Problem Question on Negligence and Duty of Care

Problem Question on Negligence and Duty of Care This question is on negligence and it involves the following: duty of care; delictual liability in contractual relationship; duty owed by sellers and designers of a house to purchaser and defective design where there is no danger to health and safety. Prima facie duty of care in the law of tort arises if there is sufficient proximity between the alleged wrong doer and the wronged party, such that the wrong doer might reasonably expect that carelessness may cause damage to the wronged party. Tort law is part of civil law and deals with disputes between private parties unlike property law or contract law which form part of the criminal law. Tort law is to provide restitution from someone who owes a duty of care to another person and can be legally held liable for that injury. Negligence is the most important tort in modern law and it is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others.[1] Negligence concerns breach of a legal duty, with the result that damage is caused to the claimant. Generally negligence protects against three different types of harm: personal injury; damage to property; and economic loss.[2] Tort law also known as the civil law of obligations establishes the circumstances in which a person whose interests have been harmed by another can be compensated through the civil courts.[3] A tort is simply a wrong and tort law is the law of wrong doing or perhaps of wrongs.[4] Sir Percy Winfield, saw negligence as a unifying thread for tort law, and he defined tort law as, ‘’the breach of an obligation imposed by the law’’.[5] This definition aligns both tort and crime. Sir John Salmond defines tort as a, ‘’body of rules establishing specific injuries, uncoordinated by general principles’’.[6] A more recent definition offered by Peter Birks, suggests that a tort is, ‘’the breach of a legal duty which affects the interests of an individual to a degree which the law regards as sufficient to allow that individual to complain on his or her own account rather than as a representative of society as a whole’â€℠¢.[7] Tort law is a collection of causes of action each made up of three main components namely, an interest protected by law, some conduct which the law sanctions and a remedy or sanction by which the interest is protected by the law.[8] In the famous case of Donoghue v Stevenson, Lord Atkin made a ruling which became the corner stone of modern tort law: ‘’the liability for negligence, whether you style it such or treat it as in other systems as a species of ‘culpa’, is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way, rules of law arise which limit the range of complainants and the extent of their remedy. The rule is that you are to love your neighbour becomes in law: you must not injure your neighbour, and the lawyer’s question: who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions in question’’. [9] Lord Atkin’s neighbour’s test still remains the basis on which civil liability for negligence is measured. This test has undergone some changes but when broken down is found to consist of three elements: duty, breach and damage.[10] The question of liability for negligently constructed buildings has always caused problems. At one time the law was that the tort of negligence did not apply to a builder of defective premises, however, it is clear from case law, that the tort of negligence applies to a builder of defective building, at least where a defect causes physical injury. See Murphy v Brentwood District Council (1991) 1 AC 398. The expression builder is used in the sense of all persons involved in the construction and sale of buildings. This includes developers, builders, sub contractors, architects, surveyors, civil engineers and local authorities.[11] Parliament created a limited form of protection from builders with the Defective Premises Act 1972. Section 1 (1) of the Act relates only to dwelling houses and does not apply to commercial or industrial properties. The Section imposes on builders, sub-contractors, architects and other professional persons a three part duty that the work will be done in a workmanlike manner, proper materials will be used, and the house will be fit for human habitation.[12] Most importantly, the doctrine of privity of contract does not apply and liability is strict in that fault does not have to be proved against the builder and the duty can not be excluded.[13] The main problem with Section 1 (1) of the Act is whether it includes it includes quality defects or is limited to ensuring that the dwelling is fit for human habitation. See Andrews v Schooling (1991) 3 All ER 723 and Bayoumi v Protim Services Limited (1996) EGCS 187. In the 1970’s courts embarked on a massive extension of the builders liability in negligence. The courts created a duty of care imposed on builders and owed to foreseeable victims of their negligence.[14] As the loss to an owner occupier was economic loss, the courts sidestepped the problems this presented by framing the duty in terms of not constructing a building which was a danger to the health and safety of the occupier.[15] However from 1983, the courts started to back slide on the development they had created. The reason for this new development was that the courts frowned at allowing claims for economic loss in negligence action. The courts might also have been influenced by the rising premiums which had to be paid by anyone involved in the construction of buildings. This rise was as a result of successful actions brought under the negligence principle.[16] In the Scottish case of McLeod v Scottish Special Housing Association (1990) SLT 749, the proprietor of a house brought an action for damages against the former owner in respect of deterioration occurring to the steel clad exterior of the house several years after he had purchased the house. The claimant alleged that the deterioration was brought about as a result of design defect on improvement works carried out on the house on behalf of the former owners, before they sold the house. The case of the claimant was based on negligence in respect of the alleged defective design of the improvement works. The claimant further alleged that in the circumstances, it was proper to regard the steel skin and the insulation as separate properties. The defendants argued that the claimants claim was only for economic loss as they did not contend that these conducts had given rise to any health or safety issues to the occupant of the house or any danger to the property other than the house itself. The defendant also argued that there was no contractual term requiring that the property should meet a certain minimum standard of fitness. The Court held inter alia that the builder was liable not only for personal injuries caused by his negligence in the process of building but also for damages actually caused by such negligence to property other than negligently manufactured building, such liability not restricted to circumstances giving rise to a danger to health and safety. The Court further held that there might be circumstances in which for the purpose of the application of the relevant principle of liability, one part of a complex structure might qualify to be treated as other property in relation to another element. However, the