Cultural Diversity – All Clients Who Seek Health Care Services

INTRODUCTION Crime is an act or omission prohibited and punished by law (The Collins Concise Dictionary Plus, Collins London and Glasgow 1990). Crime can be committed against a person, place or company. In this essay 4 types of crimes will be explained, defined and measured, along with prevalence and offender/victim characteristics. How do we define property crimes, violent crimes, white-collar crimes and Internet crimes? †¢ Property crimes are defined and categorised as household and vehicle theft, burglary, arson, theft including shoplifting, pick pocketing, bag snatching, graffiti and vandalism Violent crimes, being homicide, kidnapping/abduction, assault, sexual assault, stalking, domestic violence and child abuse against a person †¢ White-collar crimes defined as crimes or activities that include theft, fraud, deception, embezzlement harmful behaviours, environmental or health and safety hazards †¢ Internet crimes consisting of cyber-crimes, piracy, frauds, identi ty theft, cyber-stalking, computer hacking and hate/harmful speech and obscene imagery. Also read: Essay Snatch TheftWhat are property crimes, violent crimes, white-collar crimes and Internet crimes? Example of property crimes is breaking into a car and the stealing of a mobile phone, trespassing into a property to commit an offence or the setting of fire to property. Unlike Property crimes, violent crimes are committed against a person and as such explained as the indecent assault of a person/s against their will, taking a life with or without intent to kill, taking of a person against their will or threats, force or violence against person. In general there is no agreed definition for white-collar crime. Rather, the term covers a range of criminal activities or breach of regulatory activities undertaken by highly regarded professionals/educated professional in positions of trust such as employer provides inadequate working conditions causing serious personal injury to employees or company director misleads shareholders about its financials and continues to operate reg ardless of its inability to pay debt.Internet crime is explained as the unauthorised access of and taking of financial records or sabotage of a persons computer, illegal downloading of movies or songs and bogus websites set up to entice the unsuspecting person to give access to their personal details and accounts. How do we measure property crimes, violent crimes, white-collar crimes and Internet crimes? We can measure detected and reported property crime via administrative data.Administrative data gives a high level of property crime reporting, mainly because there is less fear or shame from reporting of property crimes and also police reports are often required for insurance reporting requirements. Its limitation is it does not encompass undetected and unreported crime known as the ‘dark figure’ of crime (Coleman & Moynihan, 1996). Detected and reported violent crime can be measured using administrative data. Violent crime can also be measured by victimization and res earcher surveys where victims do not report crime for various reasons such as victims often knowing the offender and/or fear of reprisal.The Australian Bureau of Statistics Administrative data on crime victimisation can be derived from a number of sources including police, hospitals and community service agencies. Internet crimes have considerable lower reporting under administrative data due to the non detection or victims unaware they have been a victim of internet crime. We can measure internet crime by surveys such as victimization surveys or measurement against the ongoing extent of the crime.White-collar crime with the exception of fraud under criminal law is extremely difficult to measure due to the complexity of each crime/activity, some activities are regarded as regulatory and not criminal and the interpretations of a crime/activity can be perceived differently among victims. This type of crime/activity is generally picked up through regulatory audits, routine checks and i nvestigation units such as specialized crime departments, police fraud or relevant regulators. Regardless of the different types of data and surveys available, no one reporting measure gives a true indicative picture of crime.How do we gather data on property crimes, violent crimes, white-collar crimes and Internet crimes? Reported property crime and violent crime data can be gathered by using official crime statistics, police reports, corrective service reports, higher, magistrates’ and children’s courts of Australia, reports and insurance reports. Undetected and unreported data for violent crime data can be gathered via qualitative methods and quantitative surveys. Some examples of such are The National Youth Survey, The Rand Tri-State Inmate Survey, The Liverpool Desistance Study, Snowball sampling, organizational and observational data.Researchers also gather data from past, present and/or incarcerated offenders as well as the general public which provide informati on not only about the prevalence of undetected and unreported crime but why people commit crimes. Gathering data on internet crime is difficult. Surveys such as the 2005 Australian computer crimes and security survey, conducted by AusCERT, Australian High Tech Crime Centre and various state, territory and federal police agencies provide an indicative sample.Researchers gather data from white-collar crimes through administrative data such as criminal fraud reports, victimization surveys, state and territory police agencies as well as the Australian Payments Clearing Association. Apart from fraud, gathering data on white-collar crime is extremely difficult as most victims don’t report. What crime/activities have occurred is gathered via reports from police and security agencies and government reports. Some activities are written off by the victim in the hope that the behaviour/incident is not repeated.What do we know about the typical offenders and victims of property crime, vi olent crime, white-collar crime and Internet crime? There appears to be overwhelming evidence from research that supports the conclusion that age is a factor within property crime characteristics. There is a significantly higher representation that occurs in middle to late adolescence and subsides in early adulthood for property crime. This is thought to be associated with â€Å"adolescent rebelliousness†. An overlooked characteristic of youth is that they are also more likely, statistically, to be victims of crime.The majority of crime victims are male under the age of 25. This is different to the popular belief that would suggest otherwise. It is often perceived that older people have a greater risk however, surveys have identified that older people, and in particular women appear to be more fearful of crime not victims of crime. Violent crime has a gender differentiated nature. Data suggests that approximately 80% of crimes are committed by males and 90% of violent crimes are committed by males. This is supported by convictions and prison populations. To understand the victims, it needs to be broken down to more specific categories of violent crimes.For example, males tend to be victims of murder or attempted murder and assault, female are disproportionately represented as victims of sexual assault, kidnapping/abduction. Although males appear to be highly represented in both offenders and victim categories of violent crime, this does not appear to be the case within categories of white-collar crime such as fraud. The ratio of female offenders to male offenders is higher than that of any other category with ratio of two thirds male to one third female. There also appears to be an unusual relationship between repeat offenders and repeat victims.Many victims are victimised repeatedly. It is suggested that residencies with low occupation rates are often the target of repeat burglaries. Prison populations also suggest a disproportionately higher populatio n of repeat offenders. There appears to be little data that describes the victims or offenders in relation to internet crime. However, it could be hypothesized that a great proportion of male offenders would also be represented within this category. How much property crime, violent crime, white-collar crime and Internet crime is there in our community?Crime statistics for our local community has been drawn from Victorian Police region 4 statistics. Statistics for postcode 3129, within this region for 2008 and 2009 using per 100,000 population suggests property damage, theft of and from motor vehicles and residential burglary had reduced substantially but violent crimes including crimes against the person and assault had increased. Internet crimes and white-collar crimes were not available. Statistics for the state of Victoria indicated property crime such as robbery, burglary and theft or and from motor vehicles was down where as violent crimes such as assault had increased.Is prope rty crime, violent crime, white-collar crime and Internet crime on the rise, is it stable or is it declining? Allowing for variations within reporting methods and survey results, there appears to be stable evidence that recorded crime statistics show property crime declining for recorded break and enter or burglary and other theft including pick pocketing, bag snatching, shoplifting and bicycle theft. There also appears to be an increase in motor vehicle theft between 1996 and 2001 followed by a decline from 2001-2008.Recording rates for other theft in 2008 as with previous years suggests that it remains the most commonly reported property crime. Violent crime statistics indicate assaults as the most recorded since 1996, kidnapping statistics fluctuated from 1996 – 2008, homicide statistics also fluctuated but continued to be the 2nd lowest recorded and although the least recorded, there has been an overall increase on sexual assault since 1996. CONCLUSION There appears to be no uniform measurement system for measuring crime. This leads to inconsistencies within the gathered data and the inability to compare between categories, regions and states.Notwithstanding the inaccuracies within the measurement system, property crime is largest represented category and at this stage internet crime has little representation within the data. Whilst we would love to agree with the typical media characterization of an offender, we cannot due to large variations within the data. However, we can suggest the most likely offender would be a young male adolescent committing a property crime. References Collins London and Glasgow (1990) The Collins Concise Dictionary Plus p. 299 Victoria Police News. My Police Crime Statistics for Your Area. Retrieved from http://www. icpolicenews. com. au/index. php? option=com_statistics&task=search Hennessey Hayes and Tim Prenzler (2009) An Introduction to Crime and Criminology 2nd Edition Pearson Education Australia Australian Institut e of Criminology. Selected Crime Profiles. Retrieved from http://www. aic. gov. au/en/publications/current%20series/facts/1-20/2009/2%20selected%20crime%20profiles. aspx Last modified 18 August 2009 Australian Institute of Criminology. Recorded Crime. Retrieved from http://www. aic. gov. au/publications/current%20series/facts/1-20/2009/1%20recorded%20crime. aspx. Last modified 17 March 2010

