Neuropsychological and Neurobiological Ageing

Neuropsychological and Neurobiological Ageing By the year 2075, more than 50% of the European population will be aged 60 or more, and there will be a three-fold increase in individuals aged 80 or more, relative to the present day. It is important that our society prepares for this demographic change and endeavours to enable older adults to optimise their quality of life and autonomy for as long as possible. To the extent that age-related cognitive decline is one of the biggest threats to independent living and well-being for this cohort, the field of cognitive neuroscience is arguably the discipline with the most potential to help in this regard. Non-pathological ageing is accompanied by several cognitive and brain changes that are a product of the natural ageing process, one’s environment, and one’s ability to compensate for them. These changes become evident in multiple cognitive dimensions. On the one hand, older adults have improved regulation of emotion, better vocabulary, better culture-related knowledge, and have better life satisfaction, compared to younger adults. On the other, they have reduced acuity of the senses, they require more time to both process, and respond to, sensory information, and invariably, they undergo declines in a number of other important physical and cognitive capacities. As the deterioration of older adults’ cognitive capacities begins to occur, the ability to monitor and evaluate the success of their cognitive processes is of paramount importance for detecting errors, and calibrating their daily activities to suit their strengths and weaknesses. Yet, the extent to which these metacognitive monitoring processes are affected by the natural ageing process has rarely been considered in the literature. A wealth of evidence from research on clinical populations indicates that metacognitive capacities are highly susceptible to disruption in several diverse neurological conditions, particularly those with damage to right frontal regions. Considering there is m uch evidence to suggest that the frontal lobe is one of the brain regions that undergoes the most extensive age-related changes (Dempster, 1992; Mosocovitch Wincour, 1992; Raz, Gunning, Head et al., 1997; West, 1996), the question follows whether metacognitive capacities are also vulnerable to disruption due to the natural ageing process. The present chapter is organised in six main sections. In the proceeding section, an overview of different perspectives on ageing at the neuropsychological and neurobiological level is provided. The third section introduces the topic of metacognition and draws on the clinical literature surrounding anosognosia to highlight the importance of metacognitive abilities, how they are measured, and what is known about their neuropsychological and neuroanatomical bases. The fourth and fifth sections provide more focussed reviews of the cognitive neuroscience literature on performance monitoring and conscious error awareness, respectively, which in the context of this thesis, are hypothesised to be critical to the accuracy of many metacognitive abilities. The sixth and final section provides an overall summary and an outline of the objectives of this thesis. Age-Related Cognitive and Cerebral Decline A robust, and positive, finding to emerge from cognitive ageing research is that age-related losses are not necessarily seen across all cognitive functions. Patterns of relative preservation versus decline are usually particularly apparent for what are known as crystallized versus fluid intelligence domains (Horn Cattell, 1967). These two clusters of intellectual abilities have also been discussed in terms of the pragmatics and mechanics of cognition (Baltes, Lindenberger, Staudinger, 1998). The former constitutes a culture-related knowledge base that is accumulated through experience, whereas the latter constitutes content-free information processing that relies on fundamental biological processes, and therefore mainly on the integrity of the central nervous system. Both cross-sectional (Lindenberger Baltes, 1995) and longitudinal studies (Schaie 1996; 2005) have indicated that processes in the fluid intelligence domain begin to decline from middle adulthood on, whereas capacitie s in the crystallized domain improve from childhood right through to adulthood and then either remain stable or continue to improve until very late in life. As such many authors have described cognitive ageing as a multi-dimensional and multi-directional process.   