A Critical Essay on Raimondo Pannikar Essay

Raimondo Panikkar is a Roman Catholic Priest who specializes in the survey of comparative doctrine of faith. He was born in Barcelona Spain on November 03. 1918. Possibly. the assorted inter faith matrimony of his female parent. who was a Catholic from Catalonia Spain. and his male parent who was a Hindu from a extremely situated caste Nair from South India. histories most for his involvement in comparative spiritual doctrine. His instruction besides contributed much in this. He was educated in a Jesuit school and he took up chemical science and doctrine at universities in Madrid. Barcelona and Bonn. After being ordained as a Roman Catholic Priest in 1946. and keeping doctor's degrees in Philosophy and Science ( Complutense University. Madrid 1945 and 1958 ) and divinity ( Pontifical Lateran University. Rome. 1961 ) . he left for India in 1953 to set about surveies in Indian doctrine and faith at the University of Mysore and at the Banaras Hindu University. He authored 40 books and about a 1000 articles covering with comparative doctrine and faith and has deliberated on rules and patterns of multi-faith. which includes among others. duologues between Christian-Hindu. Christian-Buddhist and Christian-Secularist. In the book Intrareligious Dialouges. Panikkar said â€Å"I left as a Christian ; found myself a Hindu ; and I return as a Buddhist. without holding ceased to be a Christian. † ( Panikkar. Paulist Press ; revised edition. July 1999. ISBN 0809137631 ) . Panikkar’s parts are widely quoted and to a great extent used to back up the theory of ( your household name 2 ) spiritual pluralism. interfaith and multi-faith surveies every bit good as spiritual comparative doctrine. THE WEBSITE HTTP: //WWW. RELIGIOUSTOLERANCE. ORG No affair how you describe yourself. you should happen your beliefs and patterns accurately represented in this web site. – ( ReligiousTolerance. org ) This site is a copyrighted side by Ontario Consultants on Religious Tolerance. In their Statement of belief the web Masterss said that they are a multi-faith group. As of 2008-FEB. we consist of one Atheist. Agnostic. Christian. Wiccan and Zen Buddhist. Therefore. the OCRT staff deficiency understanding on about all theological affairs. such as belief in a supreme being. the nature of God. reading of the Bible and other holy texts. whether life after decease exists. what form the hereafter may take. etc. ( ReligiousTolerance. org ) They proceed to recite cardinal points in their belief system in a slug manner. and among others. said that they In working towards a civilization that is comparatively free of favoritism on the footing of gender. race. sexual orientation. gender individuality. faith. national beginning. physical disablement. age. etc. ( ReligiousTolerance. org ) . On the left manus side of the web site there are clickable links of articles and essays that list among others. the major faiths of the universe. Non-theistic articles such as Agnosticism and Humanism. There are besides articles on Religious Ethical motives. Peace and Conflict. â€Å"Hot† Topics every bit good as Laws and News. Over-all the web site is apparent and straightforward. The interface is really easy to ( your household name 3 ) usage and really user friendly. The web site has patrons ads. but none of the usual annoyance pop-ups. and/or raging background music and other doodads that are found in other web sites. The articles in the web site presented in a logic manner. are easy to utilize and subjects are indexed clearly for easy referencing and retrieval. It is besides peppered with nuggets and quotation marks from spiritual leaders and other noteworthy characters. One such illustration is on the bottom portion of the web page. from Mahatma Gandhi â€Å"The demand of the minute is non one faith. but common regard and tolerance of the fans of the different faiths. ( Ghandi ) . The web site is a valuable resource for information in the major faiths of the universe. It is an first-class beginning of in deepness spiritual comparative articles every bit good as current issues impacting religion and pattern. WORKS CITED Pannikar. Raimondo. Intrareligious Dialouges: Paulist Press ; revised edition. July 1999. ISBN 0809137631 ) . Raimon-Panikkar. org Fundacion Vivarium Raimon Panikkar – Tavertet ( Catalunya ) Retrieved February 25. 2009. hypertext transfer protocol: //www. raimon-panikkar. org/index. html ReligiousTolerance. Org. Ontario Consultants on Religious Tolerance. Retrieved February 25. 2009. hypertext transfer protocol: //www. religioustolerance. org/

Seven events that shaped the New Testament world Essay

The conviction of the group that Jesus comes in contact with when at Matthew’s is that â€Å"one who claims to be holy should not have dinner with tax collectors and sinners.† In those ancient times, tax collectors were perceived a bad lot that was made up of sinners. To the Pharisees who thought of themselves as the holy lot, associating or even talking to tax collectors was an abomination. They identified themselves as the only holy people and the most clean spiritually and thus could not associate with sinners. Their group was made of the Pharisees and anybody who did contrary to their beliefs was considered unholy (Carter, 2013). Some of the people whom they did not associate with were the sick, prostitutes and the tax collectors. The sick were considered unholy because the Pharisees believed that sickness was caused by sins, prostitution was a condemnation because it was a sin and the tax collectors were considered sinners because of their couth ways of collecting taxes. Jesus came to make the wrongs right, He thus does complete opposite of what the Pharisees believed in. This brings a lot of misunderstandings between Jesus and the Pharisees because they care most about maintaining their religious holiness than reaching out to those in need of being whole again, that is, without sins or diseases as a result of their preaching and works of mercy to those in need (Holy Bible, 2007). In the text, at its most basic, the conflict between Jesus and the leaders is about doing against the set religious rules. The rule that Jesus breaks in this context is that a holy person should not eat from the same table with sinners. In this case, Jesus was eating together with Matthew in his place and Matthew is a tax collector. This is so because tax collectors were not only disreputable sinners but also were considered as spies of the Romans against their associated Jews. Nobody loved any man who worked at the levy office. Thus, they lived a secluded life like outcasts in their own community. Matthew sought to bring his old acquaintances to hear the Christ. After his calling, he now understands how powerful the grace of Christ was and would like his fellow tax collectors to experience the same. This portrays that the ones who have an experience with the Christ develops a desire that others be brought to him to have the same experience. As Jesus points out, those who think that their souls are not ailing do not long for a spiritual physician (Holy Bible, 2007). This was a direct hit to the Jews since they could not understand that Jesus, as John the Baptist said, was coming to heal the sick, to cleanse the sinners and to give hope to those who were in despair. Jesus demonstrated that he came for all by incorporating all in His teachings and day to day encounters but the Jewish despised Him because they held a view that they are whole. The that the poor publicans and sinners felt that they were in need of amendment and instruction but could not get it from the Pharisees and that is why Jesus kept them close to make them whole against. This was a regular cause of misunderstanding between him and the Jews (Holy Bible, 2007). There are several things we need to know about the historical world to understand the conflict between Jesus and the leaders at the Matthew’s. First, the Jewish people out rightly regarded tax collectors as conspirators because they worked for the Roman regime, and had the power of Roman militaries behind them so as to brutally compel people to pay levies. They were most eminent traitors with Roman regime (Carter, 2013). Secondly, Jewish regarded tax collectors to be extortionists because they kept everything they collected. Since tax collectors bid for a contractor to collect taxes in particular areas, the Romans gave the contracts to the person with the highest bid. The bidder would collect levies, give the Roman Empire what he had promised and would keep the rest. Therefore, there were many instances where the tax collectors levied high taxes and cheating with any opportunity they found so as to amass as much money as they could. For them, this was a business with wholesome profit making as they deemed necessary (Holy Bible, 2007). Thirdly, when a Jew got into the duties’ service, he was considered a cast away from the society. He was banned as a judge or an eye witness in a law court hearing, was barred from the synagogue and in the face of the public, his discredit prolonged to his kinfolks. This shows how bad the Jews hated the tax-leviers to an extent of considering them sinners, an abomination in the society and this hatred protracted to their family. Their grounds on which this kind of hate was based were genuine no wonder they were so bitter on Jesus when he associated with sinners and even went to an extent of dinning with them (Kraybill, 2003). The bone of contention here is the cause of misunderstanding between Jesus and the Jewish. What the Jewish do not seem to understand is that Jesus had come to make right that which is wrong. The knowing of the above past practices informs me in several ways in the process of reading the Matthew gospel. First, I now understand that the Jews were real fanatics of their religious dogmas. They highly valued conformation to their religious practices with an aim of staying clean and straight. Secondly, I now understand that every misunderstanding between Jesus and the Jews had a cause and it had something to do with a contradiction of the Jewish existing religious doctrines. Lastly, the misunderstandings were always eminent between Jesus and the Jewish religious leaders because the Jews were not ready to accept the purpose for the coming of Christ. If only they understood, they would have compromised to accommodate His teachings (Carter, 2013). References Carter, W. (2013).Seven events that shaped the New Testament world. Holy Bible: NRSV, New Revised Standard Version. (2007). New York: Harper Bibles. Kraybill, D. (2003). The upside-down kingdom.Scottdale, Pa.: Herald Press. Source document

