Sports Marketing and Merchandising Essay Example | Topics and Well Written Essays - 500 words

Sports Marketing and Merchandising - Essay Example With its acknowledgment of the differences between male and female market, WPCG also designs special services and sources for female. Amidst its popularity and prominence in the UK market, WPCG has its own set of marketing challenges and weaknesses. It is however, expected that the use of STP (segmentation, targeting, and positioning) technique will enable it to understand its customers, create a more efficient marketing strategy, and further boost its performance in the industry. STP is considered as the essence of strategic marketing. This tool enables a business organization to identify the value that it wants to provide, deliver the value, and communicate the value. Segmentation refers to the process of dividing the market based on certain variables like geographic, demographic, psychographic, and behavioral factors. The rationale of market segmentation is the identification of a specific market which a business organization can best serve. This way, it is better positioned to create a product or service which more suitable and appropriate for a specific market as well as complement it with other components of marketing mix such as price, promotion activities, and distribution channels.

Renewable Technology Essay Example | Topics and Well Written Essays - 1000 words

Renewable Technology - Essay Example Climate change and global warming are two major threats to the ecological balance. Over the past 10 years, there is a continuous increase in the global climate that is melting the polar sea ice in the arctic regions where the population of the polar bear is endangered (Dincer, 2007). As a result, scientists have cautioned policy makers on the continued use of fossil fuel that increases the concentration of carbon dioxide gas. This is the main reason why policies are being set to encourage utilization of renewable materials. In the energy sector, people are encouraged to utilize the renewable sources of energy such as solar, biogas, hydropower and wind power. The generation of power using these processes has little influence on the environment leading to the production of environmentally friendly energy sources (Dincer, 2007). This paper will analyze the advantages and disadvantages of integrating various renewable energy sources into national electrical grid systems. In addition, this report will focus on environmental impact, costs involved, and load balancing (Anon, 2004). This will consider Solar, Wind, Hydro, and Biomass Electricity (including waste incineration) and any others of your choice. In order to achieve this objective, the analysis will examine evidence from literature existing on renewable energy. It will evaluate various sources of information such as websites, existing theories, case studies and empirical studies carried out on the topic. This approach will provide the vital data and information in regard to renewable energy. The benefits realized through the utilization of renewable energy are overwhelmingly high, especially on environmental protection. Currently, the renewable energy is being used in the generation of electricity that is later fed to the national grid. This is satisfying the high demand for electricity in the world

Ethics and Corporate Responsibility in the Workplace and the World Essay Example for Free

Ethics and Corporate Responsibility in the Workplace and the World Essay Abstract This paper will examine the ethics of a pharmaceutical company by the name of PharmaCARE. Stakeholders will be discussed, and the treatment of rank and file workers versus executives will be analyzed. Also the proposed firing of three of PharmaCare’s workers will be debated. Additionally obligations, protection, and whistleblowing opportunities will be examined on behalf of Allen a manager for the company. PharmaCARE’s environmental initiatives will be assessed and compared to their efforts to stop environmental laws and regulations. The Environmental Response, Compensation, and Liability Act ( CERCLA) will be reviewed, and all provisions which apply to the PharmaCARE scenario will be discussed. PharmaCARE is one of the world’s most successful pharmaceutical companies. It has a reputation for producing high quality products that saved millions of lives, and enhance the quality of millions of others. The company sponsors a program that offers free and discounted medication to low income customers. PharmaCARE has many stakeholders. Stakeholders being any one or group owning a significant percentage of a company shares, or a person or group not owning shares in an enterprise but affected by or having interest in its operation.