Graduate School Philosophy and Goals Essays

Graduate School Philosophy and Goals Essays Graduate School Philosophy and Goals Essay Graduate School Philosophy and Goals Essay To me, jewelry design is an art and a way in which my creativity can shine through. Growing up, I watched as my mother expressed her creativity and talents through jewelry in Korea and could see the joy that it brought to her and to the people who bought her pieces. Later, as I began to design jewelry, I realized how incredible it felt to create something special for someone else, or even for myself. Often, the piece that you create has a sentimental value for someone else or, other times, it is the only thing in the world that the person has of any value. The feeling of fashioning something beautiful from nothing is one that has stayed with me from my youth. In terms of my goals, I have recently graduated after studying Jewelry Design for four years as an undergraduate, where I was on the Dean’s List. I have experienced the â€Å"real world† experience of working during a summer internship and at my current employer since my graduation. For me, a graduate degree would be the logical next step in furthering my career and my art of designing jewelry. While you cannot teach everything about designing jewelry as I believe some of it simply comes from inside a person and their own creativity, I am certain that I will be able to learn a great deal about the business end and be able to continue my education on issues that I found interesting as an undergraduate. As a graduate student, I hope to be challenged by the curriculum and be able to study under more professors, learn new techniques and experience more opinions so that I can take that into my own career and become a successful jewelry designer. :

ESL Beginning Level Writing Projects

ESL Beginning Level Writing Projects These short writing  assignments  are designed for  lower level classes  and give students an opportunity to write about a number of basic subjects including: studies, hobbies, travel, likes and dislikes, application forms, and work emails. Feel free to use the writing exercises in class or expand with further topics. Improve Descriptive Writing Students need to improve  sentence-level writing skills in order to expand into paragraphs. One problem students often face is a lack of descriptive language. Provide a list of descriptive adjectives, prepositional phrases, descriptive verbs, and adverbs and ask students to expand simple sentences into more descriptive language.   Descriptive Writing Exercise Use the following phrases to expand the simple sentences by adding  details with adjectives, prepositional phrases, and adverbs:   in the morning, slowly,  twice a week, down the street, at the moment, sweetly, fun-loving, a quick game of, quickly, difficult, long hot The children played soccer.I take classes.The man is singing a song.I get up early and take a shower. Application Forms Help students become fluent in understanding and filling in forms. If students are preparing for job interviews, create an extended application form using a standard job application template. Heres a less ambitious exercise to get students started. English Studies You want to go to a language school to study English. Fill in the application form. Finish the application form with a short paragraph about why you want to learn English. English Learners Plus Last NameMr./Mrs./Ms.First Name(s)OccupationAddressZip codeDate of birthAgeNationality Why do you want to learn English? Home Stay Program You want to stay with a family while you study English. Fill in the application form. In order to find the right family to stay with, write about your interests and hobbies. Family Exchange Last NameMr./Mrs./Ms.First Name(s)OccupationAddressZip codeDate of birthAgeNationality What are your hobbies and interests? Emails and Posts Students should also feel comfortable making short posts online and writing emails or informal letters.  Here are a few prompts to help them practice: You are on vacation at the beach. Write an email to your friend about your vacation.Write an email to a close friend with some new information about another friend.Post a comment on social media about a topic you are interested in.Write a short blog post to let your online friends know about your latest hobby. Short Emails to a Colleague Many students also need to use English for work. Provide prompts for students to help them practice writing work-related emails. Here are a few suggestions: Email a colleague to arrange a meeting for next week. Remember to arrange the time and meeting place.Reply to a colleagues email about a problem at work. Be sure to provide a solution or some advice about the problem.  Contact a business to ask some questions about one of their products. Use product and technical information found on the internet to ask more precise questions.   Continuing the Discussion Students should also practice carrying on a conversation via email. Use short prompts loaded with questions that demand a response: Read this email from your friend and respond to the questions: So, the weather has been great and we are having a fun time here in Switzerland. Ill be back at the end of July. Lets get together! When would you like to see me? Also, have you found a place to live yet? Finally, did you buy that car last week? Send me a pic and tell me about it! Comparing and Contrasting Help students become familiar with comparative language by asking them to use specific language such as subordinate conjunctions or connective adverbs. Here are a few suggestions: coffee/tea - even though, however, butshopping / hanging with friends - while, on the other hand, yetplaying soccer / watching TV - although, similarly, andcooking/eating - though, also, so,  studying English / studying math - like, even though, and The key to helping lower level students with writing is to keep the task very structured. Teachers sometimes ask students to produce longer writings such as essays before students have control of sentence-level writing skills. Make sure to help them build the skills before they move on to more ambitious writing tasks.