Community Health Framework and Intervention Plan Essay

Community Health Framework and Intervention Plan - Essay Example This report will review several other models and policy initiatives that promote both mental and primary care for the elderly who have mental illnesses and, accordingly, suggest a prevention model. The Federal Government O'Conner et al (2009) point out that federal policy will have to change to realistically begin to face the growing needs of older adults with mental illnesses. The elderly population will be growing at increasing rates over the upcoming decades. The DHHS estimates that 20% of the elderly population have mental illnesses of which 2% are seen as serious. It is a population which requires ongoing mental health services. Elderly with mental illness in general face shorter life expectancy compounded by comorbid medical illnesses and unhealthy and limiting lifestyles that are sometimes characterized by alcohol and drug abuse, poor nutrition, obesity, and cigarette smoking. These characteristics often lead to medical problems of cardiovascular disease and diabetes among oth ers. Mental illnesses may also lie hidden underneath the combination of physical illnesses, leading to misdiagnosis and insufficient treatment regimens. The main concern of federal and state governments toward the mentally ill has been in regard to controlling costs. O’Conner et al outline the various federal programs for treating the elderly mentally ill and explain how these programs have had shortfalls usually in the more difficult area of providing consistent government funding. The authors discuss how federal and state policy struggle to provide long-term care for this population. Initially Medicaid policy did not cover institutions for mental diseases (IMDs) or nursing homes as coded by the Pre-Admission Screening and Resident Review (PASRR) stricture. Also, the Medicaid Home and Community Based Services (HCBS) further confounded housing support for the population. However, the new Patient Protection and Affordable Care Act of 2010 (ACA), recently created to reform Amer ican health, is now enabling states flexibility to create special benefit packages for specific populations. The ACA clarifies the Medicaid 1915(i) provision, the Home and Community Based Service (HCBS) state plan amendment option and importantly provides ways for the state to receive funding help in providing long term services to the elderly with mental illness. Integrated Services Models United States Marion et al discuss a model of integrating primary and mental health care to enable specific targeting of patients with severe and persistent mental illnesses (SPMI). Their project is an example of public policy planning that could represent coordination of services between a private agency that is federally qualified and an academic nursing school. People with SPMI are at a disadvantage of receiving only episodic and fragmented treatment. SPMI are sometimes typified as succumbing to comorbid conditions where physical illnesses are complicated by psychotropic medications. Substance abuse complicate and raise the risks of such individuals who many times live in impoverish conditions that may involve violent incidents, unprotected sex and poor nutrition. Medical care is not consistent but mainly provided by emergency care centers. One intervention scheme that may involve a measure of hope is social planning coordination between a school of

Project management ip 4 Essay Example | Topics and Well Written Essays - 500 words

Project management ip 4 - Essay Example Every project should be easily accessible, this is because investors are very busy people. Therefore, they may not want to waste a lot of time. In connection to this, it is advisable that before a company decides they best place to locate a project, they have to make sure that it can easily be accessible (Van de Vaar, 2012). For any kind of project to begin, all the materials should be available and they cost known. This is because investors like knowing a rough estimate of the project. In connection to this, it is necessary that before the meeting all the estimated costs of the materials should have been known (Alonso, 2009). Some projects needs a lot of money for them to be completed. In regards to this, it is not easy estimating how much a project will cost. However, it is recommended that the project team should be able to put a rough estimate of the project. Since the meeting is coming earlier than planned, the project team members can look at some of the projects which are similar to the one they are intending to put up so as to have a rough estimate of the project (Brent, 2012). One of the factors that leads to successful completion of a project is human resource. The project team should ensure that they have identified various personnel who will work on the project. This is because the senior executives would like to know whether the project will be finished on time or not (Alonso, 2009). In opportunity analysis, the total cost of the project is a very important factor to be given priority over the rest of the other factors. As a result, much of the resources should diverted towards knowing how much the project will cost. While, the resources allocated for identifying the location of the project can be minimized (Brent, 2012). Allocating more resources towards estimating the cost of the project will affect many things. For example,

Research Topics Essay Example | Topics and Well Written Essays - 750 words

Research Topics - Essay Example ere must be adequate market study to identify the specific needs of customers and innovatively deliver products and services that meet identified needs. Diversifying production means that the company will acquire new markets, reinforce the existing ones and also have a backup plan in case one business venture fails. Companies that rely on only one product are at risk of succumbing to market pressure and have no alternative in case of business uncertainty. This paper aims at exploring the identifiable advantages that are associated with diversifying production. By focusing on Outsurge Company, the paper will outline the perceived opportunities for diversity in the technology industry. This will be through a review of literature concerning production diversification and making a comparison between Outsurge and other technological companies. Results of this will be identification of advantages of diversity in production and hence the ways forward for a company like Outsurge. Diversity is a tool for success in any form of business that deals with production. According to Cornell and Thomas (2013), it not only scale up the company’s financial strength but also significantly contribute to the performance and hence market relevance. This project will use the theory of production which explains the principles that a business use to decide how much of each of their commodities they will put into the market and how much input they have to consider. The paper will also connect diversity to the theory of cost and production functions in order to link the basis for decision making in production and product diversity. According to a report by USDA in 2001, diversification helps explain the differences in variability level of income among different firms. Ivanova (2011) said production of multiple outputs helps in increasing sales and consequently the economic performance. This fact does not only apply to big production firms or agricultural production companies; it is also

Resolving Performance Problems with the Network Essay

Resolving Performance Problems with the Network - Essay Example In addition, the paper will make necessary assumptions, draw the appropriate printer topology, and propose the best network connection in the company. With all honesty, most printers with low-performance rates print files slowly. Sometimes, windows may send requests to the wrong printer. Such issues commonly occur in companies that work in large stores such as XYZ Inc. Moreover, some manufacturers happen to supply very spotty and light printers with horizontal lines. Other printer devices may send false messages considering the level of ink in their cartridges. Most likely, XYZ Inc could not have provided an interface to enable customers print their files from their mobile devices to the company’s printers. Other assumptions may include expenses involved in printing files, lousy output files, production of paper jams, and the breakdown of multifunction printer (MFP). According to Hoffman (2013), there exist several ways of solving common printer problems. For instance, administrators should ensure proper connection of all printers to the servers. The administrators need to install the printer driver and software on the printer that a client needs to use. In the case of a low-ink warning, a technical representative should not rush to replace the cartridge because some printers send false signals. Instead, the person in control should continue running the printer until the output degrades. Besides, administrators should install Wi-Fi printers to enable by using third-party apps that provide a wide range of printing options. The topology of a printer network depends on the volume of data or allowable bandwidth transferred across a given network. On the other hand, the topology influences the speed and efficiency of data transfer across the network. XYZ Inc should implement the Bus Topology for its printer network. To illustrate, clients can send request messages to one terminal on the entire network. Therefore, none of the terminals gets affected should

Human Resource Management Essay Example | Topics and Well Written Essays - 250 words - 2

Human Resource Management - Essay Example For example the mission statement of McDonalds is â€Å"To be our customers’ favourite place and way to eat†. It can be clearly seen here that McDonalds wants to be the favourite place for customers and hence it wants all its employees work in a similar fashion. A vision is different from mission in aspects of goal orientation. Vision is the basic goal of the company which it has to achieve in the future. It is something which the company can achieve if the mission statement is followed. Vision is set by the company for long term goals and it can only be achieved if all the protocols are followed by the employees. Both vision and mission are necessary for organizations as they help the employees to understand the basic role of the company in this world. It gives an overview to both the customers and the employees about the company and tell them as to what exactly are they trying to achieve through their

Potter Five Forces Analysis Of NYC Chauffeurs VIP Assignment

Potter Five Forces Analysis Of NYC Chauffeurs VIP - Assignment Example In spite of the strategic management process developed by the organization management policy and goals, the success of the company was limited because of the existing competition especially from new companies investing in the chauffer industry. The introduction of new services by competitors and new business ventures in the next years will affect the revenue of the company. The perception that the company will be able to wade the storm because of its past expansion record is unfounded because of the increasing competition and the inflation affecting the consumers. There are several competitors who will affect the revenue collection of the company. The main competitors in the market include the iDriveYourCar.com and the chauffernewyork services. The iDriveyourcar.com offers rental services for vehicles without offering drivers if the consumer only needs the car. The offering of flexibility in car hire increases the competition for the company because of variety and diversity. Threats from substitutes There are several substitutes to the product range provided by the company. The products are from competitors such as city taxi services and buses which offer cheaper services to the consumer. Latest changes in the transport sector and existence of other market share leaders such as MTA Company and other companies introduce substitute to the transport system offer by the VIP limo service. The company is faced with a serious challenge from cost effective service delivery companies which do not offer high end products such as the limo but have focused on cheaper alternatives such as bus transport. These companies offer substitute services that pose a serious challenge for the NYC Chauffeurs VIP company. The substitute services are cost effective and readily accessible thus a threat to the growth and expansion of the NYC Chauffeurs VIP company. Competition The chauffeur industry has several companies especially in New York. These companies include New York Chauffeur, Chauffeured Service s and Chauffeur New York. These are the main source of competition. Stiff competition is from Chauffeured Service and iDriveyour Car.com. Chauffeured services have been in the market for over one decade making it have loyal customers and brand presence and strong brand image. Other companies are also venturing on Limousine industry have developed strategic plans to increase the market share of their respective companies. Competition for the companies is stiff and any delay or drop in the level of service delivery will lead to serious loss of revenue. The competition has been moved into the social media marketing. The use of social media platform has encouraged feedback collection and service improvement. However, social media has also led to serious competition between the companies. Buyer power This is an external factor. The number of customers willing to buy the product or service is dependent on their income, which is affected by inflation and other economic factors. These facto rs affect the level and quality of service that the customer will require from the company. During the financial meltdown, the service volume requested by the customers changed significantly resulting in the drop in revenue collection. Price differences and change can force the company revenue to decline

