Class discussion you will identify wage and salary components of an Essay

Class conversation you will recognize compensation and pay parts of a compelling exhibition examination program - Essay Example parability Survey and specified that before directing the pay and pay study, â€Å"an examination of the representative remuneration framework ought to be founded on a careful comprehension of pertinent guidelines and investigation of the staff arrangements and systems, procedures and uses supporting an agency’s pay plan† (Center for Community Futures, n.d., p. 1). At that point, the anticipated degree of remuneration ought to be expressly decided and recognized; related to the assets or assets of the association. This would empower the leaders to measure the capacities with regards to making the essential changes in pay scale, contingent upon the consequences of the compensation and pay overview. It was accentuated that pay and pay overviews are instruments which help with keeping up â€Å"internal and outer compensation value for employees† (Chapter 9: Managing Compensation, 2012, p. 34). Accordingly, to lead manager started pay and pay reviews, the accompanying pivotal advances and factors should be thought of: (1) the suitable choice of key employments to be overviewed; (2) an assurance of the important work showcase; (3) choosing associations to contrast current compensation structure and; (4) settling on the data that should be gathered: compensation, benefits, pay strategies, and other relevant information influencing wages and pay rates; (5) adequately ordering and utilizing the data that is gathered; lastly, (6) deciding the pay structure to be paid dependent on the installment objectives that were initially set (Chapter 9: Managing Compensation, 2012, p. 36). For example, there is the National Compensation Survey arranged by the Bureau of Labor Statistics which is a territory based overview and gathers data dependent on geographic area; the quantity of foundations which are illustrative of every area; all occupations inside the recognized foundations that are remembered for the review; lastly, the pay and advantages given in every occupation. As uncovered, the

Management Economics Essay

Presentation. The business cycle or monetary cycle alludes to the high points and low points seen to some degree all the while in many pieces of an economy. The cycle includes moves after some time between times of moderately fast development of yield (recuperation and success), substituting with times of relative stagnation or decrease (constriction or downturn). These changes are regularly estimated utilizing the genuine total national output. To call those alternances â€Å"cycles† is somewhat deceptive, as they don’t will in general rehash at genuinely ordinary time interims. Most onlookers find that their lengths (from top to top, or from trough to trough) fluctuate, with the goal that cycles are not mechanical in their consistency. Since no two cycles are indistinguishable in their subtleties, a few market analysts contest the presence of cycles and utilize the word â€Å"fluctuations†. Others see enough likenesses between cycles that the cycle is a legitimate premise of examining the condition of the economy. A key inquiry is whether there are comparative components that create downturns or potentially blasts that exist in industrialist economies with the goal that the elements that show up as a cycle will be seen over and over. Similarly as there is no consistency in the planning of business cycles, there is no motivation behind why cycles need to happen by any means. The predominant view among financial specialists is that there is a degree of monetary action, frequently alluded to as full business, at which the economy hypothetically could remain for eternity. Full work alludes to a degree of creation at which all the contributions to the creation procedure are being utilized, yet not all that seriously that they wear out, separate, or demand higher wages and more get-aways. In the event that nothing upsets the economy, the full-business level of yield, which normally will in general develop as the populace increments and new advances are found, can be looked after until the end of time. There is no motivation behind why a period of full business needs to offer approach to either an undeniable blast or a downturn. Content. Business Cycle, term utilized in financial matters to assign changes in the economy. Ever since the Industrial Revolution, the degree of business movement in industrialized entrepreneur nations has veered from high to low, taking the economy with it. Qualities of business cycle are: - An exchange cycle is wave like development. - Cyclical vacillations are repetitive in nature. - Expansion and withdrawal in an exchange cycle are aggregate impact. - Trade cycles are altogether plaguing in their effect. - It is portrayed by the nearness of emergency for example descending development is more abrupt and savage than the change from descending to 0upward. - Cycles vary in timing and plentifulness they have a typical example of stages, which are consecutive in nature. Periods Of Business Cycles: The good and bad times in the economy are reflected by the vacillations in total financial exercises, for example, creation, speculation, work, costs, compensation, bank