Biometrics Essay

Biometric Recognition or Biometrics refers to the automatic identification of a person based on intrinsic physical or behavioral traits. It requires physically present at the point of identification. Identification based on biometric techniques lessen the need to remember a password or carry a token like a physical ID. Various biometric traits are being used for real-time recognition, the most popular being face, iris and fingerprint. However, there are biometric systems that are based on retinal scan, voice, signature and hand geometry. First, a user must be enrolled in the system so that his biometric template or reference can be captured. This template is securely stored in a central database. The template is used for matching when an individual needs to be identified. Depending on the context, a biometric system can operate either in a verification (authentication) or an identification mode. The biometric recognition system is a technology design to monitor the students’ official entry inside the campus. It will also serve as the Internet and Tool room access pass. With the issues concern on the monitoring of students, the researchers delve on the propose project study entitled â€Å"TUPT using Biometric Technology.† It will also be used to identify students who will use University facilities like Internet Center and Tool Room. This study will help the security system by adopting the biometric recognition to identify the bona fide students of TUP- Taguig. It will also track and manage the end user of Internet Center same with the borrower in Tool Room. Statement of the Problem This study would utilize the security systems in the campus. Several problems incurred in the campus wherein the security guards encountered difficulties in dealing with student’s admission. To a large extent, borrowing, monitoring and tracking of equipments by the students are also considered in this study. In view, the researchers prompted to conduct this study by enhancing the ID system in which the Biometric Recognition should be adopted. Objectives General Objective: This study aims to enhance the University ID system by adopting Biometric Technology. Specific objectives: 1.To create a system that will enhance the security of the campus using Biometric technology. 2.To develop a more efficient management and operation in ID system. 3.To gather information regarding the development of ID system in TUP- Taguig using Biometric. 4.To test and implement the effectiveness of said system in the campus.