Court found in favour of the defendant because the claimant averments of fault and loss were lacking in specification. In D and F Estates Limited v Church Commissioners for England (1988) 2 ALL ER 992, a company of builders under took construction work on a block of flats and then sub contracted the plastering work. Unfortunately, the sub contractor handled the plastering work negligently. Fifteen years later, the plaster became loose and needed replacement. The plaintiffs who were occupying a flat in the block of flats then sued the builders seeking the cost of remedial work that has already been done and the cost of future remedial work. The House of Lords held inter alia that in the absence of a contractual relationship between the parties, the cost of repairing a defect in the structure, which was discovered before the defect had caused personal injury or physical damage to other property, was not recoverable in negligence action. The cost of doing the repairs was economic loss which was not recoverable in a negligence action. The Court further held that if the plaintiff had suffered only economi c damage then such a claim lay only in contract. Damage is only recoverable in tort where a defective product causes damage or injury other than to the defective product. This decision was greeted with much controversy and it led to the introduction of the idea of complex structure. If a building is regarded as a complex structure then, damage to one part of the structure caused by a hidden defect in another part, could be treated as damage to the other property.[17] See Murphy v Brentwood District Council (1990) 2 All ER 908 and Nitrigin Eireann Teoranta v Inco Alloys Ltd (1992) 1 ALL ER 854. In Baxall Securities Limited v Sheard Walshaw Partnership (2002) EWCA Civ 09, the court held that defective gutter was a patent defect and that if the defendant had carried out any reasonable inspection; they would have been able to reveal the problem. This non inspection by Baxall negated the duty of care or at least broke the chain of causation and the architect was found not to be liable. There are all interesting and land mark cases. In McLeod’s case the court established that the builder of a house had a duty of care and therefore was liable for any damage caused by his negligence other than negligently manufactured building. The Court also established that once liability for negligence existed, the liability was not excluded because the person or whose property has been injured purchased the defective article under a contract. In the law of tort, damages are only awarded where a defective product caused damage or injury other than to the defective product itself. This was the basis of the Court’s decision in D and F Estates Limited v Church Commissioners for England. In that case, the plaster was falling off the wall and the plaintiff had only encountered economic loss. However in McLeod v Scottish Special Housing Association, the claimant was claiming that their building was a complex building and that the insulation was not part of the building and that it should be distinguished from other parts of the building. This case is different from other cases in which a structure or part of a structure has been found to be defective without any damage actually occurring to any structure or part of a structure other than the defective part it self. Finally, in my view, I do not see how, the outer skin of a building can be distinguished from other parts of the building such as an insulation system. The claimants made the claim against the defendant as designers of the insulation system, which had been inserted in a pre existing building. The claimants alleged that the insulation had damaged other structures and that it was inappropriate in the circumstances to treat the house as one unit. The insulation was installed before the claimants bought the house and they purchased the house under a contract as one unit. It will be unreal and artificial to subdivide a house in such a way that the outer skin of the building is distinguished from other parts of the building. Usually people enter in to a contract to buy or sell a house as a unit; the fact that he insulation unit or any other unit was put in place later is irrelevant, once it is in place before the contract of sale. More over houses are built piece meal by piece meal over a period of time. Bibliography Cane, P (1996) Tort Law and Economic interests, Second Edition, Oxford University Press, Oxford Cane, P (1997) The Anatomy of Tort law, Hart Publishing, Oxford Cooke, J (2007) Law of Tort, Eighth Edition, Pearson, Harlow Dugdale, A.M, Jones, M.A (2007) Clerk and Lindsell on Torts, Second Supplement to the Nineteenth Edition, Sweet and Maxwell, London Elliott, C and Quinn (2007) Tort Law, Sixth Edition, Pearson, Harlow Furmston, M (1986) The Law of Tort, Duckworth, London Harlow, C (2005) Understanding Tort Law, Third Edition, Sweet and Maxwell, London Hepple, Howarth and Matthews (2000) Tort: Cases and Materials, Butterworths, London Howarth, D (1995) Text Book on Tort, Butterworths, London Jones, M (2005) Text Book on Tort, Eighth Edition, Oxford University Pres, Oxford Kidner, R (2006) Case Book on Torts, Oxford University Press, Oxford Murphy, J (2007) Street on Torts, 12th Edition, Oxford University Press, Oxford 1 Footnotes [1] Quinn and Elliott 2007) p.16 [2] Quinn and Elliott 2007) p.16 [3] Harlow (2005) p.1 [4] Harlow (2005) p.1 [5] Harlow (2005) p.1-2 [6] Salmond and Heuston (1992) p.14 citied in Harlow (2005) p.6 [7] Birks (1995) citied in Murphy (2007) p.1 [8] Cane (1997) p.1 [9] (1932) All ER Rep1 [10] Harlow (2005) p.48 [11] Cooke (2007) p.241 [12] See section 1 (1) Defective Premises Act 1972 [13] Cooke (2007) p.242 [14] Cooke (2007) p.243 [15] Cooke (2007) p.243 [16] Cooke (2007) p.243 [17] Cooke (2007) p.244

Genocide Essays -- essays research papers

Genocide is a reality that no one can ever conquer or vanish if they are working alone or do not look at the consequences upon taking choices of action. We as Americans feel it is our duty to only take a course of action if we know and are fully aware of the actions being made against the people, or if we are being affected directly. If it does not affect us and we do not know about it then obviously we cannot do anything about it.   Ã‚  Ã‚  Ã‚  Ã‚  We feel that if we know what is going on and it is not directly affecting us then we will tell them to stop what they are doing and give them a â€Å"false† threat to hopefully scare them into stopping whatever they are doing. We also feel that if we are not being directly attacked and we know what is going on we will wait for surrounding UN countries to take action before sending our troops into something we are not excited about getting into. If the UN troops fail, we will jump in and try our best to stop whatever is going on. However, if they succeed then we will not intervene with the process of any clean up of the genocide or after activities.   Ã‚  Ã‚  Ã‚  Ã‚  Our first priority on our country today is the citizens living inside of it. We have millions of troops in our army, marines, navy, and air force that would be going over and risking their lives for something we aren’t apart of. If the other countries can handle it then why should we be involved?   Ã‚  Ã‚  Ã‚  Ã‚  We also need to respe...