credits and so forth. The different periods of the exchange cycles are: Success: Expansion And Peak. This stage starts with the ascent in the national yield, shopper and capital use, level of business and inventories. Indebted individuals think that its increasingly helpful to take care of their obligations. Bank rate increments so credit offices, inactive assets for interest underway since stock costs increments because of increment in gainfulness and profit. Buying power keeps on streaming all through a wide range of financial exercises. Development proceeds with the multiplier procedure. In prior/later stages extra specialists can be gotten by giving higher compensation than winning in the market. Information costs increments quickly which prompts increment in cost of creation. Therefore cost increments and typical cost for basic items builds which bring down the utilization rate. The interest for new houses, concrete, iron, work will in general stop and same is for furniture, autos and so forth. This makes arriving at the pinnacle. To sum up we can say that: - It is a defining moment in the business cycle †the finish of extension - Economy at or near full business - Capital and Labor Utilization at a high - Prices and cost ascend at a moderate rates - Firms benefit at high - Interest rates rise - Consumers and firms desires great Defining moment And Recession. In the wake of arriving at the pinnacle, request begins declining. Maker uninformed of this reality keeps on expanding creation and speculation. In any case, after at some point they understand that their inventories are pilling up and they have enjoyed over-venture. Thus further venture plans will be provided up-request for new hardware, crude materials. Interest for work stops. Impermanent and easygoing specialists are expelled. Makers of capital products and crude materials drop their request. This is the defining moment and start of downturn. Further the salary of pay and premium workers additionally diminishes. This causes request downturn. Maker let down the costs to dispose of inventoriesâ but customer anticipates further reductions in cost and thus defers their buy. Speculations begins declining prompting decline in salary and utilization, bank credit psychologist and costs decline. At this stage the procedure of downturn is finished and the economy enters the period of sadness. To sum up this: - Consumer spending falls - Investment spending falls - Inventories gather - Firms profit’s decay - Business Failure increment Sorrow And Trough. This is the period of relativity low financial movement. It demonstrates fall underway, expanded joblessness and a quick fall in the general value file. Laborers lose their employment, account holders think that its hard to take care of their obligations, and interest in stock turns out to be less productive. At the profundity of misery, every single financial action contact the base and period of trough is reached. More vulnerable firms are dispensed with from the business. Now, the procedure of sadness is finished. Because of joblessness, work begins working at lower compensation. Purchaser anticipates no further decrease in cost and begin spending. Consequently request gets. Stock costs fall during downturn; the costs of crude material fall quicker than the costs of the completed items. Thusly gainfulness will in general increment after the trough. Producers’ begin supplanting worth-out capital, speculation gets and business bit by bit increments. Following this interest expands, bank credit turns out to be effectively accessible at a lower rate. Because of increment in pay and utilization, the multiplier impact builds the financial exercises. The period of misery reaches a conclusion over timeâ depending on the speed of recuperation. To sum up this: - The defining moment in the cycle †the finish of withdrawal - Characterized by high joblessness and low buyer request comparative with industry limit - Greatest time of abundance limit over the cycle - Business benefits are low or negative - Some costs are falling other unaltered - Consumers and firms assumptions regarding future are grim Recuperation. It begins when costs further quit falling. Makers see no hazard in attempted creation. Firms utilize inert ability to build creation. This produces work and pay, which makes extra interest for shopper merchandise and enterprises. Agent when acknowledge increment in productivity. Henceforth they accelerate creation apparatus. Representative beginnings expanding their inventories, shopper begin purchasing increasingly more of strong merchandise and assortment things. With this procedure getting up to speed, the economy enters the period of extension and thriving. The cycle is in this manner complete. To sum up this: - Employment, creation, costs and wages start to ascend at generally a similar time - Expectations of buyers and firms idealistic or good - Investment spending increments - Consumer request rises Reasons for Cycles. Financial analysts didn't attempt to decide the reasons for business cycles until the expanding seriousness of financial downturns turned into a significant worry in the late nineteenth and mid twentieth hundreds of years. Two outer elements that have been recommended as potential causes are sunspots and mental patterns. The sunspot hypothesis of