The Country Husband Essay Example | Topics and Well Written Essays - 500 words

The Country Husband - Essay Example Francis, the leading male character of the story, suddenly finds himself in a situation where despite his efforts he cannot ignore the fact that something is missing in his suburban life. On the whole, it all seems quite right as suburban life might often look but underneath the surface lies a sense of restlessness as if there is a hole in the picture that needs to be filled. after an almost near-tragic experience on the plane, Francis returns home with a heightened sense of his mortality only to find that no one was really interested in that story. This leaves him with a sense of frustration and emptiness which makes him explore life outside his suburban existence. The reaction of his daughter Helen explains what really the core problem was. Helen, "doesnt understand about the plane crash, because there wasnt a drop of rain in Shady Hill" (Shady Hill, 54). She cannot fathom how her father could have been in an accident when weather was just fine in Shady Hill. This helps us understand what the issue is really. The people in Shady Hill cannot see beyond their own suburban boundaries. They are suffering from middle class complacency that doesn’t allow them to see beyond the limited sphere of suburban lives. That obviously limits a person’s view of the world and Francis slowly begins to realize it: â€Å"Looking back over the recent history of Shady Hill for some precedent,†¦"[Francis] found there was none. There was no turpitude; there had not been a divorce since he lived there; there had not even been a breath of scandal. Things seemed arranged with more propriety even than in the Kingdom of Heaven" (Shady Hill, 66). This surreal picture was however sometimes disturbed by people or animals that couldn’t gel well into the suburban structure. Two such people were Gertrude and Jupiter, a little girl and a black retriever, who were living lives on their own terms and in their own way. However

Conflict Can Be Character Building Essay Example for Free

Conflict Can Be Character Building Essay â€Å"Conflict Can Be Character Building† â€Å"Character building† is such a common phrase and has become a cliche designed to put a positive spin on painful experiences. While it is true to say that conflict is an inevitable aspect of life, it is not true to say that it always results in â€Å"building† people. In fact in some cases it tragically destroys them. While novelists and filmmakers, in particular, build a plotline which neatly introduces conflict, complications and crisis points which always lead to a positive resolution, real life doesn’t work that way. Stand by Me neatly follows this pattern, while real life conflicts such as friendship rifts, religious rivalries and political unrest may never be resolved and destroy many lives. Rob Reiner’s Stand By Me portrays conflict through its narrator and protagonist’s reflections of an important journey he took when he was twelve. It was a journey that helped him confront some of his own internal conflicts regarding the loss of his brother, grief and his relationship with his grieving parents. It also explored the personal conflicts of his peer group and their own internal struggles as well as the conflict they had with family and a rival â€Å"gang†. While Gordy’s â€Å"victory† in finding the body and standing up to Ace is a crisis point in which he emerges as a hero, we are aware that there are still conflicts that have been overlooked in the focus on the one experience. The other characters are glossed over as they return to their unhappy and dysfunctional homes and so too is the fact that the threat of retribution from their rivals. The film is tied up with a content Gordy who conveniently became the writer his older brother always told him he was, had a nice home and happy relationship with his own son and has memories of â€Å"friendship† to cherish. But we need to focus on the most tragic conflict from which his friend Chris does not survive. â€Å"He was stabbed in the throat; he died almost instantly. Although I hadnt seen him for more than 10 years, I know Ill miss him forever.† Group conflict is a reality most of us experience on a regular basis.It comes in many forms.It can be about friendship groups, family feuds, school or institutional authority, gang supremacy, sporting, political, religious or racial rivalries in the extreme state of outright war. Individuals and  groups do clash. Sometimes the conflicts are accepted as differences that will never change while other times they ignite violent reactions. Even bullying is seen as a conflict and for those who are truly affected by bullying and inturn suffer a life long struggle with mental health and self esteem-these people do not ‘build character’ whatever person they were has been destroyed. Instead of the polite, outgoing person-a new, changed character has come about and with it is drugs, self harm and eating disorders. Australia has seen many refugees and asylum seekers risking life and limb to reach our shores in an effort to escape conflict. We know that may of them don’t make it many losing lives at sea and others scarred by the trauma of loss and their journeys. Our community has opened itself to many of the â€Å"lucky† ones who do make it here and yet they will tell you that the conflict in their lives haven’t â€Å"built† them but harmed them. Some have confessed that they will never recover, haunted by their experiences every day is a struggle. They don’t look back and say they are glad for the conflict as it gave them an opportunity to â€Å"build character†. Many people fear conflict with others but fail to consider the harm internal conflict has on them. There is an acceptance in dealing with or being concerned about conflict with others and internal conflicts still seem to be an issue most people are ashamed to acknowledge, much less discuss. True to its name they keep it all internal and wage a struggle on the inside.Internal conflict leads many to suffer silently on a daily basis and rather than build their character it can absolutely warp them and even break them. Depression, substance abuse (drugs and alcohol) as well as self harm, risky behaviours and suicide are all results of internal struggles that have not ended in â€Å"building† but instead ruining character. â€Å"Dealing with one young person’s sexual orientation was such an internal conflict that he turned to drugs and ended up a completely different personality who sadly overdosed. Friends and family just couldn’t understand why it ended so tragically.†- It is not an uncommon story. Character building happens in many ways. Ultimately, It happens through experience, growth, education, love, relationships, travel and support to name a few. It is wrong to assume that true character growth can only happen  with painful experiences and conflicts. It may be the case that sometimes a conflict teaches us a great deal and can contribute another layer to our character, but it is also more often the case that conflict can start a chain of events that ends in tragedy and has a destructive effect on an individual or groups of people which can even reverberate for generations.