The Adventures of Huckleberry Finn :: essays research papers

The character I chose to do my essay on from the book, The Adventures of Huckleberry Finn; is Tom. If I had to pick three words of the top of my head that best describes him those words would be: fanciful, trickster, and adventurous.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The reason I chose fanciful is because; Tom reads a lot of fiction books and books about fantasy. Whatever he reads he tries to live out in real life. Since Tom reads fiction and fantasy books he lives by the laws of fantasy not reality. He also told Jim that he had to have a coat of arms before he gets out the shack. Tom said in all books the person escaping always left behind a coat of arms.   Ã‚  Ã‚  Ã‚  Ã‚  The reason that I chose trickster for my second choice is because he showed examples through out the whole book of being a trickster, like when he snuck out the house with Huck and looked into the window and saw Jim sleeping so Tom decided to go in the house and take of his hat and hang it on the tree outside. So Jim thought that witches did it. Also when Jim was locked in the cabin and Tom knew that he was free but he didn’t let Jim know and made Jim think he wasn’t free and somehow they were going to have to break him out.   Ã‚  Ã‚  Ã‚  Ã‚  The last word I chose was adventurous the reason I chose adventurous was because all Tom had to do was steal the key and get Jim out but he said it was to easy and to boring he wanted it to be harder. Also Tom was willing to dig Jim out with spoons even it took weeks and years. The last thing that showed me he loved adventures

Republican Plan Should be Vetoed :: Argumentative Persuasive Papers

Republican Plan Should be Vetoed I think that the Republican should be vetoed because to me, their proposed tax cuts in education, the environment, and other areas are not the way to go. There are probably other government functions that could use a decrease in spending. Raising medicare premiums (http://www.yahoo.com/headlines/951114/news/stories/budget_42.html) seems alright, but there could be a better way. In general, today's Congress is in so much deadlock over balancing the budget, they will end up watching it go to about $6 billion by the start of the new millenium!!! The debt's already too high now. President Johnson was able to halve the deficit and keep his budget under $100 million during his first year in office (http://pathfinder.com/time/special/moy/1964.html); but he achieved this through some manipulation of others - something of which Bill Clinton is not a master. Though the proposed increase of $9 a month may seem small to some,many older Americans in the long run will not be able to keep up with the payments and will trim down their disposable income (isn't this what Keynes would think?) Stimulating the economy at the expense of a certain group of people does not constitute favorable domestic policy for politicans of any party. Why is it that the U.S. has such a hard time trying to keep a stable economy when Germany has historically had pretty strong currency and is perhaps the best economic nation in all of Europe? (http://pathfinder.com/time/international/ 1995/950925/economies.html) They do have tougher regulations, but not a lot of capitalistic ways that we do here. The country's central bank managed to step in after unification with tough-minded economic management; and even though the eastern side of the country has spend a little more than necessary, Germany today remains financially stable (without huge increases in inflation). The temporary stop-gap spending bills that Clinton vetoed, causing the current partialgovernment shutdown, has made the U.S. look bad in the eyes of the world because of party gridlock. I doubt if countries such as Germany ever have this much trouble. Are there any solutions to solving the national debt that will completely satify everyone involved? Probably not. I proved that by stating my support for the President's veto of the Republican's spending bills. However, the oneitem that really bugs me is that if the Republicans want to lower the debt so much, why

Consumer Attitudes and Purchase Intentions in Relation to Organic Foods Essay

Abstract The aim of this study is to find out the three (3) significant variables forming the positive attitude towards the buying the organic food in Peninsula Malaysia, which eventually lead to the ultimate intention in buying the organically-produced food. The different variables are focused on demographic characteristics on household income, product attributes and lastly the perceived value to the customers. This study shows that the household income is seemingly appeared to be an important predictor among the targeted segmentation in consuming organic food. Organic food attributes such as pricing, availability and environmentally friendliness of such organic food may influence consumer buying decision. Lastly, the perceived value from the customers towards organic food on its health effects, sensory appeal, nutrition-worth and belief of perceived benefits, often play an important role in cultivating the intention towards buying organic food. Introduction and Background of the Study Over the last two decades, there has been a remarkable increase in demand for organic-produced food or products. Organic food is often seen and marketed as health-conscious food which contains fewer contaminants, more nutrients and most importantly having a positive effect on the environment. It is known that some of these attributes are difficult to quantify, with the contrary that some of researcher has proved that they may cause such potential harm during the organic production. The organic market back in 80’s, while remaining a niche sector, has grown to be able to grab a share from the total spending on food in some countries in the recent years. Organic fruit and vegetables are amongst the products which have been expanding in the rapid production. The demand for organically-produced meat and dairy products has undergone the same rapid progress, with a corresponding increase in the need for organically grown forage and feed crops. This has led to a fast growth in consumer demand whereby the organic food sales have managed to gain a significant market share in the conventional food industry. The market for organically produced crops and commodities has become more structured, looking at the increased number of countries which have adopted uniform standards for organic food production. The standardization has also applied in the organic certification and labelling. While both the production and the marketing of the organic cultivation of temperate crops have developed, there is a trend to be seen whereby the developing country’s farmers are actively involved in the organic farming. Problem Statement and Importance of the Research Organic agriculture industry, no doubt, has offers most of the developing countries a wide range of economic, environment, social and cultural benefits. Certifies organic products have now been growing fast and in the mist of entering the global market. Malaysia, on the other hand, is still in the starting spark-point in adapting the organic-food consumption while the developed countries such as North America and Europe have already gained the biggest market share in this newest industry. Due to expanding markets and attractive price premiums, Malaysia should invent and invest in organically-produced food, taking into consideration of various significant variables which may form the consumer behaviour towards organic food. We would like to highlight that the ultimate goal of this study is to understand consumer’s motivations behind organic food products purchases in order to enable organic producers to develop a more effective strategic marketing plan. The