Critique Nursing free essay sample

The purpose of this assignment is to critique and evaluate the chosen article in terms of strengths and weaknesses, to demonstrate an understanding of the research process. According to Polit and Beck (2004) the aim of critically appraising an article is an attempt to determine its strengths and limitations. Therefore, the research critique should reflect an objective and balanced consideration of the studys validity and significance (Polit and Hungler 1999). The task of critiquing is, according to Lo Biondo-Wood and Harber (2006) a challenging one and can only be effectively achieved through much practice and skill. For the purpose of this critique, the frameworks of Parahoo (1997) and Polit and Hungler (1999) have been used as a guide. This will assist in producing an organised sub-headed piece of work. Title The title of an article is the first part of a study to be encountered and Parahoo (1997) states that a title should draw the readers attention to the precise area of study and make reference to the population from whom the data is collected. Cormack (2000) and Marshall and Kelly (2007) agree, stating a title should be concise and reflect the content of the study. The chosen article is titled Perceived barriers and facilitators to implementing research findings in the Irish practice setting. This title utilised by Glacken and Chaney is concise, consisting of 13 words in bold print. Rumrill et al (2000) state that a standard length title is 12 15 words. However, the title does not reflect the population of the sample group i. e. Registered Nurses. Although the title still provides insight into what the article is trying to accomplish. Author(s) According to Cormack (2000) researchers must be qualified to commence a esearch study. The researchers qualification and credentials in the article are clearly stated and easy to find. They both have initials after their names, one of which has a PHD, which indicate that they have an educational background. A search using Glacken and Chaney using the ProQuest database identifies several published articles by Glacken. According to Lo Biondo-Wood and Harber (2002) this enhances the credibility of a study placing confidence in the findings. The article was submitted for publication on the 1st July 2003 and was accepted on the 9th January 2004. This illustrates that it was still relevantly recent and not dated when published which could have posed questions regarding validity and reliability. The Journal of Clinical Nursing has published the article. This also adds to the credibility of the research study, as all published articles are double bind peer reviewed. Abstract The purpose of the abstract is to provide a short comprehensive synopsis of an article (Rumrill et al 2000). According to Parahoo (1997) it should quickly focus the readers attention on the main points of the study. Langford (2001) also states that a well-presented abstract should be accurate, self-contained and readable. This abstract gives a brief summary of the study and within the first few lines identifies what the study is trying to achieve to ascertain what registered nurses perceive as barriers to the utilisation of research findings and discover what they perceive would facilitate the implementation of these findings. The remainder of the abstract provides a summary of approach (cross-sectional survey), the population (registered nurses) and overall findings. One limitation noted is that the researchers do not give the exact sample size in the abstract. By reading this summary it is believed that the reader would be able to make an informed choice about the relevance of the article for their purpose. The keywords used within the abstract were barriers, clinical practice, facilitators, Republic of Ireland, utilisation. It is vital that researchers choose appropriate keywords for their articles in order to aid literature searching through databases (Webb 2005). The keywords used by Glacken and Chaney are all relevant to the research study. Introduction The purpose of the introductory section is to clearly identify the problem and give a rationale for the study been carried out (Cormack 2000). Poilt and Hungler (1999) agree by stating that the introduction should explain the research problem and why the study is important, worthwhile and relevant. Russell (2004) also states that the introduction should thoroughly describe the background of the research problem so that the need for the study is apparent. The introduction given by Glacken and Chaney builds a cause from existing literature that the problem is of adequate value to justify further research. The author of this critique believes the research problem is in the last sentence of the introduction. It states that there are many difficulties involved in achieving evidence based practice and many barriers that may impede research utilisation. If this is in fact the research problem, the researchers comply with Russells (2004) recommendation that the research problem should flow directly from the introduction and conclude this section. However one would feel that this introduction deals more with the importance of research rather than explaining that the remainder of the article will focus on the barriers that impede research. According to Cormack (2000) an introduction should also state the studys limitations. This particular introduction does not make the studys limitations explicit to the reader. Literature Review/Background According to Parahoo (1997) a literature review serves to put the current study into the context of what is already known about the subject. Cormack (2000) states that the literature review is a critical review of previous literature relating to the research topic. Therefore this section aims to provide the reader with an understanding of what the current state of evidence is in the selected area of study. This review is organised by heading that correspond to the key study concepts, which makes the review easy to follow. The researchers attempt to review previous studies relating to the topic, thus preparing the ground for new research. The studies presented highlight the significance of the problem under investigation. It was difficult to identify the exact research question, as there was no definite question asked. Although Valente (2003) states that sometimes researchers may hide the research question within the purpose of the study. The final statement of the literature review is therefore the purpose of this study it is timely that perceived barriers are identified and acknowledged. Therefore as you read the review it moves from broad to specific relevance with the last section of the review clearly outlining the need for the study. Due to the article been published in 2004, it is expected that the references used will be relevantly recent. From reading the reference list, it can be seen that this is the case and only three references before 1994 have been used. There was a need for these older references as the original author who employed the Barriers scale did so in 1991 and the purpose of the 1978 reference was to illustrate that access to research reports has been a problem for many years. Also noted is that the articles included in the reference list are clearly related to the topic under study and include international resources, all nursing related. http://repository. uwc. ac. a/xmlui/bitstream/handle/10566/308/RoweBlendedLearning2012. pdf? sequence=3 Method According to Polit and Hungler (1999) the heart of the research critique is the analysis of the methodology decisions adopted in addressing the research question. Cormack (2000) suggests the method section should clearly state the research approach to be used and asks whether the method is appropriate to the research problem and whether the strengths and li mitations of the approach are stated. Although not written in text it is clearly pointed out that the article is of a quantitative approach. Burns and Groves (1997) describe quantitative research as a method used to gain more information, test relationships and uses numeric data to answer problems. In reviewing