Perspectives on cognitive ageing at the behavioural level Many theories have been proposed to explain age-related declines and individual differences in cognitive functioning. Given that it is not within the objectives of this thesis to test any particular theory of cognitive ageing, this section provides a brief overview, as opposed to a comprehensive review, of the main perspectives on cognitive ageing at the behavioural level. This section is then followed by an overview of literature on cognitive ageing at the neurobiological level. The cognitive control hypothesis Common to many of the processes that witness age-related declines is a reliance on cognitive control. Cognitive control is critical to a range of higher order processes that allow for the regulation of sensory information and behaviour in accordance with one’s goals. These processes include monitoring, sequencing, initiation of action, inhibiting pre-potent responses, formulating goals, focusing attention and generating response alternatives (Fuster, 2000; Miller, 2000; Miller Cohen, 2000). These higher order control processes are also frequently referred to as executive functions (Baddeley, 1986; Norman Shallice, 1986; Shallice, 1998), and are predominantly mediated by the frontal lobes. Age-related differences are consistently observed on tasks that place high demands on cognitive control, including working memory (Borella, Ghisletta, de Ribaupierre, 2011; Hasher Zacks, 1988; Salthouse, 1994), attention (McAvinue; McDowd, 1986; Milham, Erickson, Banich et al., 2002; Hawk ins, Kramer, Capaldi, 1992; West, 2004), multi-tasking (Clapp, Rubens, Sabharwal Gazzaley, 2011; Jimura Braver, 2010), as well as episodic and source memory (Craik, Morris, Morris, Loewen, 1990). In contrast, older adults’ performance on measures of non-declarative or implicit memory, which are believed to rely on more automatic and less control demanding processes, has been found to be largely age invariant (Bergerbest, Gabrieli, Whitfield-Gabrieli et al., 2009; Fleischman Gabrieli, 1998; Light Singh, 1987; La Voie Light, 1994). Such observations have prompted many authors to propose that age-related cognitive decline may arise from impaired or inefficient deployment of cognitive control processes due to age-related degeneration of frontal lobe structures (Braver Barch, 2002; Crawford, Bryan, Luscez, Obonsawin, Stewart, 2000; Glisky, 2007; Greenwood, 2000; West, 2000; Rodriguez-Aranda Sundet, 2006). This general idea has been variously termed the â€Å"cognitive c ontrol hypothesis† (West, 1996; 2000; Gallo, Bell, Beier, Schacter, 2006; Koutstaal, 2006) â€Å"frontal lobe hypothesis† (West, 2000), â€Å"frontal ageing hypothesis† (Greenwood, 2000), â€Å"executive decline hypothesis† (Crawford et al., 2000), and â€Å"frontal hypothesis† (Rodrà ­guez-Aranda Sundet, 2006). In support of this idea  executive functions have been found to mediate the relationship between age and general cognitive capacities (Salthouse, Atkinson, Berish, 2003) and have explained age-related differences in learning and memory (Brooks, Kempe, Sionova, 2006; Crawford et al., 2000). Furthermore, when young and older adults’ performance on putative tests of frontal, temporal, and parietal functions were compared, the strongest correlation to emerge was between age and frontal measures, with advancing age being predictive of decreasing performance on frontal lobe measures (Mittenberg, Seidenberg, O’Leary, Digioulo, 1989). The processing-speed hypothesis Salthouse (1996) has argued that age-related deficits in controlled processing are secondary to a generalised reduction in the processing speed of underlying cognitive operations. Behavioural slowing has long been considered a primary concomitant of the ageing process. Christensen Kumar (2003) have suggested that processing speed peaks in the early 20s and then declines by approximately 20% by the age of 40, and by up to 40-60% by the age of 80. Age-related declines in processing speed have been attributed to a general slowing of information processing (Birren Fisher, 1995) or increased neural noise (Welford, 1965) within the central nervous system with advancing age. In support of the processing-speed theory it has been observed that age differences on several capacities in the fluid domain, such as abstract reasoning, working memory, and problem solving were attenuated after statistically controlling for processing speed (Bors Farrin, 1995; Salthouse, 1996; Salthouse Babcock, 1 991; Zimprich Martin, 2002). Speed of processing was also found to be the main predictor of age-related changes in memory and spatial ability (Finkel McGue, 1993). The inhibitory deficit hypothesis Hasher and Zacks (1988) advanced that a selective deficit in inhibitory control processes may constitute a global cognitive ageing phenomenon. More specifically, this theory assumes that in order for goals to be fulfilled effectively, automated responses to non-goal relevant information need to be suppressed. However, age-related reductions in inhibitory control enable non-goal relevant information to vie for attentional resources, which results in greater distractibility, slowed and error-prone behaviour, and greater forgetting rates (Lustig, Hasher Zacks, 2007; Hasher Zacks, 1998). Age-related declines in inhibitory control and increased susceptibility to distractors have been found to explain a considerable proportion of age-related variance in working memory capacity (Hasher, Zacks, May, 1999). In a more recent study, both processing speed and inhibition were identified as independent mediators of age differences in working memory capacity (Borella, Ghisletta, de Ribaupierre, 2011). Dedifferentiation and cognitive permeation Many studies have reported that the statistical correspondence between sensory and sensorimotor abilities such as vision, hearing, balance, and gait, and intellectual abilities in both fluid and the crystallized domain is significantly greater in older adults than in young adults (e.g. Baltes Mayer, 1999). Moreover, it has been found that for older adults sensory functioning is a stronger predictor of capacities in the fluid domain than a comprehensive set of sociobiographic factors (Baltes Lindenberger, 1997). This apparent loss of domain specificity with increasing age has been termed â€Å"dedifferentiation.