Strict Liability in Business Law

The American common law adopted the concept of strict liability in early 1960’s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977.In 1997 ALI approved the Restatement (Third) of Torts products liability, which expands the general language of Section 402A into over 20 different sections addressing specific applications of the strict liability ground for recovery. In 1999, the ALI approved Restatement the apportionment of Liability, completely succeeding and expanding upon comparable pro visions of Restatement (Second) of Torts. This Restatement gives paramount importance to the principles of law governing apportionment as liability in cases where there are multiple actors who may have differing degrees of liability.(1)The application of strict liability is important in various segments of business law. Here we shall discuss the scope of strict liability, its essentials and exceptions etc. Moreover we shall try to explore the relationship and contrast of the strict liability with other dimensions in the business law like Rule in Rylands Vs Fletcher, mens rea, negligence, product liability and contract. ———————————————————————————————————— 1. Restatement (Third) of Torts products liability, 1999 Strict Liability 2 Intro ductionâ€Å"He can excuse himself by showing that the escape was owing to plaintiff’s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. – Blackburn J Sec. 402A of Restatement (Second) of Torts, 1977 enunciates that seller of any defective product which is unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or consumer has not bought the product from or entered into any contractual relation with the seller. Moreover the claim under rule of strict liability can be made against Property damage, Compensation for wrongful death, Physical and mental pain a nd suffering Loss of consortium for loss of love and affection, Past, present and future medical bills and Lost past and future wages, DefinitionStrict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any â€Å"fault† on their part. There are situations when a person may liable for some harm even though he is not negligent in causing the same or there is no intention to cause the harm or sometimes he may even have made some positive efforts to avert the same. In other words the law recognizes such type Strict Liability 3 of â€Å"no fault â€Å"liability. (Salmond,1996)(2)The liability arises when a person or company sells a defective product which is unreasonable and dangerous to the user.The defect may in the products design or manufacturing, in the instructions or warning necessary for the product’s safety or in the container or packaging. The main feature of this aspect is, here the injur ed is excluded from proving the negligence of seller. Scope Generally our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i. e. , failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown .The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. ( Faegre & Benson, 2003) (3) The rule of strict liability is mainly attributed to rule in Rylands Vs Fletcher (4) in which the House of Lords well founded the principle of as st rict liability.In this case, the ———————————————————————————————————— 2. Salmond , Heuston (1996) , Law of Torts, , publisher: Sweet & Maxwell; 21Rev Ed edition , ISBN-13: 978-0421533509 3. Faegre & Benson, (Nov. 2003) UK Trade and Investment, US product liability law 4. Rylands Vs Fletcher (1868) L. R 3 H. L 330 Strict Liability 4 defendant got a reservoir constructed through independent contractors, over his land for providing water to his mill.There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and the plaintiff’s cold mines on the adjoining land. The defendants did not know the shafts and had not been negligent although the independent contractors had been. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule.The defendant may excuse himself by showing that the occurrence was owing to the plaintiff’s default or that was the consequence of vis major or the act of good. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. Normally in these cases, the liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. In Smedleys Vs Breed, (5)a large manufacturing company of tinned peas was convicted as there found the carcass of a caterpillar.On dismissing the appeal of company the court held it was offence of strict liability, therefore it was not sufficient show that the company had taken all reasonable care to avoid the event. ———————————————————————————————————— 5. Smedleys Vs Breed,(1974) Strict Liability 5 The same view was taken in the famous case Donogue Vs Stevenson (6) in this case A purchased a bottle of ginger beer from a retailer for the appellant.While pouring to the tumbler the appellant found a decomposed body of a snail floated out with her ginger beer. The appellant alleged that she seriously suffered in her health in consequence of having drunk the beer which contains the contaminated contents. On her claim for damages, the court declared that a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles.That duty must be to whom he intends to consume his products. The fact is that he manufacturers his commodities for human consumption. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. † Hence the manufacturer owed her a duty to take care that the bottle did not contain any noxious matter and that he would be liable for the breach of the duty.Moreover the law looks into the scope of strict liability while it is arising out of indeed consumer’s case. In Berrier v. Simplicity Manufacturing, Inc (7), the leg of four years old was amputated as the result of injuries sustained when her grand father unintentionally backed over her foot wh ile shearing the lawn with ———————————————————————————————————— 6. Donoghue v Stevenson [1932] AC 562 (HL) (Sc) 7. Berrier v. Simplicity Manufacturing, Inc. , (3d Cir. Jan. 17, 2008) Strict Liability 6 a riding mower.Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. But the court followed the decision of Phillips v. Cricket Lighters, (8)and held that since the intended user or consumer is limiting the wide application of rule of strict liability the issue still remains that the child is neither user nor intended user or consumer of the mower. Strict liability and mens rea So the offences of strict liability, we ca n say, are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus.In R Vs Storkwain (9) the defendant supplied drugs for which a prescription was required, after being handed a forged prescription. There was no evidence of any negligence or wrong doing on the part of the pharmacist.. On appeal against conviction, it was held that the statute created an offence of strict liability; therefore no proof of mens rea was required. In Gammon (Hong Kong) Ltd vs Attorney-General for Hong Kong (10) following points has been laid down to determine the circumstances to which strict liability to be imposed.(1) There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence; ————————————————————————————â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 8. Phillips v. Cricket Lighters, 841 A. 2d 1000 (Pa. 2003) 9. R Vs Storkwain (1986) 10. Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503 Strict Liability 7 (2) The presumption is particularly strong where the offence is â€Å"truly criminal† in character;(3) The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute; (4) The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; (5) Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.Essentials of strict liability For the application of this rule the foll owing three essentials should be there: 1) Injury by a defective product: In order to succeed the strict liability under the law the plaintiff must show that the injury must be caused by a defective product whose defect existed at the time of injury and the product should be plaintiff’s control. In the recent case of Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander (11) it was held that the liability arising from the defective products not only related to the personal injury but financial loss also.It was further confirmed that when a manufacture undertakes or market the production without any prior tests and ———————————————————————————————- 11. Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander, 2002 (2) SA 447 (SCA) Strict Liabilit y 8 consequently it turns hazardous to the consumer such negligent activities expose a liability to the consumer. Here a contractual nexus between the manufacturer and the consumer is not required. (Weir, Tony 2006), (12)2) The goods must be dangerous or defective in nature: Here the plaintiff must show that due to the dangerous nature, such goods can not be used for the ordinary purpose or for some other reasonably foreseeable purpose. Thus, a manufacturer owes a duty to supply a product fit for the ordinary purposes and it is to be used and safe notwithstanding a reasonably foreseeable misuse that could cause injury. The decisions in famous cases like Batcheller Vs Tunbrige Wells Gas co. ,(13) National Telephone Co. Vs Baker (14)and West Vs Bristol Tramways Co.(15)manifests that the defective products are whatever in form ,whether it is gas, electricity noxious fumes ,the rule of strict liability can be applied. 3) The goods should leave the manufacturer: It is essential that the thing caused injury to the plaintiff must leave from the possession and control of eth defendant. So those defective goods are still with the manufacture is safe from the claim of compensation. In Read Vs Lyons (16) (text) the plaintiff was the employee in the defendant’s munitions factory. While performing her duty a shell was exploded and she was injured . Even———————————————————————————————————– 12. Weir,Tony,( 2006),an introduction to Tort law,2nd edn. , Oxford University Press 13. Batcheller Vs Tunbrige Wells Gas co. 84 L. T 765 14. National Telephone Co. Vs Baker (1893) 2 ch 186 15. West Vs Bristol Tramways Co. (1908) 2 K. B 14 16. Read Vs Lyons (1947) A. C 156, 161 Strict Liability 9 though the shell exploded was dangerou s in nature it was held that defendants were not liable as the shell was not left from outside the defendant’s premises and the rule of strict liability could not be applied in this case.4) Breach of warranty: Generally, the law imposes certain warranties (or guaranties) on the sale of products. Such warranties include that the goods are in proper condition for use and free of defects and that they are fit for a particular purpose. Since the court doesn’t disregard the liability of the waivers against the policy and the warranties are limited, the manufacturers and retailers are always held responsible for injuries from the defective and dangerous products. The aspect of breach of warrenty enables the plaintiff to act against the defendant with his complete freedom.Here he need not assert that the defendant is fault. Usually the product claims under the breach of warranty are in quasi contractual nature. Any factual statement or promise about the product ,a description of the product made ,any sample or model provided constitutes the warranty upon which the buyer rely to purchase the goods. ( Faegre & Benson,. 2003)(17) Exceptions/limitations The following are the exceptions to the rule of strict liability. 