Saturday, January 18, 2020

Quantitative Methods for Business Essay

Quantitative techniques are mathematical and reproducible. Regression analysis is an example of one such technique. Statistical analysis is also an example of a quantitative technique. Quantitative techniques are applied for business analysis to optimize decision making IE profit maximization and cost minimization. It covers linear programming models and other special algorithms, inventory and production models. Albert Humphrey, a management consultant who specialized in organizational management, devised the SWOT analysis technique at Stanford Research Institute in the 1960s. Today, not only large corporations but also nonprofit and government agencies employ SWOT analysis. An enhanced method, known as the Six Forces Model, further helps to quantify competition, buyers and suppliers. Identify strengths and weaknesses to assess whether the desired end state is possible. If it is not, revise your objective to reflect an attainable goal. Use SWOT analysis in strategic planning, crisis management and feasibility studies. Apply SWOT analysis techniques in academic environments for developmental studies. Use SWOT analysis to figure out how to exploit each strong point and minimize each disadvantage. SWOT analysis techniques facilitate decision making by classifying and categorizing factors that influence the outcome of activities. Identifying the strengths or weaknesses of your product, price, place of sale and promotion strategy in concert with listing economic, technological and legal factors help you identify your competitive position. Quantitative data help you to justify how important each activity is to your company (http://rapidbi. wordpress. com/2008/12/29/history-of-the-swot-analysis/). SWOT analysis is typically identified as one of two types: planning or marketing. Corporate planning involves setting objectives, assessing abilities, analyzing current strategies, developing new strategies or preparing for different scenarios that might require intervention. This type of SWOT analysis is typically conducted by project-management teams. Marketing analysis, on the hand, involves conducting research to gather opinions, for example, through surveys. These are usually completed by customers or potential clients. The quantifiable results can reveal trends or validate hypotheses you have about how to market your product. Form a cross-functional team to conduct your planning SWOT analysis. Diverse viewpoints produce the best results and prevent closed thinking. Resist the temptation to abandon your objectives as unattainable without close scrutiny. Think creatively to use the data your analysis produces. Match strengths to opportunities when conducting a marketing SWOT analysis. Find innovative ways to convert threats and weaknesses into strengths. Use SWOT analysis to find new markets while avoiding markets for which your company is ill-suited (http://www. ehow. com/about_54926434_sstrength-weakness-quantitative-technique. html). The use of quantitative and qualitative methods in evaluating and planning business related functions is paramount to business success. Good ideas and hard work are often irreplaceable, but proper application of pertinent analytical techniques can help assure that your company is successful by any measure. Both quantitative and qualitative tools are available to even the smallest of businesses, ranging from straightforward techniques such as break-even analysis and SWOT analysis. Quantitative research refers to the systematic empirical investigation of social phenomena via statistical, mathematical or computational techniques. The objective of quantitative research is to develop and employ mathematical models, theories and/or hypotheses pertaining to phenomena. The process of measurement is central to quantitative research because it provides the fundamental connection between empirical observation and mathematical expression of quantitative relationships. Quantitative Approach provides us the mathematical & statistical, tools & techniques to optimize the managerial decision making in the areas of planning and control. Such as budgeting, scheduling, quality control etc. Quantitative Courses help you get a job. Because usually you start at lower levels of management, where there aren’t many strategic decisions you make. Your intuition is not trusted upon and you must back your decisions with numbers (cook them up if you can’t find them. That’s what my internship experience says, but do not quote me on that). So, they want quantitative skills in you. However, as discussed widely across the world, obsession with quantitative stuff can be disastrous. They are only tools and do not substitute managerial judgment. And as you rise in the hierarchy, you intuition and qualitative judgment start getting valued. Qualitative skills are not just a good-to-have asset then, but absolute requirement. Because for taking higher level decisions, you may not always have the kind of precise framework you have for lower level jobs. But most important thing about quantitative courses, while you are a student, is that they can be learnt. Learnt irrespective of several things going wrong like having an