† A number of authors have proposed that this apparent dedifferentiation of functions may be attributable to sensory and sensorimotor functions placing greater demands on attentional control resources. This has become known as the cognitive permeation hypothesis (e.g. Lindenberger, Marsiske, Baltes, 2000; Schà ¤fer, Huxhold, Lindenberger, 2006). According to this hypothesis, resource overlap and competition amongst domains increases with advancing age, and compensation in the form of resource allocation trade-offs become more frequent (Li Lindernberger, 2002; Schà ¤fer et al., 2006). In accord with this, Li et al. (Li, Lindenberger, Freund Baltes, 2001) have shown that balance during walking was preserved at the expense of performance of a simultaneously executed cognitive task. Such findings suggest that age-related declines in cognitive domains could be attributable to increased allocation of attentional resources to processes that were previously automated. Cognitive Reserve Another important conceptual framework labelled ‘cognitive reserve,’ concerns how older adults may be able to draw on a pool of accumulated resources to maintain cognitive function. The notion of cognitive reserve emerged from recurrent observations that levels of cognitive impairment did not always manifest to the extent that would be expected from a given brain pathology (Stern, 2002). For instance, Katzman et al. (Katzman, Terry, DeTeresa et al., 1998) have reported that older adults can be cognitively intact up until they die, but exhibit advanced AD-related cerebral pathology at post-mortem. Such discrepancies have also been observed in a range of other conditions including stroke (Ojala-Oksala, Jokinen, Kopsi et al., 2012) and traumatic brain injury (TBI; Kesler, Adams, Blasey, Bigler, 2003). This apparent elevation of threshold for cognitive impairment appears to be promoted by factors such as high levels of education, occupational complexity, and participation in cognitively stimulating leisure activities (Mortimer, 1997). It has been proposed that cognitive reserve may mediate individual differences in non-pathological cognitive ageing by fostering more efficient utilisation of brain networks or an enhanced ability to recruit alternate networks (Stern, 2002). Summary The natural ageing process is associated with myriad cognitive changes. Some of the most pronounced and consistently reported are on tasks that challenge cognitive control processes and working memory, or that require long term working memory (Hedden Gabrieli, 2004; Piguet Corkin, 2007). Several hypotheses about cognitive ageing at the behavioural level have been advanced, and each hypothesis described above continues to feature prominently in recent literature. However, it is difficult to arbitrate between these theories in the absence of neural evidence. The next sub-section will outline how the increasing availability of neuroimaging technologies has provided important new insights into the relationship between age-related changes in brain structure and function, and concomitant changes in cognitive abilities. Perspectives on cognitive ageing at the neurobiological level In the same way that ageing does not have an equal impact on all cognitive domains, ageing does not result in a general deterioration of the brain. Rather, the ageing brain is characterised by a ‘patchwork pattern of differential declines and relative preservation,’ not only at the structural level, but also at the functional level (Raz, 2000). Structural changes Grey matter integrity Magnetic resonance imaging (MRI) based studies consistently show a global age-related reduction in grey matter volumes, but considerable regional differences exist in terms of the magnitude and relative rate of change. In a longitudinal study, which spanned five years, Raz et al. (Raz, Lindenberger, Rodrigue et al., 2005) found a significant negative association between age and volume in the lateral prefrontal cortex, the orbitofrontal cortex, the cerebellum, the caudate and the hippocampus. These associations were found to be stronger  after five years for the prefrontal regions, the cerebellum, the caudate and the hippocampus, indicating age-related accelerations in the shrinkage of these regions. Conversely, volumes in areas such as the primary visual cortex, the fusiform cortex and the inferior parietal lobes were not significantly associated with age, and there was no change in these associations over the course of five years. Several other studies using a variety of methods h ave reported similar findings, and in particular, an ever-growing literature documents the most dramatic age-related grey matter

The Changing Mattress Business Essay -- Economy, Economic Downturn