the British financial specialist William Jevons was once generally acknowledged. As per Jevons, sunspots influence meteorological conditions. That is, during times of sunspots, climate conditions are frequently progressively serious. Jevons felt that sunspots influenced the amount and nature of reaped crops; in this way, they influenced the economy. A mental hypothesis of business cycles, planned by the British financial analyst Arthur Pigou, states that the positive thinking or negativity of business pioneers may impact a monetary pattern. A few legislators have plainly bought in to this hypothesis. During the early long stretches of the Great Depression, for example, President Herbert Hoover attempted to show up freely idealistic about the intrinsic life of the American economy, in this way wanting to invigorate an upsurge. A few financial speculations of the reasons for business cycles have been created. As per the under utilization hypothesis, recognized especially with the British financial specialist John Hobson, imbalance of pay causes monetary decreases. The market gets glutted with merchandise in light of the fact that the poor can't stand to purchase, and the rich can't expend everything they can bear. Thus, the rich amass investment funds that are not reinvested underway, in view of inadequate interest for products. This reserve funds gathering disturbs financial balance and starts a pattern of creation reductions. The Austrian-American financial analyst Joseph Schumpeter, a defender of the advancement hypothesis, related rises of the business cycle to new creations, which invigorate interest in capital-products enterprises. Since new innovations are grown unevenly, business conditions should then again beâ expansive and latent. The Austrian-conceived market analysts Friedrich von Hayek and Ludwig von Mises bought in to the overinvestment hypothesis. They proposed that insecurity is the intelligent result of extending creation to the

Essay Topics For All Seasons

Essay Topics For All SeasonsAn essay topic for all seasons is composed of facts, experiences, and opinion. It is the key ingredient in writing a successful essay. These factors are imperative when analyzing the topic of an essay.You have to consider the age, sex, and characteristics of various types of people and include them in your essays. Keep in mind that there are different kinds of individuals: young, old, inexperienced, strong, intelligent, shy, vain, and even a flamboyant personality. You have to evaluate these traits in each individual so you can write about them.Write different types of essays, and then combine the same topic with essay topics from different types of people. Compose a response to a different type of essays. This way, you will learn how to compose essay topics that will stand out among other. Use different words that best describe each individual's traits. When writing about an old married couple, use words such as 'sacrifices', 'every bit', 'at times', 'alw ays', 'frequently', 'often', 'out of place', 'old habits', 'old feuds', 'poorly understood', 'persistent', 'problems with the children', 'their duties', 'quality of life', 'way of living', 'social standing', 'rewards', 'backwards', 'bitter', 'shared food', 'support', 'supporters', 'being misunderstood', 'doubts', 'misunderstandings', 'challenges', 'at times making up', 'compromise', 'touching', 'trusting', 'philosophical disagreements', 'humor', 'difficulties', 'hatred', 'you may encounter', 'disasters', 'innovations', 'existing problems', 'lack of education', 'selfishness', 'individualistic behavior', 'fears', 'obsession', 'indecision', 'something special', 'outsiders view', 'saved', 'terrible disappointments', 'discourage', 'personalities', 'useful'wonderful'.You must make sure that you choose topics that encompass and highlight the unique points and characteristics of each person. This will help you make a quality written essay. If you are really interested in this idea, then why not explore the idea?A lot of essays get their topics wrong because they do not take into consideration the characters involved. Therefore, it is very important to know the fact about what each character is like before you make a choice on what topic to write about. Write about things that are unusual and different about each person and reflect on why each one has become popular. Remember that it is only natural for you to write about the unique traits of the opposite sex.Remember that writing about something that interests you is always an interesting topic. It will be very beneficial for you to write a response to essays that include the same topic. You can also ask your instructor or classmates to read an essay that you have written on the same topic. You will find it interesting to read others' reaction to your essay.This is a common topic among students because they do not like a topic that is 'too hot' for them. The same happens to young and old people. Each person does not l ike to be overwhelmed by a topic. Thus, if you are writing about a controversial topic, you can add that information to your body of work.Writing about essay topics is easy. You just have to consider several things. Of course, it is wise to determine the mood of the essay before you write it. In addition, you should also consider a variety of topics to write about.