The Motivation To Choose Entrepreneurship Role Business Essay

The Motivation To Choose Entrepreneurship Role Business Essay There are varying definitions of entrepreneurship (e.g., Kirzner, 1973; Schumpter, 1934; Stevenson et al., 1989; Vesper, 1996) which portray the common feature of entrepreneurship as the act of creating a new venture (Gartner, 1985). Entrepreneurship can be regarded as the process of creating value by integrating the resources for exploiting an available opportunity. From this, it can be derived that an entrepreneur is someone who perceives an opportunity and creates an organization to pursue it (Bygrave Hofer, 1991, p 14). Timmons, (1994) has identified three crucial driving forces of entrepreneurship, which include (i) the entrepreneur or founder, (ii) the recognition of opportunity and (iii) the resources needed to found the firm. The process of entrepreneurship is complicated with the existence of various other factors such as risk, chaos, information asymmetries, resource scarcity, uncertainties, paradoxes and confusion. Successful entrepreneurship can be developed only when al l the three components are arranged in a proper fit. An entrepreneur has to face the challenge of manipulating and influencing the factors affecting the process of entrepreneurship so that he can improve the chances of success of the venture. Since opportunities seldom wait, right timing of the recognition of the opportunity becomes critically important for any entrepreneur. Literature has identified a number of factors influencing the process of entrepreneurship, which include creativity, optimism, information search, alertness, social networking and prior knowledge. Based upon the presence of some of these personal traits and by adapting to the circumstances, entrepreneurs are able to work their ways to recognizing profitable ventures and convert them into operable business ventures. However, the question remains as to which are the ones out of these factors motivate people to become entrepreneurs. The objective of the study was to examine the relative impact different motivational factors acting upon people in different age groups to take up entrepreneurial activity. 1.1 Motivation and Entrepreneurship The topic of motivation in the entrepreneurship can be addressed from an organizational psychological perspective. Campbell et al have developed a framework, which has identified the theories of motivation to progress from static, content-oriented theories to dynamic process-oriented ones. Content theories describe specific traits within individuals that initiate, direct, sustain and stop entrepreneurial behavior. Process theories on the other hand explain the ways in which behavior is initiated, directed, sustained and stopped. There are other situational and environmental factors, which influence any entrepreneurial activity. Previous research have attempted to identify these situational and environmental factors such as job displacement, previous work experience, availability of various resources, and governmental influences acting on the entrepreneurial activities of individuals. However, empirical studies on contextual factors were unable to find greater nexus between explanatory power and predictive ability (Kruegar, Reily, Carsrud, 2000). Many of the recent entrepreneurship models are process-oriented cognitive models. They mainly focus on attitudes and beliefs of individuals and the ways in which they can act on predicting intentions and behaviors. Cognitive processes often lead to all human endeavors, especially complex ones such as new venture initiation. Humans are characterized to categorize the possible future outcomes to decide on most desirable ones. They further analyze whether it is feasible to pursue attaining these desired outcomes. It is not reasonable to expect people to pursue those outcomes, which they perceive to be undesirable or unfeasible. Therefore, the perceptions of the people become an important motivational factor with respect to their entrepreneurial choices. It is found that many cognitive models explaining the motivation to choose a new entrepreneurial activity is based on Vrooms, (1964) expectancy framework. These models use different terminologies and they are built on different theoretical bases. However, the commonality among these models can be identified with Vrooms expectancy model. The Vroom model postulates that an individual can be expected to choose among alternative behaviors by considering the one, which will lead to the most desirable outcome for him. Motivation is conceptualized as the product of expectancy, instrumentality, and valence. Vrooms (1964) expectancy model forms the common base for a number of process-oriented explanations connected with entrepreneurial motivation. Current process models are grounded on the basic conception that an individuals entrepreneurial intentions to choose a particular activity are predicted by the questions (i) is entrepreneurship is desirable to him to lead to provide the desired outc omes and (ii) is entrepreneurship is feasible for him to decide whether he possesses the required qualities to become a successful entrepreneur. 1.2 Current Process Models of Entrepreneurial Motivation Baumol, (1990) suggested the role of reward structure in motivating entrepreneurial activity. Reward structure as an economic perspective for the initiation of a new venture is based on the usefulness, utility or desirability of an entrepreneurial career. Campbells (1992) decision model makes a comparison of the expected net present benefits of entrepreneurship and the expected gains from a possible employment opportunity. On the same lines, Praag Cramer, (2001) advocated that people choose entrepreneurship if they expect the rewards of such entrepreneurship would surpass the wages earned by them out of employment. Levesque, Shephard, Douglas, (2002) examined the selection of the course of action between employment and entrepreneurship in the form of self-employment in the context of a utility-maximizing model, which tends to change based on the age of the individual denoting the stage of life. The common thread among these economic models is the explicit consideration of the role of risk in choosing to become an entrepreneur. Other recent research is based on an organizational psychological framework conducted by Bird, (1988). This work suggests the importance of entrepreneurial intentions as a precursor to new venture creation stressing the need to develop a behavioral, process-oriented model of entrepreneurship. 1.3 Purpose of the Study Problem Statement There are a number of motivational factors, which influence the entrepreneurial intentions of the individuals. Extensive attitudinal research has investigated the topic of the role of different attitudinal factors because these factors have been considered as the better explanatory factors for choosing entrepreneurial activities than demographic and personality variations. Most of these studies base their findings on attitudinal factors which have an influence on confidence, enthusiasm, inclination and aspiration towards choosing entrepreneurship (Aronson, Wilson, Akert, 2005; Beugelsdijk Noorderhaven, 2004; Henderson Robertson, 2000). Some studies have examined the influence of attitude towards entrepreneurial aspiration (Krueger et al 2000). There is a void to be filled in the demographic area of research for example, the influence of age and educational qualifications on the choice of entrepreneurship has not been studied extensively. In this context, the current study will at tempt to examine the relative influence of age factor on individuals choosing to become entrepreneur. With the average age expectancy going up and the availability of resources in the hands of baby boomers, the chances of individuals becoming entrepreneurs at their middle ages cannot be ruled out. Therefore, a study of the influence of age factor on entrepreneurial decisions become important and they cannot be considered out of place. The findings of the research is expected to reveal the attitudinal and other motivational factors influencing the entrepreneurial decisions among individuals in different age groups, which can be used as a guiding factor in addressing different issues in becoming an entrepreneur in the middle age. By engaging the quantitative research method of survey through a well-constructed questionnaire, the study has focused on the examination of the entrepreneurial choice among aspiring individuals in two different age groups. The study will also present an analytical review of the available literature on the topic. For a comprehensive presentation, the paper is structured to have different chapters. The introductory chapter gives an insight into the topic under study. Chapter 2 will present a review of the relevant literature to extend the knowledge of the readers on the subject of entrepreneurial opportunity recognition process. Chapter 3 deals with the aims and objectives of the study followed by chapter 4 detailing the research methodology. Chapter 5 includes the findings of the research and a detailed discussion on the findings and some concluding remarks are presented in chapter 6.

Everything You Need to Know about Vitamins :: Science Biology

Everything You Need to Know about Vitamins Vitamin, any of the organic compounds required by the body in small amounts for metabolism, to protect health, and for proper growth in children. Vitamins also assist in the formation of hormones, blood cells, nervous-system chemicals, and genetic material. The various vitamins are not chemically related, and most differ in their physiological actions. They generally act as catalysts, combining with proteins to create metabolically active enzymes that in turn produce hundreds of important chemical reactions throughout the body. Without vitamins, many of these reactions would slow down or cease. The intricate ways in which vitamins act on the body, however, are still far from clear. The 13 well-identified vitamins are classified according to their ability to be absorbed in fat or water. The fat-soluble vitamins-A, D, E, and K-are generally consumed along with fat-containing foods, and because they can be stored in the body's fat, they do not have to be consumed every day. The water-soluble vitamins-the eight B vitamins and vitamin C-cannot be stored and must be consumed frequently, preferably every day (with the exception of some B vitamins, as noted below). The body can manufacture only vitamin D; all others must be derived from the diet. Lack of them causes a wide range of metabolic and other dysfunctions. In the U.S., since 1940, the Food and Nutrition Board of the National Research Council has published recommended dietary allowances (RDA) for vitamins, minerals, and other nutrients. Expressed in milligrams or international units (IU) for adults and children of normal health, these recommendations are useful guidelines not only for professionals in nutrition but also for the growing number of families and individuals who eat irregular meals and rely on prepared foods, many of which are now required to carry nutritional labeling. A well-balanced diet contains all the necessary vitamins, and most individuals who follow such a diet can correct any previous vitamin deficiencies. However, persons who are on special diets, who are suffering from intestinal disorders that prevent normal absorption of nutrients, or who are pregnant or lactating may need particular vitamin supplements to bolster their metabolism. Beyond such real needs, vitamin supplements are also often popularly believed to offer "cures" for many diseases, from colds to cancer; but in fact the body quickly eliminates most of these preparations without absorbing them. In addition, the fat-soluble vitamins can block the effect of other vitamins and even cause severe poisoning when taken in excess.

Standardization Of The English Language :: essays research papers fc

Standardization of the English Language There are several important events before 1500 that when listed together show a series of steps in the struggle for English language supremacy. These steps are mainly governmental, legal and official events that pushed English usage. In 1356 The Sheriff's Court in London and Middlesex were conducted in English for the first time. When Parliament opened in 1362 the Statute of Pleading was issued declaring English as a language of the courts as well as of Parliament, but it was not until 1413 that English became the official language of the courts everywhere. Thirteen years later in 1423, Parliament records start being written in English. 1400 marks date that English is used in writing wills, a seemingly small step, but one that impacted many people and began a legacy of record keeping in English. In 1450 English became the language used in   writing town laws and finally 1489 saw all statutes written in English. But it was not until 1649 that English became the language of legal documents in place of Latin. The formal rules intended to keep the use of French in official capacities were not enough to combat the effects of the Black Death and the Hundred Years War between France and England, which both contributed greatly to the rise of English and fall of French. By the fourteenth century, English was again known by most people, although French was not forgotten, and the people who spoke French were generally bilingual. The   Statute of Pleading made it law that English and not French would be used in the courts. However, it needs to be emphasized that at the end of this statement, it says that after the pleadings, debates, etc. in English were finished, they should be entered and enrolled in Latin. English became the official language of the court in 1413, but French was permitted until the eighteenth century. More than the official bureaucratic changes in rules and law were the changes in the use of the language by the everyday speakers. The changes that distinguish Early Modern English from Middle English are substantial. The rules for spelling were set down for the first time. The key is the new consistency used by teachers, printers and eventually by the general populace. The sign of maturity for English was the agreement on one set of rules replacing the spelling free- for-all that had existed. Out of the variety of   local dialects there emerged toward the end of the fourteenth century a written language that in course of the fifteenth century won general recognition and has since become the recognized standard in speech

theory of constraints :: essays research papers

Background Eastern Financial Florida Credit Union is the largest credit union in South Florida. The last three years have been intensive with rates dipping to there lowest in 40 years. Because of this, 92% of mortgage holders had economic reasons to refinance.   Ã‚  Ã‚  Ã‚  Ã‚  Eastern exists to achieve goals to improve member service, work performance and increase profitability; however, certain factors limit their capacity to manage constraints and they needed help. Eastern Weak Links Eastern needed help because they were faced with a bottleneck/constraint of having more loan applicants than they were able to timely process so they decided that the problem can be eliminated by implementing Theory of Constraints (TOC) drum-buffer rope and five focusing steps. Other weak links that need to be addressed are:  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Inability to commit to closing dates  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  A lot of work in process in the system  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Lead times too long  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Constantly shuffling priorities  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Too much expediting  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Stressful work environment  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Difficulty in responding to urgent member requests  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Overtime doesn’t increase profits  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Outsourcing doesn’t solve the problem TOC is based on the fact that all businesses operate with constraints or bottlenecks, which disable the progress or success of a company. By identifying the bottleneck, the entire operation is strengthened. Drum, Buffer, Rope (DBR) Eastern uses this view in managing constraint along with the five steps. Using DBR assures that the company is running the right thing at the right time. Five Focusing Steps  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Identify  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Exploit  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Subordinate  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Elevate  ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Inertia Identify/Drum Since we just reviewed the weak links, we must seek and destroy the bottleneck. Identifying the drum/constraint is critical to the theory of constraints. Eastern identified the constraint to be in the underwriting department. Exploit/Buffer To exploit the constraint, Eastern puts all efforts toward maximizing the area that is causing the problem, which is underwriting. Eastern provided enough work in process files to protect the systems deliverables (closing and delivery dates), which is related to the buffer. The buffer tells two things: when too much material is in the buffer and not enough. The system assures that underwriting is protected with work in process files, which is the amount of material in the buffer. This pre-determined amount of work is the rope. Subordinate Subordinating involves training others to improve the constraints area; Eastern provides the protection for all resources to underwriting and provides cross training and backups to the department; this assures that the constraint is operating continuously.