1) Plaintiff’s own default: Damage caused due to the plaintiff’s own default was considered to be good defense in rule of strict liability.If the plaintiff suffers damages by ———————————————————————————————————— 17. ibid 3 Strict Liability 10 his own intrusion into the defendant’s property he can not complain for the damage so caused. When the damage to the plaintiff’s products/property is caused not so much by the escape of eth thing s collected by the defendants as b y the unusual sensitiveness of plaintiff’s property itself, the plaintiff cannot recover anything. In Eastern and South African Telegraph C. Ltd. Vs Capetown Tramways Co.(18) the plaintiff submarine cable transmissions were disturbed by escape of electric current from the defendant’s tramways . It was found that the damage was due to the unusual sensitiveness of the plaintiff’s apparatus and such damage will not occur to person carrying on the ordinary business and the defendant held not liable for the such occurrence. 2) Act of god: Act of god or Vis Major was also considered to be a good defense to an action under the rule of strict liability. If the defect is unforeseen and it is without any human intervention the defense of cat of good can be pleaded.In Tennent Vs Earl of Glasgow (19) the court has framed a well maintained definition for the act of god as the circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. 3) Consent of plaintiff: In cases of volunti non fit injuria i. e where the plaintiff has consented to the accumulation of the dangerous /defective product in defendant’s possession, then such liability does not arise. But such consent must arise for the common ———————————————————————————————————— 18.Eastern and South African Telegraph C. Ltd Vs Capetown Tramways Co. (1936) A. C 381 19. Tennent Vs Earl of Glasgow (1864) 2M (H. L) 22, 26-27 Strict Liability 11 benefit of both plaintiff and defendant. For eg: when two persons are living on the different floors of eth same building each of them is deemed to have consented to the installation of things of common benefit such as the water system, gas pip es or electric wiring . When water has been collected for the common benefit of the plaintiff and the defendant will not be liable for any defects happened to such system unless there is negligence on his part.In North Western Utilities Vs London Guarantee,etc Co. Ltd (20) ,the concept of consent for the common benefit had been formulated as there is no such common benefit between a gas or other public utility undertaking and its consumer’s . 4) Act of third party: If the harm has been caused due to the act of a stranger who is neither defendant’s servant nor the defendant has any control over him, the defendant will not be liable under this rule. But if the act of the stranger is or can be foreseen by the defendant and the damage can be prevented, the defendant must by due care prevent the damage.If not so, the defendant may be held liable for his act. This principle is laid down in Richards Vs Lothian (21). In this case, some strangers blocked the waste pipes of a wa sh basin, which was otherwise in the control of the defendants, when opened the tap, and the overflowing water damaged the plaintiff’s goods. The defendants were held not liable. 5) Statutory authority: Generally an act done under the authority of a statute is defense ———————————————————————————————————— 20. North Western Utilities Vs London Guarantee,etc Co. Ltd (1936) A.C 108 21. Richards Vs Lothian (1913) A. C 263 Strict Liability 12 to an action for tort. But it cannot be pleaded as a defense when there is negligence. In Green Vs Chelsea Waterworks Co. (22) the defendant co. had a statutory duty to maintain continuous supply of water. A man belonging to the company burst without any negligence on its part, as a consequence o f which plaintiff’s premises were flooded with water. It was held that the company was not liable as the company was engaged in performing a statutory duty. ( Salmond,1996)(23) In practice, the defendant may argue the defenses adopting the following claims.1) The defendant may forward an argument on the basis of misuse of the product sold. But it is to be remembered that the misuse of products can not be forceeble or there is a chance of rebut this argument by the plaintiff that there should have some kind of anticipation on the part of the manufacturer and prevented such misuse by its product design or in its warning. 2)Secondly the defendant can claim that the product has been altered and modified . In order to prove this he has to take adequate measures to provide warnings in connection with the alteration of the products.3) If there is any complaint by the buyer about the defective design, then the defendant may rebut his claim by demonstrating that the product was at sta te of art at the time of manufacture. 4) A manufacturer might be allowed to adduce the evidence on the basis of industry ———————————————————————————————————- 22. Green Vs Chelsea Waterworks Co. (1864) 70 L. T 547 23. ibid 2 Strict Liability 13 custom and standards and government standards related to the manufacture and design. ( Faegre & Benson, 2003)(24)Before the buyers of tacky products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. The decision owes to the principle of â€Å"caveat emptor† â€Å"let the Buyer beware†. Now the burden to prove a products sticks on the other claims of product defect, inadequate instructions, or warnings. Here the plaintiff must prove that that the product caused him harm when it was used for its intended purpose as well. More he has to prove that the manufacturer knew or should have known the product would be used in such a way that would cause harm. Strict liability and NegligenceNegligence is an important element to determine the strict liability of a defendant. Negligence is considered to be the oldest theory of product liability as well as the strict liability. As a general rule it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff.(Jones,2007)(25) There are some elements should be proved by the plaintiff in order to make claim against the defendants under the rule of strict liability. ——— ————————————————————————————————— 24. ibid 3 25. Jones, A . Micheal (2007), A text book on Tort, Ch. 2, 9th ed. , publ. by Oxford University Press Strict Liability 14 Duty of care: The plaintiff must prove that a duty of care was owed by the defendant to the plaintiff. Mere carelessness on the part of defendant doesn’t entitle the plaintiff to sue him.He has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. In this connection, in famous case of Donogue Vs Stevenson it was held that a manufacturer of the products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examin ation and with the knowledge that the absence of reasonable care in the preparation of putting up of the products will result in an injury to consumer’s life or property, owes a duty to the consumer to take that reasonable care.(26) Breach of duty: Breach of duty means non observance of due care which is required in a particular situation. But here the defendant acted like a reasonable prudent man there is no negligence. In Blyth Vs Birmingham waterworks Co(27). it was clearly explained that negligence is the omission to do something which a reasonable man ,guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do.) Proximate cause: The plaintiff should prove that the breach of duty proximately caused the plaintiff’s injuries. Finally there should be lawful and sufficient injury happened to the plaintiff due to the defective /dangerous product. ——â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 26. ibid 6 27. Blyth Vs Birmingham waterworks Co (1856) 11Ex. 281Strict Liability15 The manufacturers always have the duty to exercise reasonable care in manufacturing the products.Poor assembling the products, difference in use of component parts and its design specifications, failure to inspect the finished products, component parts and failure in correction in any defective products are some examples to lead the plaintiff to claim under the rule of strict liability. ( Faegre & Benson, 2003) (28) In R Vs Lemon (29)the publisher of a gay news were charged with blasphemous libel against Christ through a poem which was considered as an slur to Christianity.The court held that it is the pure case of blaspheme as they ha d intention to publish so they are responsible for their act. Moreover in Alpha cell Vs Woodward,(30) the company was accused of causing polluted water to enter river by using equipment to prevent any overflow in to the river. But due to the collapse of the machine, the polluted things leaked out to the water. There was no evidence that the defendant is negligent but the court held that the defendant had caused the pollution in the water and they held liable. Strict liability in product liabilityThe â€Å"product liability† defined as the liability of manufacturer, during the chain of distribution, for personal injury, economic loss or property damage caused by sale or use of the product. Here the term ‘product’ denotes the finished goods as well as those items which may have some impact on the consumer expectations, product safety etc. In order to brought the action under strict liability the plaintiff must prove that injury occurred by ———à ¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 28. ibid 3, 24 29. R Vs Lemon (1979)30. Alphacell Vs Woodward, (1972) Strict Liability16 a defective product whose defect existed at the time of injury and at the time which the product left the control of manufactures control. Such product liability is the legal responsibility of the manufacturer to the buyers. It can be occurred at time of the transaction. Generally there are three defects in the product make defendants liable for their act. 1) Manufacturing: even though a few products turns in to the fault during the process of a manufacturing the plaintiff may held liable under rule of strict liability.2) Marketing: In the case of lack of product warning or instructions, the plaintiff can bring an action against the def endant under such liability. 3) Design: A fault in design from previously mentioned might enable the plaintiff to claim for damages against the defendants. ( Miller, Goldberg 2004)(31) Usually the defective and unreasonably dangerous product denotes the desirability or usefulness of the product, the availability of safer goods in same need, likelihood of injury and its possible seriousness and danger.In such cases entitles the plaintiff to recover from the defendants for the injury caused by the product. Here he need not prove any misconduct on the part of the defendant. The law framed such a provision to make the manufacturer vigilant about their production in safe manner. It is the duty of the manufacturer to produce the goods which will not create an unreasonable risk of injury to the consumer at any cost. Such claim can be made against the—————————————————â€⠀Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 31. Miller C. J, Goldberg R. S (September 30, 2004) Product liability 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 Strict Liability17 manufacturer, wholesaler, distributor, retailer and the maker of component parts. (Restatemet,1999)(32) In recent case of Escola v. Coca-Cola Bottling Co. ,(33) 24 Cal. 2d 453 (1944) (Traynor, J., concurring) it was clearly stated that on the demand of public policy the responsibility should be fixed even though there is no element of negligence under the circumstances of hazardous and dangerous to life and health due to the defective products. In cost of the cases the injured would be such persons who are not aware and unprepared to meet the consequences. It is to the public interest to discourage the marketing of defective products that are a menace to the public. It is to th e public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the man