(W.Dictionary) Having established the definition of a stakeholder, one can concur that PharmaCARE has plenty. When identifying the company’s stakeholders the first that come to mind are the investors, shareholders and employees, without these people the company would cease to exist. The secondary stakeholders are the customers, suppliers, communities, clinics, hospitals, and doctors’ offices, all of these groups have an interest or wil l be affected by the operations of PharmaCARE. Established in New Jersey, PharmaCARE owns a substantial manufacturing facility in the African nation of Colberia. The natives of the land are extremely poor and maintain the lowest standard of living. PharmaCARE employs the natives, paying them a measly one dollar a day salary to gather plants and carry up to fifty pounds five miles. The company executives that run the facility on the other hand live in a luxury compound provided by the company. PharmaCARE’s practice of paying people to work for a dollar a day is totally utilitarian. They are getting cheap labor and destroying the land of the natives without even trying to provide a structure to help the people out of poverty, or provide equipment or facilities to help them replenish their land. PharmaCARE is morally corrupt, they have no sense of community when it comes to their bottom line. The executive of PharmaCARE are paid sizable salaries and are treated well. They are provided with facilities that contain all the amen ities. The lower ranking employees are treated as expendables. They are expected to work in unsafe conditions without complaint, or risk the chance of being fired. They are in some cases paid a salary so miniscule that it can be interpreted as modern day slavery. On the surface PharmaCARE looks to be an ethically sound company but when closely evaluated it is utilitarianism at its worst. Allen Jones a manager for the company was appointed to lead a new division created by PharmaCARE called CompCARE. The subsidiary was a way for PharmaCARE to avoid FDA scrutiny concerning the reformulation and selling of their top selling diabetes drug. The company quickly established CompCARE and did a low cost renovation to an office located close to headquarter. The new formulation of the drug was successful for treating Alzheimer and the success of CompCARE grew. As production and working hours increased employees began to fall ill. An employee brought to Allen’s attention that there was mold on the air vents, after contacting his supervisor Allen was told to ignore the fact. An EE by the name of Donna who previously had perfect attendance became so ill that she could no longer report to work because of the mold. So she eventually filed for workers compensation. Tom one of Allen’s best supervisor threaten to file a complaint with OSHA about the air quality at the fac ility because it was so bad. Lastly an EE named Ayesha filed an EEOC (Equal Employment Opportunity Commission) complaint  inferring that she had been looked over for a promotion because she was Muslim. Allen discussed the EE issues with his boss and was told to fire them all. Firing the EEs would not be the best decision for Allen, he has to consider the legal ramifications of his actions. Legally, Allen cannot fire Donna for filing for workers compensation, an EE is protected by law from retaliation for filing a claim. Donna had excellent work evaluations prior to her illness, Allen would have to provide sufficient evidence that firing her was not due to the filing of a workers comp claim. Firing Donna would surely bring an employment discrimination lawsuit against PharmaCARE, it would be wise for Allen to convince his boss to take care of the mold problem in the facility it would save the company money in the long run. Terminating Tom would also bring litigations against PharmaCARE, Tom could allege that he was wrongfully discharged, because he complained about his unsafe working conditions and threaten to inform OSHA (Occupational Safety and Health Commission). Under the Wrongful Discharge from Employment Act one cannot be terminated for reporting a violation of public policy or not for good cause once a probationary period is completed. Tom was Allen’s best supervisor, terminating him would be illegal. Allen needs to persuade his boss to remedy the mold problem at the facility, he needs to explain to him that it is in the best interest of the company. Lastly Allen could legally fire Ayesha, not because of her filing a complaint with EEOC (Equal Employment Opportunities Commission) but for not being able to substantiate the claim. Under the Employment-at- Will Act he can terminate her unless some type of contractual terms are stated or implied in the employer’s handbook. Allen’s managerial status puts him in a unique position, he has direct contact with the executives and daily interactions with the lower level EE. Allen is faced with legal and ethical issues, Allen has been told to allow workers to remain in a hazardous work environment. The air quality of the workplace is dangerous to the health of any one working in the environment. As a manager he has an ethical and legal duty to report the conditions of his jobsite to first his superiors, then to OSHA if no measures are taken to correct the problem. Allen’s boss has made it clear that nothing will be