...[COURT OF APPEAL] MILLER AND ANOTHER v. JACKSON AND OTHERS [1975 M. No. 173] 1977 March 31, April 1; 6Lord Denning M.R., Geoffrey Lane and Cumming-Bruce L.JJ. * Injunction - Jurisdiction to grant - Nuisance - Houses built adjoining village cricket ground - Damage to property and potential danger to occupants - Action by householder for damages for negligence and nuisance and injunction against playing cricket - Liability established - Whether equitable remedy of injunction appropriate where public interest outweighing interest of private individuals Members of a village club played cricket in the evenings and at week-ends in the summer months on a small ground where cricket had been played since about 1905, when it was surrounded by agricultural fields. The ground was leased to the club by the owners, the National Coal Board, which in, 1965 sold part of the adjacent pasture land to the local council who in 1970 sold it to developers. A line of houses was built so sited that it was inevitable that so long as cricket was played on the ground some balls hit beyond the boundary would fall into the rear gardens or on to or against the houses, despite a six-foot concrete boundary fence. In 1972 the plaintiffs bought one of the houses the rear [1977] Q.B. 966 Page 967 garden of which had a boundary with the cricket ground. Soon after taking possession they began to complain of incidents causing actual damage to their house and apprehension of personal injury which interfered...
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...from enjoying and using their property like they had in previous years.” (Janice J. Cook,” 2003). They complained that the wetness was a recurring issue that they dealt with over a course of a few years. After an attempt to remedy the issue did not suffice, the plaintiffs filed a petition 2000 for assistance in the matter from the court stating that this created a nuisance. How does the court decide whether or not a use of land is unreasonable? The law of tort on private nuisance “is referred to any unlawful interference with a person's use or enjoyment of land or some right over or in connection with it...” (The social sciences, 2011) If there is an interference which causes a person to not enjoy their property this could uprise problems the court would evaluate both sides of the situation by “balancing the gravity of the harm to the plaintiff against the utility of the defendant's conduct, both to himself and to the communty...” (Reed, 2012) After submission of substanstial evidence the courts did uphold their initial decision and ordered the defendats to remove their home. Do you believe that courts in nuisance cases are acting in the general welfare or common good of the public? Yes, there are...
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...EMPLOYERS’ LIABILITY An employer has a DOC to see that reasonable care is taken to ensure the safety of employees. The DOC of the employer to employee extends to the provision of competent staff, a safe place of work, safe equipment and a safe system of work. -Metropolitan Parks v Percival The respondent lost both legs following a fall from a flat-bed truck on which he worked. During the course of the afternoon, there was an interlude for refreshments. The respondent admitted to having had either three or four drinks of alcohol. The medical report indicated that the respondent was indeed intoxicated as a result. On his way home, the respondent fell from the back of the truck and his legs were unfortunately crushed. The major point in this case was whether MPM had provided a safe work system. The court held that, the failure of duty to provide a safe system was not the effective cause of the accident. It was the respondent’s intoxication that was the effective cause of the accident. A safe system of work had been provided. The system had been ignored by the employees including the respondent. The circumstances of each case have to be considered in determining what is a safe system of work, as the requirements depend entirely on what exits at the workplace and on the level of danger that a situation poses. As such, no fault was found with the treatment of evidence nor with the finding that MPM had not provided a safe system. -Wilsons and Clyde Coal v English Mr. English,...
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...A nuisance in the eyes of the court can be defined as an unreasonable, substantial interference with the use and enjoyment of property. In this case Smith v. Johnson the plaintiff, Roberta Smith, is alleging that genetically modified ladybugs [Hungry Hungry Ladybugs or HHL’s] designed by the defendant, Patrick Johnson, are presenting her otherwise profitable organic farm Sunrise Farms with “financial disaster”. The HHL’s were released on the defendant’s farm to control pests, but soon flew to the plaintiff’s farm. The HHL’s have demonstrated an appetite for human flesh and have been observed biting customer’s eyes at the plaintiff’s farms causing the customers to scream. Workers cannot harvest enough produce to meet orders and customers no longer patronize the farm. It is clear that a significant and unnatural interference to the plaintiff’s property is caused by the defendant’s HHL’s and thus...
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...MARKETING REPORT PLAN- RECOGNIZING and MINIMIZING TORT and REGULATORY RISK PLAN According to several managers tort is a social wound planned to offer return for damage to an officially sheltered, physical or indefinable, notice. In order to decrease legal action and tort accountability, companies must make sure they are well-informed in local, status, and federal laws, and set of laws and in order to defend its status and property, it is dangerous that companies should have a plan in order to deal with such torts and regulatory hazards. In current environment companies have to be forcefully involved in increasing, keeping and sustaining and carrying up on precautionary and remedial action plans that be appropriate in company. In today’s environment work setting are confronted with regulatory hazards, for instance, tort accountability that consists of planned torts, carelessness, and severe accountability. When parties commit intentional acts such as assault and battery or defamation these are the harms that is called intentional tort. On the other hand, negligence “is the non-success to use sensible care, that the action of something which a sensibly well thought-out person would not do or the disappointment to do something which a sensibly foolish person would do under like conditions (Charles P. S, & Sandra L. H, 2003).“However, for the third tort is harsh tasks it is the authorized accountability for compensation, or injury, still if the person establish...