Hospitality industry Assignment Example | Topics and Well Written Essays - 1000 words - 1

Hospitality industry - Assignment Example Visitors exports generated 1, 295.9 billion dollars in 2013 which is equivalent to 5.4% of total investment. Lastly, the tourism investment was at 754.6 billion dollars as of 2014, which represent 4.4% of total investment (WTTC 2014). For more information, see appendix 2-4. Although the world is gaining from tourism, its development has a long history. The WW II proved to be a challenge to many people across the world since it made it difficult to walk and reach new destinations. There were no developed means of transport to aid movement from each point without spending much time. As the WW II ended, it relieved many people and wanted to explore the world and have some rest following the war. This acted as a turning point for many nations. People started to travel to new places since the world had become peaceful. One of the factors or issues that contributed to the growth of tourism was the establishment of the transport system. The development of roads, railway, and airplanes facilitated movements and opened some places. Similarly, the development of cheap airlines and package tours facilitated the movements since it saved time and was very fast. Bournemouth is one of the tourist destination in the UK. It has benefited from tourism activities in many ways ranging from the provision of employment opportunities for improvements in infrastructures. There is a circulation of foreign exchange, which helps in improving peoples lives. More so, the government earns from tourism and the locals also sales products to visitors hence earning money. Tourism has also placed Bournemouth on the international map as a travel destination hence improving its image. The demand for tourism is on the steady growth, and this is characterized by the current developments in the area. Many things act as indicators of tourism developments in the way they change as discussed in subsequent paragraphs. Business growth is an indicator that there is demand for tourism. Increase

Globalization impact on supply chain Essay Example | Topics and Well Written Essays - 3000 words

Globalization impact on supply chain - Essay Example The supply chain has also seen the impact of globalization on its management, and the globalization practice can be seen in various companies that have global operations and market places (Monczka et al 2010). The essay analyses the globalization practice with discussion on its key elements related to the supply chain management. Furthermore, there is discussion of major benefits as well as risks associated with the globalization practice in the supply chain management so that the issues associated with the practice in the companies can be analyzed. This is analyzed with the help of the case study of a manufacturing organization with barriers on implementation of the globalization practice. Analysis of the globalization practice The forces and practice of globalization are changing the supply chain. The supply chains are becoming disintegrated. Product designers, marketers and manufacturers are widespread over various continents with organizations that have different languages, cultu res as well as different business objectives. The key elements of the globalization practice in supply chain management are integrated supply chain, maintenance of flexibility, balancing of risks and rewards, and clear understanding of the global marketplace and management of costs and complexities (Kersten 2011). It is necessary to understand the global landscape and companies should also have a proper plan in place for the recognition of how to capture the opportunities present in the new market. Maintenance of flexibility is another key element in the globalization practice and the supply chains that are global in nature have to remain flexible enough so that they can quickly shift to the new identified opportunities and grab them quickly (Creating the Optimal Supply Chain 2012). The principles of the supply chain are basic, but the execution of globalization practice in the supply chain is different and complex as under this practice, the company has to navigate through the comp lexities of the global supply chain in the areas such as sourcing, manufacturing and the process of delivering across different parts of the world (Mangan et al 2008). Managing component costs and logistics costs is another key element of the globalization practice in supply chain management. Component costs include costs related to raw material, energy, facility, labour, overhead, and productivity. Logistics costs include transportation, warehousing, administration, packaging and inventory (The Faculty of Thunderbird and The American Graduate School of International Management 2000). The impact of globalization on supply chain is vast. It has made supply chains to become more efficient and has helped the companies to create competitive advantage with creation of strong infrastructure. The impact of globalization practice is such that competitors from different areas around the world are competing against the established market leaders that have a depth of resources, deep customer l oyalty and known brands. This has happened because of the flexibility in the supply chai