results could be used for the marketing planning of organic food products to enable proper marketing strategies, a proper sales channel and promotion to be targeted to these groups of consumers. Research Questions The present study aims to answer the following questions: †¢ What are demographic characteristics of organic food buyers? †¢ How do demographic characteristics affect consumer attitudes towards organic foods? †¢ How product attributes effect consumer attitudes towards organic foods? †¢ How consumer perceived values influence consumer attitudes towards organic foods? †¢ What is the relationship between consumers’ attitudes towards organic foods and their intentions to purchase? †¢ How can results of the study be applied by managers and marketers? Research Objectives. Regarding to the significance of the growing market of organic foods in the world, and to the previous studies on consumer attitudes towards organic foods and its effects on purchase intentions in several countries (e. g. Taiwan, Thailand, United Kingdom, United States and Denmark) we intend to carry out such similar studies in Peninsula Malaysia with objectives as the following: †¢ To report the descriptive analysis on the organic buyers’ demographic characteristics †¢ To identify the effects of demographic characteristics (specifically level of households income) on consumer attitudes towards organic foods. †¢ To determine effects of product attributes on consumer attitudes towards organic foods †¢ To investigate the relation of consumer perceived values to consumer attitudes towards organic foods †¢ To determine the relationship between consumers’ attitudes towards organic foods and their intentions to purchase †¢ To clarify implications for managers and marketers Literature Review Demographics Based on findings from previous research, demographic characteristics were evaluated as one of the major predictors in gaining intention to purchase the organic food in Peninsula Malaysia. According to Robinson R. and Smith C. (2002), the demographic of consumers consist of various characteristics namely the gender, age, household income and education level. Each element has been contributed in forming the valued attitudes towards buying the organic products. Hence, the demographic characteristics, especially on household income is seemingly significant and being the focus in this research. This will eventually lead to the desired intention in buying such products for daily consumption. Level of Household Income. Whilst referring to the studies done in the US, it is seemingly apparent that the demographic variables which herby refer as the income distribution, is significant predictors (Bartels & Reinders, 2009). The research on this particular subject has proven that income positively influenced buying behaviour which in turn may cause the perceived buying behaviour towards the organic food. A same result has shown in Germany as well (Bartels & Reinders, 2009). In Germany, demographic variables such as household income distribution have played an important role in developing significant effect on organic buying behaviour. However, the overall inevitability of the demographic characteristics was relatively different, taking into consideration of research carried in various Western countries. These findings verify the results of earlier studies by Clark & Goldsmith (2006) and Im et al. (2003) proven that the intellectual practice on using the demographic characteristics such as household income distribution and domain specific innovativeness will be seen as strategic tools for market segmentation. In the Western countries, research has identified that the demand and willingness in expenditure on organic goods often affiliated closely with various socioeconomic and demographic variables (Wier et al. , 2008). In addition, Menghi (1997) found that the majority households with middle and higher income levels showed a greater tendency in purchase and consuming organic foods. However, it is shown that almost all of these studies are based upon hypothesized future behaviour rather than observed behaviour in both Denmark and UK. Hence, studies have been carried out by researchers to further invent on the influences of demographic characteristics especially in household income in guiding the intention of buying the organic goods. Through the research it is revealed that higher disposable household income (approximated by total food expenditure) will lead to higher positive intention in purchasing the organic food. Consumers with a lower household income alongside with lower level of education are found to be least likely to have heard of organic agriculture (Roitner-Schobesberger et al. , 2008). On a contrary, those who have a higher income and hold an academic degree are more likely to be the target segmentation in purchasing organic products (Roitner-Schobesberger et al. , 2008). It is also mentioned that the correlation between the household income level is very much linked to the level of education as well. As mentioned by Robinson R. and Smith C. (2002), intended purchases of sustainably produced foods did not differ for demographic characteristics such as household annual income educational attainment. Through the research carried out by Ross NJ.et al. (2000), they have suggested that consumers with a higher earning incomes were more likely to have purchased locally produced food, mainly focus on the organic consumption by various segmentations. Their research and findings were supported earlier by Govindasamy R. and Italia J. (1998) whereby the same results applied. Groups with a higher household income tend to have purchased foods produced with reduced pesticides. In UK particularly, social group is employed as an indicator of income brackets (Wier et al. , 2008). Research has revealed that the tendency in purchase the organic goods seem to increase in accordance to the given social status. However, the highest organic budget shares are observed for middle class households whilst shares in the upper middle class being in fact lower. Quite captivatingly, a similar phenomenon is observed to be happened in Denmark as well. Organic Food Attributes Organic food attributes influence consumer buying decision. Several empirical studies have been performed on customer perceptions of organic food attributes and how they formed the consumer attitudes towards food. In the present research, among different product attributes, we have selected: price of organic food, environmentally friendliness of organic food and organic food availability. Price of Organic Food Organic foods are often of a price premium above conventional products. According to Roitner-Schobesberger et. al (2008) in Thailand the price difference between organic and non-labeled conventional vegetables in Bangkok varied between 50 percent and 170 percent and in some cases even 400 percent. However, in some countries such as Finland there were not significant premium prices for organic foods (Tarkiainen and Sundqvist, 2005). As Roitner-Schobesberger et. al (2008) pointed out that despite the price difference of organic and non-organic food, nearly 60% of the ‘organic buyers’ said that the price of organic products was not a problem. In addition, ‘non-organic buyers’ ranked some other items as a reason of not purchasing organic food rather than higher prices. Chryssohoidis & Krystallis (2005) claimed that while 100 percent of people would prefer organic to conventional products with the assumption of similar price, this percentages dropped by only 20 percent when the same question was posed regardless the higher price of organic food. In other words, higher price is an important obstacle for a limited percentage of consumers. Roitner-Schobesberger et. al (2008) found out that in Bangkok men were more likely to purchase