the methodology section which is under the subheading Methods, the researchers clearly demonstrate that the design method is a cross sectional survey using a non probability sample. According to Polit and Hungler (1999) a cross sectional design involves the collection of data at one point in time. This descriptive study uses the established 29 item Barriers 5 point Likert scale, after firstly gaining permission from the main author to employ the instrument S. Funk. Therefore a strength of this article is related to the measurement tool. The researchers used an already developed measurement device in which the reliability of the tool would have been determined. They reinforce this fact by saying that the scale is recognised to be psychometrically robust. A further quantitative research tool a questionnaire, was selected as the method to solicit opinions regarding the barriers to research. Cormack (2000) believes that questionnaires are the most widely used method of collecting data. However he recognises that if participants are aware that they are partaking in a study, it is natural that they might alter their response the Hawthorne Effect (Cormack 2000). The researchers do not state how they minimised this Hawthorne Effect. In addition to the questionnaire, a demographic information sheet was utilised. This is in line with a descriptive design, as the purpose of such is to gain more information about the characteristics of a group (Vitale 2003). The research participants were a convenience sample of registered nurses who enrolled in a nursing focused academic course in Trinity College, Dublin. All who enrolled were invited to participate in the study. However the recruitment process is not described in much detail. It is not until the Findings section that the size of the sample is revealed 169 participants responded. According to Thompson (1999) the sample size in quantitative research is preferably a large sample. Vitale (2003) states that the general rule regarding sample size is sample error decreases as sample size increases. It is harder to generalise a sample of this size. It is recognised by the researchers in the Discussion section that the particular mode of sampling employed may introduce bias into the findings. This may result in the findings becoming less reliable. A limitation noted in the method design used by the researchers was the lack of an explicit framework. The researchers did not identify if they used one. When researching the other studies that used the Barriers scale the vast majority used a framework. Ethical Consideration Ethics is an important part of nursing and nursing research. It is about researchers doing what is fair, decent and moral and is underpinned by values and believes of the community (Crookes and Davies 2004). There is no designated section allocated to ethical considerations, however Hek (1996) states that ethical issues may be integrated throughout the article. This article addresses ethical issues in both the abstract and under the method section. The researchers clarify that the ethical issues of a persons right not to be harmed, right of full disclosure, right of self-determination, right of privacy and confidentiality were respected. According to the researcher all participants provided their consent to the study by the returning of the completed questionnaire. Consent is vital as it respects the autonomy of individuals, their right to privacy and their right to choose (Tingle and Cribb 2002). Results Cormack (2000) states that the results should be presented clearly and in enough detail so that the reader is able to judge how reliable the findings are. Polit and Beck (2004) agree by stating that the most critical element of any study is getting your results across and understood by your readers. Valente (2003) believes that the researchers should repeat the research question before delving into the findings. The researchers in this case presented the data in succinct form with little discussion at the start, but organise their findings under subheadings. According to Russell (2004) researchers frequently organise their findings by research question to facilitate readability. The aim was to quantify the barriers to research implementation. The authors of this article present their findings systematically, utilising a variety of graphs and tables. Figure 1 shows a graph depicting that 38% of the participants consulted journals more than twice a month. Table 1 presents the barriers to research utilisation in descending order of importance. Results were also explained and summarised alongside which according to Clifford (1997) is a form of descriptive statistics. According to Russell (2004) if a descriptive design was used the reader should find descriptive statistics such as mean, mode, median and standard deviation. All these statistics are included within the results section. The target audience (professional nurses) are more than likely to be able to interpret the figures within each table and, thus, judge hoe reliable the results are. It is important that results are presented in such a way that they are clearly understood (Cormack 2000). Parahoo (1997) is an advocate of comparing results with other similar studies. The researchers adopted this style and compared the top 10 barriers with those found in three recent studies (Table 3). The researchers showed their findings to be very similar with the studies undertaken in both Northern Ireland and Australia. Discussion/Conclusion The discussion section should flow from the data results and place the studys findings in context with what is already known (Parahoo 1997). Valente (2003) believes that under this section the researchers should summarise their major findings and conclude their application to practice, research, and theory and knowledge development. The researchers state that this section will discuss the findings in comparison with other studies undertaken. Valente (2003) states that author(s) should compare and contrast their results with other studies and interpret the findings. The discussion is unambiguous and supported by the results obtained. Again the researchers used subheadings to ease readability. There are many implications to practice identified by the researchers. According to Valente (2003) implications should describe how the results of the study could be applied to nursing practice. For example the researchers discovered that their study and many other studies identified nurses perceived lack of authority as the most common barrier to research. Therefore they exposed a need to implement some change into the organisational setting. Also, more support from managers was noted to be the top ranked facilitator of research implementation. The researchers also suggest a further research study, which would explore the reasons why nurses do not access research journals on a regular basis. General Impression Overall the article was interesting with clear aims and use of methodology. It was quite simple to interpret and has provided interesting fact regarding this topic. The study contains few flaws and represents a valid example of descriptive quantitative research. The results have addressed the aims of the study and are both informative and descriptive. It is recommended that it should contain a section of ethical consideration however the ethical issues are evident throughout the article. In the introduction the article stresses the importance of research in nursing and health care. This builds a good case for continuing the study. Research is an essential part of every nurses role. But as this study revealed there are many barriers for nurses to overcome to properly utilise and implement research. This study has brought these barriers to the foreground and identified ways to overcome them. The findings were interesting, although it might become more reliable if the study was replicated using a larger, random sample group. The top ranked barrier to research utilisation was surprising to read, as it was made known to be nurses perceived lack of authority. The article was very good overall and a lot of interesting facts emerged from the study.