Ethical, Legal, or Sociocultural Issues Assignment

Ethical, Legal, or Sociocultural Issues - Assignment Example In the context of counseling, ethics is referred to as the philosophical discipline concerned with the standards that govern conduct perceived to be acceptable by a culture or society. Ethical considerations for carrying out testing and measurement, in any psychological context, from a participant perspective should include informed consent obtained from all the participants, voluntary participation and adhering to confidentiality of participant information like identity. Legally, all psychometric tests and measurements have to be performed by competent test users according to the regulation. According to the International Test Commission (ITC), â€Å"A competent test user will use tests appropriately, professionally, and in an ethical manner, paying due regard to the needs and rights of those involved in the testing process, the reasons for testing, and the broader context in which the testing takes place† (Dobbie & Fitzgerald, 2003). Abiding by the ethics codes such as confidentiality, right to informed consent, and voluntary participation are also covered under legal boundaries. From a sociocultural perspective, biasness in testing and measurement is the most common possibility. The psychologists involved in testing should have sensitivity, knowledge, and skills to work with individuals and groups with a diverse range of strengths and needs from a variety of racial, cultural, ethnic, experiential, and linguistic backgrounds. With this expertise, the psychologists will be able to reduce and/or eliminate possible biasness caused by these sociocultural norms, thereby helping participants of all backgrounds feel welcomed and appreciated in the group (NASP, 2000). The AMCD multicultural counseling competencies (Toporek et al, 1996) also advocates the counselor to educate their clients on the intention of psychological interventions such as goals, expectations, legal rights and the counselor’s

ETHICAL ISSUES IN LAW ENFORCEMENT Essay Example | Topics and Well Written Essays - 750 words

ETHICAL ISSUES IN LAW ENFORCEMENT - Essay Example The case presented says that on being a police officer and being sent to an accident spot, I discover that my car is involved in the accident. It appears that my spouse is involved in the accident. However, moving closer, I learn to my shock, that my spouse is badly hurt; and her illegitimate lover is also in the car. I am devastated on learning that I have been cheated upon. Both of them lay in badly tattered conditions and are literally on their death beds, begging for help and treatment. Now, both the individuals----my spouse and her lover---are on their death beds and I can save only one, since at least one of them would bleed to death. At this juncture, I need to take the call as to whom I would like to save; since time is a constraint and we could lose them any minute. This is certainly one of the most testing times, in my personal and professional lives intertwined together and I need to prove my mettle in this testing time. My objectivity is questioned at this point, since I need to play the role of a police professional and a husband, who is cheated upon and whose spouse and her lover are on their death beds. Besides this, I also need to act at the nick of the moment and take the decision fast.At this moment of uncertainty and chaos, hurt and confusion, I decide that I would save my spouse. This is because I still love her unconditionally and would not allow any deception or other causes to hamper my love and devotion. However, here, I would have to also retain my objectivity and humanity. Therefore, I hand over my phone to a passerby and ask the person to call up the emergency ambulance. This would ensure the safety of the other individual as well. The passengers-by assure to help me out and cater to his needs. I hand over my walkie-talkie to one of them and rush to the hospital with my spouse. I stay in touch with him, with regard to the progress at the other end. This way, I am certain thta the other individual would recoup soon.Meanwhile, I take up all the necessary steps to ensure that my spouse gets treatment. I rush her to the hospital, and perform small first aid steps on the way. I offer moral support. In spite of her guilt, I try to make her feel safe and secure. The wrong-doings can be sorted out later. However, life is more important at the moment.Meanwhile, I also correspond with individuals and deputy officers at the spot, about the health of the other individual. I see to it that both emerge safe. However, I would definitely confront the individual and m y spouse once they get better and would demand an explanation. Legally, I would take up the necessary action and find out the root cause for the accident. A case would be booked under the law concerned, for instance, speed driving. This would be in accordance to the laws and

