Sunday, January 26, 2020

EBay Marketing Case Study

EBay Marketing Case Study Teresa A. Cochran EBay has established itself as one of the largest and most popular online trading sites on the internet. Developed in 1995 by computer programmer, Pierre Omidyar, eBay has grown tremendously, creating what may have described as the perfect market. EBay not only pioneered emerging technology but revolutionized a new business model with person to person online sales without interference of outside regulation. The online auction industry itself has grown tremendously since the 1990s, with thousands of Americans supporting themselves solely by selling merchandise online as one of the original internet trading platforms. EBay gained notoriety by having reasonable prices and for having hard to find items. It allows sales both locally and on an international level, with a diverse and energetic group of members and independent companies. Today, eBay connects a global community of buyers and sellers via an exceptional platform that connects people who, otherwise would not be connected (Kotler Keller, 2012). By creating a business model that relied on connections, the eBay platform offers millions of unique items for sale or trade each day. EBays growth and momentum has continued as individuals and small businesses discovered that eBay was an efficient way to reach new customers and other businesses (Kotler Keller, 2012). EBay offers many different products in a large number of categories ranging from clothing to cars, and the bidding format puts the consumer in charge of the trade. But why has eBay grown into a billion-dollar global enterprise while other similar sites have failed? Since its inception, eBay is one been of the pioneers in internet e-commerce and has been successful in creating an online community of buyers and sellers of practically anything imaginable. This case study will analyze several factors in the development and ultimate success in addition to mechanisms by which eBay interacts with the market. An analysis into these strategies reveal that the growth of eBays online auction platform can be attributed to growth in the e-commerce market, an innovative approach to social interactions, emerging market trends, strong sense of community, and the core values of the organization have all contributed to the success of the company. EBays positioning statement is The worlds Online Marketplace, which is significant for the companys view of its identity. The core values at eBay were to develop a culture of trust and fun. Among the factors that have been credited for eBays success have ranged from the use of website to increased customer feedback, buyer protection, range of items, competitive prices and also the ability to reach a global market. EBays successful evolution has been based on their ability to reduce risk to the buyer, minimize disinformation, and enforcing rights to property. By developing relationships between buyers and sellers in a trade many of the issues around mistrust, uncertainty, and cooperation are resolved and seek to guarantee both parties a successful exchange. This exchange satisfies both by parties by allowing the buyer to control the maximum price they are willing to pay and the seller can benefit from increased profit margin and the efficiencies gained by utilizing an online platform. Buyers can view items by seller, location, condition or time remaining in the auction. As evidenced by the number of site visits per day, eBay appears to be an efficient way for individuals and more recently businesses to sell merchandise (Kotler Keller, 2012). The organization also regulates transactions its seller profile and feedback forums. This form of rating and comment is linked to the sellers performance. Feedback has been attributed as a major important factor for achievement of success. The members of the eBay community have the ability to leave feedback or rate items bought on eBay This type of feedback encourages both buyers and sellers to feel like and integral part of the organization. EBays online personal trading community relies on the mutual trust and respect. This creates a connection between both parties; therefore there is a mutual dependency in all transactions that underpins the culture of the eBay community. Business relationships between buyers and sellers are pivotal in the maintenance of the business structure. These relationships involve issues regarding compliance with formal or informal regulations. As previously noted, the business model utilized by eBay is one that is based on mutual trust. The company offers users buyer protection on purchases made via PayPal. Therefore, by members use of the PayPal payment system, each member can be confident that their transaction is protected against deceit or being duped in any fashion. Evaluation of eBay fee schedule EBays business process creates a business model, which does not require the carrying of inventory, but rather has its share of the profit margin from every transaction that it does (Mishra, 2010). This type of fee structure in most commonly referred to as second degree price discrimination. This practice refers to the charging of an insertion fee for each item listed and is designed to attract vendors with higher sales volumes. In addition to the listing fee, the vendors are charged a percentage based on the final dollar amount of the auction or buy it now listing. EBay also caters to buyers who purchase goods in higher volumes. This strategy attracts a small business owner who would like to purchase merchandise in bulk but does not have the resources to buy from larger wholesale distributes. The discussion of whether or not the fee schedule is optimal depends on the vendors status in the marketplace. In response to feedback from sellers, EBay has made significant revisions to the fee schedule in response to increased competition in ecommerce. EBay has launched a new fee structure and incentives for sellers in an effort to remain the most competitive commerce platform (Rao, 2013). The simplification of the pricing structure allows vendors to list items for free therefore both individuals and eBay store owners can increase their profit margin. The listing fees for the occasional seller are very different from those of power seller in that there is a difference in the number of free listings. Small volume sellers can list up to fifty listings monthly while power sellers can list up to twenty five hundred. This fee structure is optimal for smaller volume sellers. These changes in the fee structure will benefit larger power sellers by discounting fees charged to maintain thei r online store. In the older fee structure, there were no free listings for stores (Rao, 2013). Other revisions to the fee schedule include basing the final value fee on the items price at the completion of the transaction. As with any other business traditional or ecommerce, an evaluation and adjustment must be done routinely to their pricing structure to ensure that it is beneficial to both the vendor and the buyer. EBay must continue to evolve to remain competitive in a very diverse segment of the consumers who will be participating in the online marketplace via new outlets such as Facebook Marketplace. This fee structure is been made more optimal for buyers and sellers but will be a vulnerability as more consumers utilize platforms that do not charge a transaction fee such as Facebook and Craigslist. Whats next for eBay? Online auctions have become an increasingly popular and efficient ecommerce method of facilitating the participation of Internet users in trading activities through flexible pricing processes, convenient access and the availability of a large variety of products (Cui, Lai, Liu, 2008). The advancement of eBay commercial center has developed into a worldwide commercial center since its dispatch in 1995. Current market patterns demonstrate that far from the underlying concentration of individual to individual deals so as to be more aggressive with other online retailers. A significant number of the efficiencies that added to the underlying development of eBay, access to data, diminishing geographic impediments to online business are the consequence of the development of the web. EBay is currently still growing as an online auction marketplace, with operations in the United States, Europe, African and even Asian countries. There is such an enormous interest for web based business in this quickly creating world. eBay has a great deal of preferences if the drive proceeds with, this movement could quicken given eBays emphasis on online installment frameworks, for example, PayPal, the ascent of web-based social networking and its consideration on creating markets. This will help them to maximize their chances to market and make other investments that will enhance the marketplace and help the sellers grow their businesses (Kotler Keller, 2012). When completing an evaluation for whats next for eBay, innovation and continued expansion into undeveloped markets must consider. Demand for products to be available online is growing at a rapid pace. Another aspect central to continue success is to evaluate the technology utilized and focus on innovation in order to remain competitive in the fast paced online auction market. EBay sales dipped when GOOGLE changed its algorithm and eBay was no longer on the top of the search results when people were shopping online (Rao, 2015). With web based business growing rapidly, eBay can utilize online networking as a platform to increase sales. Social media sites like Facebook Twitter and Instagram can be utilized as promoting diverts to attract more clients for eBay. Auctions can also be cross-promoted on local sites such as Craigslist. Web-based social networking enables online shoppers to support the development of an online business. EBay could build its customer base by addition and expansion current of partnerships and investments around the globe as well as focus on the maintenance of current connections between the buyers and sellers. Additionally, eBay must focus on maintaining a fee structure that is optimal for all parties, buyers, and sellers. Fees should be as low as possible to the vendors in order to reduce the final price to the buyer. The company should improve technology as one of the key components of the existing business model, making it easier to think of new way to do development of alternative ways to reconfigure existing resources (Kimble Bourdon, 2013). In conclusion, with the high number of goods and services that can be exchanged without geographical constraints, eBay is well positioned to maintain is growth rate and achieve even greater sales volume. References Cui, X., Lai, V. S., Liu, C. K. (2008). Research on Consumer Behaviour in Online Auctions: Insights from a Critical Literature Review. Electronic Markets, 18(4). http://dx.doi.org/10.1080/10196780802420752 Kimble, C., Bourdon, I. (2013). The link among information technology, business models, and strategic breakthroughs: examples from amazon, dell, and eBay. Global Business and Organizational Excellence, 33(1), 58-68. http://dx.doi.org/10.1002/joe.21523 Kotler, P., Keller, K. L. (2012). Marketing management (14th ed.). Retrieved from https://online.vitalsource.com/#/books/9781323291016 Mishra, M. K. (2010, December). Why is eBay the Most Successful Online Auction? Global Journal of Management and Business Research, 10(9), 62-65. http://dx.doi.org/GJMBR-B Classification (FOR) 350213 Rao, L. (2013, March 19, 2013). To Compete With Amazon, eBay Debuts Free Listings And Simpler Fee Structures For Sellers [Blog post]. Retrieved from https://techcrunch.com/2013/03/19/to-compete-with-amazon-ebay-debuts-free-listings-and-simpler-fee-structures-for-sellers/ Rao, L. (2015, July 20, 2015). For eBay, a new chapter begins. Fortune Tech. Retrieved from fourtune.com/2015/07/19/ebay-independence