Consider whether the Consumer Protection Act Essay Example

Consider whether the Consumer Protection Act Essay See whether the Consumer Protection Act 1987 has made a important difference to patients who suffer hurts as a consequence of faulty medical merchandises. This essay will briefly see the place of patients who suffered hurts as a consequence of faulty medical merchandises prior to 1988. The piece will so see the effectivity of the Consumer Protection Act 1987 and supply an analysis of the relevant instances to day of the month. Before the Consumer Protection Act 1987 was enacted, patients who were injured as a consequence of faulty medical merchandises had really limited options in footings of recovery. Where a consumer had himself bought the merchandise so he may hold been able to action in contract. This would usually be through the operation of the Sale of Goods Act 1979 which implies footings that the goods must be of satisfactory quality [ 1 ] and that the goods must be moderately fit for the intent for which they are sold [ 2 ] . However, contractual redresss are of limited relevancy to consumers who suffer drug-related hurts [ 3 ] as it is unusual for a contract to be straight between the consumer and the medicine’s maker. Furthermore, where a drug is prescribed under an NHS prescription, there is no contract with either the druggist or the physician who wrote the prescription. We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Consider whether the Consumer Protection Act specifically for you FOR ONLY $16.38 $13.9/page Hire Writer InPfizer Corporation v Minister of Health[ 4 ] it was held that payment of the charge for prescription drugs does non amount to a sale for contractual intents. This is because there is no existent freedom to contract, the druggist is duty edge to supply the drugs if presented with a prescription and the payment of the charge, and besides because the charge does non amount to the true monetary value of the drug. The lone other possible cause of action for those injured by faulty medical merchandises before the Consumer Protection Act 1987 came into force was that of a claim in carelessness. This was ( and still is ) available where the consumer could turn out that she was owed a responsibility of attention, and that the manufacturer’s breach of that responsibility caused her hurt [ 5 ] . There are loosely three different types of defect which might be identified in a merchandise: fabrication defects ; design defects ; and, failure to give equal warnings [ 6 ] . Where the defect is a fabrication defect, it will be comparatively straight-forward to turn out that there has been a breach of responsibility as failure to guarantee that medical specialties leave the manufacturer’s premises in a province tantrum for human consumption will by and large bespeak carelessness. However, where the defect is one in design the job is more complex. As no drug can of all time be without effects, side effects can be inauspicious and unanticipated. The claimant would hold to p-rove foreseeability of hurt and that providing the merchandise was unreasonable. It will probably be really hard for the claimant to derive entree to the needed information for cogent evidence and research tests can non be expected to detect every possible side consequence in every possible consumer. A care lessness claim in these fortunes is hence debatable. Similarly, where it is alleged that a warning was faulty, a consumer will be contending against the fact that once more, no drug is wholly safe for everybody and a maker will hold acted moderately if he took sensible stairss to alarm consumers to the hazard of some side consequence. Furthermore, the claimant must besides turn out causing. This is hard because she must turn out that she would non hold taken the drug in inquiry if she had been warned of the peculiar side consequence. As hazards of side effects are by and large low, the job here is obvious. In the 1970s there was a motion in Europe towards integrating a rigorous liability government for hurts cause by faulty merchandises, in portion caused by response to high profile drug jobs such as those associated with the Thalidomide catastrophe [ 7 ] . In 1976 a bill of exchange Directive was presented by the European Commission to the Council Ministers, and in 1977 the European Convention on Products Liability in respect to Personal Injury and Death ( Strasbourg Convention ) [ 8 ] was signed. However, subsequent old ages saw a diminution in involvement for generalised reform. In the UK, the Pearson Commission did non urge no-fault compensation and instances such as Opren and blood taint were regarded as one-off catastrophes [ 9 ] After via media in footings of inclusion of a ‘development hazards defence’ , a 2nd version of the Directive was accepted. It was implemented in the UK by the Consumer Protection Act 1987. This Act was designed to do it easier for patients to action the manufacturer of a drug they believe injured them [ 10 ] . The balance of this essay will see to what extent the Consumer Protection Act has succeeded in this purpose. Under the Consumer Protection Act 1987 a claimant seeking compensation from the maker need merely turn out ( 1 ) that the merchandise was faulty and ( 2 ) that the defect in the merchandise caused the hurt. It is said that rigorous liability is fairer to claimants because it establishes that duty for an hurt caused by a faulty merchandise is borne by the individual making the hazard and profiting financially from the merchandise [ 11 ] . Furthermore, the maker is in the best place to exert control over the safety and quality of the merchandise and can see against hazards. The Act imposes rigorous liability on makers and, where a provider can non or will non supply inside informations of the maker, on providers besides, for faulty merchandises which cause physical hurt, or belongings harm greater than five 100 euros, though pure economic loss is non covered. Any claim under the Act, in order to be successful, must be brought within three old ages of the find of the harm or hurt, and there is a maximal clip bound of 10 old ages from when the merchandise was first put into circulation [ 12 ] . This clip bound makes it easier for makers to see against liability, but it will necessarily go forth some people uncompensated as some inauspicious reactions can take many old ages to attest themselves. As the Act applies merely to drugs put into circulation after it came into force on 1 March 1988, it could be expected that there would be comparatively few instances brought under the statute law in the first old ages, yet Lord Griffiths [ 13 ] thought that once it was no longer necessary to turn out carelessness, there would be a â€Å"significant increase† in merchandise liability judicial proceeding. Stapleton has attempted to explicate the possible grounds for the Act’s limited impact and concludes: â€Å"In my position, the most convincing account for this no-significant-impact phenomenon is merely that the new jurisprudence barely advances the place of the consumer at all†¦ Save in a few peripheral contexts, no greater liability is imposed by the Directive than already exists under the other two chief causes of action available to victims of faulty products.