done about the air pollution, so reporting this problem to OSHA would  benefit Allen legally. As a manager Allen was made aware of the problem by an employee, if the employee decides to contact OSHA and inform them that they reported this problem to him he may be fired later for not taking steps to remedy the problem. Once you submit a complaint to OSHA your company cannot retaliate against you, this will protect Allen from getting fired and having legal action taken against him. Allen reporting to OSHA is his best option, his job will be protected and he would have done the right thing for the employees. PharmaCARE had recently announced its â€Å"We Care about Your World† initiative. They started recycling, and made packaging changes, these steps made them seem community friendly. Even as they took on these green initiatives, they lobbied to block environmental efforts that would benefit the greater good of the people. Also they entered poor villages and exploited the people and the land to their benefit with no moral gauge. It seems that PharmaCARE is promoting an image of environmental stewardship when they are actually ethically corrupt. They are misleading the community with their behind the scenes practices. If PharmaCARE is going to portray themselves as an environmentally friendly company than they should assume the responsibility of initiating a green program in all aspects of their productions within reason. Communities will support a company that they believe to care about the interest of the greater good and not just profit. PharmaCARE is jeopardizing their image w ith these unethical practices and if made public the company could possibly suffer an economic loss. Comprehensive Environment Response Compensation and Liability Act (CERCLA) also known as Superfund, was enacted by Congress in 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. The law authorized the EPA to identify companies or individuals responsible for hazardous waste contamination and require them to clean it up. If no party could be found responsible for the contamination then money from the superfund would be used for the cleanup. On October 17, 1986 CERCLA was amended to include more detailed provisions to better the process of  enforcing maintaining and cleaning contamination sites. They include increasing State involvement in every phase of the Superfund program, requiring Superfund actions to consider the standards and requirements found in other State and Federal environmental laws and regulations, and stressing the importance of permanent remedies and innovative treatment technologies in cleaning up hazardous waste sites. There are eleven provisions in all, they were added to give the states more authority in the matters of environmental protection, and bring awareness to the actual dangers to human health from hazardous waste. Provisions relating to PharmaCARE are the right to have safe and toxic free working conditions and the power of the state to enforce clean up, also the random site inspections. References Stakeholders. (n.d.) Dictionary.com Unabridged. Retrieved August 11, 2013, from Dictionary.com website OSHA: complying with workplace health and safety laws. (2013). Retrieved from www.nolo.com SARA Overview. (2013). Retrieved from www.epa.gov/superfund/policy Halbert, T., Ingulli, E. (2012). The duty of loyalty. In M. Staudt M. Stranz (Eds.), Laws and ethics in the business environment (7th ed.). Mason, Ohio: Cengage Learning

Impact of Nitrogen on Carbon Stocks

Impact of Nitrogen on Carbon Stocks 2. Literature Review: This chapter will provide an overview of; the scientific basis behind why adding nitrogen will cause an increase in carbon stocks, the impacts of nitrogen deposition on tree carbon stocks documented in the current literature, the impacts of nitrogen deposition on soil carbon stocks documented in the current literature and information more specifically targeted at the UK and the South Downs. 2.1. The global nitrogen cycle The nitrogen cycle is strongly coupled with the carbon cycle, this dependence on one another and key feedbacks is illustrated in figure 2. 1. If the availability of one of these elements changes it will affect the biochemical cycle of the other element and eventually the functioning of the entire ecosystem (Gruber Galloway, 2008). Reactive nitrogen (Nr) is a requirement for the growth of plants and soil microorganisms, the processes of both play key roles in the global carbon cycle. The rise in anthropogenic CO2 has been observed to increase plant photosynthesis and therefore plant growth and carbon storage (Oren et al., 2001). This growth however can be limited by the levels of Nr available in soils (Vitousek and Howarth, 1991), hence in Nr poor ecosystems the potential carbon sink could be limited. In some regions it is conceivable that anthropogenic production of Nr could provide the nutrients necessary to reduce limitations on plant growth (Ciais et al., 1995). Prior to the industrial revolution reactive nitrogen, any form of nitrogen