Friday, January 17, 2020

How far do you think Educating Rita has a happy conclusion?

Many definitions of comedy claim that at the end of the play a happy conclusion will have emerged. How far do you think Educating Rita has a happy conclusion? Educating Rita is a play by Willie Russell, set in 1983. It is a semi-autobiographical play about Rita, a young working class Liverpool hairdresser who decides wants to gain an education using an Open University. Her tutor is the disillusioned and alcoholic Frank, who teaches at the Open University to pay for his drinking habits. Rita decides she wants to learn everything, even if it means ‘abandoning her originality’.With Rita’s marriage break down, and Frank’s alcoholism, will either of them ever receive their happy ending? In some ways, I think the Educating Rita does have a happy ending. This is due to many incidents throughout the play which shows Frank and Rita can have a good life and can now move on with it. At the beginning of the play, Rita says that she â€Å"wants to learn everything†. By the end of the play, she fulfils this dream as she passes her exams and can now be seen as an â€Å"educated woman†.She can now be herself, a working class hairdresser, yet have an education at the same time, which she didn’t think she could have before, as she thought she was â€Å"out of step. † Furthermore, nearing the end of the play, Frank gives Rita a dress that he bought for her. â€Å"Well, it’s er – it’s a dress really†. This is significant as she says that she’s not going to buy a new dress until she has learnt everything and passed her exams. When Frank gives Rita the dress, he says it’s for an â€Å"educated woman friend† of his.Therefore, this could show that the play has a happy conclusion as Rita has done what she wanted to do and, with Franks help, learnt â€Å"everything. † Also, Frank gains self-confidence. This is because Rita convinces him that he is a good teacher. â€Å"I came to tell you you’re a good teacher. † This shows that Frank, although a few hiccups along the way, gained a lot throughout the play. This shows that Educating Rita has a happy ending because Frank finally gets approval and self – confidence. Rita also realises that she has choices.This is shown when Denny burns her books. â€Å"He said either I stop comin’ here an’ get off the pill, or I could get out altogether. † This shows how serious Rita is about gaining an education, even if it does mean sacrificing her marriage. This shows that Educating Rita does have a happy conclusion as, even though Rita loses a few things, she now knows she has choices. â€Å"I’ll make a decision, I’ll chose. † This shows that Rita knows she doesn’t have to conform to what other people want. Half way through the play, Rita has an identity crisis. â€Å"Because I’m a freak.†Rita thinks she is â€Å"out of step† becaus e she doesn’t fit in either working or lower class and she doesn’t know where she should be. This is shown when she doesn’t know whether to go to the pub with her family, or to Franks house for dinner. However, after her roommate Trish tried to commit suicide, Rita realises that being higher class doesn’t mean you’re happy. Also, that she doesn’t have to change to fit in. This shows that Educating Rita can have a happy conclusion as Rita goes back to her usual enthusiastic self and is back to having her own opinions, instead of â€Å"empty quotes.†Even though Frank and Rita have negative experiences throughout the play, Rita cuts franks hair and wishes him good luck, so they depart on good terms. â€Å"I’ll take ten years off ya. † This shows how Educating Rita can have a happy conclusion, even though Rita is back to being a hairdresser, her and Frank can remain friends and they have both learnt a lot from each other. On the other hand, the play could be seen as having an unhappy conclusion. This could be due to how Frank and Rita departed. Firstly, throughout the play, Frank shows signs of having a crush on Rita.â€Å"Why didn’t you walk in here twenty years ago? † This shows Frank fancies Rita, however Rita never reciprocates these feelings, which could be seen as disappointing as it’s not a normal love story. Educating Rita could also be seen as having an unhappy ending as both Frank and Rita are what they used to be. Frank remains an alcoholic and Rita is back to hairdressing. â€Å"If you could stop pouring that junk down your throat. † Rita thought Frank would stop drinking, however he doesn’t. Therefore, the play could be seen as unhappy because Frank hasn’t got out of his old habits.In conclution, I think that Educating Rita could been seen to have a happy ending because Frank and Rita both gain something from being together. Although they have thei r ups and downs throughout the play, they depart on a happy note. Rita learns everything she wants to and fulfils her dreams of being educated whilst Frank rekindles his love for poetry and gets to move on to Australia, as well as his self-confidence. They both have a happy ending and can still be friends, even if Frank was hinting throughout the play that he fancied her. Therefore, I think that Educating Rita has a happy conclusion overall.

