the largest trading companies specializing in low-cost, labor-intensive consumer goods from suppliers throughout east Asia.Its main work is to connect Asian factories with U. S. and European retailers and manufacturers who have their own designs for production and need them turned into physical product. The case poses two decisions for students a Li & Fung division manager must decide which supplier can best handle a particular customer order and the Managing music director must determine whether or not to restructure all of the emollient goods (textile products) di visions in a way that might dramatically change its service to its customers. Assignment Please come to class prepared to discuss the following questions 1.How does Li & Fung create value for its customers and suppliers? How do international differences in labor costs play into this value? 2. Should Charles Ho (Li & Fungs division manager) send Classiques order to Qingdao, China, or the Philippines? If he sends the order to China, should he ask the HV division to supervise it? If he sends it to China and has his own staff supervise it, how many visits should they make to the factorytwo, three, or four? Consider the division managers personal interests, as well as those of the customer and of Li & Fung. 3.Assess Li & Fungs internal structure, including its organizational structure and the ways in which it motivates its employees. How does it align employees interests with both customer satisfaction and Li & Fungs financial performance? 4. Should William Fung follow Dan ny Laus recommendation to extend the restructuring experiment to all cheeselike goods divisions? 5. How do business-to-business services differ from business-to-individual consumer services? Part IV Managing informal Processes Class 21. Monday November 22 (Introduction to Time Based Manufacturing) Read Hopp, W. J. and M. L. Spearman. 2004. To pull or not to pull What is the question? Manufacturing and Service Operations Management 6(2)133-48. Spear, S. and H. K. Bowen. 1999. decode the DNA of the Toyota Production System. Harvard Business Review 77(5)96-106. Class 22. Wednesday November 24 (Attribute Control Charts) Read the following pages out of Gitlow et al, Quality Management, 2005. hop-skip Chapter 6, pages 169, 170 Chapter 7, pages 184-223. Skim Chapter 8, pages 254-260 page 293. Assignment Prepare and turn in answers to the problems 7. and 7. 25. Prepare the following questions for class discussion 1. What is the difference between attribute and variable control cha rts? When would one use one versus the other? 2. What is the difference between n, np, c, and u charts? When would one use one versus the others? 3. What, if anything, are the downsides of using control charts? What are their limitations? Can you think of alternative methods for controlling systems and improving processes? Class 23. Monday November 29 (Application of p-charts ) Read Deutsche Allgemeinversicherung.HBS Case 9-696-084 Case Synopsis Deutsche (DAV) is one of Europes largest insurance companies. To defend itself and to regain its traditional leadership position, DAV has begun a new quality initiative, focused primarily on some key processes it believed could be dramatically improved. Assignment Please come to class prepared to discuss the following questions 1. Why is DAV using SPC? What are the primary challenges in applying statistical Process Control to a service industry compared with manufacturing? 2.If you were to explain the concept of a p-chart to a group of bank tellers without a background in SPC, in about 30 minutes, how would you do it? 3. How large should each sample distribution be for the experiment Schoss and Kluck describe on page 7? 4. The first 12 weeks of the data in Exhibit 4 represent the symptomatic period for the Policy Extension Group. What are the 3-sigma control limits for the process? In which of the subsequent weeks is the process out of control (if any)? 5. Develop specific implementation plans for solving the problems facing Annette Kluck that are described on page 9 of the case. . How would you now begin improving the performance of the operation? Class 24. Wednesday December 1 (6-sigma improvement programs ) Please read Chapter 10 in Evans, James R. and William M. Lindsay. 2005. The management and control of quality. 6th edition. Thomson South-western, Mason, Ohio. Pages 479-513. Dow, D. , D. Samson, and S. Ford. Exploding the myth do all quality management practices contribute to superior quality performance? P roduction and Operations Management, 8(1), p 1-27. Please prepare the following questions to hand in at the start of class 1.What is a defect? Explain how to compute defects per billion opportunities (dpmo). 2. Explain the theoretical basis for Six Sigma quality. 3. Problem 1 on page 505. 4. Problem 3 on page 505. Please be prepared to discuss discussion question 1 on page 504. Six-sigma has been criticized because a) The results often dont have any noticeable involve on company financial statements. (90% of the companies that implement six-sigma dont end up with higher stock values. ) b) Only early adopters can benefit c) Six Sigma focuses on defects, which are hard to objectively determine or service businesses d) Six Sigma cant guarantee that your product will have a market. Class 25. Monday December 6 (Transfer of learning) Read Pisano, G. P. , R. Bohmer, and A. C. Edmondson. 2001. organisational Differences in Rates of Learning Evidence from the Adoption of Minimally enc roaching(a) Cardiac Surgery. Management Science 47(6)752. M. A. Lapre and Luk N. Van Wassenhove, Learning Across Lines The arcanum to More Efficient Factories, Harvard Business Review, October, 2002, pp. 107-113. Class 26. Wednesday December 8 (Course Summary) Final Examination Take Home Case Date TBA

Microsoft vs Red Hat Linux Essay

As a customer, Id prefer the system of Red Hat (despite how the program regard and operate) because obviously, its free of charge. Also because it releases the updated version every 4-6 months as the phrase mentioned. However, in my opinion, in term of rail line model, Microsoft, the monopoly, has a more sustainable business plan. The traditional way of employing high skilled programmers is certainly picture the persistent increase of the company.Moreover, from the customers point of view, even though, they deem to pay a fixed softw be package in the beginning, save therere no other expenses such as consulting corresponding Red Hat. Moreover, the free technical support likewise make Microsoft has a higher position in the market. In addition, statistic wholey, Microsoft has outstanding profit-making revenue for the aside years. Linux, on the other hand, has a possibility of getting bigger in terms of revenue. Still, as I have said, volunteer programmers are non very reliabl e.Not only the success is terms of revenue, Microsoft has a make better brand image because it has been in the market for so long and has so many loyal customers globally. Even though, Red Hat is trying to narrow by focusing more on the small business, but Microsofts strategy is still ahead of it because it provided its service/product to a larger based customers. Im sure that Red Hat isnt the first competitor Microsoft has ever had, but it has overcome all of them. Because of all the reason mentioned above, Microsoft will remain the Monopoly in the market for still quite a a long while.Michael E. Porter Michael E. Porter is a leading strategist who has a comprehensive understanding about economy and economic development of a nation. He invented the Competitive Strategy called Porters flipper Forces Model. He is now currently the Bishop William Lawrence University Professor, based at Harvard chore School. Professor Porter is generally known as the father of ultramodern strate gy field, and also identified as the worlds just about influential thinker on management and competitiveness.His works included 18 books and over 125 articles published in leading newspaper and business magazine. Professor Porter was actually graduated with high honors in aerospace and mechanized engineering from Princeton University, and continued with M. B. A with George F. Baker Scholar from Harvard Business School, also a Ph. D. in Business Economics from Harvard University as well. Porters Five Forces Model As I have mentioned, its a model about the competitiveness of a company by Michael E. Porter.It is a very well-known model in order to find the environs of a firm and also factors that influence the uncertainty. It states not only to allure over your competitors but also to unite and work together among firms in term of partnership. One of the reasons why this model is well know is that it works from small to large company. The Five Forces in the model are Rivalry amon g current competitors, bargaining power of suppliers, bargaining power of customers, affright of substitute products or services, and threat of new entrants.