Ethical Dilemma Of Assisted Suicide - Free Essay Example

Sample details Pages: 4 Words: 1099 Downloads: 7 Date added: 2019/04/29 Category Society Essay Level High school Tags: Assisted Suicide Essay Ethical Dilemma Essay Did you like this example? The topic of Assisted suicide has many different types of viewpoints and ethical questions. Some agree with the decision of ending ones life under certain circumstances with the help of a physician and others disagree and would say its an unethical act. There are two different kinds of definitions when describing assisted suicide. Don’t waste time! Our writers will create an original "Ethical Dilemma Of Assisted Suicide" essay for you Create order Euthanasia is when the administration of the lethal medication is done by someone other than the patients, usually the physician, and results in ending their life (Harris, Richard, Khanna, 2006). Physician assisted suicide is giving the patient the knowledge and option to take their own life and the final act is performed by the patient (Harris, Richard, Khanna, 2006). The ethical dilemma is between those that believe assisted suicide is ethical or unethical. Those that believe its unethical stand behind the belief and argue that its better to use and develop terminal care and palliative care for the patient resulting in there no longer having a need for assisted suicide (Harris, Richard, Khanna, 2006). If a patient is getting the proper treatment and medication t Other concerns that have been argued is that if assisted suicide where to be legislated it would lead to a slippery slope and has the ability to evolve from assisted suicide being voluntary and the patients decision leading to euthanasia and having it be done against the patients wishes. Its important to protect elderly, mentally incompetent and disabled individuals from having the stigma that their way of life is a burden and their suffering is not worth living (Harris, Richard, Khanna, 2006). The argument in favor of assisted suicide includes the beliefs that even with the use of palliative care, it fully does not relief the patient from suffering and destress the them (Harris, Richard, Khanna, 2006). Terminally ill patients request for the assisted death and its their right to decide what happens and the timing of their death. Terminally ill patients usually have no other options for treatment and end up dying a slow and painful death. The act of suicide is not illegal and if doctors have the means to end life in a quick and painless manner then its an individuals decision to make that decision for themselves. Possible answers to this ethical dilemma is having safeguards in place to protect individuals who might not have the capacity to fully understand their decision making. This can be done by having two doctors check off on the patients decision to go through with the assisted suicide and make sure their mental health and comprehensive capacity is well. The doctors must agree that the patient qualifies and has a terminal illness that is leaving them to live their life suffering and they agrees with the decision to carry out the suicide. The patient must have a written consent request for the lethal medication. The patient has a fourteen-day period before going forward with the administration giving them time to decide if that is what they truly want for themselves. Those that oppose assisted suicide believe the answer to the dilemma is to increase development of palliative care. Palliative care is the approach of help improving the patients life by the relief of suffering and pain when they have a life-threatening illness. The use of this kind of approach gives the patient the ability to die with dignity. Ethical principles that are included in the for assisted suicide and against argument includes Autonomy, beneficence, non- maleficence and justice. Those in favor believe that autonomy gives patients the right to decide for themselves what they want to do with their life and when they can die. The patient should be able to die in dignity on their own terms instead of having to suffer. If doctor has the ability to save lifes then what stops them from taking it away when it is wanted by the patient. Beneficence which is defined as doing good, can be argued by saying the patient is suffering and it would be doing good to ultimately reliving the patient from that pain and destressing them. Non-maleficence which means to do no harm can be argued to say if the doctor chooses not to address the patients request to relieve the pain and hardships then this can be detrimental to the patients and the medical providers relationship. Justice which can be defined as societal implication, c an be argued that regulatory safeguards ensure the protection for individuals that have disabilities and mental incompetents that could be harmed by the action of assisted suicide. The argument against assisted suicide believes the ethical principle autonomy is over ridden by the sanctity of life (Harris, Richard, Khanna, 2006). If people with terminal illness are able to request assisted suicide, then people are non-terminals can also argue that they autonomously request the lethal medication as well. There should be balance between appreciation for life and human dignity. Beneficence is argued that assisted death is not doing good because the medical provider is abandoning the patient. Non-maleficence is augured that assisted suicide is harmful to the patient and doctor relationship as well has is harmful to the integrity of the medical profession within society (Harris, Richard, Khanna, 2006). The last ethical principle Justice can be argued that vulnerable groups in society for example the mental incompetent and disabled may begin to start requesting assisted suicide. In this dilemma both viewpoints make an excellent argument and have key points that are compelling. The act of Euthanasia is completely unethical because the patient is not the one deciding it and completing the final action. For me this isnt an easy yes or no question when talking about physician-assisted suicide, I can see the argument on both sides. That being side in my opinion I would side more with the argument that assisted suicide is not ethical. Yes, I think the patient does have a right to decide what they can do with their life. Healthcare is defined as the maintenance and improvement of physical and mental health. Health care providers are there to help improve the patients life not end it, now if the patients wants to end their life then yes I agree that is there decision to do so, no one should have a say in what they decide to do, but in my opinion a doctor should not be involved in that decision and give them the means to carry it out for doctors are there to improve their health can do good for the patients. I also understand the argument that if terminal patients can argue autonomy then what stops patients that are non-terminal from arguing the same thing.