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...Removal of Public Nuisances Legal provisions regarding Removal of Public Nuisances under section 133 of the Code of Criminal Procedure, 1973. A class or community residing in a particular locality may come within the term ‘public’. ‘Nuisance’ is an inconvenience which materially interferes with the ordinary physical comfort of human existence. According to Section 268 of the Indian Penal Code, in order to constitute a public nuisance, the injury, danger or annoyance must be caused to the public, or to the people in the vicinity or to persons who may have occasion to exercise any public right. A ‘public place’ includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. The public place must be open to the public, i.e., a place to which the public have access by right, permission, usage or otherwise. The procedure to remove the public nuisances which can be redressed according to Section 133 of the Code of Criminal Procedure through conditional order is as follows: Whenever a District Magistrate or a sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by...
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...Business Intelligence Assignment Guide 1. The fitness center I go to offers a number of different classes. Since clients attend more than one type of class, the manager wishes to identify different groups of classes that clients tend to attend together. This will help her schedule classes so as to minimize overlap among related classes. In this exercise we will concern ourselves with only seven different classes. Using a minimum support threshold of 30% and a minimum confidence level of 60%, (manually) apply association rule mining to the set of transactions given below to identify all valid rules. Clearly list out all relevant steps and report the support, confidence and lift for each valid rule that you generate. Customer ID 1 2 3 4 5 6 7 8 9 10 Food Yoga, Pilates, Weight Loss, Step Aerobics Zumba, Cardio, Weight Loss, Spinning Yoga, Zumba, Pilates, Step Aerobics Yoga, Pilates, Step Aerobics Zumba, Cardio, Spinning Step Aerobics, Spinning, Weight Loss Zumba, Pilates, Yoga Yoga, Spinning Pilates, Step Aerobics Step Aerobics, Pilates, Spinning Solution 1] Given: A) Minimum Support Threshold = 30% B) Minimum Confidence level = 60% Applying Apriori Algorithm: Support greater than the user-specified support threshold min_sup (minimum support) , and Confidence greater than the user-specified confidence threshold min_conf (minimum confidence) Formulae to be used: a) Support = No of Transactions containing all items...
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...prospective investments. Swensen had every reason to feel content, despite his recent injury. The endowment had just completed another spectacular year, having grown to $18 billion (up from $1 billion when he had taken over the office). Yale had developed a rather different approach to endowment management, including substantial investments in less efficient equity markets such as private equity (venture capital and buyouts), real assets (real estate, timber, oil and gas), and “absolute-return” investing. This approach had generated successful, indeed enviable, returns. Swensen and his staff were proud of the record that they had compiled and believed that Yale should probably focus even more of its efforts and assets in these less efficient markets. But his thoughts turned to the larger challenges associated with the management of the university’s endowment. The very success of their strategy had generated new questions. How far did they think Yale should or could go in this direction? How should they respond to the growing popularity of the approach they had chosen? Given the turbulent times that private equity funds were facing, should this asset class continue to play an integral role in Yale’s portfolio? Background1 Ten Connecticut clergymen established Yale in 1701. Over its first century, the college relied on the generosity of...
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...BUSINESS CASE TEMPLATE Provision of Mailing Services to [insert organisation name] Business case - explanation • This document will help postal procurement personnel to detail the potential benefits (financial and non-financial) and costs involved in improving their postal services • It can be used to secure commitment from senior management for changes required to improve performance • It is intended to be a guide and will require completion and tailoring by individual organisations • It draws on the NAO report, “Improving the Efficiency of Postal Services in the Public Sector”, which can be referred to for more information • Note, use of [ ] denotes information that must be completed by the user. Examples have been inserted into this document as a guide to indicate the type of information you may wish to consider inputting. Business case - Contents • Objectives and scope • Summary (including quantified financial and non-financial benefits) • Value levers • Benefits (quantified, where possible, over time) • Implementation tasks and project plan • Key barriers • “Reference” customers • Methodology • Assumptions Business case – Objectives and scope • To reduce spend on postal services • To increase the quality of postal services • This work focuses on postal procurement and management covering mail services • The organisation may...
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...Strategic Asset Allocation: Determining the Optimal Portfolio with Ten Asset Classes Niels Bekkers Mars The Netherlands Ronald Q. Doeswijk* Robeco The Netherlands Trevin W. Lam Rabobank The Netherlands October 2009 Abstract This study explores which asset classes add value to a traditional portfolio of stocks, bonds and cash. Next, we determine the optimal weights of all asset classes in the optimal portfolio. This study adds to the literature by distinguishing ten different investment categories simultaneously in a mean-variance analysis as well as a market portfolio approach. We also demonstrate how to combine these two methods. Our results suggest that real estate, commodities and high yield add most value to the traditional asset mix. A study with such a broad coverage of asset classes has not been conducted before, not in the context of determining capital market expectations and performing a mean-variance analysis, neither in assessing the global market portfolio. JEL classification: G11, G12 Key words: strategic asset allocation, capital market expectations, mean-variance analysis, optimal portfolio, global market portfolio. This study has benefited from the support and practical comments provided by Jeroen Beimer, Léon Cornelissen, Lex Hoogduin, Menno Meekel, Léon Muller, Laurens Swinkels and Pim van Vliet. Special thanks go to Jeroen Blokland and Rolf Hermans for many extensive and valuable discussions. We thank Peter Hobbs for providing the detailed segmentation...