† [ 14 ] In order to analyze the effectivity of the Consumer Protection Act it is necessary to find what the Act applies to. Medicines and medical devices are ‘products’ for the intents of the Act, but until reasonably late, it was ill-defined whether human organic structure tissues or fluids would be covered [ 15 ] . InA 5 National Blood Authority[ 16 ] it was accepted that blood is a merchandise under the Act. It hence seems likely that gametes will be capable to the Act’s commissariats, although the position of variety meats is as yet ill-defined [ 17 ] . Possibly one of the countries from which jobs stem in the Consumer Protection Act, is the significance of ‘defective’ . Section 3 ( 1 ) of the Act provides that: â€Å"†¦ there is a defect in a product†¦ if the safety of the merchandise is non such as individuals by and large are entitled to expect.† Observers have criticised this as merely repeating the inquiry: how safe are individuals entitled to anticipate a merchandise to be? [ 18 ] Thereby organizing a round statement [ 19 ] . Section 3 ( 2 ) of the Act goes on to direct the justice to take history all relevant fortunes, including, though non entirely [ 20 ] : â€Å" ( a ) the mode in which, and the intents for which, the merchandise has been marketed, its get-up, the usage of any grade in relation to the merchandise and any instructions for, or warnings with regard to, the making of anything with or in relation to the merchandise ; ( B ) what might moderately be expected to be done with or in relation to the merchandise ; and ( degree Celsius ) the clip when the merchandise was supplied by its manufacturer to another.† The Act does non separate between fabrication, design or failure to warn defects. The definition applies easy to fabricating defects, where the merchandise is less safe than it should hold been because of a faulty production procedure, but in the instance of medicative merchandises, fabrication defects are highly rare [ 21 ] . It is more usual for claimants to aver that the design was faulty, or that they were inadequately warned about a peculiar hazard, and in both of these state of affairss, working out what degree of safety people are entitled to anticipate becomes debatable. It may be argued that consumers may neer anticipate to be injured by a particu7lar merchandise, so that any merchandise which causes in jury is faulty [ 22 ] . However, the trial is an nonsubjective one and, where medical specialties are powerful plenty to change physiological map it may be expected that they will on occasion do inauspicious reactions. Ferguson has suggested another ground why the consumer outlook trial is awkward in its application to pharmaceutical merchandises: â€Å"While one can accept that consumers may develop certain outlooks as to the safety of most consumer goods, pharmaceutical drugs and devices are in a different place since they have to go through rigorous demands, laid down by authorities organic structures, before they can be marketed. It is arguable that a consumer should non anticipate a merchandise which has satisfied the criterions imposed by such organic structures to be any safer than in fact it is† [ 23 ] In other words, if the CSM decided that the medical specialty is sufficiently safe, it would so look odd for a tribunal to make up ones mind that consumers are entitled to anticipate it to be safer. It has been suggested that before the judgement inA 5 National Blood, the tribunals appeared to bespeak that what consumers were entitled to anticipate depended upon the rationality of the defendant’s behavior, and that this in bend â€Å"looks really like an appraisal of whether the suspect was negligent† [ 24 ] . InWorsley V Tambrands Ltd[ 25 ] the claimant suffered toxic daze syndrome which she alleged was caused by a tampon manufactured by the suspect. The claimant had read the cusp included with the box of tampons but her hubby had so thrown it off before she became sick, and as a consequence the claimant did non instantly acknowledge the symptoms and she became unwell. Once she had recovered she alleged that the maker of the tampons had negligently failed to warn her of the hazards of toxic daze syndrome and that the merchandise was faulty under the Consumer Protection Act due to the unequal warnings. The Court rejected the entry that the warnings were unequal and found that the maker had taken the stairss a consumer was entitled to anticipate by ( 1 ) seting a clearly legible warning on the exterior of the box which directed the user to the information cusp and ( 2 ) supplying a clear and unambiguous warning about symptoms and necessary action on the cusp. Similarly, inRichardsonV LRC Products Ltd[ 26 ] the claimant became pregnant when the rubber her hubby used fractured during intercourse. The claimant alleged that the rubber was faulty because it failed. There was conflicting adept grounds in the instance as to when oxidation of the rubber cloth had occurred, with the claimant contending that it was during industry and the suspect reasoning that it was after the break had occurred, whilst being stored in a bathroom closet. The Court decided that although users did non anticipate rubbers to neglect, individuals by and large could non anticipate any method of contraceptive method to be 100 per cent effectual. It was held that the rubbers in inquiry were manufactured to a more demanding criterion than the relevant British Standard. Yet once more, this appears to be taking into history the reasonableess of the defendant’s behavior when proving the merchandise. As Jackson concludes [ 27 ] : â€Å"But if the degree of safety peopl e are entitled to anticipate can non be measured without mention to therationalityof the defendant’s behavior, ‘strict liability’ may be identical from negligence† . Furthermore, inFoster V Biosil[ 28 ] the claimant had undergone chest implants after a bilateral mastectomy. She brought proceedings under the Consumer Protection Act avering that the implants were faulty as the left implant had ruptured. The suspect alleged that the rupture was caused by the sawbones ‘nicking’ it on nidation but the justice rejected this. It was held that the claimant was obliged to turn out the fact of the defect and besides the cause of it, thereby turn outing that the maker had non