The Theory Of Classical Conditioning - 1163 Words

Classical conditioning is based on an association between two stimuli and implies that we as organisms are rather passive in the learning process. Operant conditioning is based on a response and stimuli (i.e., consequences) that follow that response. Operant implies that organisms operate on the environment to produce consequences we anticipate based on previous active learning. Classical conditioning, the association between two stimuli is easily demonstrated in the media. For example, advertising professionals know that they have to pair their products with something that will trigger something in the audience. By pairing their products with something that makes people either happy, excited, or even hungry. They know that people will want to purchase their products. Coca Cola has been pairing their products with Christmas for years. Christmas naturally makes most people happy and excited for the holiday season. During the Coca Cola Christmas commercial for 2010, it starts with Santa running through a parking lot. As it continues hundreds of red semi-trucks covered in white lights appear. Through the trees you catch a glimpse of the Coca Cola label and Santa sitting in a chair drinking a coke. While Christmas music plays children run to line the road to watch the trucks pass. As the commercial continues the music gets louder and more lights start to light up with trees. The commercial then flashes to a father reading a Christmas story to his son while sharingShow MoreRelatedThe Theory Of Classical Conditioning929 Words   |  4 PagesDiscussion 5 1. Define: Classical Conditioning is learning theory based on the assumption that the learning process occurs due to associations between an environmental stimulus and a natural occurring stimulus, as indicated in our textbook. This learning theory was developed by John Watson. He proposed that this theory is able to explain human behavior. 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Use Of Professional Literacy Terminology Throughout Your...

Lesson Reflection Directions: Research notes proximate reflection is a critical part of learning (Kolb, 1984; Schà ¶n, 1991). Fill in your responses in each box. Use professional literacy terminology throughout your reflection per the rubric. What did you learn about learners and teaching/learning? I learned more about the level of learners that I have in my class. My mentor teacher told me some names of high and low level learners, but observing them being taught and teaching them are two very different realities. I also learned that even my high level learners were struggling second grade counting skills (ex: ten more, ten less). This lesson also re-emphasized the importance of modeling learning for students (I do, we do, they do).†¦show more content†¦Gabby seems to be distracted during the entirety of the lesson. I think she is confused by a lot of the information being presented. I realized that once Ms. McDavid came and sat next to her during the lesson, she became more engaged during the whole group instruction. For my next lesson, I may try sitting her by an adult in the room and have them proving some scaffold for her during the whole group instruction. Jose is one of my ESL students. He really struggles with counting and reading. I found that he did better working in the small group, than independently at his desk. He was more successful and completing the math problems correctly once the questions were read aloud for him. For my next lesson, I will continue to pull him for small group instruction so I can focus on determining his math skills. How can you be better prepared (what support/skills do you need for next week)? To better prepare for my next lesson, I think having access to the grade level plans would help. Having access to exactly what I need to follow out of the Eureka books and what I need to add/take away would make my feel more secure, knowing I have all the elements that the students need to be taught. For my next lesson, I would also like to spend more time practicing aloud prior to teaching. I feel like I need to work on how I prep for lesson, so that I can make sure I am fully prepared. 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It may also be a required part of proposals. The main purpose of a review of related literature is to analyze scientific works by other researchers that you used for investigationRead MoreInternational Marketing Research10714 Words   |  43 Pagesfridge doors large enough to accommodate the large size bottle (Payne, website). 3 Promotion: When Pepsico advertised Pepsi in Taiwan with the ad â€Å"Come Alive With Pepsi† they had no idea that it would be translated into Chinese as â€Å"Pepsi brings your ancestors back from the dead.† b. Racial Differences: This would refer to the differences in physical features of people in different countries. For example, the types of hair care and cosmetic products needed in U.S would differ from those needed

Commercial Law Defenses to Negligence