Thursday, January 9, 2020

The law of negligence disaster at a charity event - Free Essay Example

Sample details Pages: 7 Words: 2139 Downloads: 5 Date added: 2017/06/26 Category Business Essay Type Case study Did you like this example? Brief : 106924 Delivery Date : 15/12/2005 Title: LAW: Tortious Liability and Negligence ENGLISH LAW (1st Year LLB Law Uni Degree standard) QUESTION Lucky BStard wins  £7,843,000 on the National Lottery. He decides to invest  £5,000,000 and, in his words, to Spend, spend, spend the balance. He solicits the services of Whizzkid, a financial advisor, who has just returned from a three year get away from it all stay in a Tibetan monastery. Don’t waste time! Our writers will create an original "The law of negligence: disaster at a charity event" essay for you Create order Imbued with Buddhist ideals, Whizzkid decides that, for the foreseeable future, he is not going to charge for any financial advice. On his first day back in the office, Whizzkid advises Lucky to invest  £2,000,000 in a newly floated e-company. When Whizzkid left for Tibet, shares in e-companies were increasing in value at a phenomenal rate but, about two years ago, there was a sudden downturn in their value and many such companies went into liquidation. Whilst in Tibet, Whizzkid heard nothing of the financial markets. Within six months Luckys shares are worth only  £7,500. He loses a further  £1,500,000 after following the financial tips of Hari Potta, an Indian mystic, who has set up an internet webpage in which investment advice is offered. Chastened by these experiences and somewhat tired of the extravagant lifestyle that he has adopted , Lucky decides to spend  £1,000,000 on promoting a charity extravaganza to raise money for Aids victims in the third world. The highlight of the charity event is an attempt by Dan Dangerous to set a new world record for ascending into the air, attached only to helium-filled toy balloons. (The current record stands at 11,000 feet). Dan attaches himself to six hundred balloons and the ascent is going to plan when the cord is severed by a passing jet. The shock of the proximity of the jet causes Dan to pass out and he is unable to activate his parachute and plunges to his death in front of the watching thousands. Dans former girlfriend, Minnie, who is pregnant, is present and the shock causes her to miscarry. Prodnose, who was in the vicinity of the event, wondered why there was such a large crowd and saw it all through a pair of very powerful binoculars. He suffers a nervous breakdown as does Sam, a fireman, who was on duty at the extravaganza and who was part of a team which tried unsuccessfully to break Dans fall by holding a tautly stretched fire blanket directly below him as he fell. Having watc hed the fall on live television, Beryl, Dans mother, is traumatised. Julius, Dans father hears the news on his car radio and rushes to the scene and formally identifies Dans body. Lucky admits that he was negligent in that he failed to check whether the site of the extravaganza was on any flight paths and he pays compensation to Dans estate. Advise Lucky as to any redress he may have against Whizzkid and Hari Potta and as to his liability in respect of Minnie, Prodnose, Sam, Beryl and Julius. Assessment Criteria In arriving at an assessment particular attention will be paid to the following: i) the students ability to identify the relevant legal principles ii) the appropriateness of legal authorities iii) application of the law to the facts iv) the clarity and cogency of argument ADVICE For the sake of clarity and brevity, after a breakdown of the applicable legal framework the individual issues in this colourful scenario will be isolated and considered in turn. The brie f under analysis concerns, inter alia, tort law and specifically the law of negligence. Lucky Bà ¢Ã¢â€š ¬Ã¢â€ž ¢Stard can be advised that in order to ground an action in negligence five essential conditions must be satisfied on the balance of probability. First, it is necessary to establish that the claimant is owed a legally recognised duty of care by the defendant. Lord Atkins defined the range of the duty of care in negligence in Donoghue v Stephenson.[1] He stated: 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 affected when I am directing my mind to the acts or omissions which are called in question.[2] Second, we must establish a breach of that specified duty. In Blyth v Birmingham Waterworks[3] it was stated that: à ¢Ã¢â€š ¬Ã…“Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person would have done, or did that which a person taking reasonable precautions would not have done.à ¢Ã¢â€š ¬Ã‚  A calculus of risk analysis can taken employed regarding the possibility of breach of duty in Luckyà ¢Ã¢â€š ¬Ã¢â€ž ¢s case. This approach weighs the risk or harm (Bolton v Stone[4]) and probable severity of harm (Paris v Stepney Borough Council[5]) that may be suffered against the cost of precautions (Latimer v AEC[6]) and any other factors that might operate to excuse the risk taken (Watt v Hertfordshire County Council[7]). Third, loss or damage must be shown to have been suffered. Fourth, the damage suffered must be sustained as a direct, causal result of the breach identified: Barnett v Chelsea and Kensington Hospital Management Committee[8] sets down useful guidance on this issue. Finally it must be shown that the damage stipulated above was reasonably foreseeable in all the circumstances of the case ie. not excluded on grounds of being too remote. It should be noted that all the above points must be satisfied before Lucky Bà ¢Ã¢â€š ¬Ã¢â€ž ¢Stard can be advised that he has a good case for compensation. Each of the parties will be dealt with separately and in turn. Advice re Whizzkid It is necessary to apply the facts to the five-point framework discussed above in order to deliver reliable advice to Lucky as to his dealings with Whizzkid. Moreover, where a negligent statement causes pure financial loss such as in this case an additional legal framework applies. In Hedley Byrne v. Heller[9] the House of Lords recognised the existence of liability for pure economic loss arising from a negligent statement. The court, developed a test for reasonable foreseeability of harm. Lord Reid stated that such liability would only arise where there was a à ¢Ã¢â€š ¬Ã…“special relationshipà ¢Ã¢â€š ¬Ã‚  between the parties. He explained that a special relationship would exist: à ¢Ã¢â€š ¬Ã…“where it is plain that the party seeking the information or advice was trusting the other to exercise such a degree of care as the circumstances required, where it was reasonable for him to do that, and where the other gave the information or advice when he knew or ought to have known that the enquirer was relying on him.à ¢Ã¢â€š ¬Ã‚  Lucky has attended Whizzkidà ¢Ã¢â€š ¬Ã¢â€ž ¢s office and it is reasonable for him to seek financial advice in that formal professional context. Furthermore, Lucky cannot be expected to know of Whizzkidà ¢Ã¢â€š ¬Ã¢â€ž ¢s recent history and his lack of knowledge of current investment strategy. Given the amoun t of money involved it is plain that Whizzkid should have appreciated the seriousness of the situation and taken more care over his advice. It is therefore submitted that a special relationship exists and that liability is owed to Lucky. Advice re Hari Potta This situation is slightly different, given that this so-called Indian mystic has set up an internet webpage on which investment advice is offered generally and to the world at large. Hedley Byrne was applicable re Whizzkid because Whizzkid was offering specific and individual advice, however in the case of Hari Potta, the case of Caparo Industries v Dickman[10] is of more relevance. In Caparo, information was put into general circulation and was capable of being relied on by strangers, just as in Hari Pottaà ¢Ã¢â€š ¬Ã¢â€ž ¢s case. The court held that in these circumstances no general duty of care would be owed unless the defendant had particular knowledge of the reliance on and use of the information by the injured pa rty. Unless Hari Potta has the aforementioned knowledge it is unlikely that Lucky has a claim against him. Advice re Minnie Lucky has admitted liability for negligence in causing Danà ¢Ã¢â€š ¬Ã¢â€ž ¢s death. Minnie has suffered nervous shock and a miscarriage as a result of witnessing the incident. In so-called nervous shock cases it is necessary to distinguish between primary shock victims, who also sustain physical injury or are in some other way directly involved in the accident and secondary shock victims, who are affected either as a consequence of witnessing the accident or out of concern for the safety of another: Alcock et al v Chief Constable of South Yorkshire Police[11]. It is advised that Minnie will be considered a secondary victim on the facts. Mindful of the risk of a flood of claims from this class of potential litigant the courts have imposed rigorous criteria to be met before the existence of a duty of care to prevent psychiatric injury will be acknowl edged. In Alcock et al v Chief Constable of South Yorkshire Police, which resulted from the Hillsborough football ground disaster, the House of Lords held that a wrongdoer will owe a duty of care to a secondary victim only if: (a) there is a tie of love and affection between the secondary victim and the primary victim; (b) the secondary victim was present at the accident or in its immediate aftermath; (c) nervous shock was suffered as a consequence of the secondary victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s perception of the accident with his own unaided senses (that is he personally heard or saw the accident). It is submitted that Minnie fulfils the above criteria and that she will be able to claim for the trauma of the incident. However the so-called egg-shell skull rule is unlikely to be deemed applicable in this context and therefore the miscarriage that she has suffered as a consequence of her state of pregnancy may not be claimable. Advice re Prodnose Prodnose suffered a n ervous breakdown after witnessing the event through a pair of powerful binoculars. He will be considered a secondary victim (see above). It is clear that he does not fulfil the Alcock criteria set out above (because inter alia, there is no apparent tie of love and affection) and thus he will be unable to claim against Lucky. Advice re Sam Sam, a fireman, who was on duty at the event tried unsuccessfully to break Dans fall by holding a tautly stretched fire blanket directly below him as he fell. He suffered a nervous breakdown as a consequence, but will be classed as a rescuer. Alcock provides that the strict 3-point secondary victim test described above does not apply to those participating in a rescue operation connected to the accident. A duty of care is owed to those attempting a rescue merely if it is reasonably foreseeable that nervous shock could be suffered as a result of witnessing the aftermath of the accident. It is submitted this will be easy on the facts! Sam ca n almost certainly recover damages. Advice re Beryl and Julius On the facts, Julius does not appear to have suffered specified shock or trauma and therefore does not have a claim because he cannot point to specific injury or loss. If he has suffered injury then he may have a claim on the Alcock criteria, given his presence in the immediate aftermath of the incident. Beryl, Danà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother, was traumatised by watching the incident on live television. Alcock provided that parents and spouses who only saw an incident by viewing it on a simultaneous television broadcast were not entitled to damages and thus it is unlikely that Beryl has a claim. However, she may have a chance to avoid Alcock by distinguishing it on the basis that TV coverage of the aftermath of the football disaster which involved bodies being laid on the pitch while tragic and upsetting arguably lacks the real horror and immediate visceral threat of seeing a man plummeting to his death in real time. THE END WORD COUNT: 2118 (this is a global document word count including the long question etc and thus does not represent an overrun) BIBLIOGRAPHY Rogers W.V.H., Winfield and Jolowicz on Tort, (2002) Sweet Maxwell Keenan D., Smith and Keenanà ¢Ã¢â€š ¬Ã¢â€ž ¢s English Law, (1998) Pitman Publishing Keenan, D. and Riches S., Business Law, Seventh Ed, (2001) Longman Stephenson G., Sourcebook on Torts, (2000) Cavendish Publishing Kelly D. and Holmes A., Principles of Business Law, (1997) Cavendish Publishing 1 Footnotes [1] (1932) AC 562. [2] See for context: Keenan, D. and Riches S., Business Law, Seventh Ed, (2001) Longman. [3] (1856) 1 Ex 781. [4] [1951] AC 850. [5] [1951] AC 367. [6] [1953] AC 643. [7] [1954] 1 WLR 835. [8] [1969] 1 QB 428. [9] [1963] 2 All E.R. 575. [10] [1990] 2 AC 605. [11] [1991] 4 All ER 907.