incompetent instructor! Even if you do not have much aptitude, by working hard you can extract something from these courses. Qualitative courses on the other hand pose several problems in learning. Irrespective of the presence of several much touted pedagogical tools and techniques, they depend heavily on the quality of the instructor, aptitude of the student and the chemistry between the two. An inarticulate instructor may still manage to teach you a quantitative course, but for a qualitative one it is disastrous. Well, one big problem with qualitative courses is that by the time you shall be allowed to use them in an organization, you would have forgotten them all. Many students wonder if they’ll ever really need to know how to use the quadratic equation or find the volume of a cone. Not realizing how useful math can be, some choose to only fulfill the minimum requirements that their high schools requires. Those at College Board also emphasize how math can help you prepare for a career. The skills that you learn in math courses may be applicable down the line, even if you are not studying to become an engineer or an accountant. Many entry-level jobs require employees to have some math knowledge. Even understanding the basic math functions can be advantageous. Mathematical courses can prove powerful support for business decisions. In their later business careers, this will motivate them to consult with mathematicians and employ effective quantitative methods. Mathematics provides many important tools for economics and other business fields. The recognition of its importance by many students each year will certainly strengthen the position of mathematics in our society. Why do business consultants and directors need to know math? Business is all about selling a product or service to make money. All transactions within a business have to be recorded in the Company accounts and quite often involve very large sums of money. http://johnsonsr. spps. org/Why_is_math_important. html). So for example, you need to be able to estimate the effect of changing numbers in the accounts when trying to work out your expected performance for next year. Also businesses rely heavily on using percentages, in particular anyone who works as a sales person will need to be quick at mental arithmetic, approximation and in working out percentages, The more percentage discount you give a customer when you sell them a product, the less profit your company will make, so it really does pay to know your math (Brechner). One area where quantitative techniques are applied in business is in the area of finances. Some of the models that financial managers and analysts use are return on investment, decision trees and net present value. Financial analysts determine how much profit a particular product brings in versus the costs of producing that product. They run regressions and analyses to note trends over time and determine how much to invest in a particular business line. Financial analysts also use quantitative methods to determine productivity and whether or not to hire, retain or lay off workers. They use quantitative data to manage risk and create investment vehicles. Advertisers use quantitative data to determine how many viewers or readers will see a particular advertisement in a particular medium. They use data from rating services to find out how many people click on a certain website or watch a particular television show at any time. Advertisers also use quantitative data to do pre- and post-testing of advertisements. Advertisers use surveys to test ad recall in viewers, and ttitudes about proposed advertisements, among other things. Companies make heavy use of statistics to determine how to market their products, which markets their products and services will do best in and which consumers will buy their products. There are thousands of companies in the United States that gather and analyze data about consumer interests, desires, likes, dislikes, motivations and concerns. Marketers use this data to focus sponsorships, direct mail campaigns and position their companies in the general culture. Marketers also use data from UPC codes at stores (often in combination with shopper discount cards) to determine who is buying their products, how often and where. This also gives them important information to use in making decisions about stocking, delivery and promotions. Insurance companies have a multitude of applications for quantitative data. Although many of these applications could transfer to other businesses, insurance companies have dozens of statisticians or actuaries on staff. Therefore, they have the manpower and know-how to analyze mountains of data. For example, insurance companies gather data about each salesperson in each line of business. They then analyze the data to see if there are similarities in the top salespeople so they can recommend improvements to those not doing so well. They also see which lines of business produce profit and which should be closed down because they are unprofitable. Insurance company actuaries also analyze data on accidents, fires, floods and other mishaps that require them to pay out money and use these analyses to set insurance rates for their customers.