taken sensible attention. However, this line of instances was interrupted byA 5 National Blood Authority[ 29 ] mentioned supra. This instance has been described as â€Å"by far the most of import instance yet to construe the Consumer Protection Act 1987† [ 30 ] It concerned claims by patients infected with hepatitis C from blood and blood merchandises through blood transfusions after 1 March 1988. The suspects conceded that blood fell within the definition of merchandises for the Consumer Protection Act 1987. It was decided by the tribunal that the commissariats of the Act must be interpreted in visible radiation of the European Product Liability Directive, and that where there were any evident incompatibilities, the Directive should be preferred [ 31 ] . It was the Court’s sentiment that, in finding whether the contaminated blood was faulty, the inquiry was what the legitimate outlooks of the populace were in relation to the merchandise. Peoples expected blood to be clean, and whether the relevant defect was evitable or non was non the issue. The suspects argued that the populace could merely anticipate that they would hold done what was possible to test the blood and avoid the taint, but this was non followed. The Court adopted a differentiation between standard merchandises, which are as the manufacturer intended them to be, and non-standard merchandises which differ. Where a non-standard merchandise is in issue, the populace at big should non be taken as knowing that the merchandise is inescapably insecure. InA 5 National Blood Authoritythe suspects besides attempted to raise the ‘development risks’ defense mechanism contained in subdivision 4 ( 1 ) ( vitamin E ) of the Consumer Protection Act 1987 which provides â€Å"†¦ the province of scientific and proficient cognition was non such that a manufacturer of merchandise of the same description as the merchandise in inquiry might be expected to hold discovered the defect† . The Court went back to the Directive and held that as the hazard was known it did non count that testing processs had non at the clip been developed. This determination hence sum to doing the defense mechanism one of the defect being unascertainable. Equally far as standard merchandises are concerned, the opinion inA 5 National Blood Authorityhas non had an impact, and the old line of instances continues. InPiper V JRI ( Manufacturing ) Ltd[ 32 ] a hip replacing which fractured after 18 months was accepted as faulty. The maker argued that the hip must hold been damaged on nidation, and hence that the defect did non be at the clip it was put into circulation. The adept grounds was extremely conflicting and the Court did non prefer either side. However, the Court decided that the defect would had to be missed by a figure of persons if it were present at the clip it was put into circulation. So, although the instance did non turn straight on the diction of the Act it â€Å"adds to a losing tally for claimants in instances in which the debut of no-fault liability has failed to capture the enthusiasm of the bench† [ 33 ] . It has been argued that a risk/benefit attack may run more efficaciously in instances refering medical merchandises than the consumer outlook trial presently in operation [ 34 ] . Goldberg [ 35 ] provinces that â€Å"there is an built-in logic in turn toing the jobs of faulty medicative merchandises by weighing the hazards against the awaited benefits and against the ‘costs’ of non utilizing the product†¦Ã¢â‚¬  . Furthermore, before the judgement inA 5 National Blood AuthorityGrubb and Pearl [ 36 ] wrote that the public-service corporation of blood, coupled with the absence of any less unsafe option, were likely to take a tribunal to reason that blood is non faulty and that hence rigorous liability would non be applied. In decision, the Consumer Protection Act 1987 has non resulted in the significantly higher degrees of judicial proceeding expected. This may in portion be because the significance of defect has been ill-defined and possible claimants have been put off by the instances decided. However, since the determination inA 5 National Blood Authoritynon-standard merchandises, at least, are genuinely considered on a rigorous liability consumer outlook footing. This is despite old concerns that the Consumer Protection Act was being interpreted as offering no more to claimants than an ordinary carelessness claim. Yet, it is possibly non the instance that claimants are non being served by the Consumer Protection Act as it is unknown how many instances are now settling because of it that antecedently would hold gone to test, conveying all the emphasis to claimants that that entails. Bibliography M Brazier A ; E CaveMedicine, Patients and the Law( 4ThursdayEdn, Penguin, London 2007 ) E Deards A ; C Twigg-Flesner, ‘The Consumer Protection Act 1987: cogent evidence at last that it is protecting consumers’ ( 2001 ) 10 ( 2 )NottinghamLaw Journal1 WCH Ervine, ‘Satisfactory Quality: What does it Mean? ’ ( 2004 )Journal of Business Law684. P Ferguson,Drug Injuries and the Pursuit of Compensation( Sweet A ; Maxwell, London 1996 ) R Goldberg, ‘Paying for Bad Blood: Rigorous Product Liability after the Hepatitis C Litigation’ ( 2002 ) 10Medical Law Reappraisal165 Lord Griffiths, P De Val A ; RJ Dormer, ‘Developments in English Product Liability Law: A Comparison with the American System’ ( 1988 ) 62Tulane Law Review353 A Grubb A ; D Pearl,Blood Testing, AIDS and DNA Profiling( Jordan and Sons, Bristol 1990 ) J HerringMedical Law and Ethical motives( 2neodymiumEdn, Oxford University Press, Oxford 2008 ) E Jackson,Medical Law: Text, Cases, and Materials( Oxford University Press, Oxford 2006 ) M Mildred, ‘Pitfalls in merchandise liability’ ( 2007 )Journal of Personal Injury Law, 141 P Shears ‘The EU Product Liability Directive – twenty old ages on’ ( 2007 )Journal of Business Law884 J StapletonMerchandise Liability( Butterworths, London 1994 ) J Stapleton, ‘Products Liability in the United Kingdom: The Myths of Reform’ ( 1999 ) 34TexasInternational Law Journal45 H Teff A ; C MunroThalidomide: The Legal Aftermath( Farnborough, Saxon House 1976 C Twigg-Flesner, ‘The Relationship Between Satisfactory Quality and Fitness for Purpose’ ( 2004 ) 63CambridgeLaw Journal22 Table of Cases A 5 National Blood Authority[ 2001 ] 3 All ER 289 Donoghue V Stevenson[ 1932 ] AC 562 Foster V Biosil( 2000 ) 59 MBLR 178 Pfizer Corporation v Minister of Health[ 1965 ] 2 WLR 387 Piper V JRI ( Manufacturing ) Ltd[ 2006 ] EWCA Civ 1344 Richardson V LRC Products Ltd[ 2000 ] PIQR P164 Worsely 5 Tambrands Ltd[ 2000 ] PIQR P95 1

Pygmies Essays - African Pygmies, Mbuti People, Ef People