Wednesday, January 1, 2020

Drug Use Vs. Recreational Use - 1789 Words

It is no secret that drug use has made a solid establishment within our society and will continually push negative results on people, particularly on the youth culture who are experiencing the confusing and exciting journey to adulthood (Measham et al, 2001). Just looking at the 60% increase in those charged and tried for Class A drug related crimes (Mallender et al, 2002), it is clear that research in this area is needed fast and vast quantities. However, it is since the argument that recreational use is now a familiar activity among popular sub youth cultures as apposed to the minority (Manning, 2007) that the area of attitudes towards recreational drug use be examined closer. Drug Use in the UK - From Past to Modern Day - Comparison of UK to other nations - Key characteristics, demographics and psychograpics of Drug users in UK - age, gender etc. - Drug usage / types / places / attitudes (drug use vs recreational use) Target Demo - Students There is a well-established link between students and the clubbing culture with vast findings on drug usage and the student population (CASE) . Music festivals Analysis of the changes Acceptable behaviour? Traditional / Classic Theories of Drug Use The concept of normilization, coined during the 1950s, was initially used to describe people with leanring difficulties creating normal living surroundings (Howard Parker, Lisa Williams and Judith Aldridge, 2002). Since that time the extent to which recreational drug use had beenShow MoreRelatedShould Marijuana Be Legalized?1099 Words   |  5 PagesCan a drug that is responsible for thousands of arrests each year actually be considered beneficial? Cannabis Sativa, or more commonly know as marijuana, has been previously known as a gateway drug . It is the most commonly used illicit drug amongst varying age groups in the United States. Although there are 85 active cannabinoids in marijuana, two of them make up the plants majority. Tetrahydrocannabinol (THC) is one of the main active cannabinoids in marijuana. Cannabidol (CBD), which makesRead MoreEssay Recreational Marijuana Should NOT Be Legal1698 Words   |  7 Pagesthe drug was freely sold in pharmacies for over a century.† (Rich and Stingl). In 1937, the use and possession of marijuana was made illegal, but â€Å"before 1937 marijuana was freely bought, sold, grown, and used.†(Rich and Stingl). In 1970 the congress decided to classify marijuana as a schedule one drug, which has made the legalization more difficult, â€Å"schedule one drugs are considered dangerous, addictive, and have no medical benefits.†(Rich and Stingl). Marijuana fits the schedule one drug classificationRead MoreWhy Not Legalize Marijuana? Essay1173 Words   |  5 PagesMarijuana should be legalized for both recreational and medicinal use because the US economy can reap significant benefits from legalization as well as create an influx of jobs and also to reduce street and gang disputes relating to marijuana. Also, marijuana should be legalized because it has been dealt an unfair hand by society and is justifiably safer than most know it to be. First, marijuana should be legalized in the US for both recreational and medicinal purposes because there is a very substantialRead MoreResearch Proposal On Medical Marijuana1094 Words   |  5 PagesFaculty Advisor: Dr. Flora Estes Topic: Medicinal Marijuana a growing field of interest Title: Chronic Pain and the use of Medicinal Marijuana vs Opioids Introduction and Purpose of study: Medicinal marijuana has been garnering a lot of attention as 29 states and Washington D.C have legalized medical marijuana and most recently in 2016, eight (8) states have now approved recreational marijuana. Medicinal marijuana is currently being used for the treatment of many diseases such as epilepsy, nauseaRead MoreThe Regulation And Taxation Of Marijuana Act1618 Words   |  7 PagesRegulation and Taxation of Marijuana Act.† The numbers came in and beginning December 15, 2016 in Massachusetts, individuals above the age of twenty-one will now be able to legally purchase, possess, cultivate, and use marijuana, with limitations on quantity, for recreational and medicinal use under the statutes of the state laws. While the prohibition of marijuana in Massachusetts has ended, many new movements must now begin to maintain, regulate, and pursue a positive outcome. With other states thatRead MoreShould Marijuana Be Legalized?2010 Words   |  9 Pagespurchase this drug, it must first be legalized.I also think that in order for those people to be able to receive the drug they should have legal clinics where these people can access the product from. Various states around the country, more than twenty (20), have legalized the drug for medical uses only and are debating whether they should legalize it for recreational uses also. Scientist and experts have been changing their minds recently, most people have changed their minds on the drug because insteadRead MoreMarijuan What Is It?2233 Words   |  9 Pagesand lollipops. The various names for marijuana consist of grass, pot, dope, Mary Jane, weed, joints, and numerous others. Many tend to use marijuana as a way to relax and to gain a feeling of brief euphoria. Marijuana has the abilities to alter ones moods and feelings. A user of marijuana can also experience long and short term effects from using the drug. Many of the short term effects of being under the influence of marijuana include drowsiness, loss of inhibitions, increased appetite, andRead MoreThe Federal Government Must Decriminalize Marijuana Essay2419 Words   |  10 Pages Lately it seems that drug policy and the war on drugs has been in the headlines quite a lot. It is becoming increasingly apparent that the policies that the United States government takes against illegal drugs are coming into question. The mainstream media is catching on to the message of organizations and individuals who have long been considered liberal Counter Culture supporters. The marijuana question seems to be the most prevalent and pressed of the drugs and issues that are currently beingRead MoreThe History and Possible Legalization of Marijuana Essay1165 Words   |  5 PagesDrug Laws There has never been a death from marijuana overdose. â€Å"A person would have to smoke 20,000 to 40,000 times the amount of THC in a joint to overdose† (Wing). Marijuana was classified as an illegal drug in 1970, because it can be abused very easily (â€Å"infoplease†). Marijuana was then grown indoors. Marijuana is illegally used by many people daily. Marijuana should be legalized because it is naturally grown and can be used to help cancer patients, relieve stress, and be used daily. CannabisRead MoreAlcohol And Drug Use Among College Students960 Words   |  4 PagesAlcohol and drug use among college students is viewed as innoxious fun which students take part in to get away from the stress of being a student. What begins as innocent fun can quickly lead to a self-destructive path. While often referred to as substance abuse, The Diagnostic and Statistical Manual of Mental Disorders-5 redefined it as; Substance Use Disorders and explains it to be as a cluster of cognitive, behavioral and physiological symptoms which indicate that an individual continues to use a substance