Friday, January 10, 2020

Strict Liability in Business Law

The American common law adopted the concept of strict liability in early 1960’s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977.In 1997 ALI approved the Restatement (Third) of Torts products liability, which expands the general language of Section 402A into over 20 different sections addressing specific applications of the strict liability ground for recovery. In 1999, the ALI approved Restatement the apportionment of Liability, completely succeeding and expanding upon comparable pro visions of Restatement (Second) of Torts. This Restatement gives paramount importance to the principles of law governing apportionment as liability in cases where there are multiple actors who may have differing degrees of liability.(1)The application of strict liability is important in various segments of business law. Here we shall discuss the scope of strict liability, its essentials and exceptions etc. Moreover we shall try to explore the relationship and contrast of the strict liability with other dimensions in the business law like Rule in Rylands Vs Fletcher, mens rea, negligence, product liability and contract. ———————————————————————————————————— 1. Restatement (Third) of Torts products liability, 1999 Strict Liability 2 Intro ductionâ€Å"He can excuse himself by showing that the escape was owing to plaintiff’s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. – Blackburn J Sec. 402A of Restatement (Second) of Torts, 1977 enunciates that seller of any defective product which is unreasonably dangerous to the user or consumer is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or consumer has not bought the product from or entered into any contractual relation with the seller. Moreover the claim under rule of strict liability can be made against Property damage, Compensation for wrongful death, Physical and mental pain a nd suffering Loss of consortium for loss of love and affection, Past, present and future medical bills and Lost past and future wages, DefinitionStrict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any â€Å"fault† on their part. There are situations when a person may liable for some harm even though he is not negligent in causing the same or there is no intention to cause the harm or sometimes he may even have made some positive efforts to avert the same. In other words the law recognizes such type Strict Liability 3 of â€Å"no fault â€Å"liability. (Salmond,1996)(2)The liability arises when a person or company sells a defective product which is unreasonable and dangerous to the user.The defect may in the products design or manufacturing, in the instructions or warning necessary for the product’s safety or in the container or packaging. The main feature of this aspect is, here the injur ed is excluded from proving the negligence of seller. Scope Generally our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i. e. , failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown .The doctrine of strict liability imposes legal responsibility for injuries sustained by or as a result of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. ( Faegre & Benson, 2003) (3) The rule of strict liability is mainly attributed to rule in Rylands Vs Fletcher (4) in which the House of Lords well founded the principle of as st rict liability.In this case, the ———————————————————————————————————— 2. Salmond , Heuston (1996) , Law of Torts, , publisher: Sweet & Maxwell; 21Rev Ed edition , ISBN-13: 978-0421533509 3. Faegre & Benson, (Nov. 2003) UK Trade and Investment, US product liability law 4. Rylands Vs Fletcher (1868) L. R 3 H. L 330 Strict Liability 4 defendant got a reservoir constructed through independent contractors, over his land for providing water to his mill.There were old disused shafts under the site of the reservoir, which the contractors failed to observe and so did not block them. When the water was filled in the reservoir, it burst through the shafts and the plaintiff’s cold mines on the adjoining land. The defendants did not know the shafts and had not been negligent although the independent contractors had been. In this case the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable under the rule.The defendant may excuse himself by showing that the occurrence was owing to the plaintiff’s default or that was the consequence of vis major or the act of good. But in this case the court firmly asserts that it is unnecessary to inquire what excuse would be sufficient. Normally in these cases, the liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. In Smedleys Vs Breed, (5)a large manufacturing company of tinned peas was convicted as there found the carcass of a caterpillar.On dismissing the appeal of company the court held it was offence of strict liability, therefore it was not sufficient show that the company had taken all reasonable care to avoid the event. ———————————————————————————————————— 5. Smedleys Vs Breed,(1974) Strict Liability 5 The same view was taken in the famous case Donogue Vs Stevenson (6) in this case A