The Virgin Mary painting Essay Example | Topics and Well Written Essays - 2250 words

The Virgin Mary painting - Essay Example The essay "The Virgin Mary painting" explores the importance of religion in Mexican art ad discovers The Virgin Mary painting. The Virgin Mary also has a very prominent position in the religious art of Mexico and this is mainly because of the fact that she is highly venerated in the country with many Mexicans considering her to be the mother of the entire nation. In addition, many Mexicans during their prayers seek the help of the Virgin Mary as they ask her to intercede to God and Jesus on their behalf and this has ensured that she has come to be revered by all the people in the nation. The prominence of the Virgin Mary in the national psyche has ensured that she is also given a prominent position in art, because Mexican artists, like all Mexican people, are very devoted to her. This has led to a situation where most of the art in the country has some religious aspect in one way or the other and this has ensured that the religious spirit of Mexican artwork has remained prevalent wit h little sign of its diminishing in the coming years. Religion has been a source of inspiration for Mexican art for many years and it is for this reason that a large number of art that it produced in this country, even that in the secular realm, has some aspect of religion within it. As has been mentioned above, Roman Catholicism is the most dominant religion within Mexico and this has been the case since the founding of the state after the Spanish conquest. However, it has been found that the Catholicism is highly syncretic.

Isaiah Essay Example | Topics and Well Written Essays - 1250 words

Isaiah - Essay Example This is contrary to what they would have enjoyed if they kept God’s ordinances from the great to the small. However, certain scholars despite holding onto the idea of â€Å"everlasting covenant† argue chapters 24 to 27 their content is about a period, which is still in the â€Å"undefined future.† â€Å"Undefined future† relayed in these chapters according to some scholars is the messianic second coming. Therefore, this interpretative study seeks to analyze varied statements featured in these chapters coupled with linking them with other Biblical supporting verses having similar implications. Penalties featured in verses 1 – 5 seem to denote eschatological events intended to take place in the undefined future2. Hence, the penalties act as prediction of what the supreme God will do to repay those who chose to disobey His statutes. The denotation of â€Å"everlasting covenant† in these verses is evident from their adoption of a contractual stru cture, whereby any agreement or pact has both the fine’s side and benefits. Mainly, these are for those involved in the contractual process to enjoy if they comply as necessitated with the already devised laws or suffer suppose they choose to live on contrarily to what the Lord demands3. Benefits of the â€Å"everlasting covenant† are evident in chapters 25 to 27, which comprise of a hymn outlining the restoration the chosen would enjoy characterized by an extremely promising future4. The future based on Isaiah’s victorious song is incomparable to what the chosen have ever enjoyed before choosing to wander away from their God’s ordinances while on earth5. Mostly, the Future relayed in 25:1-5 encompasses adequate protection not only from the enemies but also from harsh environmental conditions like heat and rain6. The identity of â€Å"everlasting covenant† in these verses is also evident when the Isaiah tries to relay the kind of feast, which the S upreme Judge promises Jerusalem’s remnant7. Remnant in this case encompasses those who have kept the law though due to numerous challenges beyond human control did fail but rose again. Feast promised for those who will be the remnant though based on this banquet’s nature, signifies total rest from the miseries of this passing world. For instance, God through Isaiah besides assuring the chosen absolute protection, He also declares to destroy death eternally8. Hence, proving that the evidence of consolation evident in verse 8 is in the future, which in this case is â€Å"undefined† whereby the beneficiaries will enjoy total peace. Since, they will experience neither death nor other life’s predicaments characterizing humanity’s existence on earth9. The banquet’s rules concerning â€Å"everlasting covenant† relayed in these verses is similar to the blessings and curses, which God though Moses told His children will encounter if they chose to either obey Him or disobey10. Consequently, this â€Å"everlasting covenant† promises extends to date, whereby those who have chosen to abide by God’s ordinances ought to keep their hopes alive knowing they also share the same assurances11. This is because the â€Å"undefined future† and eschatological events relayed in these verses signify the second messianic coming12. 2. Two cities relayed in Isaiah 24 – 27 signify Jerusalem and fortified city. The latter city based on the reading experiences God’s wrath. This is because of their disobedience and lack of its residents persistence to the end when the Lord will prepare a banquet for those who proved to be triumphant, which is evident in the victorious’ song in chapter 2513. Based on apocalyptic interpretation, fortified city in

My Diary Napoleon Essay Example | Topics and Well Written Essays - 750 words

My Diary Napoleon - Essay Example The friendship had grown, without considering nationalities, language or even cultural milieu. The fact that I was a descendent of Napoleon Bonaparte did not accentuate or deter our friendship in any way. Today, I finally met Takimori and his sister, Tomoe. Takimori is a very obedient brother. His sister did not particularly favour my presence. and my friend obeyed. Nothing would stop me from appreciating his obedience and still considering him my close pal, in spite of distances. After all, circumstances twist our lives. I will have to look for shelter elsewhere in the Japanese land. Nonetheless, the world is my home! The first friend I made today in this beautiful city, is a creature that is going to accompany me through my journey. This four-legged loyal creature is my closest friend today, and will be one. The very fact that my friend is considered the most loyal creature, gives me a high. We intend to remain this way. I also met a beggar. The poor old chap was really lonely and looked down upon. He kept narrating interesting anecdotes and I felt humbled at the knowledge he possessed and his innate nature. Here's an end to my second day, the beautiful world of dreams beckons me! DAY 3 My third day in this beautiful country was quite an adventurous one. As I kept exploring and travelling with my companion, I checked in to a hotel called the Love hotel. I liked the name, it was so symbolic of the various forms of love we encounter in this world. This world is full of love and joy, trust and care. A mother's love, a sibling's love, a friend's love, a spouse's love.love comes in many forms. It simply embellishes this world and our lives, binding us together and helping build lifetime bonds. It was at this place, that I came across a lady in a disheveled state . She was intent at escaping and rushing out, but seemed to be scared. I helped her escape, since she was completely distressed. She tried running away and shying away, but I certainly tried my best to help her out. However, this angered the hotel management and they turned me out. Back to square one, my loyal companion and I have become the guests of nature this night! Day 4 The very lady whom I helped yesterday, bumped into me today. She was thankful for the help done, that she offered me food and also took me to an old fortune teller. This is the way the world functions. Goodness is spread everywhere and comes in some form, to one's rescue. Tired, as I am today, I shall continue the rest tomorrow! Statement The very purpose of initiating the journal of Gaston, from the day he arrived at Japan, is to highlight the chronology of events that take place. The biggest setback that one can receive when one trusts a friend and goes on to meet the person, is not being invited with open arms and to feel the bruise of being judged on the basis