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...Learning Team A Mastering Teacher Leadership Case Study RES351 Chosen Cheng Aug 15 2013 Summary The Mastering Teacher Leadership case study is about a proposed change in licensure requirements for Ohio private and public school teachers. According the newly passed Ohio Department of Education Teacher Certification Standards, Educators are now required to have a Master’s Degree in order to renew their license. In order to gauge interest or reception to the changes, the Local Professional Development Committees sent surveys to new and existing educators who will be required to renew their license sometime in the future. Discussion Question 1 Building a research question hierarchy for this proposed change would require asking several in-depth questions such as: * Will the change result in increased technological literacy for both student and teachers? * Will the change build a framework and encourage educators to collaborate with other educators and community professionals? * Does having a Master’s Degree address classroom management issues of student social skills, moral education and discipline? * Would the change meet the diverse cognitive and social needs of students? Discussion Question 2 Upon evaluating the exploratory research design stage, the survey and the subsequent returns are deemed appropriate because the data was collected from the demographic that are relevant to the study. The LPDC sent a survey regarding the changes to certified educators...
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...speech, publications, dress, and grooming. They also have these rights, freedom of conscience, freedom from unreasonable search, the right to privacy and special rights for learners with disabilities. I feel that some of these rights should be revised to safeguard students from the many quite scary situations that arise in the schools today as students try to attain their education. Choice should play a very important role in public education. Families can choose to place their children in schools that best align with their own preferred choice. In Michigan most of the public schools are no longer. Parents are placing their children into charter schools, or private schools because they think that the education will be better, and the schools are often not overcrowded. I thought this way myself and place my grandchildren into private school. I now think differently about the education they are receiving, I feel like they should have been placed in a good public school and my money in the bank. The charter and public schools seem to offer comparative...
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...can never be done just by asking a few teachers about it or reading a few articles on newspapers and magazines. By all means it is a much more complex job and deserves delicate and careful handling. Until one can find out the root cause, any proposal for remedy seems useless. The prime factors on which the quality of education in general depends are the quality of teachers, the quality of students and the quality of the teaching courses. The other factors are the academic environment and teaching aides (including library, communication facilities etc). But that being said, access to higher education is the most important piece of the puzzle. Because of limited number of seats in public universities, and high tuition fees charged by the private universities, access to university education is rather limited in Bangladesh. Degree colleges that account for the lion’s share of enrolment at the higher level of education in Bangladesh,...
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...Bangladesh Software and IT Service Industry Recent Trends & Dynamics Software and IT service industry in Bangladesh has crossed a long road over the last few decades. It has matured. The industry no more remains at the sideline. It joined the mainstream. Not only the industry is contributing significantly in the national income, but also it has been playing very crucial role in creating high quality employment for a sizable portion of young graduates of the country. The presence of high number of young entrepreneurs is one of the distinctive features of this industry. In last decade many tech savvy young graduates, some of them returning from abroad after finishing education, have started their IT ventures. Despite various local and global challenges, these young spirited entrepreneurs have done remarkably well in building sustainable business organizations through their hard work and passion. Surely, the enthusiasm and resilience of the young entrepreneurs are the main driving force of Bangladesh IT industry. Snapshot of the Industry: Size, Composition and Market According to BASIS survey, there are over 800 registered software and ITES (IT Enabled Service) companies in Bangladesh. There are another few hundred of unregistered small and home-based software and IT ventures doing business for both local and international markets. Chart 1 Bangladesh Software and ITES Industry 800 + Enterprise no. Software 44% 56% Tk. 1,800 crore + (US$ 250 million) Revenue...
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...PUBLIC SECTOR ACCOUNTING AND FINANCE 1.0. Introduction: One of the main distinguishing factors between public and private sector organisations lies in their objectives and sometimes funding structure. While public sector bodies have a more social objective and focus more on the allocation or distribution of public goods and services within the country, private sector bodies have the main objective of increasing the wealth of their shareholders (IFAC, 2011). However, both private and public sector bodies face similar operational and business challenges brought on by the economic environment and climate. A crucial question therefore is how to account for the activities of private sector bodies and public sector bodies in a way that reflects the operational structure of the organisation and yet their varying objectives (Barton, 2000). There exist two main schools of thought on the nature of accounting in the public sector, each of which is formulated by the view of the role of the public sector within the economy (Evans, 1995). The traditional method of accounting within public sector organisations has often advocated the use of the cash basis of accounting, with larger emphasis rather placed on compliance with the rules and regulations governing the sector (Wynne, 2003). However, weaknesses in public sector management have brought to the fore the importance of efficiency and hence the adoption of the accrual method of accounting within the public sector. According to...
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