Tuesday, December 24, 2019

Essay on The New Slave Sex Trafficking in America

The New Slaves: Sex Trafficking in America When most Americans hear the term ‘sex trafficking’ thoughts of helpless women and children in poor, developing, countries come to mind. However, most Americans would be downright shocked and dismayed to learn that many victims of sex trafficking reside right here in the United States. Moreover, many of the victims of sex trafficking in America were victimized by other Americans. This is a pressing national issue to which neither small, rural towns or large, urban cities is immune. What is Sex Trafficking? According to the US State Department’s 2013 Trafficking in Persons report, Sex trafficking is defined as: The act of recruiting, harboring, transporting, providing, or obtaining a person for†¦show more content†¦Children that become victims of sex trafficking are often kidnapped at a young age and spend years being raped at the hands of their kidnapper or sold to the highest bidder. In some cases, the parents of the victims unknowingly sell their children or give their child up for adoption for financial gain or in the hopes that the child will receive a good education and better living conditions. Yet this is far from the reality that the child victims of sex trafficking experience. While many see sex trafficking and a female problem, men are becoming victims of sex trafficking at alarming rate. According to an article in the Houston Chronicle: Some 45 percent of the 286 certified adult victims in fiscal year 2008 were male, a significant increase from the 6 percent certified in 2006...Seventy-six percent of all human-trafficking victims certified in 2008 were victims of labor trafficking, he said, while sex trafficking accounted for 17 percent. Five percent of victims were subject to both forms of trafficking. Maritza Conde-Vazquez, a special agent with the Houston FBI who specializes in human-trafficking cases, said there has been an increase locally in the number of male human-trafficking victims, primarily from Central and South America. The majority of the cases, she said, involve forced labor at construction sites or in agriculture. She said she could not discuss details of the cases, which are still under investigation. TheShow MoreRelatedThe Issue of Human Trafficking1512 Words   |  7 Pagesforced labor and exploitation; referring to using others for sexual exploitation, organ trafficking, and forced labor. This international crime is happening all around us and little to nothing is being done by governments. â€Å"Roughly two hundred thousand slaves are working here in America† (Madox). So the land of the free, well, it might not be so free after all. Coming in second after drug trafficking, â€Å"human trafficking generates about 35 billion dollars annually† (â€Å"The Covering House†). 35 billion isRead MoreHuman Trafficking And Its Effects On Society1273 Words   |  6 Pagesassociated with it are almost identical. Human trafficking, or â€Å"the modern slavery,† is defined as the â€Å"organized criminal activity in which human beings are treated as possessions to be controlled and exploited (as by being forced into prostitution or involuntary labor)† by Merriam Webster Dictionary (np). At any given time this affects 2.4 million people, 80% of whom are sexually exploited. This paper will highlight the tragic past of human trafficking for sexual exploitation and its current effectRead MoreHuman Trafficking : The Issue Around The Globe1532 Words   |  7 Pagesbeing used in human trafficking. Human trafficking is a topic that too many in society ignore, and it is arguably that ignorance that serves as a bigger conundrum than the topic itself. Human trafficking, also known as slavery, is when humans are sold to the highest bidder at an auction or used in businesses as slaves, and all too often these slaves are used for sexual purposes. Roughly 79% of slaves are sexually exploited according to The United Nations Protocol against Trafficking in Persons. DictionaryRead MoreThe Depravity Of Humanity : Global Human Trafficking1257 Words   |  6 Pagesâ€Å"Global human trafficking is big business† (Gale, Cengage Learning). Thi s quote in of itself warrants a deep seated fear and revulsion. But it is also true. Human trafficking is not exactly a new thing; it is as old as humanity itself. That is why Prostitution is considered the world’s oldest profession because it has been around since the birth of humanity. Also, the following sentence quote shows the age of human trafficking. â€Å"What may surprise those who think of trafficking as a recent phenomenonRead MoreHuman Trafficking Is in America1354 Words   |  5 PagesHuman Trafficking is in America, it’s in backyard and most don’t even know it. Many Americans believe that this horrible action only takes place in countries such as China, Japan, India, and Ghana but no; it happens in the United States also. The definition of human trafficking is the â€Å"illegal practice of procuring or trading in human beings for the purpose of prostitution, forced labor, or other forms of exploitation† (dictionary.com). Slavery was a bolished in 1865 in the 13th amendment in the constitutionRead MoreThe Global Impact Of Human Trafficking1640 Words   |  7 PagesThe Global impact of Human Trafficking Human trafficking is a global issue that receives very little attention throughout the modern world; this issue effects every country on the global and all different types of cultures. Hillary Clinton said in 2009 â€Å"Trafficking thrives in the shadows, and it can be easy to dismiss it as something that happens to someone else, in somewhere else, but that is not the case. Trafficking is a crime that involves every nation on earth, and that includes our own.† (BehnkeRead MoreArgument Essay On Sex Trafficking1086 Words   |  5 Pagesand have a pop up come up about buying someone. Sex trafficking has become apart of everyday life. Many people are taken everyday and forced into the ring of sex trafficking. One girl spent her whole childhood getting raped by her father and then forced to go out to bars every night and sleep with other men, then go to school the next day (Sher). Sex trafficking is a problem in the United States that can not be ignored no longer. Sex Trafficking is the act of forcing someone into performing anyRead MoreLibrary Information / Literacy Project : Human Trafficking And Slavery1117 Words   |  5 Pagesinformation/Literacy project: Human Trafficking and Slavery Introduction: Human trafficking is a global epidemic that affect millions of victims that has being trafficked for prostitution and some forms of child labor across international borders. This human illicit trade and inhuman crime produces around $32 billion in profits each year. A five-year-old chained to a rug loom in India, a domestic servant enslaved and beaten in the Middle East and sex slave trafficked within the United StatesRead MoreThe Slave Next Door: Human Trafficking in out Backyard1456 Words   |  6 Pageshear about the crime of human trafficking they automatically refer it to sex exploitation by big time gang organizations. Sexual exploitation is a big chunk of the trafficking problem in America but in reading the book The Slave Next Door you can see that there are different types of work for human trafficking. One of the unique and underrated types of trafficking is in the type of domestic slavery. This type of trafficking is not as popular for gangs and other trafficking organ izations because it isRead MoreSex Trafficking And The Rights Of The Poor And Needy1300 Words   |  6 Pagesâ€Å"Open your mouth, judge righteously, defend the rights of the poor and needy.† I want to talk about sex trafficking to present the topics in America today that are categorized to be socially unacceptable to speak of. Americans only want to hear good things and only talk about fun topics. They want to live in a perfect world, where everyone loves them and there is peace. Peace is so heavily publicized, we have even set aside a national holiday for it. What American’s are trying to publicize is a desired