Question: Discuss about the Commercial Law Defenses to Negligence. Answer: Introduction A tort is a civil wrong done, where the act undertaken by an individual turn into a harm or loss for the other party (Emanuel and Emanuel, 2008). In Australia, negligence is considered as a tort. Negligence occurs when there is a failure on the part of an individual, to fulfill the duty of care which they owed to another individual, which translates into harm, injury or loss to such other party. By fixing a liability on the party which failed to fulfill its duty, the damages can be recovered by the party harmed (Latimer, 2012). The following parts cover the analysis of the case of Anna and Trevor to highlight the applicability of different aspects of negligence in their case. Negligence When an individual undertakes any act, they owe a duty of care towards the other person, who may be harmed due to the actions taken by such individual. In case such a duty remains unfulfilled or is breached, a case of negligence can arise (Trindade, Cane and Lunney, 2007). This principle was established so as to fix a duty of undertaken reasonable care while carrying out any activity by the individuals, and to safeguard the other from any harm, which is easily foreseeable (Lambiris and Griffin, 2016). Upon a case of negligence been established, the party harmed can claim damages, as a compensation for the injury. To establish that negligence actually took place, the elements like duty of care, breach of duty, and damages have to be established (Abbott, Pendlebury and Wardman, 2007). Duty of Care The first and foremost thing, to be established in the case of negligence is the duty of care, as this is the key thing upon which the entire case of negligence is based. A legal obligation is placed through the duty of care, upon the individual carrying on the particular task, which could result in an injury or loss. A case, which is quoted time and again in cases of negligence, is the case of Donoghue v Stevenson [1932] UKHL 100, also known as the Snail in the bottle case. In this case, Donoghue had consumed ginger beer from a bottle while sitting in a caf in Paisley, Renfrewshire. A dead snail was found in the bottle which made Donoghue sick and she sued Stevenson, the manufacturer of the ginger beer bottle for negligence. The court established that Stevenson owed a duty of care to its customers and the deal snail was a breach of this duty. Hence, Donoghue was successful in recovering damages for Stevensons negligence (British and Irish Legal Information Institute, 2017). In the given scenario, being the operator of the tour, Trevor had a responsibility and obligation of ensuring that his clients were safe. So, a duty of care was owed by Trevor to the members taking his tour. Applying Donoghue v Stevenson, in the manner as Stevenson owed a duty of care towards its customers, being the tour operator Trevor owed a duty of care to the people taking the tour. Breach After establishing that the duty of care was indeed owed by the individual, to show that negligence took place, it has to be proved that this duty of care was breached (Turner, 2013). When the actions of the individual are such that the duty which was owed is not fulfilled and more so, breached, negligence can be established. When the individual fails to consider the possibility of a harm, damage or loss, which a prudent individual, in similar circumstances would undertake, it also contributes towards the breach of duty (Gibson and Fraser, 2014). In the established case of Vaughan v Menlove (1837) 132 ER 490 (CP), due to the poor ventilation, the haystack of the defendant caught fire. Before this incident, the defendant had been warned on several instances that due to the poor ventilation, a fire could set off. The defendant argued that the risk of fire was not foreseeable when the fire really took place, and even went on to state that his best judgment had been used in this case. The best judgment of the defendant was held insufficient by the judge. This was because the judge believed that a prudent individual would have paid heed to the numerous warnings and the best judgment would have been of such a prudent individual. So, the defendant was held to have breached the duty of care in the quoted case (Commonwealth Legal Information Institute, 2017). In given scenario, it has been already established that Trevor owed a duty of care to all the individuals who participated in his tour. And so, he had to make certain that none of the parties were harmed or injured. He left the tour members unsupervised for a long time period when he went on to search a new location. This led to the delay in the schedule of the entire tour and hence, the return time was pushed to the night. Due to the darkness that had fallen with night, Anna failed in making out the root of the tree and stumbled upon it, which resulted in her injury. Trevor had failed in fulfilling the duty of care towards its tour members. This establishes that there has been a breach of duty of