species other than N2, was only made available to the terrestrial ecosystem by natural processes, such as biological nitrogen fixation (BNF) and lightening, since industrialisation a number of sources of Nr have become much more significant (Figure 2.2). BNF allows the terrestrial ecosystem to acquire essential nitrogen compounds a through a series of reactions that convert N2 into ammonia (Ciais et al., 2013). Initially there was an equilibrium between the input of Nr to the ecosystem and its loss through the process of denitrification, however since industrialisation this equilibrium no longer exists. Humans produce a quantity of Nr that is much greater than that produced naturally in ecosystems. This Nr is produced by humans in a number of wa ys: 1) it is produced industrially by the Haber-Bosch process, producing NH3 as a fertiliser for crops, this nitrogen is then spread through run off and emission into the atmosphere; 2) the growth of crops such as legumes that are associated with mycorrhizal fungi and higher levels of BNF (Hayman, 1986); and 3) the combustion of fossil fuels which converts N2 and fossil fuel nitrogen into nitrous oxides (NOx) which are emitted into the atmosphere and then deposited on terrestrial ecosystems and the ocean (Ciais et al., 2013). This undeniable evidence of the anthropogenic perturbation of the nitrogen cycle and the close relationship between the nitrogen cycle and the carbon cycle highlights the need to understand how additions of nitrogen will interact with the carbon cycle, and in what way this will impact carbon sinks and therefore feedback to the climate. The increased supply of Nr can be expected to increase terrestrial CO2 uptake by increasing NPP (net primary productivity) (chapter 2.2.1) or reducing the rate of organic matter breakdown (chapter 2.2.2). It must be noted however that additions of Nr will not exclusively increase CO2 uptake by the terrestrial biosphere: negative direction (in situations where it accelerates organic matter breakdown)-> ) O3 formed in the troposphere as a result of NOx and volatile organic compound emissions reduces plant productivity, and therefore reduces CO2 uptake from the atmosphere. On the global scale the net influence of the direct and indirect contributions of Nr on the radiative balance was estimated to be –0.24 W m–2 (with an uncertainty range of +0.2 to –0.5 W m–2)(Erisman et al., 2011). The balance between the directions will determine the potential. 2.2.1 Forest Carbon Uptake- Trees Various studies have assessed the possible impact of increased nitrogen on tree carbon stock and a variety of methods have been employed. One approach involves assessing the relationship between the spatial trends of carbon uptake, found by study of forest growth or net ecosystem production (NEP), and nitrogen deposition. In their 2007 study Magnani et al. employed a variation of this technique. Carbon stocks and their fluxes were measured in 5 representative chronosequences in Europe. In addition data from the literature, from a further 13 chronosequences and two uneven aged stands were used. Estimates of wet deposition of nitrogen were calculated from various data sets. The relationship between wet nitrogen deposition and NEP was then analysed graphically and statistically. Studies of the influence of nitrogen deposition at stand level have also been carried out, one example of this is a study by Solberg et al. (2009). The impact of nitrogen deposition was evaluated by using deposi tion values from the growth period (1993-2000). These values were then correlated with the values for relative volume which was calculated as actual increment in % of expected increment. In their study Magnani et al. (2007) found a strong relationship between C sequestration and wet N-deposition (Figure 2.3d) with an R2 value of 0.97. Though they found this relationship was largely obscured by age effects when individual stands were considered. Solberg et at. (2009) found that nitrogen deposition had a fertilising effect of slightly higher than 1% increase in volume increment per kg N ha-1 yr-1. The results of these papers can be converted into nitrogen uptake efficiency (NUE) in order to make them comparable, where NUE is the response of carbon sequestration to nitrogen deposition in kg C/kg N (de Vries et al., 2009). Thus it was calculated that Magnani et al. (2007) found an NUEeco value of approximately 475 kg C/ kg N (de Vries et al., 2009). Sutton et al. (2008) found this value to be unlikely and tested the data against more appropriate N-depostion values for the period suggested and produced results calculated by de Vries et al. (2009) to be between 91 and 177 kg/C/N. The NUE value for trees in the study by Solberg et al. (2009) were calculated to be equivalent to 19-38 kg C/ kg N. Another important area of research in this field is the evaluation of C-N stoichiometry of ecosystem compartments because it strongly influences the potential for carbon fixation to respond to nitrogen deposition (de Vries et al., 2009). Nitrogen