Monday, December 16, 2019

The changing role of Trade unions in the UK Focus on Unite the Union Free Essays

Introduction Unite the Union, often referred to as Unite, is a British and Irish trade union with approximately 1.5 million members in diverse workplaces. Established in 2007 as a result of a merger between Amicus and Transport General Workers Union (TG), it was formed with the prospect of solving predicaments faced by employees in the European labour market (Unite the Union 2012). We will write a custom essay sample on The changing role of Trade unions in the UK: Focus on Unite the Union or any similar topic only for you Order Now The primary motivation for the two unions to emerge together was to create one of the largest and strongest trade unions in Europe. Their goal was to strengthen their bargaining power with employers in order to achieve common objectives such as better working conditions, job security, adequate wages, unfair dismissal, provision for better training facilities, higher maternity and paternity leaves, better compensation in case of injury and reduce unequal employer opportunities. (Wood 2002) Organizational Structure Unite’s structure is one in which members are encouraged to become involved and have their say. It is structured as an open and democratic organization where members have complete freedom to express their concerns associated with their workplace. Unite the Union aims at having a larger member force through which they can increase their bargaining power and thus establish a fairer society. This would prove as an advantage for the long run for Unite as recent studies claim that future trends show diminishing membership rates among unions because of bureaucratic barriers and policies (Gospel and Wood, 2003). Members of Unite are given the option to bring forward workplace concerns and issues through the policy-making mechanisms present in each industrial sector. Unite also provides the opportunity for its members to raise concerns through conferences that are held for each industry sector every year. This is to ensure that the organization receives important input from its members and campaign for the rights or concerns that are relevant for its members. The decisions made in the industrial conferences are moved forward for debate in the organizations national conference that is held every two years. Through this method, Unite ensures that its members get a chance to actively participate and involved to help shape the union’s actions. (Wood 2002) Mission of Unite the Union Unite aims to build a society that provides mutual benefits for both the employees and the employers, and by doing so hopes to enhance the success of the economy. Unite the Union continuously works towards attracting more employees by its open-door policy and engaging them effectively into the decision making process. This ensures that the union becomes stronger through its sound membership and convincing powers to amplify their voice. (Metcalf 2001) Objectives of Unite the Union The organization wishes to expand its services to individuals beyond the UK and Ireland and broaden their mission globally (Metcalf 2003a). Currently, Unite operates in many various countries in Europe and has succeeded in establishing the highest number of European Works Councils as compared to other unions. The greatest milestone achieved by Unite is the foundation of Worker’s Uniting in collaboration with United Steal Workers (USW) (Pencavel 2003).Worker’s uniting is a new international trade union, comprising of more than three million workers from different parts of the world, who work in various sectors of the economy. In alliance with Unite, USW fight towards human right issues for labourers around the globe, and campaign against unethical work standards and concerns in developing countries such as Bangladesh (i.e. child workers) and China (i.e. sweatshops) (Gospel 2003).Moreover, Unite the Union aims to create a single and powerful, global trade union that will create a solitary platform for labourers belonging to different economies (i.e. Workers Uniting – an alliance union working under Unite). In order to achieve such an objective, Unite is extending a hand to other various trade unions in various other countries, helping them with resources and policy-making in order to one day unite all trade unions together. (Metcalf 2003b, 2003c) Therefore, Unite the Union does not restrict its operations towards the protection of its own members, but extends its services towards the protection of rights and interests of workers around the globe. There are certain objectives set by Unite the Union that will eventually overcome certain trade union related obstacles surfacing and strengthen the power of the organization in terms of memberships. Ebbinghaus and Visser (2000) indicate in their study that a trend towards de-unionisation is set to occur due to the privatisation of industries, which will pose difficulties in recruiting members. However, through the organisations open-door policy, it is effectively retaining its members and providing them added benefits for joining the union (i.e. lower insurances, healthy benefits, etc) (Metcalf 2001). Another prominent future trend in trade unions is initiation of recruiting female members in trade unions. Unite hopes to conceptualize on this by campaigning against equal rights for women (Charlwood 2002). Also, another growing concern for the trade union movement is the absence of young members. Young individuals are reluctant to join unions for two main reasons, most are unemployed in the contemporary marketplace and because the see trade unions as something primitive, offering no benefits for their needs. Unite hopes to mobilize on young members by investing heavily in promoting education and training for its members. Through its alliance groups, such as First Worker’s Association (FWA) that provide education and training for its members by operating a number of training colleges and centres, Unite hopes to retain the attention of young members and attain their interest in memberships. (Arulampalam 2000) To conclude, Unite the Union claims that the creation of FWA and Workers Uniting is only a stepping stone for their future endeavours to overcome trade union barriers. They have more powerful and stronger international union formation plans in the pipeline, which once formed will achieve more goals globally with a wider worldwide impact. (Diamond 2003) REFERENCES Arulampalam, W. and Booth, A.L. (2000) ‘Union Status of Young Men in Britain: A Decade of Change’, Journal of Applied Econometrics, 15 (3): 289-310. Charlwood, A. (2002) ‘Why do Non-union Employees Want to Unionize?’ British Journal of Industrial Relations, 40 (3): 463–492. Diamond, W. and Freeman, R. (2003) ‘Young Workers and Trade Unions’, in H. Gospel and S.J. Wood (eds) Representing Workers: Trade Union Recognition and Membership in Britain, London: Routledge, forthcoming Gospel, H. and Wood, S., (2003) Representing Workers: Trade Union Representation and Membership in Britain, London: Routledge. Metcalf, D. (2003a) ‘Trade Unions’, in P. Gregg and J. Wadsworth (eds) State of Working Britain, London: Macmillan. Metcalf, D. (2003b) ‘Unions and Productivity, Financial Performance and Investment: International Evidence’, in J. Addison and C. Schnabel (eds) International Handbook of Trade Unions, Edward Elgar. Metcalf, D., Hansen, K. and Charlwood, A. (2001c) ‘Unions and the Sword of Justice: Unions and Pay Systems, Pay Inequality, Pay Discrimination and Low Pay’, National Institute Economic Review, April 176: 61-75. Pencavel, J. (2003) ‘The Surprising Retreat of Union Britain’, forthcoming in R. Blundell, D. Card and R. Freeman (eds) Seeking a Premier League Economy, National Bureau of Economic Research. Machin, S. (2000) ‘Union Decline in Britain’, British Journal of Industrial Relations 38 (4): 631–645. Metcalf, D. (2001) ‘British Unions: Dissolution or Resurgence Re-visited’ in R. Dickens, J. Wadsworth and P. Gregg (eds) The State of Working Britain, London: London School of Economics and Political Science. Wood, S., Moore, S. and Willman, P. (2002) ‘Third Time Lucky for Statutory Union Recognition in the UK?’, Industrial Relations Journal 33 (3): 215-234. Colombini, D. (2012), Vion and Unite the Union Resolve Pay Row [Online] Available at: http://www.foodmanufacture.co.uk/Business-News/Vion-and-Unite-the-union-resolve-pay-row [Accessed 21April 2012]. Fuel Tank Drivers Rejects Proposals to Avert Strike. South Wales Evening Post Available at: http://www.thisissouthwales.co.uk/Fuel-tank-drivers-reject-proposals-avert-strike/story-15858175-detail/story.html [Accessed 21 April 2012]. Olivia, F. (2012), GSLP/LIBS and Unions to Celebrate May Day Together. Gibraltar Chronicle, [Online] Available at: http://www.chronicle.gi/headlines_details.php?id=24596 [Accessed 21April 2012]. Unite the Union Calls for Increase in Health Safety Inspectors. Vox Editor Available at: http://vox.gi/local/4796-unite-the-union-calls-for-increase-of-health-safety-inspectors.html [Accessed 21 April 2012]. Unite Union Urges ‘no’ vote in Fiscal Compact Referendum. Irish Examiner Available at: http://www.irishexaminer.com/breakingnews/ireland/unite-union-urges-no-vote-in-fiscal-compact-referendum-548061.html [Accessed 21April 2012]. How to cite The changing role of Trade unions in the UK: Focus on Unite the Union, Essay examples