organic foods than women and concluded that it might be due to the reason of men being willing to pay a higher price premium for organic products than women. Similarly, a study in Klang Valey, Malaysia showed that women werre more likely than men to agree that they would purchase more organic foods if they were less expensive (Ahmed, 2010). Additionally, heavy users were on average stage whereby they are willing to pay higher price premiums than medium and light users (Wier et. al, 2008). Environmentally friendliness of organic food Consumers are getting more conscious and concerned with the consumption of chemical substance used in farming and preserving environment is becoming a strong attitude among consumers. According to Tarkiainen and Sundqvist (2005), subjective norms’ effect on attitudes has been mainly found in behaviors, that involved some kind of ethical decision, and also buying organic food can be seen as ethical decision reflecting environmental concern. In addition, perceived quality is associated with environmentally friendly practices (Ness et. al, 2009). The perception of organic food products as environmentally friendly was a common intuition and has been examined in several studies (Ahmed, 2010; Honkanen et. al, 2006). It is believed that when the consumers have more concern about their health and environmental protection, they will be more likely to have a positive attitude to organic foods (Ness et. al, 2010). Honkanen et. al (2006) found that ecologically oriented consumers were more likely to form intentions to purchase and consume organic food. In other words, the more people are concerned about environment, the more positive attitude they have towards organic food. Organic Food Availability Lack of organic food availability and variety in store is considered as one of the barriers to consumer purchase. Fresh vegetables (which include fresh herbs) were considered the most widely available organic product group rather than other organic foods (Roitner-Schobesberger et. al, 2008). Chryssohoidis & Krystallis (2005) stated that limited availability was the main factor that hinders organic purchasing. Although according to Roitner-Schobesberger et. al (2008), in Thailand, majority of organic buyers were satisfied with availability of organic products. Most of them reported that they would like to buy more organic products, especially a wider range of vegetables. Value to the Customer. In every product that consumer purchased and used, they in turn are expecting value from it. Value can be defined as a benefit that consumer is receiving by using a product. Benefits here mean sensory appeal of the product, taste, fun, freshness, quality and healthiness of the products. These are some main reasons that encouraged consumer to purchase the organic food. The value may vary from one consumer to another; however there will definitely be one value that effect the buying attitude which motivate the buying intention of consumers. Health Effect of Organic Food Several perceptions contributed to health attribute include the reason of being good for health, good for children, not containing pesticides, high in fiber, natural and nutritious and safer to eat (Roitner-Schobesberger, et. al, 2008; Saher et. al 2006; Lockie et. al, 2002; Ness et. al, 2009). The perceived potential hazards of modern agricultural practices such as the use of pesticides and their residues in food were perceived to be associated with long term and unknown effects on health (Miles and Frewer, 2001;Wilkins & Hillers, 1994; Williams & Hammit, 2001). Saher et. al (2006) revealed that there is very little scientific support for the common beliefs that organic food would be more healthy or nutritious than regular foods, but the belief that they have these properties remains quite strong in consumer’s mindset. The claim is debatable whether marketers can use the health claim for marketing purposes because most of the research concluded that there was no evidence that organic food was healthier or more nutritious than conventional food (Honkanen et. al, 2006). However, most studies in this area suggested that consumer’s perception of organic food as a healthy nutrition is one the most significant motives for buyers. Lockie et al. (2002) pointed out that health was the one aspect consumers are least willing to compromise. Roitner-Schobesberger et. al (2008) in Bangkok, Thailand, examined the motives behind organic food purchase and pointed out that the most important motive was the expected positive health effects. Similarly in Malaysia, organic buyers believed that organic food was healthier compared to conventional grown food (Ahmed, 2010). In Thailand, the health aspect was closely associated with the residues from synthetic chemicals used in agriculture (Roitner-Schobesberger et. al, 2008). In fact, organic products often have a lower level of pesticide residues (Baker et al. , 2002). Lockie et. al (2002) revealed that although price was an important factor, organic consumers consider health has appeared as a more significant factor for purchasing organic food in Australia. These organic food consumers also believed that industrial methods of food processing constitute a threat to customer’s health. Another research by Schifferstein & Oude Ophuis (1997) illustrated that well-being was rated among all other motives by organic food buyers. On the other hand, Tarkiainen and Sundqvist (2005) by examining specific organic products (bread and flour) claimed that health consciousness did not explained the general attitudes towards organic food, although they believed this results might be different by examining different organic products. Sensory Appeals Sensory appeals of organic food are part of the factors that provides value to customer. Sensory appeals include the taste, odor and also the texture of the organic product (Prescott et. al, 2002). Sometimes sensory appeals of the organic food need to be combined with the non-sensory factors such as organic food related expectations to create a value to customer which will affect their attitude towards buying organic food (Prescott et. al, 2002). Sensory factors are also influenced by cultures and background of consumers. For example, consumers from Western countries eat less spicy food compared to those from Asia. Spicy organic food might produce high value to consumers in Asian countries compared to Western. Intrinsic cues or sensory appeal that are associated with physical characteristics of the product such as taste, size, color, appearance, smell, feel and flavor were commonly used as indicators of quality on the organic food (Schifferstein et. al,1997). Quality is also value that consumers experiencing by consuming an organic food. Better sensory appeal of organic food will portray a better quality which will influence the attitude of purchasing an organic food and later increase the intention of buying the organic food. One of the most prominent sensory appeals that yield more value to consumer is taste. According to Roitner-Schobesbergeris et. al (2008), taste was the third important motives that consumers purchase organic food (Roitner-Schobesbergeris et. al, 2008). Others studies also emphasized that many organic food buyers believed that organic food products taste better than conventional food even if sensory evaluations have yielded inconsistent results (Fillion and Arazi,2002; McEachern and McClean,2002; Zhao et al. ,2007). Perceived Value. One of the studies conducted in eight countries concluded that individual attitudes towards buying organic food are primarily based on the belief about the benefits (Thogersen, 2000). Benefits or value to consumers such as healthy, taste better and environment friendly supersede all the other factors such as belief about the cost. The same proven in one of the