The Need for Cultural Sensitivity in Multicultural Special Education Essay Example for Free

The Need for Cultural Sensitivity in Multicultural Special Education Essay Teachers in this changing multicultural society need to be aware of challenges in teaching English Language Learners as well as African-American students. Labeling students immediately as having a learning disability is a disservice not only to the student it is affecting, but also the entire school system. Teachers must learn to incorporate multicultural activities into their teaching style, which would allow them to connect with as many of their diverse students as possible. â€Å"For many multicultural learners, the noble ideal of leaving no child behind has not yielded the desired dividends in general and special education. †(Obiakor 148). I believe that students of all ethnic backgrounds would benefit from their teacher being more sensitive to their diverse cultures and backgrounds. Festus E. Obiakor’s article regarding† Effective Intervention for Today’s Schools† portrays a 9 year-old student named Ricardo whose teacher does not understand his culture and diversity. Ricardo spoke English with an accent, and had a hard time relating to his classmates. The teacher actually had made a note that he was trouble and did not get along with his peers (148). Ricardo was ultimately labeled as having a behavior disorder and was put into a special education classroom. Unfortunately, this is an alarming trend that is occurring in our nations Ramirez 2 schools. â€Å"Students learning English were disproportionately identified as having a disability in the three largest urban districts. †(Turnbull 79). Obiakor notes in his article, that according to the U. S. Department of Education in 2001 that although Hispanic students made up 4% of the general public school enrollments, there was a national average of 14% of these students being placed in special education services(149). This is where teachers need to turn to the theory of cultural relativism. If educators were able to â€Å"know what it is like to be a member of the second culture and to view the world from that point of view,† (Gollnick and Chin 17), teachers would be able to better understand the needs of their students of various ethnic backgrounds. Rather than place them in special education services hastily, by understanding the other culture, teachers perhaps would stop judging the ethnic minority students behaviors as deviant, and put aside their cultural biases (Obiakor 149). If an educator gains an understanding of their students’ background, becoming in-tune with their cultural nuances, they will then begin to turn the tide of stereotyping these students as having special needs. Culturally biased standardized tests are also another factor that affects the student from another culture to be unfairly marked as needing special education. â€Å"Unjustifiable reliance on IQ and other evaluation tools, high-stakes testing, and power differentials between minority parents and schools may also be contributing variables. †(Gollnick and Chin 185). Educators need to recognize that students may fail these tests due to differences in the child’s cultural and linguistic backgrounds. Festus E. Obiakor’s article states that African American learners in special education are continuing to experience â€Å"inadequate general and special education services. †(p. 28) African American students are among the highest ethnic group placed in special education services, due to the process of over-referrals. â€Å"â€Å"With over-referrals, teachers tend to make Ramirez 3 excessive referrals of students of color for placement in special education classes for students with disabilities. †(Gollnick and Chin 183) The disproportionate placement of students of color is one of the most problematic issues facing education (Gollnick and Chin 180). Many students, according to Obiakor’s article who attend urban settings are often labeled â€Å"slow learners† or â€Å"learning disabled†, which in turn takes them out of the running for higher educational opportunities(29). As is the case with Hispanic students, African American culture is not understood by the majority of teachers, most of whom have typically been White. I believe if teachers and administrators take on a culturally responsive aspect to their lessons, they eventually would stop making such rash assessments on these culturally diverse students, eventually allowing these students to be assessed according to their real capabilities, not based on their ethnocentric attitudes and feelings. As a future educator, I realize the need to challenge myself and my peers to become culturally and emotionally sensitive to students of diverse backgrounds. Labeling a child as learning disabled when they are in fact not, is a tragedy that none of us should make. Multicultural students will not only have to deal with discrimination based on their race, but they will also have to deal with the negative connotation a special education label may bring to them. Teachers have such an important role in a child’s life that it is important to try our best not to negatively impact any child. By understanding how a culture learns, the teacher needs to develop a curriculum that is culturally and historically relevant to these children. Educators need to take into account the vast learning styles of these students to make sure that we are not making the mistake of mislabeling a child as having a learning disability, when in fact, one is not present. References Obiakor, Festus E. (2007) Multicultural Special Education: Effective Intervention For Today’s Schools. Intervention In School and Clinic. Volume 42(3), pages 148-155. Obiakor, Festus E. (2010) African American Learners In Special Education: A Close Look at Milwaukee. Intervention In School and Clinic. Volume 5(2), pages28-48. Turnbull, A. (2010) Exceptional Lives: Special Education in Today’s Schools. (R. Turnbull, Michael Wehmeyer, Eds. ) New Jersey: Merrill.