purchased a bottle of ginger beer from a retailer for the appellant.While pouring to the tumbler the appellant found a decomposed body of a snail floated out with her ginger beer. The appellant alleged that she seriously suffered in her health in consequence of having drunk the beer which contains the contaminated contents. On her claim for damages, the court declared that a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles.That duty must be to whom he intends to consume his products. The fact is that he manufacturers his commodities for human consumption. Due to this informal nexus he places himself in a relationship with all the potential consumers of his commodities, and that relationship which he assumes and desires for his own ends impose upon him a duty to take care to avoid injuring them. † Hence the manufacturer owed her a duty to take care that the bottle did not contain any noxious matter and that he would be liable for the breach of the duty.Moreover the law looks into the scope of strict liability while it is arising out of indeed consumer’s case. In Berrier v. Simplicity Manufacturing, Inc (7), the leg of four years old was amputated as the result of injuries sustained when her grand father unintentionally backed over her foot wh ile shearing the lawn with ———————————————————————————————————— 6. Donoghue v Stevenson [1932] AC 562 (HL) (Sc) 7. Berrier v. Simplicity Manufacturing, Inc. , (3d Cir. Jan. 17, 2008) Strict Liability 6 a riding mower.Her parents moved a case against the manufacturer of the riding mower on the basis of strict liability and negligence based on design defect and inadequate warning theories. But the court followed the decision of Phillips v. Cricket Lighters, (8)and held that since the intended user or consumer is limiting the wide application of rule of strict liability the issue still remains that the child is neither user nor intended user or consumer of the mower. Strict liability and mens rea So the offences of strict liability, we ca n say, are those crimes which do not require mens rea with regard to at least one or more elements of the actus reus.In R Vs Storkwain (9) the defendant supplied drugs for which a prescription was required, after being handed a forged prescription. There was no evidence of any negligence or wrong doing on the part of the pharmacist.. On appeal against conviction, it was held that the statute created an offence of strict liability; therefore no proof of mens rea was required. In Gammon (Hong Kong) Ltd vs Attorney-General for Hong Kong (10) following points has been laid down to determine the circumstances to which strict liability to be imposed.(1) There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence; ————————————————————————————â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 8. Phillips v. Cricket Lighters, 841 A. 2d 1000 (Pa. 2003) 9. R Vs Storkwain (1986) 10. Gammon (Hong Kong) Ltd v Attorney-General for Hong Kong [1984] 2 All ER 503 Strict Liability 7 (2) The presumption is particularly strong where the offence is â€Å"truly criminal† in character;(3) The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute; (4) The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern; (5) Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act.Essentials of strict liability For the application of this rule the foll owing three essentials should be there: 1) Injury by a defective product: In order to succeed the strict liability under the law the plaintiff must show that the injury must be caused by a defective product whose defect existed at the time of injury and the product should be plaintiff’s control. In the recent case of Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander (11) it was held that the liability arising from the defective products not only related to the personal injury but financial loss also.It was further confirmed that when a manufacture undertakes or market the production without any prior tests and ———————————————————————————————- 11. Ceiba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd en ‘n Ander, 2002 (2) SA 447 (SCA) Strict Liabilit y 8 consequently it turns hazardous to the consumer such negligent activities expose a liability to the consumer. Here a contractual nexus between the manufacturer and the consumer is not required. (Weir, Tony 2006), (12)2) The goods must be dangerous or defective in nature: Here the plaintiff must show that due to the dangerous nature, such goods can not be used for the ordinary purpose or for some other reasonably foreseeable purpose. Thus, a manufacturer owes a duty to supply a product fit for the ordinary purposes and it is to be used and safe notwithstanding a reasonably foreseeable misuse that could cause injury. The decisions in famous cases like Batcheller Vs Tunbrige Wells Gas co. ,(13) National Telephone Co. Vs Baker (14)and West Vs Bristol Tramways Co.(15)manifests that the defective products are whatever in form ,whether it is gas, electricity noxious fumes ,the rule of strict liability can be applied. 