Changes in the global environment, in conjunction with the deepest and most prolonged economic downturn since the Great Depression, have started a sea change in the domestic mattress industry. The end of conspicuous consumption for big-ticket items such as mattresses and foundations, is the result of declining new home sales, tightening of consumer credit, the consumer confidence index still well below pre-recessionary levels (Wang, 2010), and unemployment hovering near 10%. In order to remain viable in rapidly changing global and task environments, mattress manufacturers will need to lower material and manufacturing costs, develop products that differentiate them from their competitors, or develop new channels of distribution for their products. Domestic production of mattresses and foundations in 2010 was slightly below 6 billion dollars and almost 16% less than the peak mattress production of 2007 (International Sleep Products Association, 2010). Many consumers have lost confidence in the economic state of the country and therefore have begun to believe that, as Newt Gingrich said recently, "if you can’t afford to buy a house, don’t buy it" (Gingrich, 2010). The economic downturn has signaled the end of conspicuous consumption, defined as â€Å"the act or practice of spending money on expensive things that are not necessary in order to impress other people† (Merrian-Webster's Leaner's Dictionary, 2010). Identify functional and dysfunctional control systems within your own organization I am currently a Senior Vice-President of Sales for King Koil Licensing (â€Å"King Koil†). The company licenses mattress-manufacturing facilities, called licensees, both domestically and internationally, to produce the brands that King Koil owns. The l... ...ving the wherewithal to maintain our lifestyle will be difficult to achieve if this strategy fails. From a professional standpoint, I have had a certain level of success as a retail executive for the past 37 years, and have built a reputation that I do not want sullied through an association with a company that fails. The mattress industry in America has contracted as consumers have suffered through these difficult economic times and will continue to face more changes in the global environment and changes in the task environment. The enterprises that remain stuck in the middle, stick to the â€Å"old ways†, react to these changes too late will likely go the way of Two Guys, Kobackers, Woolworth’s, Montgomery Ward, Circuit City, Studebaker, and too many other businesses that failed to move their organizations through the economic mine fields that confronted them.

Computer-Based Training :: Technology Essays

Computer-Based Training What is CBT? CBT or Computer Based Training is a difficult term to adequately define because it encompasses various modes of instruction and has evolved from the simplest definition, "The use of computers and multimedia technology for training"(http://www.unn.ac.uk/~buu504/comp_bt.htm). The best definition for CBT is from a 1995 text called Making CBT Happen by Gloria Gery. An interactive learning experience between the learner and computer in which the computer provides the majority of the stimulus, the learner must respond, and the computer analyzes the response and provides feedback to the learner (1995). Although this definition is quite dated, and CBT has evolved considerably since 1995, it adequately describes the key roles the computer and the learner have in the process. CBT (Computer Based Training) can encompass any type of training that involves a learner interacting with a computer. This means that Web Based Training, Interactive Distance Learning, and Intranet can also fall under the CBT definition. For brevity of this paper, we will only look at the CBT modules used on CD-ROM and LAN (Local Area Network). To expound on this definition, one must accurately define Interactive Learning Experience as it relates to training. There are many forms of interactive learning experiences in training. These would include: Interactive practice exercises to incorporate a skill Interactive case studies simulating situations in which the learner applies previously acquired knowledge Interactive role plays in which people can practice new behaviors, approaches, techniques Interactive drills in which learners can prove mastery levels and move along the learning continuum from familiarization to automatic operation and fluency Interactive tests in which the learner can interactively assess their own progress to demonstrate competence or achieve confidence in their own knowledge and skill (Gery, 1995). I would also add that along with the interactive learning experience CBT modules also have administrative qualities. Most CBT programs can register learners based on their status through particular career learning paths, as well as, store the learner's progress of the modules within a database. "There is a record keeping feature that can save time, maintain accurate training records, and diagnose training deficiencies" (Congram, 1995). CBT Advantages and Disadvantages Computer-Based Training modules have many advantages. First, there is the cost issue. For companies who have facilities on a national or even international scale, CBT is the most cost- effective way to train.