Oliver Twist Essay -- Essays Papers

Oliver Twist A Criticism of Society or a Biography With all of the symbolism and moral issues represented in Oliver Twist, all seem to come from real events from the life of its author, Charles Dickens. The novel’s protagonist, Oliver, is a good person at heart surrounded by the filth of the London streets, filth that Dickens himself was forced to deal with in his everyday life. It’s probable that the reason Oliver Twist contains so much fear and agony is because it’s a reflection of occurrences in Charles Dickens' past. Oliver Twist also brought to light the evils of social injustice and the victims of it. During his childhood, Charles Dickens suffered much abuse from his parents. This abuse is often expressed in his novel. For example, while suffering from starvation and malnutrition for a long period of time, Oliver was chosen by the other boys at the orphanage to request more gruel at dinner one night. After making this simple request, the master (at the orphanage) aimed a blow at Oliver's head with a ladle and placed him confinement. As noted by Patricia Marks in her article on Dickens, â€Å"childhood experience and suffering had emerged as a significant new topic in romantic poetry, and Dickens was personally impelled towards it by memories of his own pre-teenage years when, with the rest of his family in prison and himself alone, he was thrown into manual labour.† Dickens was even quoted as saying, â€Å"I might easily have been, for any care that was taken of... Oliver Twist Essay -- Essays Papers Oliver Twist A Criticism of Society or a Biography With all of the symbolism and moral issues represented in Oliver Twist, all seem to come from real events from the life of its author, Charles Dickens. The novel’s protagonist, Oliver, is a good person at heart surrounded by the filth of the London streets, filth that Dickens himself was forced to deal with in his everyday life. It’s probable that the reason Oliver Twist contains so much fear and agony is because it’s a reflection of occurrences in Charles Dickens' past. Oliver Twist also brought to light the evils of social injustice and the victims of it. During his childhood, Charles Dickens suffered much abuse from his parents. This abuse is often expressed in his novel. For example, while suffering from starvation and malnutrition for a long period of time, Oliver was chosen by the other boys at the orphanage to request more gruel at dinner one night. After making this simple request, the master (at the orphanage) aimed a blow at Oliver's head with a ladle and placed him confinement. As noted by Patricia Marks in her article on Dickens, â€Å"childhood experience and suffering had emerged as a significant new topic in romantic poetry, and Dickens was personally impelled towards it by memories of his own pre-teenage years when, with the rest of his family in prison and himself alone, he was thrown into manual labour.† Dickens was even quoted as saying, â€Å"I might easily have been, for any care that was taken of...