Pygmies Essays - African Pygmies, Mbuti People, Ef People Pygmies Pygmy groups are scattered throughout equatorial Africa, from Cameroon in the west to Zambia in the southeast. In Zaire, there are three main groups of Pygmies: the Tswa in the west, the Twa between Lake Kivu and Lake Tanganyika, and the Mbuti (also referred to as Bambuti or BaMbuti) of the Ituri Forest. According to Schebesta, the author of the earliest reliable reports, only the Mbuti are true Pygmies, i.e., under 150 cm. in height and relatively unmixed with neighboring peoples. The other groups are referred to as Pygmoids, being highly intermixed with other peoples both physically and culturally (Turnbull 1965A: 159-B). The following summary refers only to the Mbuti Pgymies of the Ituri Forest in Zaire. The Mbuti are located at lat. 0 degrees-3 degrees N and long. 26 degrees-30 degrees E. Their territory is a primary rain forest. The Mbuti have conventionally been divided into three groups, which are distinct from each other linguistically, economically, and geographically. Each of the three groups speaks a different language (which corresponds to the language spoken by neighboring villagers), practices different hunting techniques, and is territorially distinct. The Aka speak the Mangbetu language (Sudanic family), hunt primarily with spears, and live in the north. These spear-hunters have not been extensively studied. The Efe speak the Lese language (Sudanic family), are archers, and are located in the east. The Efe were studied by Schebesta. The Sua speak the Bira language (Bantu branch of the Benue-Congo family), hunt with nets, and live to the south. They were studied by Putnam and Turnbull. The most profound difference between the three groups, the linguistic difference, is, according to Turnbull, of recent origin and is purely accidental (Turnbull 1965B 22-23). Furthermore, in spite of the fact that the three languages are very different, there are enough similarities in intonation to make it possible for Pygmies to recognize, if not comprehend, each other. All of the Pygmies of the Ituri Forest recognize themselves by the term Mbuti, and the only political identity they have is in opposition to the village cultivators. The Mbuti as a whole are clearly distinct from these village neighbors both racially and culturally, and, Turnbull says, the economic differences between the three Mbuti groups mask a basic structural unity (Turnbull 1965B: 22-23). Since there has never been an official demographic census, it is impossible to give an accurate estimate of the total Mbuti population. From discussion with missionaries and administrators and from his own experience, however, Turnbull guessed that the population was approximately 40,000 in 1958 (Turnbull 1965B: 26). The Mbuti live in territorially defined nomadic bands. The membership of these bands is very fluid. Bands have no formal political structure; there are no chiefs, and there is no council. An informal consensus among old respected men is the basis of decisions affecting the entire camp. In spite of Turnbull's insistence on basic structural unity, the differences in hunting techniques aqppear to have considerable effect upon the nature of the band organization. Net hunting is a cooperative venture, requiring the cooperation of the whole band, including the women and children. Archery, on the other hand, is primarily a family venture, requiring only two or three men. The most obvious distinction resulting from the economic differences is that of band size. Archer bands average about 6 huts per band, while net-hunting bands average about 15 huts. The Mbuti maintain relationships with surrounding village cultivators whose languages the Mbuti have adopted. Many accounts indicate that the Mbuti are highly acculturated and have adopted many features of villager lifestyle beyond language, such as the clan system and certain religious observances. Turnbull feels that these features are quite superficial, however. The relationship between the Mbuti and the villagers is maintained on several different levels, centering around trade. The Pygmies bring the villagers honey and meat in return for plantation products. This economic exchange can occur on several levels: between the band and the village as a whole (capita/chief), between lineage and lineage (lineage elder/Kpara), or between individuals (kare/kare). The first type of relationship does not occur very often, exchanges being more easily conducted on an interpersonal basis. The lineage relationship is hereditary on both sides. The kare brotherhood is established in nkumbi initiations. In the nkumbi initiation, male villagers and Mbuti are circumcised. The relationship established in the initiation is continued throughout life and centers around economic exchange. The religious life of the Mbuti is not at all clear. Early reports state that they had no religion at all, and later reports dwell on whether or not the Mbuti relationship to the supernatural structurally constitutes religion (usually defined by belief in one supreme being) or magic. In

''THE 'DIVORCE' OF OWNERSHIP FROM CONTROL FROM 1900 RECALIBRATING Essay

''THE 'DIVORCE' OF OWNERSHIP FROM CONTROL FROM 1900 RECALIBRATING IMAGINED GLOBAL TRENDS'' - Essay Example In this paper we first summarize the Leslie Hannah's article titled "the 'divorce' of ownership from control from 1900: re-calibrating imagined global trends" and then discuss 'why this topic considered to be significant' comprehensively. In this paper entitled "The 'divorce' of ownership from control from 1900: re-calibrating imagined global trends", Leslie Hannah describes the US businesses - and, in some respects, Europeans as well - were subjugated by plutocratic family ownerships, and these States had very small metropolitan stock exchanges, compared to the size of their economic systems. Britain and France illustrated the highest levels of 'divorce of ownership' from power, and (with Belgium and the Netherlands) had the well-built equality culture. However South Africa, Egypt, India and Austria had partially more access to metropolitan equity assets as similar to Italy and Japan. It seems that Australia and Canada were not underprivileged, when it comes to their market growth, with respect to the United States of America. None of this packed, simply in any case, for their upcoming economic expansion: divorcing the ownership from power caused as many troubles as it determined to; ownerships had several other cha nnels out of which to flow; and the assets that practice stock exchanges were not essentially the most fruitful one. He further suggests that this observation is relied on too narrow a conception of the forms which ownership takes and on too straightforward a hypothesis of the connection between ownership and business performance. And further investigates why the point of views instinctive to generations hold so much opposing visions