Frank Sinatra Essay -- essays research papers

My speech today is on not just a man, but a man who owns tens of millions of recordings, nine Grammy’s and two Academy Awards, some 60 films, worldwide tours, television specials, and hundreds of millions of dollars raised for charities. In sheer productivity, few popular artists could touch the hem of his tuxedo jacket. In pure, smoldering style, he was unexcelled. His rueful, macho star power ensured that the music and lyrics of the swing era would resonate throughout the later years of the 20th Century - despite a near-endless string of horror stories about his vulgarity, hot temper and alleged ties to organized crime. Frank Sinatra was alluring and powerful not despite his contradictions, but because of them. He was bigger than life, but human as the next guy, and keenly aware of his public persona's many sides. And yet he knew, deep down, that the music - The Voice - was clear enough, powerful enough and passionate enough to eclipse the public's darkest doubts about Sinat ra the man. Francis Albert Sinatra was born Dec. 12, 1915, the only child of working-class Italian-American immigrants, in a tenement at 415 Monroe St. in Hoboken, New Jersey. His father, Anthony, was a boxer-turned-fireman; his mother, Natalie "Dolly" Sinatra, was a former barmaid who often sang at family gatherings. Their home and their neighborhood rang with the sounds of the Italian bel canto style of singing, which Sinatra said inspired him to sing. In high school, he saw his hero, crooner Bing Crosby, perform live, an event that inspired him to become a solo vocalist. Between working various jobs at The Jersey Observer, Sinatra sang with a neighborhood vocal group, the Hoboken Four, and appeared in neighborhood theater amateur shows, where first prize was usually $10 or a set of dishes. His first professional gig was at the Rustic Cabin roadhouse in Englewood Cliffs (my Grandmother saw him perform there way back when), where Sinatra sang, told jokes and played the ro le of emcee when he wasn't waiting tables. He also continued his 4-year love affair with hometown sweetheart Nancy Barbato, who would later become his first wife and the mother of his three children – Nancy, Frank Jr., and Tina. Sinatra later hit it big with the Tommy Dorsey Band, performing with Dorsey until he decided to go solo. Wooing crowds of "booby-soxers," Sinatra garnered his nick... ...ollowed by Duets II. He granted his likeliness to ties, credit cards, Lipton Iced Tea, and spaghetti sauce. His marketing antics caused a rift between his wife, Barbara, and his children over who owned the rights to what Sinatra songs. At this time, as his health was fading, a renewed interest be people (like myself) who weren’t even born when he "retired" in the 1970’s, began to crave Sinatra. A flood of biographies, musical appreciation books and Sinatra-themed films and TV shows flooded popular culture, along with reissued Sinatra discs and vintage films of Sinatra and friends in concert. "Frank Sinatra was the 20th Century," said Bono, lead singer of the rock group U2, and a retro-swinger himself. "He was modern, he was complex, he had swing and attitude. He was the big bang of pop...the man invented pop music." "May you live to be a hundred, and the last voice you hear be mine," was the way Sinatra ended m ost of his concerts. Frank Sinatra died April 1998, at Cedars Sinai Hospital in Los Angeles. Even though the master is gone, his spirit will be with us always. Truly, he was a man who did it "his way."

Should the Coast be Managed?