Corporate Governance and Ethical Responsibility Essay

1. Determine at least three different internal and external stakeholders that Dr. DoRight might have to deal with on a daily basis at the hospital. Stakeholders are individuals who are involved in, have a vested interest in, or a â€Å"stake† in the success of an organization (Merriam-Webster, 2011), such as a hospital. Dr. DoRight is an influential decision maker as the President of the Universal Human Care Hospital and it is important for him to consider how his decisions and actions affect the stakeholders of the hospital. In the course of his daily activities Dr. Do Right will interact and impact many of the hospital’s internal and external stakeholders. Internal stakeholders are be committed to an organization’s success. Often internal stakeholders will participate in the strategic development of coordinating resources to fund and sustain an operation. Examples of internal stakeholders which Dr. DoRight might engage daily would be: Director of Public Health, Head of Health Intelligence and Information, Director of Nursing, Public Health Strategists, Vice President of Human Relations or Members of the Board of Trustees (Markwell, 2010). External stakeholders are not directly connected to the organization; however, they are vested in the hospital’s success as clients, business or community partners. These stakeholders have influence over organizational activities by contributing their views and experiences related to issues which are important to them. Medical providers or suppliers, Patient Advocacy Groups, Quality Assessors, the Media, and Heads of Local Community and Special Interest Groups are examples of external stakeholders Dr. DoRight may deal with on a daily basis (Markwell, 2010). 2. Compare and contrast potential conflicts of interest that may exist between the internal and external stakeholders. Conflicts of interest exist between the hospital’s internal and external stakeholders. Medical providers such as, staffed research doctors or pharmaceutical manufactures want to provide the ‘best’ wellness plan by providing cutting-edge tests, treatments and medications which are likely to be more expensive to the payer or patients. Payers, such as insurance providers and private paying patients, would prefer a more cost effective approach to wellness with accurate diagnosis and treatments with fewer visits and tests (Wiseman, 2005). Although internal and external stakeholders may have different priorities, they will share common objectives. All stakeholders will share common ambitions for Universal Human Care Hospital to provide quality medical services to its patients. Additionally, all stakeholders will appreciate the hospitals efforts to improve the quality of life for the community it directly serves. (Markwell, 2010). 3. Discuss whether Dr. DoRight has fulfilled his ethical duty by reporting the illegal procedures. Dr. DoRight has reported the illegal procedures and patents dying due to negligent supervision and oversight to his Regional Director, Compliance Manager, as well as an Executive Committee in January 2009, but he has not fulfilled his ethical duty. As a doctor it is his responsibility to protect all patients from criminal acts including the illegal procedures and negligent supervision which has been reported at Universal Human Care Hospital. As there has been no result from the investigation after two years he has a responsibility to take further action to preserve the lives of patients. His ethical duty should include reporting the illegal procedures, as well as, the negligent supervision and oversight to higher ranking internal authorities. If the appropriate investigation and corrective actions do not occur he has a further ethical obligation to report the incidents to external authorities. As a doctor he is legally bound to take reasonable action. The law recognizes several exceptions the â€Å"no duty to rescue† rule and several apply to Dr. Do Right’s ethical dilemma (Halbert & Ingulli, 2012). Continued deaths due to negligence and illegal procedures should be reported beyond the Regional Director, Complianc e Manager and the Executive Committee as the failure to do so may result in his dismissal or even criminal prosecution. As a doctor he assumes contractual responsibilities to medically help others, and prevent them from being harmed. Patients in the hospital in which he is President may be lulled into a false sense of security, believing they will be helped, only to be neglected when lifesaving assistance is needed. Doctors and nurses employed in the medial facility which he oversees are endangering their patients and he is currently participating in creating a dangerous situation for several patients. Finally, there is a â€Å"special relationship† between Dr. DoRight’s medical facility and their patients. This relationship has a degree of dependency from the patient to the hospital and those whom govern the medical facility. As the President of Universal Human Care Hospital he is required to reasonably protect all patients from harm including the protection from the illegal procedures performed by the medical staff, and neglect or oversight of the supervising staff (Halbert & Ingulli, 2012). 