3) The goods should leave the manufacturer: It is essential that the thing caused injury to the plaintiff must leave from the possession and control of eth defendant. So those defective goods are still with the manufacture is safe from the claim of compensation. In Read Vs Lyons (16) (text) the plaintiff was the employee in the defendant’s munitions factory. While performing her duty a shell was exploded and she was injured . Even———————————————————————————————————– 12. Weir,Tony,( 2006),an introduction to Tort law,2nd edn. , Oxford University Press 13. Batcheller Vs Tunbrige Wells Gas co. 84 L. T 765 14. National Telephone Co. Vs Baker (1893) 2 ch 186 15. West Vs Bristol Tramways Co. (1908) 2 K. B 14 16. Read Vs Lyons (1947) A. C 156, 161 Strict Liability 9 though the shell exploded was dangerou s in nature it was held that defendants were not liable as the shell was not left from outside the defendant’s premises and the rule of strict liability could not be applied in this case.4) Breach of warranty: Generally, the law imposes certain warranties (or guaranties) on the sale of products. Such warranties include that the goods are in proper condition for use and free of defects and that they are fit for a particular purpose. Since the court doesn’t disregard the liability of the waivers against the policy and the warranties are limited, the manufacturers and retailers are always held responsible for injuries from the defective and dangerous products. The aspect of breach of warrenty enables the plaintiff to act against the defendant with his complete freedom.Here he need not assert that the defendant is fault. Usually the product claims under the breach of warranty are in quasi contractual nature. Any factual statement or promise about the product ,a description of the product made ,any sample or model provided constitutes the warranty upon which the buyer rely to purchase the goods. ( Faegre & Benson,. 2003)(17) Exceptions/limitations The following are the exceptions to the rule of strict liability. 1) Plaintiff’s own default: Damage caused due to the plaintiff’s own default was considered to be good defense in rule of strict liability.If the plaintiff suffers damages by ———————————————————————————————————— 17. ibid 3 Strict Liability 10 his own intrusion into the defendant’s property he can not complain for the damage so caused. When the damage to the plaintiff’s products/property is caused not so much by the escape of eth thing s collected by the defendants as b y the unusual sensitiveness of plaintiff’s property itself, the plaintiff cannot recover anything. In Eastern and South African Telegraph C. Ltd. Vs Capetown Tramways Co.(18) the plaintiff submarine cable transmissions were disturbed by escape of electric current from the defendant’s tramways . It was found that the damage was due to the unusual sensitiveness of the plaintiff’s apparatus and such damage will not occur to person carrying on the ordinary business and the defendant held not liable for the such occurrence. 2) Act of god: Act of god or Vis Major was also considered to be a good defense to an action under the rule of strict liability. If the defect is unforeseen and it is without any human intervention the defense of cat of good can be pleaded.In Tennent Vs Earl of Glasgow (19) the court has framed a well maintained definition for the act of god as the circumstances which no human foresight can provide against and of which human prudence is not bound to recognize the possibility. 3) Consent of plaintiff: In cases of volunti non fit injuria i. e where the plaintiff has consented to the accumulation of the dangerous /defective product in defendant’s possession, then such liability does not arise. But such consent must arise for the common ———————————————————————————————————— 18.Eastern and South African Telegraph C. Ltd Vs Capetown Tramways Co. (1936) A. C 381 19. Tennent Vs Earl of Glasgow (1864) 2M (H. L) 22, 26-27 Strict Liability 11 benefit of both plaintiff and defendant. For eg: when two persons are living on the different floors of eth same building each of them is deemed to have consented to the installation of things of common benefit such as the water system, gas pip es or electric wiring . When water has been collected for the common benefit of the plaintiff and the defendant will not be liable for any defects happened to such system unless there is negligence on his part.In North Western Utilities Vs London Guarantee,etc Co. Ltd (20) ,the concept of consent for the common benefit had been formulated as there is no such common benefit between a gas or other public utility undertaking and its consumer’s . 4) Act of third party: If the harm has been caused due to the act of a stranger who is neither defendant’s servant nor the defendant has any control over him, the defendant will not be liable under this rule. But if the act of the stranger is or can be foreseen by the defendant and the damage can be prevented, the defendant must by due care prevent the damage.If not so, the defendant may be held liable for his act. This principle is laid down in Richards Vs Lothian (21). In this case, some strangers blocked the waste pipes of a wa sh basin, which was otherwise in the control of the defendants, when opened the tap, and the overflowing water damaged the plaintiff’s goods. The defendants were held not liable. 