Every year land is both lost and gained in coastal areas due to physical processes, including the action of the sea. Much time and money is spent in an attempt to limit the change, seen as â€Å"damage†, that occurs. More advanced methods of coastal defence are tested and put into place and research is carried out. Yet coastal management remains as a piece-meal approach, with different areas of coast dealt with using widely varying methods, some of which are the cause of this â€Å"damage† further along the coast. â€Å"Coastal defences, by their very nature, disrupt the natural processes operating on the coastline† (www. orth-norfolk. gov. uk) and it is this fundamental fact that should be considered by all those responsible for coastal management. Although this disruption is sometimes intentional, often it is not and thus more coastal defences must be put in place in order to correct the harm done by the original scheme. Conversely, there exists much land that is considered to be valuable in terms of its economic, social and environmental significance. It may seem a waste to simply watch this land being taken by the sea when there are preventative measures that can be employed. This essay will look at why the coast is protected, from what, and will give some examples of how as well as the advantages and disadvantages of coastal management strategies including taking no action against the work of the sea. The uses of the coastal area are numerous and diverse, making it difficult to prioritise on what should and should not warrant protection. Land that is situated close to the sea is often the location of homes with a high economic value in addition to the obvious emotional attachment of the owners. Historically valuable features such as buildings or monuments are important in terms of heritage and in turn tourism. Land that provides an income, i. e. farmland and camping ground is often situated along the coast and due to the natural beauty of coastal areas, attracts tourists as well as being aesthetically appealing for those that live close to it. Another natural feature is, of course, the precious habitats that are contained by the cliffs, and the scientific interest in those habitats. Settlements were originally located close to the sea for the purpose of transport and for many coastal locations, the import and export of both people and goods remains their principal function. Indeed, it is estimated that around 60 percent of the global population live within 50 km of the sea (Briggs, Smithson, Addison and Atkinson 1997). Consequently all of these activities and uses have strong arguments as to why they justify the time, expense and risk of affecting other locations in a detrimental way, that coastal defence schemes entail. The purpose of this essay is not to evaluate which of these is the most deserving but simply to acknowledge that all of these valuable features can be found in coastal locations and are therefore at risk from erosion by the sea. The processes that affect the coastline involve the action of the sea against the vulnerable beach and cliffs. Waves attack the coast in two fundamental ways. Firstly waves are formed and their energy increased by a combination of wind, tide and current. The force of this wave action is often enough to cause fractures in the rock and sometimes failures and de-stabilization through the trapping of air. The structure and geology are obviously major contributing factors when the severity of â€Å"damage† is considered. The second way in which the waves attack the coastline is really a strengthening of the first method and this is by the transport of sediments in the water. A wave that is carrying material that it has eroded or that is originally from the seabed has more power to potentially erode. This shoreline abrasion relies on both wave energy as well as a supply of material with which to attack (Summerfield 1991). Another coastal process is weathering which also occurs inland but is exacerbated at the coast due to the very nature of the area. This includes the wetting and drying cycles and also the existence of salt. Salt weathering has a greater effect on rock that can absorb seawater as this allows the salt to penetrate the rock and so work on its structure as opposed to only the external surfaces. Coastal defences obviously do not directly combat weathering as even if the land behind is protected from the sea, salt is ubiquitous and so will still reach it. So it is this persistent force from which the shoreline is, in some locations, protected. The methods used in this protection vary in construction and purpose but also in their efficiency, with each method exhibiting both positive and negative aspects. The best defence against erosion†¦ by the sea is a natural wide beach topped off at the inshore end with either high deep sand dunes or a shingle bank† (www. north-norfolk. gov. uk). Unfortunately not every coastal location has this advantage either for natural reasons or where the beach material has been removed for human use, for example building. In the case where there is erosion occurring and shoreline assets are threatened, artificial defences are put into place. One example of a coastal engineering method is the sea wall. These were widely used in the early stages of coastline management and some modern designs have since emerged which now play a major role in defence from the sea. The sea wall is intended to reflect the wave away from the land behind as opposed to a natural beach which absorbs and dissipates the wave energy. Another form that is frequently seen is the utilization of groynes. Groynes prevent the loss of beach material by creating an obstacle. They also encourage the build-up of sediment by