4. Describe the deontology principle and apply it to the ethical dilemma that Dr. DoRight faces in this case. The deontology principle â€Å"is marked by steadfastness to universal principles †¦[of] respect for life, fairness, telling the truth, keeping promises – no matter what the consequences† (Halbert & Ingulli, 2012). Immanuel Kant, the most famous deontological thinker, believed humans could rationally develop an absolute set of rules to govern behavior, and these rules should be applied in all situations without consideration of the consequences. For example, Immanuel Kant believed there is a never good time to lie, even if it could produce a favorable outcome, such as lying saving someone’s life (Halbert & Ingulli, 2012). Under the deontology principle, moral and ethical behavior â€Å"is a matter of holding, without exception, to certain principles† or categorical imperatives (Halbert & Ingulli, 2012). The first of these principles is that people should act under the assumption that the same action they chose should be repeated if roles were reversed and they ended up on the receiving end of those actions. In Dr. DoRight’s ethical dilemma a deontological approach would require him to make his decisions in the frame of reference of being a patient whose death resulted from the hospital’s negligence or oversight. If Dr. DoRight made decisions in this frame of reference it is doubtful two years would pass without any definitive findings from the internal investigation into patient deaths (Halbert & Ingulli, 2012). Another categorical imperative of the deontology principle is that it is unethical for people to use others for their own gain. A mutually beneficial relationship should exist where all stakeholders gain something they want. In Dr. DoRight’s ethical dilemma, the relationship could be mutually beneficial if the patient receives suitable medial services and attention in exchange for monetary compensation. Dr. DoRight’s decisions can be considered unethical as the relationship is not mutually beneficial. Patients within his hospital to continue to die as a result of a variety of illegal procedures, while Dr. DoRight continues to win awards for his leadership and meeting his business goals (Halbert & Ingulli, 2012). Patients have a right to make a fully informed decision when selecting their medical providers. Making fully informed decision for oneself is â€Å"of great ethical value in deontology† (Halbert & Ingulli, 2012). In the last two years, Dr. DoRight has told his Regional Director, Compliance Manager and the Executive Committee about the patient deaths due; however, disclosures are not provided to patients. With the insight of increased mortality rates due to the illegal procedures coupled with negligence and oversight it less likely patients will chose his medical facility for their health care needs. It is unethical according to the deontology principles to keep this information from patients. An infringement is being placed on some of the patients most basic rights; the right to life and health. Within the deontology principle this is never acceptable. Dr. DoRight falls short of several deontological principles, and is unethically infringing on the rights of his patients who are dying as a result of his decisions (Halbert & Ingulli, 2012). 5. Describe the utilitarianism principle and apply it to the ethical dilemma that Dr. DoRight faces in this case The utilitarianism principle guides individuals, like Dr, DoRight, to ethically â€Å"behave in a given situation †¦ to choose an alternative that is likely to produce the greatest overall outcome.† This principle evaluates the advantages and costs of an individual’s actions not only for the decision maker, but for all stakeholders who will be impacted by the decision. Within the utilitarianism principle the long and short term consequences to the stakeholders are analyzed when evaluating a dilemma, while weighing the size of the group and the effects of the decision upon the stakeholders (Halbert & Ingulli, 2012). In Dr. DoRight’s dilemma some consequences may be shared by numerous stakeholders, both internal and external. For example, the media could tarnish the reputation of the hospital and several of its staff by publicizing the deaths as pre ventable. This consequence could result in an increase of livelihood for external stakeholders such as the media, medical malpractice attorneys, or the extended family member of deceased patients. At the same time, it could result in the loss of livelihood amongst internal stakeholders such as; doctors, nurses and other members of as the hospital’s 5,000 employed staff (Halbert & Ingulli, 2012). Smaller external stakeholders carry the burden of the greatest negative consequences. Most costly would be the loss of life to patients who died as a result of illegal procedures and negligent supervision. Although this group of stakeholders may be small in comparison to the 20,000 patients treated at the hospital, â€Å"losses of life and health weigh heavily on the scale† when assessing the consequences of a decision within the utilitarianism principle (Halbert & Ingulli, 2012). The causes of deaths have not been revealed after two years of internal investigation. If an outside organization investigated the details of the illegal practices and neglect it could negatively impact some internal stakeholders. An external investigation could have a negative impact on hospital finances, the Executive committee, and the livelihood of the Regional Director, Compliance Manager or their direct staff. On the other hand, patients, doctors and other stakeholders could benefit from this same decision in the form of additional staffing, proper training and technology to provide accurate diagnosis. Ultimately, the short-term costs a few internal stakeholders of the hospital would be outweighed by the long-term benefits to several stakeholders if Dr. DoRight made this decision (Halbert & Ingulli, 2012). References Halbert, T. & Ingulli, E. (2012). Law, Ethics, Business. In Law & Ethics in the Business Environment (7th ed.). Mason, OH: South-Western Cengage Learning. Markwell, S. (2010). Health knowledge. Retrieved from http://www.healthknowledge.org.uk/public-health-textbook/organisation-management/5b-understanding-ofs/managing-internal-external-stakeholders Merriam-Webster. (2011). Stakeholder. In Merriam-Webster Dictionary. Retrieved from http://www.merriam-webster.com/dictionary/stakeholder Wiseman, B. (2005). Who are the stakeholders in healthcare?. Retrieved from http://patientsafetyed.duhs.duke.edu/module_a/introduction/stakeholders.html