Support for Israel is Good for the United States Essay

Support for Israel is Good for the United States - Essay Example The main reason for arguing against American support to Israel is an exaggerated claim that Israel is playing a role in bankrupting United States. On this basis, the large amount of money, given to Israel is unnecessary. Others argue that the financial aid given to Israel plays a great role in encouraging the anti-American sentiments amongst the Muslims, and facilitating the growth of the Israeli-Arab conflict. This is because the Israelis are using the money given to them for purposes of buying weapons. They use these weapons to kill Palestinians and their enemies, and this fuels religious conflicts in the Middle-East. In regard to anti-American sentiment, enemies of United States inaccurately use this aid to Israel to form a basis of attacking the interests of United States (Freedman, 2012). These attacks can be manifested through terrorism attacks on American and Israel interest on the various parts of the world. However, the American support of Israel is of great importance to the American economic, and physical security, and that of Israel. One of the reasons as to why the American government should support Israel is that it is a democracy. As democratic countries, Israel and the United States share a number of strategic interests, political and civil values (Blum, 2013). There is also a political, cultural and personal bond that occurs between the Israeli and the American people, based on their democratic values. On this basis, Israel is an important American ally in the Middle east, one in which the American people can depend on for military and economic support (Freedman, 2012). In fact, the American military has unlimited access to the Port of Haifa, which is one of the best ports in the world. As an American military ally, Israel collects intelligence information, which it shares with the American military (Blum, 2013). For example, between 1974, to 1990, Israel received

The Speckled Band Essay Example for Free

The Speckled Band Essay The plot of The Speckled Band was designed in a particular format to appeal to a Victorian audience. Throughout the story Doyle builds up tension. From the distraught Miss Roylott, through to the night spent in the Roylott house, both danger and suspense are introduced. The Victorians would have liked this it was an accomplishment of the new detective fiction genre: using evil and horror to engage and sustain the readers interest. The exotic animals from around the house and the gypsies staying in the grounds help to make the whole tale extraordinary. This would have appealed to the Victorians because they had very little information about foreign animals and would have led a very protected life. Much of the information found in The Speckled Band would be new to them. The tale provided them with an opportunity to acquaint themselves with the foreign, unfamiliar and dangerous. W H Auden outlined what he believed was a standard detective fiction plot, a murder occurs; many are suspected; all but one suspect, who is the murderer, are eliminated; the murderer is arrested or dies. Doyles The Speckled Band fits this format almost perfectly. The introduction, when a murder should occur, involves a woman, Miss Stoner, with her sister recently murdered, fearing for her own life. This fits perfectly with Audens idea. Many potential suspects are included in the complication; the animals, gypsies and Dr Roylott. All of these have both opportunity and reason to have committed the murder. In Audens plan all the suspects, apart from the murderer, should now be eliminated. However, this is where, The Speckled Band differs slightly from the standard. Even though it is made clear that it is unlikely the animals attacked or the gypsies murdered Miss Roylott, by showing the doors and windows were well closed, and Holmes, after a careful examination through the open window, endeavoured in every way to force the shutter open. Holmes still has not completely excluded these suspects. The end, in which the murderer should be arrested or dies, is also included in The Speckled Band when Dr Roylotts scheme backfires, killing him. The story also fits in with the standard opening, complication, climax, resolution pattern. The introduction, suspects, stake out and death fit these slots. Victorians would have appreciated such a neat, orderly structure. Doyle ends the story in such a way as to provide a satisfying conclusion. All loose ends are tied up and the murderer is caught. The neat ending would have appealed to the Victorians sense of order but there is also an unmistakeable moral message. The way in which Dr. Roylott is caught shows Doyles own views coming forward. Doyle obviously believes in adhering to law and never resorting to violence. This is also shown by the line: Violence does, in truth, recoil upon the violent. This message of good triumphing over evil is found in all of Doyles Sherlock Holmes stories. Even though the stories may include topics that are foreign or dangerous to a Victorian audience, the righteous ending would make them feel justified in reading them. Doyle adds to the tension of The Speckled Band through his use of locations and the weather. The Roylott house would have seemed, to Victorians, to be the perfect location for a murder. The house is large, old and in need of repair work. This would make it seem spooky and more sinister. The weather also adds to this effect. Before Holmes and Watson arrive the weather is calm and warm, there was a strange contrast between the sweet promise of spring and this sinister quest upon which we were engaged. This helps to build up an anticipation of troubles yet to come. When it comes for the time for the duo to begin the stake out, the weather reflects their mood, on the dark road, a chill wind blowing in our faces the gloom to guide us on our sombre errand. The darkness and even the chill wind are often used to symbolise evil or a menace and help to build up a sense of impending danger. In conclusion I believe that even though Doyle wrote The Adventures Of The Speckled Band with Victorian views and preferences in mind he did not let it completely change his writing style. This is revealed by the fact that even today, years after the stories were written, they still appeal to the contemporary audience. The friendship between Holmes and Watson, the logical deductions and the triumph of good over evil still appeal in modern day. There are few things, such as the reliance on men of Miss Stoner, which do not fit in with modern society and views.