interrupting and thus slowing the inshore tidal current. Combined, this means that there is a â€Å"natural† defence in the form of a more substantial beach in order to dissipate wave energy, consequently less erosion occurs at that particular site (see figure 1). Revetments are another commonly employed type of defence, constructed mainly from wood or concrete. The idea is that a surface sloping towards the beach dissipates wave energy meaning that less energy is available for erosion and also that sediment builds up in front of the revetment (www. north-norfolk. gov. uk). Type of defence Cost per metre (i) Revetment 500 Seawall 5000 Groyne 1000 There are, of course, many more coastal engineering methods but for the purpose of this essay, only three have been outlined. All methods, however, have their advantages and disadvantages. Management of the coastline in the UK, in terms of erosion, is generally taken as a piece-meal approach. That is to say each area is dealt with almost in isolation, and only relatively recently have the r elevant authorities become aware that the interference in one place is likely to have a considerable effect on another, further along the coast. An example of this is the implementation of groynes. The prevention of material loss and the subsequent build-up of sediment through interruption of the inshore tidal current can, in some cases, starve beaches further along, of the material that is required to maintain size and stability. So although one area is benefiting and a â€Å"problem† being solved, other areas can lose out and thus another problem is created. Conversely if groynes are correctly designed, they can work very well and they essentially do exactly what they are designed to. As many were constructed before it was realised that harm could be caused as well as good, the knock-on effects were not taken into account. Modern groynes are designed to be permeable in order that some sediment may pass through them and reach beaches further along. These have been used successfully on the north Norfolk coast where erosion and its prevention is of great significance. Sea walls work best on large beaches, where the sea only reaches the highest point of the beach during a storm (www. orth-norfolk. gov. uk). Then, should it happen that high tide and a storm coincide, the land behind the sea wall is protected from flooding and erosion. Sea walls require regular maintenance such as in the case of Ostend in north Norfolk, where annual maintenance is required (see figure 2 for approximate cost of initial building of sea defences). In addition to the costliness, there exists the situation of beach scouring caused by the waves reflected from the sea wall. This can, over time, lead to the collapse of the wall but also means that valuable sediment is being taken away from the beach – so reducing what little natural defence there was. A controversial approach to coastal management is that of leaving it to nature. This â€Å"do nothing† strategy has been adopted in numerous locations on the north Norfolk coast, including the area between Cromer and Overstrand where the present groynes are not being maintained and will eventually fail and be removed (see figure 3). A variation of this â€Å"do nothing† policy is the so-called managed retreat. This is where, again, the existing defences are no longer maintained or their maintenance is limited but in some locations a method of soft engineering is employed for example beach replenishment. The issues surrounding these types of â€Å"management† are not as simple as may be first thought. For example the financial benefit arising from either no defence being put in place or no longer maintaining the existing defence seems rather insignificant when the loss of valuable assets is taken into consideration. It is, however, almost completely natural, with material that is eroded form one location being accreted at another. The natural processes are, in this way, allowed to continue and the lack of interference would eventually ensure that there are no negative consequences at other locations as a result of coastal defence action. Despite this, it must be considered that once action is taken to defend the coast from the erosive power of the sea, it creates an issue as to at what point the management should cease and where. To suddenly no longer protect an area of coast may generate new problems and perhaps more expense. So the proposal of an integrated shoreline management strategy seems appealing. This is looked at in much depth by Karen Nichols in her paper â€Å"Coming to terms with Integrated Coastal Management†. Fundamentally, it would involve the linkage of all areas of the coastline in terms of action taken upon them. One possible solution could consist of a review followed by the implementation of a fully integrated coastal defence scheme combined with managed retreat. If this was undertaken on a national scale, with the co-ordination of all resources and authorities, perhaps loss of important assets and further damage in the course of protecting those assets would gradually be reduced to a minimum. It seems to be that the protection of our coastal locations will remain a much-debated issue, with the needs and wants of people contrasting greatly with the power of the sea's natural activities. It is interesting that the focus of coastal management is to reduce coastal erosion yet it is the erosion of coastal land that supplies the beach with much of its material. As discussed earlier, a natural beach is the best form of shoreline defence†¦.. In conclusion it can be said that coastal protection is essential in certain localities but that it is an integrated management plan that will be most likely to succeed.