Business Law, the Laws Applied in This Case Study Essay

Introduction Funster had suffered three forms of losses in this factual matrix, namely the broken ribs, the damaged iPhone and the torn T-shirt. Prima facie, Magic Studios is liable for the negligent damage caused to Funster. Therefore, whether Magic Studios should bear liability for the damage hinges upon whether they can successfully rely upon the exclusion clause set out in the ticket. The approach taken by the courts on determining the applicability of the exclusion clause is neatly set out in Press Automation Technology v Trans-Link Exhibition Forwarding [2003] 1 SLR 712. A court will first determine whether the clause is successfully incorporated, before applying the common law principles of construction to determine if it can be enforced. Following that, it will then apply the Unfair Contract Terms Act [UCTA] to determine if the clause can indeed be struck out by statute. Each point of law will be discussed in turn. Incorporation Two issues regarding the incorporation of a term arise in this case. The first is whether the term has been incorporated before the formation of the contract, and the second is whether there has been reasonable notice on Monster Studio’s part. Both issues will be discussed consecutively. On the first issue of incorporation before formation of the contract, the law is clear that terms should be incorporated into the contract before formation (Thornton v Shoe Lane Parking, [1971] 2 QB 163) [Thornton]. The terms and conditions of a contract should be well known to both parties before they are made to bear legal responsibilities under the contract. Therefore, the notice of a ticket must come before its formation. Elsewise, it will not be enforceable. In this case, it is likely that a court will decide that the term has been incorporated before offer and acceptance. This is because Magic Studios has clearly placed a sign above the ticket booth that certain terms and conditions will apply. Funster thus entered into the contract knowing that certain terms will apply to the transaction. In conclusion, the term would thus be properly incorporated into the contract. On the second issue of reasonable notice, the applicable law is clearly set out in the landmark English case of Parker v South Eastern Railway Co (1877) 2 CPD 416 [Parker] that the recipient of a ticket is bound if â€Å"he had reasonable notice that the document contains terms†, even if he remains ignorant of the terms. This means that the term can be incorporated into the contract only if it is reasonable that an ordinary person would have noticed the existence of such a term. The law in Parker was further clarified in Thornton that where the court held that if the party seeks to enforce an onerous term, it must take additional steps to bring its presence to the other party’s notice. In this case, it is clear that Magic Studios should be deemed as having successfully incorporated the exclusion clause. By using an obvious red font, it had clearly brought to any customer’s attention that there are underlying terms and conditions on the ticket. In any case, Funster had consulted an attendant about the exclusion clause and cannot claim that he does not know of such an underlying term. In conclusion, by applying the clear rules set out in Parker and Thornton, the exclusion clause should be successfully incorporated. Common law principles of construction Following the successful incorporation of the exclusion clause, the next issue is whether the clause can be enforceable by applying the common law principles of construction. As held clearly in Emjay Enterprises Pte Ltd v Skylift Consolidator, [2006] 2 SLR(R) 268, the rule of construction approach will be taken in Singapore where exclusion clauses are concerned. Following the landmark decision in The Suisse Atlantique, [1967] 1 AC 361, the court will determine, through a fair construction of the contract, if the parties have intended for such an exclusion clause to be enforced. Courts have traditionally taken a strict approach towards enforcing exclusion clauses purporting to exempt total negligence (Canada Steamship Lines v The King, [1952] AC 192, but following the enactment of UCTA, such a requirement has been visibly relaxed or non-existent [Jiang Ou v EFG Bank AG, [2011] SGHC 149) [Jiang Ou]. Applying the law to the relevant facts, it should be clear that the common law requirement of construction should be fulfilled. Both Funster and Monster Studios can be said to have reached an agreement as to the enforcement of this clause since Funster had only bought the ticket after seeing the large sign containing â€Å"terms and conditions apply† above the counter. Funster must thus have entered into the contract knowing that certain terms and conditions may apply. Moreever, as seen in Emjay, the court is reluctant to reject any claims at this stage of the inquiry, preferring to use UCTA to weed out unmeritorious exclusion