Sunday, December 8, 2019

Involuntary Manslaughter Everything You Want To Know

Question: What isInvoluntary manslaughter? Explain. Answer: Involuntary manslaughter means any kind or form of killing in which mens rea for murder is not present. This means that death is caused by an act of gross criminal negligence Manslaughter leading to an unlawful act is also known as constructive manslaughterThis essay describes the essential elements of involuntary manslaughter along with the types of involuntary manslaughter and a case study to illustrate them. Additionally, this essay also describes the applicability of gross negligence manslaughter to the case study that is provided and the potential criminal liability of each of the party involved in the case of Kitty. In order to constitute a crime of involuntary manslaughter the following two elements should be present: An unlawful act that is committed by the defendant that leads to death of some other person. The unlawful act should involve a danger that someone else would be harmed. A majority of the cases that is involved in the area involuntary manslaughter is related to assisting people who take drugs. However, there have been many cases in which the Courts have not held the dealer liable for deaths that have been caused by drugs. In the case of R. v Dalby, the Court did not hold the dealer liable as they held that dealer does not owe duty of care towards the customers who buy drugs from them. One important factor that is to be considered here is the link or causation that is between the act and the death of the person. In the case of R v. Kennedy, the injured party asked the defendant to give him something so that he is able to sleep. The defendant injected him with heroin and due to overdose of heroin, the victim died. The defendant in this case was held liable for manslaughter. In the case of R v. Rogers, the defendant held a tourniquet around the victims arm so that the victim could inject themselves of drugs. The Court held the defendant liable for mansl aughter, as he was involved in the injection process. Additionally, it is also important to determine the risk involved in involuntary manslaughter. This means that if a reasonable person who is watching the act will be able to identify the risk that is involved. The harm that is related to the unlawful act of the defendant should be linked with each other. The harm caused should be physical in nature. There are three types of involuntary manslaughter: Gross negligence manslaughter Reckless manslaughter Unlawful act manslaughter Gross negligence manslaughter: In this kind of involuntary manslaughter, the defendant is apparently acting legally. This type of manslaughter arises in cases where the defendant has caused death; however, he did not intend to cause the death of the victim. Hence, we may conclude that in this type of manslaughter, there is absence of mens rea. To prove gross negligence, it is important that an unlawful act was committed. Gross negligence is applicable in cases where the defendant has acted lawfully however; his action in some way or the other became criminal in nature. The following elements should be present in order to make a person liable for gross negligence manslaughter: Existence of a duty of care Violation of duty of care Breach of duty of care leads to death of the person Jury decides the criminality of the negligence In the case of R.v. Adomoko, appellant was an anaesthetist who was unsuccessful in identifying that the tube was disconnected from the ventilator of the patient. Resultantly, the patient underwent a cardiac arrest and died. The appellant was convicted for manslaughter and the Court stated that in cases of gross negligence manslaughter, ordinary principles of negligence shall be applied to notice if there has been breach of duty of care or not. In gross negligence manslaughter the duty of act includes, statutory, contractual and common law duty. In the case of, R v. Bateman, the doctor was held liable for manslaughter, as he was negligent with his treatment of women in childbirth. The doctor owed duty of care towards his patient, which he failed to exercise. Likewise, in the case of R v. Misra and Srivastava, the Court held that to constitute an offence of gross negligence, where the risk of life is associated, and the defendant owes duty of care and contravention of the duty of care has taken place. Reckless Manslaughter: In this type of manslaughter, the defendant is generally conscious of the degree of risk that is likely to cause injury to the injured party and still chooses to disregard it or remains unresponsive to it. In the case R v. Lidar, the defendant was driving the car while he was in a conversation with the victim. The rear wheel of the car crushed the head of the defendant. The defendant was held liable for reckless manslaughter. The reason behind this is that the defendant was aware of the seriousness of the harm that was related to his action. Unlawful Act: This type of manslaughter means that the unlawful act of the defendant has causes death of the plaintiff. The unlawful act of the defendant should be dangerous and there should be a causal link between the action of the defendant and the death of the plaintiff. Such an act is termed as unlawful act. In the case of DPP v. Newbury and Jones, the House of Lords held that the plaintiff should prove that the defendant had the objective to act unlawfully however; there is no prerequisite for the defendant to foresee that the act has the likelihood of causing death. In the given case, Gary was dealer in heroin, who supplied Jenny and Kitty with heroin. Kitty was only sixteen years old. Garry equipped the syringe of heroin for Jenny and Kitty. Jenny injected herself with the heroin and also injected Kitty. Jenny and Kitty went to their mothers house, Sandra. Subsequently, Kitty started showing symptoms of heroin overdose and she needed immediate assistance. Jenny and Sandra ignored her symptoms, as they were worried that the police would be involved in this case. Resultantly, Kitty dies due to drug overdose. Based on the facts, the issue that arises here is that, what is the possible criminal liability of Jenny, Sandra and Gary. Gary, Jenny and Sandra may be held liable for gross negligence manslaughter for Kittys death. The liability of each one of them is discussed as follows: Potential Criminal Liability of Gary: Gary was the heroin dealer and he was the one who provided Jenny and Kitty with heroin. He was aware of the fact that Kitty is a minor and that she should not be provided with the drug. However, Gary ignored the factor of considering her age and despite of that he prepared syringes for them, which the children injected into themselves in his presence. In the case of R v. Khan and Khan, the issue in question was about two appellants who supplied heroin to a child who was 15 years old in their house. The appellants left her in the flat and due to overdose of heroin; she went into coma and died. The plaintiff filed a suit against the appellants for gross negligence. The appeal was allowed because the trial Judge failed to direct the Jury on questions relating to law and that the facts of the case were sufficient to give rise to duty of care on the part of the dealer. It was further held that, where a matter comes before Jury for gross negligence the Jury should consider the following po ints: Whether the defendant had a duty of care towards the plaintiff Whether the defendant contravened the duty of care Did the breach lead to loss of life of the plaintiff? Did the breach lead to a criminal act thus amounting to gross negligence? For determining the liability of Gary, we first need to evaluate whether he owed duty of care towards Kitty or not. Ideally, dealers are not held liable for the death of people who die due to drugs overdose. However, since the decision of R v. Khan and Khan, where the mistake of Jury was identified, dealers are also held responsible for owing duty of care towards their customers. In this case, Kitty was a minor that is below the age of 18 years. Gary should have exercised his duty of care and should have refused providing heroin