Against School: A Corrupted System

The educational agreements purpose is to prep ar people with the incumbent skills and fellowship so that they can surmount and give air hal completelyy in straighta modalitys society. John T. Gatto ch entirelyenges that idea and begs the header is 12 compulsory historic period of timeworn schooling consisting of six classes a day, quintuplet days a week, nine months a year needed? Gatto refers to George Washington, Benjamin Franklin, doubting Thomas Jefferson, Abraham Lincoln as they were non officially schooled and yet were very(prenominal) achievementful. fit to Gattos, in that location are leash main purposes to stiff schooling, 1) To score nigh people, 2) To make good citizens, and 3) to make each person his or her best. (Gatto 3) Gatto believes that the current educational system very contradicts these trine ideals. He claims that at that place are six basic yet particular plys that intend to do back and leaping the progress and overall success of a bookman. Of the six functions there are three work on specifically to point of accumulation and halter a pupils progress.The diagnostic and directive functions, the differentiating function, and the preceding(prenominal) function all arrestmingly serve to cripple a students success scarcely when analyzed some do hold some truth hardly in the end they are merely unreasonable and ridiculous accusations made by Gatto. The diagnostic and directive functions are defined as a litmus shield to test where a particular student fits in society based on mannequin percentages. These percentages are logged and stored permanently in our student records which are then passed on the sway secondary schools to place students in their good societal positions (4).During my freshman and sopho more(prenominal) than years in last school I can not help save remember teachers classifying ap students and high faculty member achievers as those who were going to be successful. My math t eacher often referred to more tricky questions as the doctor or lawyer question in an attempt to cuticle the difficultly of the question. What if oneness can not do the question? Does that mean that person should be classified as remedial or can not attain the success of a doctor or lawyer?Of course not, the simple idea of that is altogether illogical. However, once reassessing and making them less extreme, Gattos diagnostic and directive functions can be found anywhere in the academic system whether it be perquisite agnizeledge for grade twelve programmes or university entrance. epoch this function may seem absurd, Gattos differentiating function is one that can be related to actual everyday life. The differentiating function is a more interoperable function.It states that, once a students role has been diagnosed through measureized testing, they are to be sorted by role, and trained besides so far as their coating in the social machine merits. (5) The functions practi cal use is especially seen in house secondary schooling where a more refined and specialized training offsprings place. We see this in any standard founding test for a specific program such as the SAT, LSAT or MCAT. base on a students performance on these forms of testing they are then place in their respective programs allow them to focussing specifically on areas of study that are important to them.At my old high school there was a standard entry test, SSAT, that examined various categories of schooling (math, reading, compose etc) Depending on how you did on the test would check out not only whether or not you are eligible for acceptance but whether or not you qualify to take ap courses, because if u do not posses the proper knowledge taking a more advanced course would be counter-productive and in fact hurt your academic career. formerly one has analyzed the differentiating function there is some truth to it but when one looks at the propaedeutic function, it is complet ely incorrect.The propaedeutic function is completely incorrect and mis direct. According to Gatto, the purpose of the propaedeutic is to create a class of elite caretakers taught to manage this project, how to charm over and fake a nation deliberately dumbed down and declawed (5) Hes saying that those who already control the macrocosm are going to educate children so that when they grow up they can control the population and train more children to do the same. At this point it seems like Gatto is difficult to throw something that is completely and utterly irrational out there trying to cinch people off guard and bank to attract some followers.The simple supposition that people were training young children to know how to manipulate people in such a way that they simply do not challenge authority and do exactly as their told to is ridiculous. At no point in my life start I ever felt that mortal or an organization is trying to limit my personal abilities to comply with this absurd function. Teachers perpetually enthuse student to be all they can and achieve as high as they can, not that its ok if u cant because we already got it figured out. spot other of Gattos functions may commit held some truth this particular function is completely incorrect Gatto believes that those who control the way society runs are trying to create a norm in the educational system. That students are pre-destined in the first place they are given the ample opportunity to excel and achieve. Gatto explains that schools traditionally break three purposes 1) To make good people 2) To make good citizens 3) To make each student find some particular talents to bewilder as best they can.These are all fine standards but because of government schools have become prison like so far in there cell kibosh style construction. Gattos approach is very liberal and has opened my eyes to sure matters especially the way that educational system is ill constructed (with it being bases on grades) and how it is mismanaged leading to sub-par performance and disappointing success rates. It is this poorly constructed system and a corrupted way of running it is what I think Gatto was unfeignedly trying to revile.

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.