5) Statutory authority: Generally an act done under the authority of a statute is defense ———————————————————————————————————— 20. North Western Utilities Vs London Guarantee,etc Co. Ltd (1936) A.C 108 21. Richards Vs Lothian (1913) A. C 263 Strict Liability 12 to an action for tort. But it cannot be pleaded as a defense when there is negligence. In Green Vs Chelsea Waterworks Co. (22) the defendant co. had a statutory duty to maintain continuous supply of water. A man belonging to the company burst without any negligence on its part, as a consequence o f which plaintiff’s premises were flooded with water. It was held that the company was not liable as the company was engaged in performing a statutory duty. ( Salmond,1996)(23) In practice, the defendant may argue the defenses adopting the following claims.1) The defendant may forward an argument on the basis of misuse of the product sold. But it is to be remembered that the misuse of products can not be forceeble or there is a chance of rebut this argument by the plaintiff that there should have some kind of anticipation on the part of the manufacturer and prevented such misuse by its product design or in its warning. 2)Secondly the defendant can claim that the product has been altered and modified . In order to prove this he has to take adequate measures to provide warnings in connection with the alteration of the products.3) If there is any complaint by the buyer about the defective design, then the defendant may rebut his claim by demonstrating that the product was at sta te of art at the time of manufacture. 4) A manufacturer might be allowed to adduce the evidence on the basis of industry ———————————————————————————————————- 22. Green Vs Chelsea Waterworks Co. (1864) 70 L. T 547 23. ibid 2 Strict Liability 13 custom and standards and government standards related to the manufacture and design. ( Faegre & Benson, 2003)(24)Before the buyers of tacky products were not allowed to sue a manufacturer of or seller of a harmful product in commerce. The decision owes to the principle of â€Å"caveat emptor† â€Å"let the Buyer beware†. Now the burden to prove a products sticks on the other claims of product defect, inadequate instructions, or warnings. Here the plaintiff must prove that that the product caused him harm when it was used for its intended purpose as well. More he has to prove that the manufacturer knew or should have known the product would be used in such a way that would cause harm. Strict liability and NegligenceNegligence is an important element to determine the strict liability of a defendant. Negligence is considered to be the oldest theory of product liability as well as the strict liability. As a general rule it is for the plaintiff to prove that the defendant was negligent. The initial burden of making out at least prima facie case of negligence as against the defendant lies heavily on the plaintiff, but once this onus is discharged, it will be for the defendant to prove that the incident was the result of inevitable accident or contributory negligence on the part of the plaintiff.(Jones,2007)(25) There are some elements should be proved by the plaintiff in order to make claim against the defendants under the rule of strict liability. ——— ————————————————————————————————— 24. ibid 3 25. Jones, A . Micheal (2007), A text book on Tort, Ch. 2, 9th ed. , publ. by Oxford University Press Strict Liability 14 Duty of care: The plaintiff must prove that a duty of care was owed by the defendant to the plaintiff. Mere carelessness on the part of defendant doesn’t entitle the plaintiff to sue him.He has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. In this connection, in famous case of Donogue Vs Stevenson it was held that a manufacturer of the products which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examin ation and with the knowledge that the absence of reasonable care in the preparation of putting up of the products will result in an injury to consumer’s life or property, owes a duty to the consumer to take that reasonable care.(26) Breach of duty: Breach of duty means non observance of due care which is required in a particular situation. But here the defendant acted like a reasonable prudent man there is no negligence. In Blyth Vs Birmingham waterworks Co(27). it was clearly explained that 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.) Proximate cause: The plaintiff should prove that the breach of duty proximately caused the plaintiff’s injuries. Finally there should be lawful and sufficient injury happened to the plaintiff due to the defective /dangerous product. ——â⠂¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 26. ibid 6 27. Blyth Vs Birmingham waterworks Co (1856) 11Ex. 281Strict Liability15 The manufacturers always have the duty to exercise reasonable care in manufacturing