clauses. In conclusion, the clause can thus be successfully enforced, pending passing the requirements in UCTA. Unfair Contract Terms Act As mentioned earlier, Funster had suffered three types of damages – personal injury, damage to iPhone and damage to T-shirt. Each of the damage will be discussed in turn using the appropriate provision in UCTA. Broken Ribs Section 2(1) of the UCTA clearly states that a person cannot â€Å"exclude or restrict his liability for death or personal injury resulting from negligence†. This clearly shows that parties are not allowed, under the law, to exclude liability for personal injury or death. Such a provision was written into law in order to protect parties, especially vulnerable ones such as customers to theme parks who might not have equal bargaining power, in cases whereby one party’s negligence have caused serious injuries or even death. Applying the s.2(1) to the facts, it is clear that Funster can claim for negligence with regards to the broken ribs he has suffered. Broken ribs belong to the category of â€Å"personal injury† in s.2(1), and a party clearly cannot exclude liability for such personal injury. As Monster Studios is already prima facie negligent, whether Funster can claim damages for his broken ribs hinges solely upon the application of s.2(1) of the UCTA. Applying the strict requirement in s.2(1), it is clear that Monster Studio cannot exempt liability for the personal injury that Funster has suffered. In conclusion, Monster Studios cannot rely on the exemption clause to exempt liability for Funster’s broken ribs. Damaged iPhone and Torn T-shirt Both the damaged iPhone and torn T-shirts may be classified under other forms of damage, applicable under â€Å"other losses and damage† under s.2(2) of UCTA. It is thus important to look at the relevant provision, which states that Monster Studio’s liability cannot be excluded except where it is reasonable to do so. While s.2(2) does not state what the term â€Å"reasonable† means, this is clarified in s.11 that a reasonable term is one which is â€Å"known or in the contemplation of the parties when the contract was made†. Typically, courts will consider several factors in determining whether a particular exclusion clause is reasonable. They include whether the relative bargaining powers of respective parties (Jiang Ou), whether there are any protests by the claimant (Kenwell & Co Pte Ltd v Southern Ocean Shipbuilding, [1998] 2 SLR(R) 583) and if there are any reasonable alternatives (Tjoa Elis v United Overseas Bank Ltd, [2003] 1 SLR(R) 747). As mentioned in Jiang Ou, the ultimate consideration by the court is whether it is against public policy to allow the enforcement of the particular exclusion clause, and such an inquiry is based on the particular facts of the case. In this case, there are two claims which arise with regards to s.2(2) of UCTA, namely the damaged iPhone and torn T-shirt. For both items, Funster should be allowed to claim for the relevant damages. Applying the several factors set out above, it is clear that Funster had little bargaining power over the inclusion of the exclusion clause and cannot be said to have any other alternatives but to accept the clause if he wishes to take the roller coaster. As discussed in Jiang Ou, it is against public policy if amusement parks such as Monster Studios are allowed to escape with their own negligence by drafting an exclusion clause. The UCTA was specifically drafted to protect consumers such as Funster from being denied legal recourse when faced with a negligent organisation such as Monster Studios. In conclusion, a court is unlikely to deny Funster the claims for his iPhone and the T-shirt. Conclusion In conclusion, Funster should be allowed to claim for his personal injuries, the broken iPhone and the torn T-shirt. While the exclusion clause drafted by Magic Studios can pass the requirements of incorporation and common law construction, it is unlikely to pass the stringent standards set by UCTA. REFERENCES Cases 1.Canada Steamship Lines v The King, [1952] AC 192 2.Emjay Enterprises Pte Ltd v Skylift Consolidator, [2006] 2 SLR(R) 268 3.Jiang Ou v EFG Bank AG, [2011] SGHC 149 4.Kenwell & Co Pte Ltd v Southern Ocean Shipbuilding, [1998] 2 SLR(R) 583 5.Parker v South Eastern Railway Co (1877) 2 CPD 416 6.Press Automation Technology v Trans-Link Exhibition Forwarding [2003] 1 SLR 712 7.The Suisse Atlantique, [1967] 1 AC 361 8.Thornton v Shoe Lane Parking, [1971] 2 QB 163 9.Tjoa Elis v United Overseas Bank Ltd, [2003] 1 SLR(R) 747 Books Ewan Mckendrick, Contract Law (8th Edition), Palgrave Macmillan Law Masters (2009) Websites Singapore Academy of Law. Singapore Contract Law (accessed on 3rd May 2012). URL: http://www.singaporelaw.sg/content/ContractLaw.html Stamford Law Legal Updates, Jiang Ou v EFG Bank AG (accessed on 3rd May 2012) URL: http://www.stamfordlaw.com.sg/legal.php?id=241

International Cinema essays

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