study conducted in Klang Valley. Most of the respondents reported that they choose to buy organic food products because they perceived organic food as very healthy, fresher and natural (Bayaah Ahmad et.all, 2010). As such, value of organic food towards customers’ effect their attitudes towards buying which will motivates their intention of purchasing the organic product. Consumers also value organic food as nutritional food since it is produced using traditional method whereby the original nutrition from the food is preserved. Nutrition belief was one of the reasons that made people appeared to have different food styles and often express themselves as having food adventurousness or pickiness (Chen, 2007). Organic food adds value to consumers who has such belief and it will influence their intention of consuming it by affecting the buying behavior. Besides, Chen (2007) points out that an individual’s personal interests or traits act a part in establishing personal food choice criteria through the values held by the individual. These values comprise nutrition beliefs, weight control concerns, and so on. For instance, people seem to have different food-styles and often express themselves as having food adventurousness or pickiness. Another important motive to purchase organic food as reported by Roitner-Schobesbergeris et. al (2008) is the consumer’s search for new, trendy and attractive food products. Attitudes towards Organic food and Intention to purchase Basically, consumer attitudes are found to be the most important predictor of intention to buy (Honkanen et. al, 2006). Several studies have found that higher perceived product quality leads to more positive re-purchase intentions (Bou-Llusar et. al, 2001; Hult, & Kandemir 2004; Tarkiainen & Sundqvist, 2005). Chen (7007) highlighted that if the consumer’s attitude towards organic foods is positive, the consumer’s attitude to purchase organic food will be more likely to be positive. This is also consistent with another study performed by Honkanen et. al (2006) indicating that relation between attitude and intention is positive and quite strong, indicating that consumers with positive attitudes towards consumption of organic food are more likely to form intentions to consume such food, therefore converting positive attitudes to intentions. Methodology Theoretical Research Framework [pic] Figure1. Theoretical Research Framework Hypothesis Development: Hypothesis 1: There is a relationship between demographic characteristics of consumers and their attitudes towards organic foods. Hypothesis 2: There is a relationship between organic food attributes and consumer’s attitudes towards the organic food. Hypothesis 3: There is a positive relationship between values of organic food to customer with attitudes towards buying organic foods. Hypothesis 4: When the consumer’s attitude towards organic foods is positive, the consumer’s intentions to purchase organic foods will be more likely to be positive. Research Design. The questionnaires are only designed in English; since the respondents are assumed to be relatively high educated they will be able to answer the questions without any difficulties. Furthermore it will help to keep the original meaning and understanding that respondents perceived to have towards the questions. Types of questions in questionnaires are mostly closed ended question and only two open ended question. This will only consume little time for the respondent to complete the questionnaire which will encourage them to participate in this study. There are three main categories in the prepared questionnaires. The questions in the first category are more towards understanding demographic details of the respondent such as on the age, income level, ethnicity, religion and educational level. This is useful to confirm the background of the organic food consumers. There are also questions on the product attributes which the respondents are asked to identify what are the main attributes that attract the purchase and also to determine whether this factor have a positive effect towards consumer attitude on organic food. Last part in the questionnaires is designed to understand the value of organic food to customers. All these questions are to test four hypotheses of this study. Data Collection The target population consists of organic food buyers in Peninsula Malaysia. In order to carry out the sampling Peninsula Malaysia is divided in to 3 major regions namely Northern, Central and Southern region. Northern region will be represented by Penang, Central region will be Klang Valley and Southern region of Peninsula Malaysia is represented by Johor Bahru. These three areas are chosen based on the economic development and availability of the organic products. From each region shopping complexes and supermarkets that provide organic products are identified. By using random sampling, three shopping complexes and supermarkets in urban areas are selected. Since target respondent with higher educational level and purchasing power are scattered around these urban areas, these will be perfect places to conduct this research. Those three supermarkets and shopping complexes are ensured to be far from each other so that the collected samples will be more accurate in representing the population in each region. Total sample size comprises of 540 individual respondents is collected using convenience sampling and respondents will be approached randomly. Since this study is conducted in large scale, convenient sampling will be more cost effective compared to other types of sampling. Furthermore conducting other types of sampling will be time consuming and the accuracy of the collected samples to represent the actual population will be questionable. In order to collect the data, 60 self-administered consumer questionnaire surveys are distributed in each shopping complexes which will result in 180 questionnaires from each region. Considering the validity of the data, we are expecting a total of about 500 questionnaires to be usable in the later part of data analysis. Although there is no way of knowing if those included are representative of the overall population, the survey is still expected to give a first overview of relevant issues and to allow to derive insights into the perception of organic food buyers in Peninsula Malaysia. Data Analysis After data is collected, data will be edited and coded. Editing data is very essential part of data analysis especially when researches involve open ended questions. Editing is done immediately after data is collected so that the respondent can be contacted if any clarification needed. The edited data are identified through usage of different fond and colors. Coding is done before data processing is conducted. Since most of the data collected involve ordinal scale, coding becomes prudent. By doing this data accurately keyed in and avoid wrong interpretation of data. Base on the three sections in the questionnaire, data is also coded in three main groups. Data processing is done using a software program called SPSS version 17. First of all the edited and coded data is checked and scanned through. Wrongly entered and coded data will be identified using the software through methods like identification of the maximum value. Values like variance, standard deviation, mean and range are used to understand the effectiveness of the questions asked in the questionnaire and how respondents reacted to the questions. The reliability and validity test is done to check the credibility of the data. The reliability test also conducted to test the relationship of the variables through the reliability coefficient. Validity test is done to assess all three factorial validity, convergent validity and also discriminant validity. References Ahmed, S. N. B. , 2010, Organic Food: A Study