care. Also, applying Vaughan v Menlove, any prudent person would have ensured that the schedule of tour was kept up. In case there was a delay in the timings of the tour, then proper care should have been taken to safeguard the individuals from such incidents. This risk was clearly foreseeable, and as a tour operator, Trevor should have been aware about it. This further affirms a breach of duty of care by Trevor. Damage Unless and until, the breach of duty of care does not result in an injury, harm or loss to some other person, a case of negligence cannot be established. So, when there is a case of breach of duty of care, the result of such a breach has to be a loss, injury or harm for the party to the individual to whom this duty of care was owed (Statsky, 2011). This injury has to be substantial and a negligible injury would not establish negligence. For claiming damages under negligence, the injury has to be substantial enough that damages can be claimed upon it and a negligible or a remote injury would not attract any amount of damages (Harvey and Marston, 2009). This can also assist in claiming damages which are in nature of non-pecuniary, and an example of such non-pecuniary damages is the damages awarded for emotional or mental distress (Holmes, 2017). There has to be a direct causation between the injury and the actions undertaken by the individual to establish a case of negligence. In addition to the direct causation, the loss has to be foreseeable. Unless and until, a loss is foreseeable, a party cannot take steps to avoid the injury (Greene, 2013). For instance, an earthquake is not foreseeable and hence, a claim in such case cannot be made. In the Wagon Mount case, otherwise known as the Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd [1961] UKPC 2, the real cause of the fire was held to be remote and so, the damages for the fire were not ordered to be paid by the defendant (H2O, 2016). In given scenario, the injury was foreseeable as any person, whether a professional or novice, could easily trip on a tree branch at night time, due to the acute darkness. Further, Trevor had clear knowledge that the chances of falling at the night time in a trek were significantly higher as compared to day time, and this is the reason why he avoided the tours at night time. In the past, this had already resulted in injury to Trevors clients. This affirmed the foreseeability of the loss. There was also a direct causation between the injury that Anna received and the failure of duty of care by Trevor in keeping his tour members safe at night time. Due to the presence of foreseeability, direct causation, and a significant injury due to the breach of duty of care, a case of negligence can be easily established. Defense A common defense used in the case of negligence is the defense of contributory negligence (Find Law, 2017). When there is a failure on part of the injured party, in taking the due care, which could safeguard them due to an injury resulting from the breach of duty of another person, a case of contributory negligence is established. In case a contributory negligence of the plaintiff is established, then the damages which are to be paid to the plaintiff are reduced according to the contribution of the plaintiff in such an injury (Dongen, 2014). In the case of Davies v Swan Motor Co [1949] 2 KB 291, Davies was standing at the side of the lorry and this was taken as a contributing factor in the injuries which Davies received. Because of this contributory negligence of Davies, the damages awarded by the court, to him, were reduced in the appropriate proportions (Swarb, 2016). In given scenario, Anna drank up wine from the bottle which she had brought with her to the tour. Trevor had never provided any alcohol to Anna; moreover, he only gave the tour members sandwiches, and water. In addition to this, upon being offered wine by Anna, the other tour members had refused it. The consumption of wine made tipsy, which contributed towards the injury she received, as she was not her best while trekking. Trevor had clearly laid down a requirement of wearing sensible clothing, as well as, shoes for the trek, to all the members taking the tour. And yet, Anna changed her shoes for high heels, which increased her chances of falling or tripping while trekking. Trevor was unaware that Anna was intoxicated or that Anna had changed her footwear. So, Anna contributed towards her injury. And as was established in the case of Davies v Swan Motor Co, the acts of Anna contributed towards the injury, in the same manner as it did for Davies by standing at the side of lorry. Not once, but Anna, through her acts, contributed towards her injury twice and that too in a grave manner. Intoxication plus improper gear were two major factors which contributed towards her injury and so she would be liable for contributory negligence. Remedies As highlighted earlier, when a negligence of an individual is established, a claim for damages can be made by the party injured or harmed, and this is in form