Snake Dance

* Do you respect Jerry for lying to his parents? Why or why not? Would you do the same in his position? Explain **There are situations for people where it is necessary to lie. These lies are called white lies and usually they are told for good purposes. Therefore often people don’t get upset about these lies. Sometimes,people are in situations where they have to lie. However to a degree the lies a not hurtfull for people. They are told to avoid hurting other people feelings. For instance in the story â€Å"Snake Dance† Jerry lies to his mother about his life.He tells her mother that he has a scholarship for his football and he doesn’t need money. Nonetheless he works in a milkshake store and sells milkshakes. He lies to his mother because he knows that his mother wouldn’t let him send money to her if she knew that Jerry needed the money himself. As a result Jerry lies to her mother so that his mother can afford hospital charges without worrying about his s on. This means that by lying Jerry aims to make things easier for his mother. Futhermore Jerry also tries to make her mother happy about Jerry’s life. An example of this is when Jerry told her mother that his team won the match because of him.This shows that Jerry is trying to make his mother proud and cheerfull. This way she would be joyfull herself and she would make Pop joyfull too. Secondly,in situations like Jerry’s telling the truth may be more painfull. For example if Jerry told the truth his mother probably would be depressed. Since Pop is sick and Jerry has financial problems life would be twice as hard for her. She would have to think for both Pop and Jerry. As an example she would try to work too and she would be exhausted consequently she wouldn’t be able to take care of Pop.Besides she wouldn’t except money from Jerry if she knew he needed it. Thus Pop’s health could have gone worse. Moreover with Jerry’s mom knowing the truth J erry’s families life would be more misarable,more difficult and more complicated. Consequently,If I was in Jerry’s situation I would have done the same since it means making my mothers life easier. Due to my mothers life I would have lied to because it is more exhausting for a mother to look after two people than a young man to work and send money to his family. Additionally Jerry had o help to his family for Pop’s health and the only way he could keep sending money was lying. Thus if I was Jerry I would have done the same because telling the truth can only make life harder for my family. In conclusion,I support that Jerry did the right thing by lying to his mother. I strongly believe that the truth would have cause difficulties in Jerry’s mothers life. Therefore what Jerry did was thinking about his mother more than himself. As a result I think he did the right thing and I respect Jerry for telling this kind of a white lie to his parents.