entering the ecosystem can be traced by applying isotopically labelled nitrogen (15N) to the forest floor and tracking its movement. Melin et al. (1983) applied this techniques in nitrogen-limited Scots pine stand in Sweden, to study the distribution and recovery of the labelled fertiliser. The application rate was 100kg of ammonium nitrate-N/ha. Nadelhoffer et al. (1999) carried out similar 15N tracer experiments in nine temperate forests for three years. Further to this de Vries et al. (2006) used the same methodology as Nadelhoffer et al. (1999) at over 6000 level I plots (From a large-scale forest condition monitoring scheme based on a 16 x 16 km gridnet across Europe). Site specific soil C/N ratios were utilised and the assumption of an increase of upto 0.1 of N retention fractions in stem wood that are influenced by N deposition. Melin et al. (1983) reported a value of between 12 and 28% of nitrogen applied recovered in trees. De Vries et al. (2009) used the C/N ratio of 500 for stem wood estimated by Nadelhoffer et al.(1999) to calculate a NUEtree of 30-70 kg C/kg N. A NUEtree of 25 kg C/kg N was calculated in the same way for the results presented by Nadelhoffer et al. (1999) which showed 5% of nitrogen applied to be recovered in woody biomass. The results of direct fertilisation experiment methodologies are important to consider for this research paper, low doses of N fertiliser are applied to selected sites for a long-term (8-30 years) study. Hyvonen et al. (2008) ran experiments in Sweden and Finland in Picea abies and Pinus sylvestris stands. 15 sites were selected for long-term experimentation that ranged from 14 to 30 years. Low (30-50 kg N ha-1 yr-1) or high (50-200 kg N ha-1) doses of N-fertiliser either alone or in combination with other nutrients were applied to plots no smaller than 30 x 30 m. Diameter at breast height (DBH), number of trees ha-1 and tree height (when available) at each plot on each occasion of measurement were utilised to calculate biomass. The amount of carbon at each site was estimated to be 0.5 of the biomass. Changes in the C-pool was calculated for each site and the effect of N-fertilisation was calculated as the difference between the fertilised plots and the control plots. Pregitzer et al . (2007) applied 30 kg N ha-1 yr-1 from 1994 to 2004 to four different hardwood forests in Michigan. Tree growth was measured yearly and compared with control sites. Hogberg et al. (2006) ran a 30 year experiment in unpolluted boreal forest. N fertiliser (ammonium nitrate) was applied to replicated (N=3) 0.09 ha plots. 3 doses were prescribed, 34, 68 and 108 kg N ha-1 yr-1. The highest level of application was cancelled after 20 years to allow recovery to be assessed in the subsequent decade. Hyvonen et al. (2008) presented their results as kg C/kg N and so no further calculations were necessary. They found that for the low dose application of N NUEtree was 25 kg C/kg N whereas for high dose it was 11 kg C/kg N. NPK addition produced values of 38 and 11 kg C/kg N for low and high doses respectively. Pregitzer at al. (2007) found an increase of 5000 kg C ha-1 in woody biomass, with a total application of N of 300 kg N ha-1 for the whole study period this equates to 17 kg C/kg N (de Vries et al, 2009). Hogberg et al. (2006) found an initial increase in tree growth at all doses of nitrogen treatment. However in the long-term the impact of fertilisation was found to be highly rate dependant. The high dose showed no gain, medium dose gave an increase of 50 m3 ha-1 and low dose a growth increase of 100 m3 ha-1 as compared to the control. In order to calculate NUEtree de Vries (2009) assumed a wood density of 500 kg m-3 and C content at 50% to calculate a net C gain of 25, 000 k g C the total N input was also calculated and net C gain was divided by this value to give 25 kg C/kg N for the lowest levels of N application. Model simulations have been used extensively in the literature. Levy et al. (2004) used three models (CENTURY, BCG and Hybrid) that employ a Monte Carlo approach, utilising conceptual algorithms that depend on repeated random sampling to obtain numerical results. The models were applied to a coniferous forest in Sweden for a 100 year period. Simulated nitrogen deposition levels were from data by Schulze (2000) the current ambient nitrogen deposition of 12 kg N ha-1 year-1 or 10 Ãâ€" current ambient nitrogen deposition, 120 kg N ha-1 year-1. Sutton et al. (2008) used the same inputs as Levy et al. (2004) but calculated a smaller value of total N-deposition (6-26 kg N ha-1 yr-1). Milne and Van Oijen (2005) used a complex forest growth model (EFM) directly parameterised to 22 specific sites selected across Europe, because growing conditions such as soil nitrogen levels were available for the sites. Model simulations were run for an 80 year period, control runs maintained N-deposition v alues at their 1920 levels whereas environmental change scenarios ran observed values of change averaging 10.5  ± 5.2 kg N ha-1 yr-1 for the whole period.