from those of recent ones, by investigating why and where the family ownership was divorced from 'influence' on the verge of the twentieth century. It will be definitely confirmed that France and Britain escorted in the 'disintegration' of ownership from power, most particularly in the sectors of railway and financial systems. Yet in the industrialized zone, American and German industries in nineteenth century or onwards were not evidently less family-owned by board members (in most cases, then, founding industrialists or inheriting family units) than in France; family ownership was in all probability rather common in Britain. The Importance of this topic During the early stages of industrialization in nineteenth century, personal or family ownership have usually been seen as a resourceful and flourishing capitalist response to marketplace breakdowns (Colli 2001, pg. 160). Yet in the twentieth century, small-sized personal businesses remained statistically large in some of the European countries. Moreover, the continued influence of sweeping family and personal ownerships, in spite of an understood crossroads of current economies towards 'commercially free enterprises', implies that personal free enterprises continue to be a significant issue at the dawn of the twenty first century. Economists were generally more troubled with marketplace structures and the significance of 'struggling' in competent supplying share than with worrying about who owned what (Colli 2001, pg. 166). However, with increasing interest in open marketplace economics, particularly in the last few years, 'family ownership' has grown to be a subject in its own right. The present government systems clearly consider that varying ownerships from public

Read instruction below; Research Paper Example | Topics and Well Written Essays - 750 words

Read instruction below; - Research Paper Example Starbucks has the most recognizable brand in coffee industry business and that the experience they provide to their customers is irreplaceable makes the main strengths harnessed to be successful (Lussier, 131). The other strengths are sound, visionary, and capable leadership of Howard Shultz leading Starbucks to greater success and growth from its beginning to be a global leading it is currently. Owing to the Starbucks experience, the company has loyal customers who are willing to pay premium prices for the company’s coffee increasing the profit margins and revenues for the firm. Starbucks also has the soundest financial statements in the speciality coffee industry and is a respected employer having been named among Fortune Top 100 Companies to work for due to the offer of medical insurance, fair remuneration, as well as good working conditions. Starbucks has developed a strong ethical culture and values, and this is well depicted in the mission statement. Other strengths are ability to developing and innovating new products, and customers are guaranteed of getting high quality taste at Starbucks (Lussier, 131). The main weakness at Starbucks is the inability to control the prices of coffee globally. Starbuck’s businesses are affected by fluctuation in coffee prices that occurs due to changes in global demand and supply, as well as weather conditions and climate affecting the profits and revenues of Starbucks. Starbucks cannot be able to change the prices of coffee hence is the main weakness at Starbucks. The second weakness is pricing of Starbucks coffee in Chin with the belief that it is highly priced loosing the market share in the region to McCafe. The other weakness has been a loss in the customer experience from the high rate of expansion experienced at Starbucks. Negative publicity on the health implications of consuming coffee, high fat content, and high calories in the products offered

Pay for Performance Best Practices Essay Example for Free

Pay for Performance Best Practices Essay Best practice can be defined as an idea that suggests that there is some sort of technique, method, process, incentive or reward which is considered to be more useful at producing the desired outcome or result for the company than any other technique, method or a reward etc. The performance best practice is mostly done through checklists or rating scales etc. so that the desired outcome can be achieved with fewer problems and complications. (Tech Target, 2008) Compensation When talking about compensation best practice what comes to mind is incentives and gain sharing of the employees. Compensation can be defined as what the employees of the company receive in exchange for their contribution to the company. When they are managed correctly, it helps the company to achieve its targeted goals and objectives and the company is able to obtain, maintain and retain a productive workforce. Without the right kind of compensation, the current employees of the company are very likely to leave and the company will have a difficult time in replacing and the training the employees for that job. The outcomes due to pay dissatisfaction can be very harmful to productivity and can disrupt the quality of work life. If worse comes to worst, pay dissatisfaction can reduce the performance of the employees, which in return may lead to strikes which will cause grievances and that will lead to physical or psychological withdrawal ranging from absenteeism and turnover and it would also increase poor mental health of the employees. (DRMR, n. d) But it must be remembered that overpayment can also cause harm to a company and its employees. The affects of overpayment will decrease the company’s competitiveness and it will lead to anxiety, guilt and discomfort among many employees. The human resource department can contribute to the organization’s strategic objectives through the company’s compensation program. When it us seen that wages and salaries are linked with ‘pay for knowledge’ and ‘pay for skill’ the employees will have an incentive to pursue vocational training. Vocational training can be defined as training for a specific part of a work activity. For example, Dunkin’ Donuts mostly benefits from having better trained workers, who are more productive. The result of linking compensation to continuous learning is a perpetual learning machine that furthers an organization’s strategy. Compensation is not only a way to align performance with strategy. Human resource planning, recruiting, selecting, placement, development, performance appraisals and career planning are also considered in individual efforts and company strategy. But unlike the recruiting and developing activities, compensation programs can be quickly modified and linked with new strategies of the company. (Werther Davis, 1996) Strategic Objectives Strategy can be defined as a set of decisions and actions that are used to