Media: The Most Powerful Entity On Earth

Media: The Most Powerful Entity On Earth In his article, The Mediatization of Society Theory, Hjarvard deduces that media simultaneously become an integrated part of society, not to mention the existence of other new social media. New social media, a set of identity-centric information and communication technologies (ICTs) that enables production and sharing of digital content in a mediated social setting (Studstzman, 2009) such as Facebook and Twitter, have successfully attracted millions of users, many of whom have integrated these sites into their daily practices and transformed them from a situation of information scarcity to one of information abundance. Accordingly, Ronn (2007) in one of his reports noted that social media sites such as Facebook, Twitter, and LinkedIn, are among the most visited sites on the Internet, just behind the major search engines. Facebook for example, as the site grows more popular, claims that it has more than 500 million active users and 50% of users log on to this site everyday (Facebook, 2011), while Twitter records 175 million registered users since its first launch in 2006, with around 95 million tweets are written per day (Twitter, 2011). Both Facebook and Twitter equipped with platforms that allow individuals, as cited in Boyd (1997), to construct a public or semi-public profile within a bounded system, articulate a list of other users with whom they share a connection and view and traverse their list of connections and those made by others within the system. These platforms not only serve its users as a tool of sharing of life minutiae (Green, 2011) but also seize the opportunity of increasing their engagement in various issues. For example, Facebook and Twitter have played an increasing role in American politics as they become what US President Barrack Obama campaign in 2008 were most successfully noted for. Accordingly, both also facilitate online community to raise fund for Japanese earthquake and tsunami victim as well as assist innovation that plays as a significant role in cultural change. In other word, interactive and collaborative features provided by the platform of social media have made the dimension of political, social and cultural advancement become more prominent. However, it appears questionable to simply claim that social media alternately acts as the ground of political revolution or creates new social identity and induce cultural change (Boyd, 2011, Green 2011, Hoffman Kornweitz, 2011). A single click on Facebook gro up and merely a tweet do not make people politically activated and socially changed. As emphasises by Boyd (2011), it seems to be only a majestical lustre that technologys structure instantly influences peoples behaviour. Correspondingly, Green (2011) also voices an interesting quandary if social media actually enhance the democracy itself. It is reasonable since Facebook and Twitter are not a replace for motivation that at least required for a revolution to be taken place or new community to be formed. Nonetheless, it is likely understandable from current events that social media have the power to pursue and persuade as by providing platform toward political revolution, social community and cultural advancement yet bring negative and positive consequences for those three subjects. SOCIAL MEDIA AND POLITICAL REVOLUTION As mention above, Facebook, in particular, provides three default platforms for its users to convey their political interest (Langlois, 2009). First, users can become fan of politicians profile or page. Second, they can create or join a group and last, they can change their political views in their profile. Among three, becoming a fan or a group is considered to allow users to be more engaged. Once the common interests are created, the Facebook platforms greatly simplify communicating within and to a network via emails, invitation and reminders. Shirky (2011), social media have become coordinating tools for nearly all of the worlds political movement. Prominent example for this argument is U.S. President Barack Obamas election in 2008. As cited from Obamas Facebook groups during the campaign greatly simplify communicating within and to more than 1, 2 millions of his supportersHe also highlights three default ways . Langlois (2009), Addressed by Hoffmann Kornweitz as medium of direct citizen participation, this aggregation of public via the social network does remarkably magnify the engagement of society to the campaign itself, by extending their social activities/participation such as informing others about campaign events, attempting to persuade donations or taking part in activities related to politics without having to sit down face to face! against History of Russia and France are best example of how lack of new social media did not impede both countries revolutions from happening. The media themselves ineffective acted by casual participants which obviously does not guarantee that every political movement of mobilization will succeed, because the state has not lost the power to react. Take Tunisia for example. The only way both governments could immensely stop the quick dissemination of information was to shut down the whole internet. SOCIAL MEDIA AND SOCIAL IDENTITY/COMMUNITY As noted above, new social media such as Facebook and Twitter are potentially able to change the character of our social live. According to . that the new media is changing the way people think, act, and feel. Langlois (2009) stated that social media allows for the emergence of marginalized issue and public: The online informational system provide the material, communicational and social means for a public to exist Therefore, it is likely clear that new social media can be powerful tools for spurring social change, with stressing point that it played a facilitating, mediating role in connections and interactions among its user in society. There are at least three reasons for this claim to be apprehended: Firstly, social media enables creation of dense network that extend human communication abilities in both time and space. According to technological determinism purposed by Mc Luhan, the world now is a global village, where physical distance is even less of a hindrance to the real-time communicative activities of people. Therefore social spheres are greatly expanded by the openness of the web and the ease at which people can search for online communities and interact with others that share the same interests and concerns. Secondly, social medias quick dissemination of information supports new communities to be created, (virtual). Equipped with features that enable for users to be more interactive and collaborative, social media becomes a form of mediated communication that gives the audience access to on-demand content and the ability to share and discuss it with others within seconds. Lets look at Japanese Tsunami and Earthquake for example. Addison asserts in one of his reports that images and videos of Japans tsunami were soon hitting the web just minutes count from the first wave hit Sendai. Thousands messages were then updated via Twitter within seconds, showing of good will, condolences and offering aid for Japan. Social media facilitates such as allowing people the chance to donate to the Red Cross via text message, the donation being added to phone bills. According to the members of the each social medium, there are more than 500 million people are using Facebook and more than 200 million view s on the Youtube for a day. It means billions of audiences are able to share and receive information on the same platform at the same time. Moreover, the information on the social media can be posted and received immediately. Therefore, the information on the social media could be disseminated much faster, compared with traditional media. Thirdly, specifically that the social media is more user generated content, it allows users as news producers. The social media provide a platform for public to advocate social issues. Moreover, it also means the news is not limited by organizations or governments anymore. For instance, for Chinese Jasmine Revolution in 2011, even the Chinese Government tried to stop the situation to be expanded on the social media, it is still held quite successfully. Afterwards, the international media is starting to be conscious to what the revolution was trying to present to public and they are trying to report it to public as well. According to media and social dependency theory (Defleur Ball-Rokeach), for some countries (especially developing countries), if public are uncertain about their society and country, it is much easier for them to rely on the media. It means for some countries, audiences might be easy to follow the issues. In short, social media definitely, developed freedom of speech. With every response and action that results from our engagement, we are slowly introduced to the laws of social physics: for every action there is a reaction even if that reaction is silence. And, the extent of this resulting activity is measured by levels of influence and other factors such as the size and shape of nicheworks as well as attention aperture and time. the concept of community no longer has geographical limitations, as people can now virtually gather in an online community and share common interests regardless of physical location. However, idea of new community in Facebook did not make Obama win his Presidency. SOCIAL MEDIA AND CULTURAL ADVANCEMENT Conclusion Yes, overall it can especially in terms of providing fast, quick and ..platform ,,,. Media scholars argue that social media platforms are tools of self-expression that return a benefit to a public good It is reasonable since Facebook and Twitter are not a replace for motivation that at least required for a revolution to be taken place or new community to be formed. . People can virtually gather in Facebok and Twitter online community or groups, regardless geographical limitations and physical location, which (.). Ronn, K. (2007). Social networking: Closer than you think. Business Week Online, p. 12. Available at: http://www.businessweek.com/careers/content/jun2007/ca20070612_954809.htm Hjarvard, S. (2008). The Mediatization of Society: A Theory of the Media as Agents of Social and Cultural Change. [Article]. NORDICOM Review, 29(2), 105-134.