Christopher Columbus :: Christopher Columbus Essays

  Ã‚  Ã‚  Ã‚  Ã‚  Christopher Columbus was an Italian navigator who sailed west across the Atlantic Ocean in search for the all-water route to Asia, but instead achieved fame for making landfall in the Caribbean Sea. Columbus' plan was based in part on two major miscalculations. First, he underestimated the circumference of the world by about 25 per cent. Columbus also mistakenly believed that most of the world consisted of land rather than water. This mistake led him to conclude that Asia extended much farther east than it actually did. In 1492, Columbus embarked on his first voyage. Queen Isabella of Spain ordered that the port of Palos supply him with three ships the Pinta, the Nina, and the Santa Maria. A total of about 90 crew members sailed aboard the three ships. In addition to the officers and sailors, the expedition included a translator, three physicians, a servant for each captain, a secretary, and an accountant. On October 12, 1492, at 2:00 in the morning he spouted a small island, which he called San Salvador. In January, the Santa Maria was wrecked off the coast of Espanola. The Nina, with Columbus in command, along with the Pinta began the homeward voyage in January 1493. The storms drove the ships first to the Azores and then to Lisbon, Columbus arrived in Palos, Spain, in March. He was enthusiastically received by the Spanish Monarchs. Columbus planned immediately for a second expedition, with about 1500 men, which left Spain in September 1493. They landed on the island of Dominica, Gaudeloupe. His stop at Puerto Rico is the closest he came to setting foot on land that would later form part of the United States, the main foundation for the claim that Columbus â€Å"discovered America.†   Ã‚  Ã‚  Ã‚  Ã‚  When Columbus returned to Queen Isabella on September 29, he found that serious conflicts had developed among the colonists, a number of whom were already on the route to Spain to press their grievances. One of the major problems confronting Columbus was the hostility of the natives, whose initial friendliness had been alienated by the cruelty of the Europeans. Columbus defeated the natives in battle in March 1495 and shipped a large number of them to Spain to sell as slaves. Queen Isabella objected, however, and the survivors were returned. A royal investigating commission arrived at Isabella in October 1495. Because this group was consistently critical of his policies, Columbus established a new capital named Santo Domingo.

A Comparison Between A Coy Mistress and To The Virgins Essay examples -

A Comparison Between A Coy Mistress and To The Virgins ====================================================== Both Andrew Marvell and Robert Herrick who are writing in the 17th Century which was in the Romantic period and both poems are about love. This comparison ties both poems closely together as well as their identical themes of time running out. Herrick’s poem â€Å"To the Virgins, to Make Much of Time† is essentially a general argument that everyone who has not yet found love should make the most of the short time they have alive and marry someone as soon as possible. The idea of Marvell’s poem is to get his mistress into bed with him. This means that there will be a contrast at points of the poem where some conclusion is reached. Herrick’s poem is much shorter than Marvell’s and therefore his point is brought across in two metaphors to express it and then a conclusion which drives it home. â€Å"To His Coy Mistress† on the other hand comprises of 3 large verses. The first one is humorous supposedly to break down the barrier between him and the girl who the poem is for, the second is used to shock his reader to convince her that she should come with him and the third verse is an actively persuasive conclusion which tells her that he is the only logical choice for her to take. This means that the short four stanza Herrick poem which is composed entirely of evidence and persuasion to back up his point compares closely to Marvell’s who is also persuading his mistress and leaving her no room to defy his argument. In Herrick’s poem, he uses a metaphor of a flower which may be at full bloom and beautiful today but then tomorrow it will be wilting and dying by which he means that the young virgins may be bea... ...ll wants (i.e. to seduce his mistress). This poem is written in rhyming couplets which for most of the poem gives it a melodic persuasiveness however on line 24, which ends with the word eternity does not rhyme with the line above ending with the word lie. This is designed to interrupt the beat of the poem and to disturb the reader so that this word eternity is emphasised and proves the point that when she dies, it will be for ever. Both Herrick and Marvell are male poets from the same romantic period in the 17th Century and therefore the context and language used in their poems are relatively similar. It is also probably since Herrick was a major influence in the poetic world at the time – that Marvell has read â€Å"To the Virgins† and both authors will therefore have comparative ideas for example the theme of time which features so strongly in both poems.