on Demographic Characteristics and Factors Influencing Purchase Intentions among Consumers in Klang Valley, Malaysia, International Journal of Business and Management 5, No. 2, Baker, B. , Benbrook, C. , Groth, E. , Benbrook, K. , 2002, Pesticide residues in conventional, integrated pest management (IPM)-grown and organic foods: insights from three US data sets. Food Additives and Contaminants 19, 427–446. Bartels J. and Reinders M. J. (2009). Social identification, social representations, and consumer innovativeness in an organic food context: A cross-national comparison, Food and Quality Preferences,1-6, Elsevier Ltd. Bou-Llusar, J. C. , Camison-Zornoza, C. , Escrig-Tena, A. B. , 2001, Measuring the relationship between firm perceived quality and customer satisfaction and its influence on purchase intentions, Total Quality Management, 12, 719–734. Chen, M. F, 2007, Consumer attitudes and purchase intentions in relation to organic foods in Taiwan: Moderating effects of food-related personality traits, Food Quality and Preference 18, 1008–1021. Chryssohoidis, G. M. , Krystallis, A. , 2005, Organic consumers_ personal values research: Testing and validating the list of values (LOV) scale and implementing a value-based segmentation task, Food Quality and Preference 16, 585–599. Clark, R. A. , & Goldsmith, R. E. (2006). Interpersonal influence and consumer innovativeness. International Journal of Consumer Studies, 30(1), 34–43. Govindasamy R, Italia J. (1998). A willingness to purchase comparison of integrated pest management and conventional produce. Agribusiness. 14:403-414. Honkanen, P. , Verplanken, B. & Olsen, S. O., 2006, Ethical values and motives driving organic food choice, Journal of Consumer Behaviour 5, 420–430. Fillion,L. ,Arazi,S. ,2002. Does organic food taste better? A claim substantiation approach. Nutrition and Food Science 32, 153-157. Im, S. , Bayus, B. L. , & Mason, C. H. (2003). An empirical study of innate consumer innovativeness, personal characteristics, and new-product adoption behavior. Journal of the Academy of Marketing Science, 31(1), 61–73. Keillor, B. D. , Hult, G. T. M. , & Kandemir, D. (2004). A study of the service encounter in eight countries. Journal of International Marketing, 12, 9–35. Lockie, S., Lyons, K. , Lawrence, G. , Mummery, K. , 2002. Eating ‘green’: Motivations behind organic food consumption in Australia. Sociologia Ruralis 42, 23–40. McEachern,M. ,McClean,P. ,2002. Organic purchasing motivations and attitudes: are they ethical? International Journal of consumer studies 26, 85-92. Menghi, A. (1997). Consumer Response to Ecological Milk in Sweden. Swedish Agricultural University, Uppsala. Miles,S. , & Frewer, L. J,2001. Investigating specific concerns about different food hazards. Food Quality & Preference, 12, 47-61. Ness, M. R. , Ness, M. , Brennan, M. , Oughton, E. , Ritson, C. , Ruto, E., 2009, Modeling consumer behavioral intentions towards food with implications for marketing quality low-input and organic food, Food Quality and Preference 21, 100–111. Prescott, J. , Young, O. , O’Neill, L. , Yau, N. J. N. , 2002, Motives for food choice: a comparison of consumers from Japan, Taiwan, Malaysia and New Zealand. Food Quality and Preference 13, 489 – 495. Robinson R. and Smith C. (2002). Psychosocial and Demographic Variables Associated with Consumer Intention to Purchase Sustainably Produced Foods as Defined by the Midwest Food Alliance, Journal of Nutrition Education and Behavior Volume 34 (6), 316-325. Roitner-Schobesberger ,B. , Darnhofer, I. , Somsook, S. , Vogl, C. R. , 2008, Consumer perceptions of organic foods in Bangkok, Thailand, Food Policy 33, 112–121. Ross NJ, Anderson MD, Goldberg JP, Rogers BL. (2000). Increasing purchases of locally grown produce through worksite sales: an ecological model. J Nutr Educ. 32:304-313. Saher, M. , Lindeman, M. , Koivisto Hursti, U. , 2006, Attitudes towards genetically modified and organic foods, Appetite 46, 324–331. Schifferstein, H. N. J & Oude Ophuist, P. M.A, 1997, Health-Relatede Determinants of organic food Consumption in the Netherlands, Food Quality and Preference 9, 119-133. Tarkiainen, A. & Sundqvist, S. , 2005, Subjective norms, attitudes and intentions of Finnish consumers in buying organic food, British Food Journal 107, No. 11, 808-822 Thogersan. J, 2000, predicting consumer choices of organic food: Results from the CONDOR Project, Wier, M. , Jensen, K. , Andersen, L. M. , Millock, K. , 2008, The character of demand in mature organic food markets: Great Britain and Denmark compared, Food Policy 33, 406–421. Wilkins, J. L. , & Hillers, V. N, 1994. Influences of pesticide residue and environmental concerns on organic foods preference among food cooperative members and non-members in Washington State. Journal of Nutrition Education, 26, 26-33. Williams, P. RD. , & Hammit, J. K, 2001. Perceived risks of conventional and organic produce: Pesticides, pathogens, and natural toxins. Risk Analysis, 21, 319-330. Zhao,X. ,Chambers,E. ,Matta,Z. ,Loughin,T. ,Carey,E. ,2007, Consumer sensory analysis of organically and conventionally grown vegetables, Journal of Food Science 72, 87-91.

Paleolithic and Neolithic Ages Ap History

Paleolithic and Neolithic Ages The Neolithic Age changed the way people live now a days for many reasons. First of all, in this era agriculture was very important. People could farm instead of hunting and gathering and also they could settle down in one place. People also began to live in small communities. Settling down in one place meant more food and free time. This started trade because there were food surpluses and began the first forms of government. There were many things to be done so they divided work up among everyone in the small community.This was the very beginning of the way we live today. The Paleolithic Age is the Old Stone Age ending in 1200 B. C. E. were stone tools were used for hunting and gathering. People used tools such as clubs and choppers to crack open bones. Tools in this era were mainly made to use for shelter, defense, and keepings of food and clothing. These people believed in an afterlife which was similar to actual life on Earth because they were provi ded with all the tools, weapons and necessities needed to survive which was stated in document 1.In this age scholars believed that their ancestors lived in a world of spirits and shown in document 2 these people were hunters. The Neolithic Age is the New Stone Age between 8000 and 5000 B. C. E. were the adaptation of sedentary agriculture occurred and were domestication of plants and animals occurred. This is the era where people began to develop social groups and create civilizations and stop moving from place to place. Stated in the document 4 people began to depend more on animals and less on plants.They followed herds of animals instead of just one to get more food and eventually create a surplus. The animals that they herded gave them the fertilizer for agriculture. In document 5 it says that there were settled farming communities and they began to create a council to make decisions on what to harvest. Settled people had more personal property. These differences were so import ant because of the technology and ways of life that these people started to create.If the people from the Paleolithic and Neolithic ages didn’t discover the things that they did our world today would be totally different. There are many possibilities on what our life would be like today if these people didn’t start a foundation for us. In conclusion, as you can see the Neolithic age changed how we live greatly. They started the first forms of agriculture and created small communities of people. People settled in one place and began to trade for work. What do you think life would be like if people from these two eras didn’t start the things they did for us?