of monetary compensation (Turner, 2013). And both pecuniary and non pecuniary losses can be claimed for negligence of an individual. A momentous case with regard to damages awarded for mental distress is the case of Baltic Shipping v Dillon High Court of Australia (1993) 176 CLR 344, where even though the plaintiff was not awarded the cost of the cruise, but for the mental distress caused due to the sinking of ship and the loss of belongings of the passenger, the plaintiff was awarded damages (Holmes, 2017). The Civil Liability Act (QLD) dictates that in case of a contributory negligence, the damages awarded in case of negligence to the plaintiff would be reduced by the amount of the contributory negligence of the plaintiff. The reduction percentage of the contributory negligence is decided upon the discretion of the court of law (Hayes Gabriel, 2017). Section 47 of the Civil Liability Act provides that when, at the time of the negligence incident resulting in an injury, the plaintiff is intoxicated, whether under the influence of alcohol or drugs, then the damages awarded to the plaintiff are liable to be reduced by a percentage of 25 and even higher in cases where the court deems fit (Lavercombe, 2012). Due to the injury resulting out of negligence of Trevor, Anna would have to be compensated for both the pecuniary and non pecuniary damages. But as there is no direct causation between the willful closure of the caf by Anna and her injury due to negligence of Trevor, she cannot claim damages in form of lost income of twelve months. However, the amount of damages that would be awarded to Anna would have to be reduced by the percentage of contributory negligence. Due to Anna being intoxicated, this would be a minimum of 25%. In addition to this, the judge may award a higher percentage as Anna violated the guidelines given by Trevor to wear proper gear for trekking by wearing high heels. The final amount of damages awarded to Anna, would hence depend upon the verdict of the court of law. Conclusion The applicability of the rules and case laws, with the given scenario highlights that Trevor owed a duty of care towards the tour members and he failed in fulfilling this duty, which resulted in serious harm to Anna. And so, Trevor is liable for negligence and would have to pay damages to Anna. However, due to the contributory negligence of Anna, the damages awarded to her would be reduced by 25% or more. References Abbott, K., Pendlebury, N., and Wardman, K. (2007) Business law. 8th ed. London: Thompson Learning. British and Irish Legal Information Institute. (2017) Donoghue v Stevenson [1932] UKHL 100 (26 May 1932). [Online] British and Irish Legal Information Institute. Available from: https://www.bailii.org/uk/cases/UKHL/1932/100.html [Accessed on 02/03/17] Commonwealth Legal Information Institute. (2017) Vaughan v Menlove. [Online] Commonwealth Legal Information Institute. Available from: https://www.commonlii.org/uk/cases/EngR/1837/424.pdf [Accessed on 02/03/17] Dongen, E.V. (2014) Contributory Negligence: A Historical and Comparative Study. Boston: Brill Nijhoff. Emanuel, S., and Emanuel, L. (2008) Torts. New York: Aspen Publishers. Find Law. (2017) Defenses to Negligence Claims. [Online] Find Law. Available from: https://injury.findlaw.com/accident-injury-law/defenses-to-negligence-claims.html [Accessed on 02/03/17] Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Greene, B. (2013) Course Notes: Tort Law. Oxon: Routledge. H2O. (2016) Wagon Mound (No. 1) -- "The Oil in the Wharf Case". [Online] H2O. Available from: https://h2o.law.harvard.edu/collages/4919 [Accessed on 02/03/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. Hayes Gabriel. (2017) What is Contributory Negligence?. [Online] Hayes Gabriel. Available from: https://hayesgabriel.com.au/compensation-law/contributory-negligence/ [Accessed on 02/03/17] Holmes, R. (2017) Mental Distress Damages For Breach Of Contract. [Online] Victoria University of Wellington. Available from: https://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/pdf/vol-35-2004/issue-3/holmes.pdf [Accessed on 02/03/17] Kelly, D., Hammer, R., and Hendy, J. (2014) Business Law. 2nd ed. Oxon: Routledge. Lambiris, M., and Griffin, L. (2016) First Principles of Business Law 2016. Sydney: CCH. Latimer, P. (2012) Australian Business Law. 31st ed. Sydney, NSW: CCH Australia Limited. Lavercombe, D. (2012) Intoxication and contributory negligence: common law vs the Civil Liability Act 2003 (QLD). [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=895104f1-fc0c-47bc-b875-79470fa98eb9 [Accessed on 02/03/17] Statsky, W.P. (2011) Essentials of Torts. 3rd ed. New York: Cengage Learning. Swarb. (2016) Davies v Swan Motor Co (Swansea) Ltd: CA 1949. [Online] Swarb. Available from: https://swarb.co.uk/davies-v-swan-motor-co-swansea-ltd-ca-1949/ [Accessed on 02/03/17] Trindade, F., Cane, P. and Lunney, M. (2007) The law of torts in Australia. 4th ed. South Melbourne: Oxford University Press. Turner, C. (2013) Unlocking Torts. 3rd ed. Oxon: Routledge.