Cases

1. Commonwealth v State of Tasmania http://en. wikipedia. org/wiki/Commonwealth_v_Tasmania 2. Lee v Knapp In Lee v Knapp [1967] 2 QB 442 an Act required that a motorist â€Å"stop† after an accident. The defendant claimed that they did in fact momentarily halt, before proceeding, therefore complying with a commonly accepted literal meaning of â€Å"stop†. The judge found that in this circumstance â€Å"stop† meant halt and wait for police or other officials to investigate the accident. A literal interpretation was against the purpose of the law. 3a Smith v Hughes SMITH v HUGHES (1960) 1 WLR 830 LORD PARKER CJ: These are six appeals by way of case stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by police officers against the defendants, in each case that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to section 1 (1) of the Street Offences Act, 1959. ’ The magistrate in each case found that the defendant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the defendant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the attention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. LORD PARKER CJ: These are six appeals by way of Cases Stated by one of the stipendiary magistrates sitting at Bow Street, before whom informations were preferred by the respondent in each case against the appellant for that she ‘being a common prostitute, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. The magistrate in each case found that the appellant was a common prostitute, that she had solicited and that the solicitation was in a street, and in each case fined the appellant. The facts, to all intents and purposes, raise the same point in each case; there are minute differences. The appellants in each case were not themselves physically in the street but were in a house adjoining the street. In one case the appellant was on a balcony and she attracted the ttention of men in the street by tapping and calling down to them. In other cases the appellants were in ground-floor windows, either closed or half open, and in another case in a first-floor window. The sole question here is whether in those circumstances each appellant was soliciting in a street or public place. The words of s 1(1) of the Act are in this form: ‘It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution. ’ Observe that it does not say there specifically that the person who is doing the soliciting must be in the street. Equally it does not say that it is enough if the person who receives the solicitation or to whom it is addressed is in the street. For my part, I approach the matter by considering what is the mischief aimed at by this Act. Everybody knows that this was an Act intended to clean up the streets, to enable people to walk along the streets without being molested or solicited by common prostitutes. Viewed in that way, it can matter little whether the prostitute is soliciting while in the street or is standing in a doorway or on a balcony, or at a window, or whether the window is shut or open or half open; in each case her solicitation is projected to and addressed to somebody walking in the street. For my part, I am content to base my decision on that ground and that ground alone. I think that the magistrate came to a correct conclusion in each case, and that these appeals should be dismissed. HILBERY J: I agree. 9, Curzon Street, from the papers in front of us, appears to be let to two prostitutes who practise their profession from that address, and the way of practising it is shown by the Cases Stated, as my Lord has said; in one case by tapping on the window pane with some metal object as men passed by in the street in front of her, and then openly inviting them into her room. In the other cases it was done by tapping on the windows of various rooms occupied by these prostit utes and then, if the window was open, giving nvitations by way of solicitation or signals representing solicitation. In each case signals were intended to solicit men passing by in the street. They did effect solicitation of the men when they reached those men. At that moment the person in the street to whom the signal was addressed was solicited and, being solicited in the street, I agree with the conclusion of my Lord and for these reasons I have intimated that these appeals must be dismissed. DONOVAN J: I agree with both the judgments which have been delivered. Cases stated These were appeals by Cases Stated from the adjudications of one of the magistrates of the police courts of the metropolis sitting at Bow Street Magistrates’ Court as a magistrates’ court, before whom informations were preferred on 27 November 1959, 8 December 1959, 5 January 1960 and on a day unknown in 1960 by the respondents, police officers, that the appellants, Marie Theresa Smith and Christine Tolan being common prostitutes, did solicit in a street for the purpose of prostitution, contrary to s 1(1) of the Street Offences Act, 1959. There were two informations against Marie Theresa Smith, which were heard on 4 February 1960, when the following facts were found. The appellant was a common prostitute, living at 39, Curzon Street, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 8. 50 pm and 9. 5 pm the appellant solicited men passing in the street for the purposes of prostitution from a first floor balcony of 39, Curzon Street, the balcony being some eight to ten feet above street level. The appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the balcony railing with some metal object and by hissing to them as they passed in the street beneath her, and (ii) having so attracted their attention, to talk with them and invite them to come inside the said premises by such words as ‘Would you like to come up here a little while? ’ at the same time as she indicated the correct door of the premises. That on 9 January 1960, between 12. 0 am and 1 am the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street, the window being some three feet from railings, four feet high, which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) hav ing so attracted their attention, to invite them in for a price which she indicated by extending three fingers of her hand and indicating the correct door of the premises. That on one occasion the price so indicated by the appellant was agreed and the man entered the premises, leaving some fifteen minutes later. On another occasion the price so indicated by the appellant was not agreed by the man concerned, who made a counter-proposal as to price by extending two fingers of his hand. This counter-proposal was not accepted by the appellant and the man walked away. There were four informations against Christine Tolan which were heard on 4 February 1960, two being heard also on 8 February 1960, when the following facts were found. That the appellant was a common prostitute living at 39, Curzon Street, London, W1, and using the premises for the purposes of prostitution. That on 4 November 1959, between 9. 25 pm and 9. 35 pm the appellant solicited men passing in the street for the purposes of prostitution from a half-open ground floor window of 39, Curzon Street, the window being some three feet from four feet high railings which bounded the pavement on the side of the premises. That the appellant’s method of soliciting the men was (i) to attract their attention to her by half leaning out of the window towards the men as they passed by in the street in front of her and (ii), having so attracted their attention, to talk with them and invite them inside the premises by such words as ‘A short time for ? 3’ at the same time as she indicated the correct door of the said premises. That on 4 December 1959, at about 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii), having so attracted their attention, to invite them inside the premises by smiling and indicating the correct door of the premises. That on one occasion a man accepted the appellant’s suggestion and went towards the door of 39, Curzon Street, which the appellant was holding open ready for him to enter. However, when a police officer came up, the appellant hastily slammed the door and the man left (not having entered the premises). About five minutes later a second man left the premises. That on 5 December 1959, at about 10. 40 pm the appellant solicited men passing in the street for the purposes of prostitution from a closed ground floor window of 39, Curzon Street. That the appellant’s method of soliciting the men was to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street in front of her and (ii) having so attracted their attention to talk to them and invite them inside the said premises at the same time as she indicated the correct door of the said premises. That on 15 December 1959, between 10. 30 pm and 10. 50 pm the appellant solicited men passing in the street for the purposes of prostitution from a partly open first floor window of 39, Curzon Street, the window being about ten feet above street level. That the appellant’s method of soliciting the men was (i) to attract their attention to her by tapping on the window pane with some metal object as they passed by in the street beneath her and (ii) having so attracted their attention, to invite them in by gestures and for a price she indicated by extending three fingers of her hand and indicating the correct door of the premises. It was contended for the appellants that the balcony; the interior of the premises behind a closed or half closed window on the ground floor; and the interior of a building behind a slightly open window on the first floor were not ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly no offence had been committed. It was contended for the respondents that the soliciting had taken place ‘in a street’ within the meaning of that Act. The magistrate was of opinion that the said soliciting had taken place ‘in a street’ within the meaning of s 1(1) of the Street Offences Act, 1959, and accordingly convicted the appellants. 3. Carlill v Carbolic Smoke Ball Co. [1983] 1QB 256 (p259) Background The British influenza epidemic of 1891-92 extracted a heavy toll on human life. To the purveyors of quack medicines it provided a wonderful opportunity. The last decade of the nineteenth century was the golden age of quackey and the carbolic smoke ball patented by Frederick Roe in December 1989 was merely one of a range of devices that were aggressively promoted to a naive public at that time. Roe’s patent application described his smoke ball as ‘An improved device for facilitating the distribution, inhalation and application of medicated and other powder’ Although the patent specification envisaged other powders being used, Roe confined himself to using carbolic acid or phenol in powder form, this being the standard germ killer of the time. Early advertisement for this smoke ball made typically extravagant claims: Will positively cure Influenza, catarrh, Asthma, Bronchitis, Hay fever, Neuralgia, Throat deafness, Hoarseness, Loss of voice, Whooping cough, Croup, Coughs, Colds, and all other ailments caused by Taking cold. Facts An advertisement that offered a reward of ? 100 ‘ to any person who contracts the increasing epidemic, influenza, colds,†¦after having used the ball according to the printed directions’. Gave rise to litigation. The company was so convinced of the infallibility of its product that its advertisement pointed out that it had deposited the sum of ? 000 with its bank as ‘proof of its sincerity’. The advertisement that gave rise to the litigation first appeared in the Pall Mall Gazette on 13 November 1891. Mrs Carlill bought a carbolic smoke ball from a chemist shop, and used it three times daily for two weeks in accordance with the written instructions, she nevertheless c ontracted influenza. When the company refused to pay the ? 100 reward, Mrs Carlill sued for breach of contract. Issues In this defence the Carbolic smoke ball co. raised virtually every possible argument that was available to deny the existence of a contract. In summary he company argued that: †¢ The newspaper advertisement was not an offer †¢ Even if it was an offer, Mrs Carlill had not validly accepted the offer. †¢ Even if she had, the arrangement was not intended to create the legal relations †¢ Even if it was, she had provided no consideration in exchange for the company’s promise †¢ Even if a contract had been formed, it was of no effect since it failed to meet certain statutory requirements. Decision The English court of appeal dismissed all of these arguments and held that a valid contract had been formed and consequently Mrs Carlill was entitled to the ? 100. Implications For present purposes, the main implications of the case are in the way that court of appeal rejected the various arguments advanced to suggest that the advertisement didn’t constitute an offer. The company’s argument that the advertisement was not a statement that people would take seriously (it was a ‘mere puff’) was rejected by reference to the statement that ? 1000 had been deposited with the Alliance Bank to show the company’s ‘sincerity in the matter’. Lindley LJ(at 261) stated: Now, for what was the money deposited or that statement made except to negative the suggestion that this was a mere puff and meant nothing at all? The deposite is called in aid by the advertiser as proof of his sincerity in the matter- that is, the sincerity of his promise to pay this ? 100 in the event which he has specified. I say this for the purpose of giving that point to the observation that we are not interring a promise, there is the promise, as plain as words can make it. The company argued that the advertisement was so vague and incomplete that reasonable people wouldn’t interpret it. To contain any legal promise. For example, the advertisement didn’t specify any time limit within which a person had to contract influenza in order for them to claim the reward. Neither was there any way for the company to check that smoke ball had been correctly used. Bowen LJ held that: The answer to that argument seems to me to be that if a person chooses to make extravagant promises of this kind he probably does so because it pays him to make them, and, if he has made them, the extravagance of the promises is no reason in law why he shouldn’t be bound by them. Lindley LJ conceded that the language was vague and uncertain in some respects but nevertheless considered that ‘business people or reasonable people ‘ would understand it to mean that ? 