to a minor. However, he did not do so. Consequently, we may conclude that Gary breached his duty of care towards Kitty that ultimately led to her death. Thus, there was a causal link between the breach of duty of care and the result due to the breach of duty. Additionally, the breach of duty of care on the part of Gary made him commit a criminal act amounting to gross negligence. Thus, we may conclude on the part of Gary that he may be liable for gross neglig ence. Potential Criminal Liability of Jenny: Jenny was Kittys sister and she was elder to Kitty. Kitty was only 16 years old while Jenny was 19 years old. Jenny injected Kitty with the syringe while Kitty was shaking and was unable to take to inject herself. This is the first breach of duty of care on the part of Jenny. After they took the injection, they went to their mothers house where Kitty was showing signs of heroin overdose. However, Jenny ignored the symptoms of heroin overdose in fear of police getting involved in this case. This was the second breach of duty on the part of Jenny. In the case of, Rv. Evans, the appellant was convicted of gross negligence manslaughter along with her mother for the death of a 17 years old girl named Carly. Carly died of drug overdose. The appellant was about eight years elder to Carly. The appellant bought heroin from a drug dealer and gave the drug to Carly. Carly injected the drug, however, soon after sometime she was showing signs of drug overdose, which the appellant from her own ex perience was able to understand. Both the appellant and her mother thought of not seeking medical help in fear of getting into trouble. Resultantly, Carly died. The Judge held that the duty of care on the part of the appellant arose not from her action of assisting Carly but from providing her with heroin. The appellant created a situation so dangerous in nature and additionally failed to take action to decrease the risk of calling assistance, which could have ideally saved her. The Judge made the appellant liable for not having a familial relationship with her but for breaching her basic duty of care. Had there been any other person in place of her sister, she would still be made liable for breach of duty of care, as the basic level of care is expected out of every individual. Similarly, in the given case study as well, Jenny can be held liable for gross negligence manslaughter as she failed to exercise her duty of care towards Kitty by supplying her with heroin and secondly by not providing her appropriate medical assistance at the time when she urgently needed it. Hence, Jenny committed two breaches of duty of care, which can make her liable for gross negligence manslaughter. Hence, to make a person liable for gross negligence it is not only confined to cases to familial relationship between the plaintiff and the deceased. Nevertheless, creation of a state of issues in which the defendant should have utilised his basic duty of care however, he failed to use the duty leading to creation of circumstances that is life threatening also leads to breach of duty of care. Additionally, breach of duty of care is also committed where it is expected out of a reasonable man to take steps for prevention of a situation that may lead to death of the person. If the person fails to use this duty, he may be held liable for breach of duty. Thus, Jenny is liable for gross negligence manslaughter. Potential Criminal Liability of Sandra: Sandra was Kittys mother and after injecting themselves with syringe, they went to her house. It was at Sandras house that Kitty started showing signs of heroin overdose. Both Jenny and Sandra ignored her medical condition in fear of police case because of which Kitty died. In this case, though Sandra was not involved in providing Kitty with heroin, however, she may still be liable for gross negligence manslaughter as she ignored her child when she was in need of medical assistance. In the case of R v. Gibbins and Proctor, parents were liable due to their wretched behaviour towards their child for starving them to death. Both the husband and the wife failed to understand the consequences of starvation because of which the child died. The husband was the biological and the legal father of the child and the mother was the common law wife to feed the child. While it was the responsibility of the father to take care of his child, the mans common law wife was also held liable as she recei ved money for food from her husband. The relationship that exists between the mother and the child can give rise to a very special relationship. In a relationship that exists between mother and the child, one does not necessarily need to direct the mother about her duties towards her child. In this case, Sandra failed to exercise her duty of care towards her child. Jennys apprehension can be understood, as she was afraid of getting the police involved in this matter, however, Sandras apprehension was not making sense as she was not even part of providing drugs to Kitty. As a parent, she should have utilised her duty of care obediently by providing medical assistance to Kitty the moment she was showing symptoms of drug overdose. She should have saved the life of her daughter instead of acting wretched. Hence, Sandra can also be held liable for gross negligence manslaughter as she breached her duty of care towards her daughter. Conclusively, it may be stated that gross negligence manslaughter is one of the most common criminal acts in the United Kingdom in relation to consumption of drugs and drugs overdose. It has been noted that young people die an early death because of drug overdose and people who are convicted of gross negligence manslaughter are often parents, siblings or relatives of such people. The high level of intoxication restricts them from applying their basic duty of care and this consequently creates a problem for them in the form of conviction of gross negligence manslaughter. There is a need for creation of strict laws in the United Kingdom regarding consumption of drugs amongst young people and this will lessen conviction of gross negligence manslaughter. References: Adomako, R v (1994) HL Crump, David. "UNINTENTIONAL KILLINGS (NEGLIGENT HOMICIDE, INVOLUNTARY MANSLAUGHTER, DEPRAVED-HEART AND FELONY MURDER): SHOULD WE HAVE DIFFERENT VIEWS OF FELONY MURDER, DEPENDING ON THE GOVERNING STATUTE?."Tex. Tech L. Rev.47 (2014): 113-939. Field, Sarah, and Lucy Jones. "Is the Net of Corporate Criminal Liability under the Corporate Homicide and Corporate Manslaughter Act 2007 Expanding?."Business Law Review36.6 (2015): 216-219. Finch, Emily, and Stefan Fafinski.Law Express: Criminal Law (Revision Guide). Pearson Higher Ed, 2014. Finch, Emily, and Stefan Fafinski.Law Express: Criminal Law. Pearson Higher Ed, 2016. O'Malley, Shaun. "Corporate Manslaughter and Corporate Homicide Act 2007: Implications for healthcare providers."Journal of Management Marketing in Healthcare(2013). Prendergast, David. "Gross negligence manslaughter in Irish law."Dublin ULJ37 (2014): 267. R v Bateman19 Cr App R 8 R v Dalby(1982) 74 Cr App R 348 R v Evans[2009] 2 Cr App R 10 R v Khan and Khan [1998] EWCA Crim 971 R v Lidar [1999] R v(1883).Gibbinsand Proctor Sanders, Andrew, and Danielle Griffiths. "Following the Law or Using the Law? Decision-Making in Medical Manslaughter."Exploring the'Legal'in Socio-Legal Studies(2015): 225. Soothill, Keith, and Brian Francis. "Homicide in England and Wales."Handbook of European Homicide Research. Springer New York, 2012. 287-300. Vaughan, Jenny. "Gross negligence manslaughter and the healthcare professional."The Bulletin of the Royal College of Surgeons of England98.2 (2016): 60-62. Woodley, Mick. "Bargaining over Corporate Manslaughter-What Price a Life."J. Crim. L.77 (2013): 33. Crump, David. "UNINTENTIONAL KILLINGS (NEGLIGENT HOMICIDE, INVOLUNTARY MANSLAUGHTER, DEPRAVED-HEART AND FELONY MURDER): SHOULD WE HAVE DIFFERENT VIEWS OF FELONY MURDER, DEPENDING ON THE GOVERNING STATUTE?."Tex. Tech L. Rev.47 (2014): 113-939. O'Malley, Shaun. "Corporate Manslaughter and Corporate Homicide Act 2007: Implications for healthcare providers."Journal of Management Marketing in Healthcare(2013).