formulate and implement strategies that will provide a competitively superior fit between the organization and its environment so as to achieve the stated goals and objectives of the company. Strategy basically shows that where is the organization standing in the market? Or where does the organization wants to be in the next 5 years? It is with the help of strategy that the executives of the company define an overall direction for the company. The strategy if the company is based on growth, entrenchment and stability. The strategic analysis begins when the executives of the company evaluate the current position of the company with respect to the mission, goals and strategies. The executives scan the company’s internal and external environment and identify the strategic factors that require change. The internal and the external environment may show a need to redefine the mission or goals or to formulate a new strategy for the company at either corporate, business or functional level of the organization. (Fullmer, 1983) Dunkin’ Donuts specializes in the provision of doughnuts and beverages. Dunkin’ Donuts client and customers are mostly based of average income households. The company has established itself as one of the most formidable forces in the restaurant business. However, this does not undermine the fact that the company still has a lot to learn from other competitors in the industry. Job Analysis and Evaluation It is a known fact that job analysis collects information about jobs through surveys, observations and discussions among the workers and supervisors, to produce job and positions descriptions. With job analysis information as a part of the department’s HR information system, compensation analysts have the minimum information needed to evaluate the work activities of their employees. Job evaluations are steps and procedures that help to identify the relative worth of jobs or work activities. There are different kinds of approaches to the evaluation of a job; these approaches consider the responsibility of the employee, skills that are needed for the job, efforts done by the employee and the working conditions related to the job. Without job evaluation the HR department would not be able to create a rational approach to pay. The most common methods for job evaluation that helps with a compensation plan are job ranking, job grading system, factor compensation and the point system. The Point System The methods that I would be suggesting for Dunkin’ Donuts would be the point system. Why? Because this system evaluates the compensation factors for each job instead of using wages as the factor comparison does, this method uses points and it is more easy to use and it’s not filled with complication plus this method is most commonly used by most companies when they are evaluating their employees. This method is slightly hard to create in the initial stage, but it is more precise than any other method because it is able to handle critical, compensable factors in more detail. This system is based on six steps and theses steps are usually implemented by a job evaluation committee or by an individual HR analyst. The steps are as follows:- Step 1 is the, determine critical factor stage. The point system uses the factors which are mostly used in the factor comparison method but it mostly adds more detail by breaking down the factors into sub factors for example, responsibility can be broken down into safety for others, equipment and materials, assisting trainees and product or service quality. Step 2 is the, determine the levels of factors stage. In this stage the amount of responsibility or any other factor like skill may vary from job to job. The point system actually creates different kinds of levels which are associated with each other. This level actually helps the HR analyst to reward different degrees of responsibility, skills and other critical factors. Step 3 is the, allocate points to the sub factor stage where the factors list down to one side. And the levels are placed across the top of the evaluation sheet; the result is a point system matrix. Starting with a level IV, the job evaluation committee subjectively assigns the maximum possible points to each sub factor. For example, if safety (75) is twice as important as assisting trainees (37), it gets twice as many points.

Aldous Huxley :: essays research papers

The English novelist and essayist Aldous Leonard Huxley, b. July 26, 1894, d. Nov. 22, 1963, a member of a distinguished scientific and literary family, intended to study medicine, but was prevented by an eye ailment that almost blinded him at the age of 16. He then turned to literature, publishing two volumes of poetry while still a student at Oxford. His reputation was firmly established by his first novel, Crome Yellow (1921). Huxley's early comic novels, which include Antic Hay (1923), Those Barren Leaves (1925), and Point Counter Point (1928), demonstrate his ability to dramatize intellectual debate in fiction; he discussed philosophical and social topics in a volume of essays, Proper Studies (1927). Brave New World (1932), was his most celebrated work. Aldous Huxley was born in Godalming, Surrey on July 26, 1894, into a well-to-do upper-middle-class family. His father, Leonard Huxley, was a biographer, editor, and poet. He first studied at Eton College, Berkshire (1908-13). When Huxley was fourteen his mother died. At the age of 16 Huxley suffered an attack of keratitis punctata and became for a period of about 18 months totally blind. By using special glasses and one eye recovered sufficiently he was able to read and he also learned Braille. Despite a condition of near-blindness, Huxley continued his studies at Balliol College, Oxford (1913-15), receiving his B.A. in English in 1916. Unable to pursue his chosen career as a scientist - or fight in World War on the front - Huxley turned to writing. His first collection of poetry appeared in 1916 and two more volumes followed by 1920. During the 1920s Huxley formed a close friendship with D.H. Lawrence with whom he traveled in Italy and France. For most of the 1920s Huxley lived in I taly. In the 1930s he moved to Sanary, near Toulon, where he wrote Brave New World, described as a dark vision of a highly technological society of the future. In the1930s Huxley was deeply concerned with the Peace Pledge Union. He moved in 1937 with the guru-figure Gerald Heard to the United States, believing that the Californian climate would help his eyesight, a constant burden. After this turning point in his life, Huxley abandoned pure fictional writing and chose the essay as a way for expressing his ideas. Huxley wrote Brave New World in four months in 1931. It appeared three years after the publication of his best-seller, the novel Point Counter Point.