00 would be paid to anybody who used the smoke ball three times daily for two weeks according to the printed directions, and who contracted influenza within a reasonable time after so using it. In response to the company’s argument that an offer had to be directed at a particular person or persons and couldn not be made to the whole world. Browen LJ stated that: It was also said that the c ontract is made with all the world. †¦that is †¦with everybody, and that you can not contract with everybody. it is not a contract made with all the world. There is fallacy of the argument. It is an offer made to all the world,and why should not any offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? It is an offer to become liable to any one who, before it is retracted, performs the condition, and although the offer is made to the world, the contract is made with that limited portion to the public who come forward and perform the condition on the faith of the advertisement. 4. Havey v Facey [1983] (p259) 5. Pharmaceutical society of Great Britain v Boots Cash Chemist (p258) 6. Fisher v Bell (p257) 7. Partridge v Crittenden (p257) 8. R. Clarke (p265) Clarke, had claimed ? 1000 from the police in the following circumstances. In May 1926 the commissioner of police gave notice by proclamation that he was authorized by the government of western Australia to ‘offer a reward of ? 1000 for such information as shall lead to the arrest and conviction of the person who committed the murders’ of an inspector of police and a sergeant of police, and that the governor would be advised to extend a free pardon to any accomplice not being the person who actually committed the murders who should first give the information. In June, one Treffene and Clarke were arrested and charged with one statement which led to the arrest of one coulter. Coulter and Treffene were convicted of the murder, Clarke giving evidence in accordance with is statement. Clarke was released and claimed the reward. The R alleged inter alia by way of defence that his statement was not made with a view to obtaining the reward. His petition was dismissed at first instance, the judge finding that he had not acted on the faith entering into any contract, but rather that he acted to save himself from the unfounded charge of murder. The plaintiff failed in an action to claim a reward offered for information leading to the conviction of a murderer. He knew of the reward but be admitted in court he gave the information to save himself from being charged with the murder and with the reward’ not present to his mind’. Higgins J, 241 stated that: The motive inducing consent maybe immaterial but the consent is vital. Without that there is no contract†¦Clark had seen the offer, indeed, but it was not present to his mind.. he had forgotten it, and gave no consideration to it, in his intense excitement as to his own danger. There can not be assent without knowledge of the offer, and ignorance of the offer is the same thing whether it is due to never hearing of it or forgetting it after hearing. (Acceptance must be made in reliance on the offer) 9. Hyde v Wrench June 6. The defendant wrote to the plaintiff offering to sell his farm for ? 1000. The plaintiff’s agent immediately called on the defendant, and made an offer of ? 920 which the defendant wished to have a few days to consider. June 27, the defendant wrote to say that he could not accept this offer. June 29, the plaintiff wrote ‘accepting’ the offer of June 6. The plaintiff brought an action for specific performance. The defendant filed a general demurrer. The Master of the rolls: Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The defendant offered to sell it for? 1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract. Instead of that, the plaintiff made an offer of his own, to purchase the property for ? 950, and he thereby rejected the offer previously made by the defendant. I think that it was not fterwards competent for him to revive the proposal of the defendant, by tendering an acceptance of it, and that, therefore, there exists no obligation of any sort between the parties, the demurrer must be allowed. 10. Stevenson Jacques & Co. v McLean The plantiffs and the defendant were negotiating about the sale of a quantity of iron for which the defendant held warrants. Saturda y: The defendant wrote: â€Å"†¦I would now sell for 40s. net cash,open till Monday. † Monday: The plaintiffs telegraphed: â€Å"Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give. The defendant received the telegram at 10. 01am and subsequently sold the iron to a third party. 1. 25pm: the defendant telegraphed that he had sold the iron. 1. 3pm: the plaintiffs, having had no reply to their telegram, telegraphed again, accepting the offer to sell at 40s. cash. 1. 46pm: the defendant’s telegram arrived. The plaintiff sued for breach of contract, and the defendant objected that the telegram sent by the plaintiffs on the Monday morning was a rejection of the defendant’s offer and a new proposal on the plaintiffs’ part, and therefore that the defendant had a right to regard it as putting an end to the original negotiation. Lush J: Looking at the form of the telegram, the time when it was sent, and the state of the iron market, I can not think this is its fair meaning. The plaintiff Stevenson said he meant it only as an inquiry, expecting an answer for his guidance, and this, I think, is the sense in which the defendant ought to have regarded it. Stevenson, Jacques & Co v. McLean (1880) 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. McLean wrote to Stevenson, Jacques & Co. n Middlesbrough asking if he could get an offer for warrants on iron ore. He said 40s per ton in cash was the lowest price, the offer open till Monday. At 7. 42am, Stevenson telegraphed saying ‘Please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give. ’ McLean did not answer, and sold at 1. 25pm to someone else. Stevenson, before hearing, telegraphed saying he had secured a price. McLean refused to deliver the iron, and Stevenson brought an action for non-delivery. Lush J held that the plaintiffs’ telegram at 9. 42 was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Therefore McLean’s offer was still open when Stevenson accepted it. 11. Power v Lee(266) 12. Felthouse v Bindley (p265) 13. Household Fire Insurance v Grant (267) 14. Holwell secutrities v Hughes (p267) 15. Brinkibon Ltd v Stahag Stahl und Stahlwarenhandelsgesellschaft mbH Brinkibon Ltd v Stahag Stahl [1983] 2 AC 34 is a leading decision of the House of Lords on the formation of a contract using telecommunication. The Lords largely accepted the earlier leading decision of Entores v Miles Far East Co. [1955] 2 QB 327 on acceptance via telex. Brinkibon was a London company that purchased steel from Stahag, a seller based in Austria. Brinkibon sent their acceptance to a Stahag offer by Telex to Vienna. Brinkibon later wanted to issue a writ against Stahag and applied serve an out of jurisdiction party. They would only be able to do so if the contract had been formed in England. The question at issue was where the contract was formed. The Lords decided that the contract was formed in Vienna. They accepted the principle in Entores v Miles Far East Co where in the case of instantaneous communication, which included telex, the formation occurs in the place where the acceptance is received. Lord Wilberforce, however, did not see the rule as applying to all circumstances: Since 1955 the use of Telex communication has been greatly expanded, and there are many variants on it. The senders and recipients may not be the principals to the contemplated contract. They may be servants or agents with limited authority. The message may not reach, or be intended to reach, the designated recipient immediately: messages may be sent out of office hours, or at night, with the intention, or on the assumption that they will be read at a later time. There may be some error or default at the recipient’s end which prevents receipt at the time contemplated and believed in by the sender. The message may have been sent and/or received through machines operated by third persons. And many other variants may occur. No universal rule can cover all such cases; they must be resolved by reference to the intentions of the parties, by sound business practice and in some cases by a judgement where the risks should lie. 16. Dickinson v Dodds (1876) (p261) Dodds offered to sell Dickson some houses for ? 800. This offer was stated ‘to be left over Friday, 9am’. However, Dodds sold the houses to someone else on the Thursday. Dickson heard of this sale indirectly but still handed Dodds a formal acceptance of the offer before 9am. Friday, it was held that no contract was formed with Dickson. The offer had been revoked before acceptance since Dickinson had actually received notice of the revocation even though this was not from the offeror. (General rule: an offer can be revoked (withdrawn or cancelled) by the offeror any time before it is accepted. A revocation is not effective until the offeree becomes aware of it. It is not necessary that offeror personally communicate the revocation to the offeree. It is sufficient if a reasonable person would be aware that the offer had been withdrawn. 17. Byrne & Co. v. Van Tienhoven & Co. October 1: The defendants, in Cardiff, posted a letter to the plaintiffs, in New York, offering to sell them 1000 boxes of tinplates. October 8: The defendants posted a letter revoking their offer. October 11:The plaintiffs telegraphed acceptance October 15: The plaintiffs confirmed their acceptance by letter. October 20: The defendants’ letter of revocation reached the plaintiffs. (Revocation is effective when it arrives. Postal acceptance Rule) 18. Rose & Frank Co. v Crompton & Bros. The defendant manufactured carbon paper in England. The plaintiff bought the defendant's paper and sold it in New York. After dealing with each other for a number of years they entered into a written agreement as to the plaintiff having exclusive rights to buy and sell the defendant's goods. The agreement stated: â€Å"This agreement is not a formal or legal agreement. It will not be subject to the jurisdiction of either the British or American courts. It is a record of the intention of the parties to which they honourably pledge themselves and is to be carried out with mutual loyalty and friendly co-operation. Following a series of disputes the plaintiff claimed that the defendant was in breach of the agreement and the trial judge held that it was legally binding. The defendant appealed and the Court Of Appeal overturned the decision – it was quite possible for parties to agree that a legal relationship would not be formed. Bankes LJ said that an intention to be legally bound was essential. With business arrangements it usual ly follows as a matter of course that legal relations are intended. Whilst it was â€Å"most improbable† that firms engaged in international business arrangements should not have intended legal consequences there is no legal obstacle to prevent them from doing so. He added further that there is no law or issue of public policy that should preclude this rule. Thus after reading the agreement in its ordinary meaning, he said â€Å"it is manifest that no action can be maintained on the basis of it. † (Intention to create relations) 19. Balfour v Balfour (p271) 20. Merritt v Merritt The court held that the presumption that agreements between husband and wife are not intended to create legal relations doesn’t apply when they are not living in amity but are separated or about to separate. H had left W and was living with another woman. He agreed to pay W ? 40 a month. And signed a written agreement that, in consideration of W’s paying off the mortgage on their jointly owned house, he would then transfer it to her sole ownership. W paid off the jointly owned house, he would then transfer it to her sole ownership. W paid off the mortgage, Stamp J, made a declaration that W was the sole beneficial owner. H’s appeal was dismissed. Lord Denning said:’In all these cases the court does not try to discover the intention by looking into the minds of the parties. It looks at the situation in which they were placed and asks itself: would reasonable people regard this agreement as intended to be binding? † (google)A husband and wife separated. They then met to make arrangements for the future. After this the husband agreed to pay ? 40 per month maintenance, out of which the wife would pay the mortgage. When the mortgage was paid off it was agreed he would transfer the house from joint names to the wife's name. He wrote this down and signed the paper, but later refused to transfer the house. It was held that when the agreement was made, the husband and wife were no longer living together, therefore they must have intended the agreement to be binding, as they would base their future actions on it. This intention was evidenced by the writing and therefore the husband had to transfer the house to the wife. 21. Jones v Vernons Pools Ltd (p272) 22. White v Bluett (p277) 23. Roscorla v Thomas (p277) 24. Re Casey’s Patents (google) A and B owned a patent and C was the manager who had worked on it for two years. A and B then promised C a one-third share in the invention for his help in developing it. The patents were transferred to C but A and B then claimed their return. It was held that C could rely on the agreement. Even though C's consideration was in the past, it had been done in a business situation, at the request of A and B and it was understood by both sides that C would be paid and the subsequent promise to pay merely fixed the amount. (past consideration is good if: Must be done at the promisor's request Parties understand that the act was to be rewarded. Payment must have been legally enforceable had it been promised in advance) 25. Collins v Godefroy This case (Collins v Godefroy [1831] 1 BAd 950) is the archetype of cases where a duty imposed by law cannot be taken as Consideration to support a Contract. Godefroy promised Collins six guineas if he would attend court to testify on his behalf. At his agreement, Collins was subpeonaed. Godefroy refused to pay. In his defence, he claimed that there was no consideration moving from Collins, as he was obliged to attend court anyway. This view was upheld by the court. (It was held that as Collins was under a legal duty to attend court he had not provided consideration. His action therefore failed. ) 26. Ward v Byham The father of an illegitimate child agreed to pay the mother a sum of money for maintenance, provided that the child be well looked after and happy, and that the mother offer the child the choice of which parent to live with when she was old enough to understand. The father made payments until the child's mother married, and then he refused. The mother sued for breach of contract. The father's defence was that there was no consideration to the agreement, as the mother was legally obligated to care for the child. The Court of Appeal ruled that the mother had exceeded her statutory duty by bringing up the child in a particular way, and in accordance with the wishes of the father, and this was sufficient consideration. (Do more than public duty is good consideration) 27. Dunton v Dunton (p277) 28. Glasbrook Brothers Ltd v Glamorgan County Council (p278) 29. Stilk v Myrick (p278) 30. Musumeci v Winadell Pty Ltd (p278) 31. Shadwell v Shadwell (279) 32. Hartley v Ponsonby (p279) 33. Pinnel’s case ( ) The plaintiff sued the defendant for the sum of ? 