Police Brutality Among Nigerian Males In Philadelphia Essay

Cultural prejudice is like a virus that is transmitted from human to human and like a parasite eats up a society and its reasoning. These prejudices are reflected in our day to day life. How often we see a white women shying away from young African American male on the street reflecting the basic stereotyped assumptions that we make about others every day. These inevitable behaviors of which most of us are victims remain unresolved because of the unconscious state it has entered. Likewise, people who have been victims of racism in the past develop an extreme judgmental attitude, often labeling a simple act as a racist, failing them to ever see well in others. Marilyn French, a feminist fiction writer, in her work on â€Å"Beyond Power: On Women, Men and Morals (1986),† interprets such bigot behavior as an outcome of a patriarchal world that is lured by power and control over women, children, property, and other men; and subsequently enticed with the idea of superiority using skin color, wealth, religion and ethnicity as its variable. She suggests that the masculine principle is governed by aggressiveness which prevails over the cultural values ascribed to the feminine principle. Quoting from her work, â€Å"World wide patriarchal values and perspectives are so pervasive; many people believe them to be inevitable. Such thinkers believe feminine principle oriented cultures became instinct because of the superiority of Western patriarchy†. She further emphasizes that since western people are oriented in a masculine thought; its end result is anything but cultural prejudice. Further, delving on this theory she suggests that we all are members of the â€Å"in- groups† that offers us a feeling of belongingness and comfort. And all others become members of the â€Å"out-groups†. It is taken as a fact that members of one group will always be antagonist to the members of the other group. Marilyn calls it a â€Å"self justifying dialogue that keeps us from self analysis mixing beliefs with attitudes and values, and morality with ethics† (French, 1985, p. 19). We obediently keep practicing what we have been taught in our lifetime, i. . â€Å"what to think† of those who are members of the opposite group instead of â€Å"how to think† and in turn delaying our judgment about others. Our faculty has stopped responding to a logical reasoning and it has simply turned into a mechanical thought process. Leading all of us to becoming racist, ageist, and ethnocentric in this patriarchal culture. An authoritarian personality clings on to the conventional values of their culture, and refuses at any time the need of self – introspection (Breslin, 1974, p. 51). While delving on this type, Mumia Abu-Jamal stands as a case in point. Mumia Abu – Jamal, a famous radio journalist in Philadelphia was also known as â€Å"the voice of the voiceless†. He used to report on issues concerning police brutality, misconduct and racism on the minority communities and especially, the African American community. In 1981, he became a victim himself of things he always fought against. On December night, 1981, while driving a cab to supplement his income earned through journalism, Abu Jamal drove pass his brother who was being beaten up by the police officer, Daniel Faulkner for traffic violation. Shortly, a gun fire broke out leaving both the police officer and Abu- Jamal injured. Unfortunately, the officer succumbed to his injuries while Abu –Jamal recovered through a surgery. He was trialed for the Officer Daniel Faulkner’s murder case and given a death sentence. However, at the insistence of Philadelphia District Attorney Lynn Abraham, Abu – Jamal is currently not facing the death penalty. This is a typical case of a social conflict between individuals and collectivities. Interpreting Abu – Jamal’s case through Lane Cormick’s work, this situation can be termed as a crisis. The media and many literary discussions have depicted this case as that of prejudice and racial discrimination. Race and ethnicity are hence, seen as the controlling dynamics in this case. Dave Lindorff, an investigative reporter in his book on â€Å" Killing Time: An Investigation Into the Death Row Case of Mumia Abu – Jamal†, stated that at the time of Abu – Jamal’s arrest, the Philadelphia Police Department was indeed the most corrupt enforcement operations in the nation. Hence, the decision made by the United States’ judicial system , awarding death sentence to Abu- Jamal, based on the evidences put forth by the Philadelphia police has been widely criticized and challenged. This decision has been labeled as an outcome of cultural prejudice in a society that stands as an epitome of liberty. The United States’ judicial system has been attributed for its racism and discrimination against defendants of color. Noam Chomsky while reflecting on this case called the U. S. prison system a class and a race war. He further emphasized that Abu – Jamal is just one illustration of what’s called â€Å"social cleansing† in US. Philadelphia police is known for its notoriety. The racist attitude that it thrives on is also not hidden from the public. The killing of a young black man, Bryan Jones on the morning of January 1, 2007 is just one in a million cases reflecting brutality dipped with prejudice and racism practiced by the Philadelphia police. According to the Welcoming Center for new Pennsylvanians, seven percent of Philadelphia’s immigrants come from Africa mainly comprising of Nigerians who form the largest African group in this region. Every now and then, there are cases heard against the Police Department of Philadelphia for ill – treating the Africans. Scholars suggest that off all prejudice, the most critical is the Attitudinal Prejudice reflected (in this case) in the Philadelphia police also explaining the reasons of brutality that’s practiced on these minority races. W. T. Jones in his work on â€Å"Perspectives on ethnicity. New direction for student services†, explains that â€Å"attitudinal prejudice refers to a negative attitude toward a person or group based upon a social comparison process in which the individual’s own group is taken as the positive point of reference. † (Jones, 1972, p. 6). Further, to combat the ‘isms’ requires new value assumptions and new social learning.