Trespass

TRESPASS TO THE PERSON Aims of Lectures: * OVERVIEW OF THE TORTS COVERING TRESPASS TO THE PERSON * DEFENCES TO TRESPASS TO THE PERSON * ALTHOUGH NOT A PART OF TRESPASS TO THE PERSON WE WILL ALSO ASSESS THE RULE IN WILKINSON V DOWNTON 1. OVERVIEW The aim/s of these torts: Protection from personal interference / protects your bodily integrity and your liberty. The trespass torts are actionable per se (there is no need to prove damage). A trespass to the person may well also be a CRIME and criminal law cases can be helpful but please note that a CIVIL action is designed to achieve a different objective i. . to vindicate your right / claim damages or to prove a point (Halford v Brookes [1991] 1 WLR 428). For a recent case against the police see: ZH v Commissioner of Police [2012] EWHC 604 involving a 16 year old autistic teenager at a swimming pool: http://www. judiciary. gov. uk/Resources/JCO/Documents/Judgments/zh-v-commissioner-of-police. pdf There are three forms of trespass to the p erson: A. ASSAULT B. BATTERY C. FALSE IMPRISONMENT PLEASE NOTE THE DIFFERENCE BETWEEN TRESPASS AND NEGLIGENCE: Trespass is DIRECT and INTENTIONAL. Negligence is INDIRECT and UNINTENTIONAL. Letang v Cooper [1965] 1 QB 232Wilson v Pringle [1986] 2 ALL ER 440 A. ASSAULT â€Å"An assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person. † Robert Goff LJ in Collins v Wilcock [1984] 1 WLR 1172, at 1177 PLEASE NOTE: DIRECTNESS IS ALSO IMPORTANT In everyday language people use the term assault to also describe battery (see below). We will observe the strict legal distinction. Case Law Examples: Hopper v Reeve (1817) 7 Taunt 69 Purcell v Horn (1838) 8 A and E 602 Osborne v Veitch (1858) 1 F and F 317 Tuberville v Savage (1669) 1 Mod 3 Stephens v Myers (1830) 4 C and P 349Thomas v NUM [1985] 2 All ER 1 Darwish v EgyptAir [2006] EWHC 1399 (QB) DPP v Smith [2006] EWHC 94 (Admin) CAN WORDS OR EVEN SILENCE CONSTITUTE AN ASSAULT? R v Meade (1823) 1 Lew CC 184 R v Wilson [1955] 1 WLR R v Ireland [1997] 3 WLR 534 B. BATTERY â€Å"A battery is the actual infliction of unlawful force on another person. † Robert Goff LJ in Collins v Wilcock [1984] 1 WLR 1172, at 1177 PLEASE NOTE (AGAIN): DIRECTNESS IS IMPORTANT IN BATTERY Case Law Examples: Nash v Sheen [1953] CLY 3726 Dodwell v Burford (1670) 1 Mod 24 Haystead v DPP The Times, 2 June 2000, [2000]3 All ER 890DPP v Smith [2006] EWHC 94 (Admin) What constitutes a battery and must the force used be HOSTILE? Cole v Turner (1704) 6 Mod 149 Collins v Wilcock [1984] 1 WLR 1172 Wilson v Pringle [1987] QB 237 F v West Berkshire HA [1989] 2 All ER 545 Wainwright and other v Home Office [2003] UKHL 53 C. FALSE IMPRISONMENT â€Å"Another form of trespass to the person is false imprisonment, which is the unlawful imposition of constraint upon another's freedom of movement from a particular place. † Robert Goff LJ in Collins v Wilcock [1984] 1 WLR 1172, at 1177 T his tort relates to our freedom to move around unhindered.For an alternative definition see Street on Torts (below): â€Å"The trespass rather inadequately known as false imprisonment may be defined as an act of the defendant which directly and intentionally or negligently causes the confinement of the plaintiff within an area delimited by the defendant. † Please note the Human Rights Interface re’ Article 5 of the ECHR (incorporated into UK law by virtue of the Human Rights Act 1998): Austin v Commissioner of Police for the Metropolis [2009] 1 AC 564 Case law and principles on False Imprisonment – Liability is strict and the false imprisonment can result from a mistake (i. . be negligent): R v Governor of Brockhill Prison, ex p Evans (No. 2) [2001] 2 AC 19, HL – The restraint MUST be TOTAL i. e. COMPLETE Bird v Jones (1845) 7 Q. B. 742. – It is unnecessary to show the claimant knew of the imprisonment. It is a question of fact as to whether there is total restraint imposed: Meering v Grahame-White Aviation Co. Ltd (1920) 122 LT 44 Herring v Boyle (1834) 1 Cr M and R 377. Murray v Ministry of Defence [1988] 2 All ER 251. R v Bournewood [1998] 3 All ER 289 See further Williams (1991) 54 MLR 408,411 2. DEFENCES (a) ConsentSidaway v Bethlem Royal Hospital Governors [1985] 1 All ER 643 Chester v Afshar [2002] 3 All ER 552 Gillick v West Norfolk and Wisbech AHA [1986] AC 112 R (on the application of Sue Axon (Claimant) v Secretary of State for Health (Defendant) [2006] EWHC 372 (Admin). Re R [1991] 4 All ER 177 Re W [1992] 4 All ER 627 Re B [1981] 1 WLR 1421 Re M (Child Refusal of Treatment) [1999] 2 FCR 577 (b) Necessity F v West Berkshire HA [1989] 2 All ER 545 Re A (Children) (Conjoined Twins: Surgical Separation) [2001] Fam. 147. (c) Self defence Revill v Newbury [1996] 1 All ER 291 Cross v Kirby (2000) The Times, 5th April, CA 1) James Ashley (Junior) (2) James Ashley (Senior) v Chief Constable of Sussex [2006] EWCA Civ 1085, [2008] UKHL 25 (d) Contributory negligence Revill v Newbury [1996] 1 All ER 291 (e) Ex turpi causa Revill v Newbury [1996] 1 All ER 291 (g) Statutory authority PACE 1984 as amended 3. The rule in WILKINSON V DOWNTON [1897] 2 QB 57 The principle is quite well established and helps fill a gap where the harm is caused INTENTIONALLY but INDIRECTLY. The Case Facts The defendant told the claimant that her husband had been seriously injured in an accident. This was untrue, but was intended as a ‘joke’. The laimant suffered nervous shock. Wright J. held the defendant liable because he had wilfully done an act calculated to cause physical harm to the claimant, i. e. , to infringe her legal right to personal safety, and had thereby caused physical harm. Since the defendant’s act was obviously intended to produce some effect of the kind that it did cause, an intention to produce the harm was imputed to the defendant, and it was no answer to say more harm was done than anti cipated. The problem with treating this as either an assault or a battery is that the harm is indirect and there is no application, or threat, of force.Janvier v Sweeney [1919] 2 KB 316 Khorasandjian v Bush [1993] 3 WLR 476 Wong v Parkside Health NHS Trust [2001] EWCA Civ 1721 W v Home Office [2001] EWCA Civ 2081 Wainwright and Others v Home Office [2003] UKHL 53 The Wainwright case in the House of Lords is now the leading case on Wilkinson v Downton. The case involved prison strip searching of visitors. Per Lord Hoffmann: â€Å"I am†¦in complete agreement with Buxton LJ at [2002] QB 1334, 1355-1356, paras 67-72, that Wilkinson v Downton has nothing to do with trespass to the person. † 4. REMEDIES FOR TRESPASS TO PERSON Damages Injunction Habeas Corpus (for false imprisonment)