8 10s. The defence was based on the fact that the defendant had, at the plaintiff's request, tendered ? 5-2s-6d before the debt was due, which the plaintiff had accepted in full satisfaction for the debt. payment of a lesser sum on the day in satisfaction of a greater, cannot be any satisfaction for the whole, because it appears to the Judges that by no possibility, a lesser sum can be a satisfaction to the plaintiff for a greater sum: but the gift of a horse, hawk, or robe, etc. in satisfaction is good†¦ [as] more beneficial to the plaintiff than the money. The rule is obiter dicta. In Pinnel's Case itself the debt was paid before the date of satisfaction, which was considered good consideration. 34. Foakes v Beer (p279) 35. Central London property Thust Ltd. v High Tress house Ltd. (p281) 36. Waltons Stores (interstate)Ltd. v Macher (p281) 37. Donoghue v Stevenson (p172) 38. Perre v Apand (p201) 39. Bolton v Stone (p187) 40. Haley v London Electricity Board (photocopy) 41. Pairs v Stepney BC (p190) 42. WATT v HERTFORDSHIRE COUNTY COUNCIL [1954] 1 WLR 835 DENNING LJ: †¦ It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. Full text SINGLETON LJ: The plaintiff was employed in the fire service under the control of the defendants and he was stationed at Watford. He had a serious accident on 27 July 1951, as a result of which he brought this action, claiming damages for negligence. His case is that the defendants undertook to exercise the care which they owed to him and to other men employed in the fire service, and he gives particulars of negligence. There are always firemen on duty at the fire station at Watford, and on 27 July 1951, an emergency call was received there to the effect that there had been an accident and that a woman was trapped under a heavy vehicle about two hundred or three hundred yards away. In view of the nature of the emergency the officer in charge, Sub-officer Richards, gave directions that two teams of men should go out, and he himself went with the first team. It was clear that there might be need for lifting apparatus of some kind, and at the fire station there was a jack capable of raising heavy weights. The jack did not belong to the fire service. It was the property of London Transport Executive, whose practice it is to lend out jacks of this kind to various fire stations, and, perhaps, to other bodies, so that they can be on call in case of need. Thus, the jack was on loan to the defendants at this fire station. It is only on rare occasions that there is an emergency call requiring the services of a jack of this kind. The plaintiff had been in the fire service in Hertfordshire since 1939, and he had only known of one emergency call on which a jack was required. The defendants had an Austin vehicle fitted to carry this jack. The fire station at Watford is not a large one, and it had not a great many vehicles. The Austin vehicle was the only one fitted to carry the jack, but it was not kept purely for that purpose. It had other services to perform during part of the week, and on this day it was properly out on other service. The jack stands on four small wheels, two of which are castored, which means that they may turn all the way round the circle. There was at the fire station only one vehicle on which the jack could be carried in the absence of the Austin vehicle, a Fordson lorry, and before leaving with his team Sub-officer Richards told the leading fireman in charge of the second team, of which the plaintiff was a member, to take the jack on the lorry. Consequently, the five men in the second team lifted up the jack, which weighed between two and three hundredweight, and put it on to the flat Fordson lorry, which had boards at the sides and a tailboard. They got on the lorry themselves, two in the front seat, and three sitting in the body. The plaintiff was in the forward part of the body on the right-hand side, and the other two men there were, perhaps, a little further back and on the other side, and they held the jack somehow. Obviously there might be movement of the jack in the lorry, for there were no means of securing it, no place on which anything could be tied, and no built-in system which would prevent movement. There was, therefore, a risk. The men knew what they were doing. They started their journey, which was only two hundred or three hundred yards. But on the way something happened to cause the driver to apply his brakes suddenly, the jack moved inside the lorry, the plaintiff’s leg was caught, and he was injured. In these circumstances he claimed that the defendants, his employers, were negligent in that they ‘(a) failed to load or secure the said lifting jack in such a way that it could not become dislodged;(b) loaded the said lifting jack in such a way that they knew or ought to have known it was likely that if the said lorry pulled up suddenly the same would become dislodged and cause injuries to any person riding on the back of the said lorry;(c) permitted and/or caused the laintiff to ride on the back of the said lorry on to which the said lifting jack had been loaded as aforesaid;(d) caused or permitted the said jack to be transported on the said lorry which as the defendants knew or ought to have known was not provided with clips straps or other suitable means to secure the same;(e) failed to provide any or any adequate supervision of the loading of the said jack on to the said lorry’; and it was claimed that the plaintiff’s accident was due to negligence, and that he was entitled to recover damages against the defendants. Barry J heard the action, and on 16 December 1953, he gave judgment in favour of the defendants, holding that it was not shown that they had been guilty of any negligence towards the plaintiff or towards their other employees. I am in complete agreement with his judgment. The fire service is a service which must always involve risk for those who are employed in it, and, as counsel for the plaintiff pointed out, they are entitled to expect that their equipment shall be as good as reasonable care can secure. An emergency arose as often happens. Mr Richards, the sub-officer who had given the order, was asked in re-examination: ‘From your point of view you thought it was a piece of luck, with this unfortunate woman under the bus, that the Fordson was available and you could use it? A. – Yes. It is recognised in the service that we use our initiative at all times, and in doing so any reasonable step you take is considered satisfactory if it is a question of saving life. You have to make a sudden decision. ’ It is not alleged that there was negligence on the part of any particular individual, that the driver was negligent in driving too fast, or that Sub-officer Richards was negligent in giving the order which he did. The case put forward by counsel for the plaintiff in this court is that, as the defendants had a jack, it was their duty to have a vehicle fitted in all respects to carry that jack, from which it follows, I suppose, that it is said a vehicle must be kept at the fire station at all times, or that, if there is not one, the lifting jack must not be taken out. Indeed, counsel claimed that, in the case of such an occurrence as this, if there was no vehicle fitted to carry the jack, the sub-officer ought to have telephoned to the fire station at St Albans and arranged that they should attend to the emergency. St Albans is some seven miles away, and it was said an extra ten minutes or so would have elapsed if that had been done. I cannot think that is the right way to approach the matter. There was a real emergency. The woman was under a heavy vehicle. These men in the fire service thought they ought to go promptly, and thought they ought to take a lifting jack, and they did so. Most unfortunately this accident to the plaintiff happened. The duty owed by employers has been stated often. Lord Herschell in Smith v Baker & Sons said ([1891] AC 362): ‘It is quite clear that the contract between employer and employed involves on the part of the former the duty of taking reasonable care to provide proper appliances, and to maintain them in a proper condition, and so to carry on his operations as not to subject those employed by him to unnecessary risk. The employee in this case was a member of the fire service, who always undertake some risk, though, according to counsel for the plaintiff, not this risk. Is it to be said that, if an emergency call reaches a fire station, the person in charge has to ponder on the matter in this way: Must I send out my men with the lifting jack in these circumstances, or must I telephone to St Albans , seven miles away, to ask them to undertake the task? I suppose he must think about his duty, but what would a reasonable man do placed as he was? Would the reasonably careful head of the station have done anything other than that which Sub-officer Richards did? I think not. Can it be said, then, that there is a duty on the employers here, the defendants, to have a vehicle built and fitted to carry this jack at all times, or, if they have not, not to take the jack for a short journey of two or three hundred yards? I do not think that will do. Asquith LJ in Daborn v Bath Tramways Motor Co Ltd & Trevor Smithey said ([4946] 2 All ER 336): ‘In determining whether a party is negligent, the standard of reasonable care is that which is reasonably to be demanded in the circumstances. A relevant circumstance to take into account may be the importance of the end to be served by behaving in this way or in that. As has often been pointed out, if all the trains in this country were restricted to a speed of five miles an hour, there would be fewer accidents, but our national life would be intolerably slowed down. The purpose to be served, if sufficiently important, justifies the assumption of abnormal risk. ’ The purpose to be served in this case was the saving of life. The men were prepared to take that risk. They were not, in my view, called on to take any risk other than that which normally might be encountered in this service. I agree with Barry J that, on the whole of the evidence which was given, it would not be right to find that the defendants as employers were guilty of any failure of the duty which they owed to their workmen. In my opinion, the appeal should be dismissed. DENNING LJ: It is well settled that in measuring due care one must balance the risk against the measures necessary to eliminate the risk. To that proposition there ought to be added this. One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency, there could be no doubt that the servant would succeed. But the commercial end to make profit is very different from the human end to save life or limb. The saving of life or limb justifies taking considerable risk, and I am glad to say there have never been wanting in this country men of courage ready to take those risks, notably in the fire service. In this case the risk involved in sending out the lorry was not so great as to prohibit the attempt to save life. I quite agree that fire engines, ambulances and doctors’ cars should not shoot past the traffic lights when they show a red light. That is because the risk is too great to warrant the incurring of the danger. It is always a question of balancing the risk against the end. I agree with my Lord that this appeal should be dismissed. MORRIS LJ: I also agree. The accident in this case came about as a result of a somewhat unusual concatenation of circumstances. There had for a long time been no call for the use of the jack. Any such call, according to the evidence, was extremely rare. It so happened that a call came at a time when the Austin vehicle which would normally have carried the jack was otherwise engaged. I do not think it can be said to have been unreasonable to have had the Austin vehicle for use in the way that was arranged. Had the fire station been larger, had there been unlimited resources, unlimited space, and an unlimited number of vehicles, then it may be that another fitted vehicle would have been available. But that was not reasonably practicable or possible. When the call for the jack came, Mr Richards had to decide what to do, and I do not think that it would have been in accordance with the traditions of the fire service if he had said that he could do nothing other than call on St Albans. What he decided to do was in accordance with the practice of the fire service. Mr Bottin, the assistant chief officer in the London Fire Brigade, speaking of the provision of jacks, pointed out that in London there are twenty-nine sets of lifting gear, one being provided for every two stations. He said in evidence: ‘Q. Can you always undertake that that one vehicle will be available for the transport of a jack? A. – No. Q. – In your view is it reasonably practicable for a fire service to adapt all of its vehicles for the transport of jacks? A. – No. I would not think it was reasonable. Q. – You have been a station officer, have you not? A. – I have. Q. – Supposing you found yourself in charge of a stati on, and supposing the equipment available was not that most suitable for the purpose but you found that human life was in danger and you might save it by adopting a method not entirely suitable, what in your view would be your duty as a station officer? A. – I have had that experience, and I did not hesitate to get the equipment there as quickly as possible. ’ As I have said, I think Mr Richards acted in accordance with the traditions of the service, and I cannot for one moment think that the employers could be held responsible as having failed in the performance of their duties. I agree that the appeal fails. 43. Rogers v Whitaker (p189) 44. Barnett v Chelsea Hospital 45. March v E. & M. H Stramare Pty. Ltd.