the products.Poor assembling the products, difference in use of component parts and its design specifications, failure to inspect the finished products, component parts and failure in correction in any defective products are some examples to lead the plaintiff to claim under the rule of strict liability. ( Faegre & Benson, 2003) (28) In R Vs Lemon (29)the publisher of a gay news were charged with blasphemous libel against Christ through a poem which was considered as an slur to Christianity.The court held that it is the pure case of blaspheme as they ha d intention to publish so they are responsible for their act. Moreover in Alpha cell Vs Woodward,(30) the company was accused of causing polluted water to enter river by using equipment to prevent any overflow in to the river. But due to the collapse of the machine, the polluted things leaked out to the water. There was no evidence that the defendant is negligent but the court held that the defendant had caused the pollution in the water and they held liable. Strict liability in product liabilityThe â€Å"product liability† defined as the liability of manufacturer, during the chain of distribution, for personal injury, economic loss or property damage caused by sale or use of the product. Here the term ‘product’ denotes the finished goods as well as those items which may have some impact on the consumer expectations, product safety etc. In order to brought the action under strict liability the plaintiff must prove that injury occurred by ———à ¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 28. ibid 3, 24 29. R Vs Lemon (1979)30. Alphacell Vs Woodward, (1972) Strict Liability16 a defective product whose defect existed at the time of injury and at the time which the product left the control of manufactures control. Such product liability is the legal responsibility of the manufacturer to the buyers. It can be occurred at time of the transaction. Generally there are three defects in the product make defendants liable for their act. 1) Manufacturing: even though a few products turns in to the fault during the process of a manufacturing the plaintiff may held liable under rule of strict liability.2) Marketing: In the case of lack of product warning or instructions, the plaintiff can bring an action against the def endant under such liability. 3) Design: A fault in design from previously mentioned might enable the plaintiff to claim for damages against the defendants. ( Miller, Goldberg 2004)(31) Usually the defective and unreasonably dangerous product denotes the desirability or usefulness of the product, the availability of safer goods in same need, likelihood of injury and its possible seriousness and danger.In such cases entitles the plaintiff to recover from the defendants for the injury caused by the product. Here he need not prove any misconduct on the part of the defendant. The law framed such a provision to make the manufacturer vigilant about their production in safe manner. It is the duty of the manufacturer to produce the goods which will not create an unreasonable risk of injury to the consumer at any cost. Such claim can be made against the—————————————————â€⠀Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€ 31. Miller C. J, Goldberg R. S (September 30, 2004) Product liability 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 Strict Liability17 manufacturer, wholesaler, distributor, retailer and the maker of component parts. (Restatemet,1999)(32) In recent case of Escola v. Coca-Cola Bottling Co. ,(33) 24 Cal. 2d 453 (1944) (Traynor, J., concurring) it was clearly stated that on the demand of public policy the responsibility should be fixed even though there is no element of negligence under the circumstances of hazardous and dangerous to life and health due to the defective products. In cost of the cases the injured would be such persons who are not aware and unprepared to meet the consequences. It is to the public interest to discourage the marketing of defective products that are a menace to the public. It is to th e public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the man

Thursday, January 2, 2020

The Long Term Effectiveness Of Prolonged Exposure Therapy

Literature Review Existing controlled examinations of intervention efficacy specific to only sexual assault and rape are presently minimal in comparison to intervention examinations of combination or other types of trauma (Regehr, Alaggia, Dennis, Pitts, Saini, 2013). Psychotherapeutic interventions that fail to differentiate sexual assault and rape victims from other types of trauma victims may decrease the treatment effectiveness or inadvertently harm participants in this subgroup. Trauma associated from rape or sexual assault differs from other forms of trauma and treatment efficacy should be examined in this manner. Trauma from rape or sexual assault entail symptoms of PTSD, depression, suicidal ideations and sexual dysfunction. Individuals may also indicate feelings of vulnerability, loss of control, fear, shame, self-blame, societal blame and stigma (Russell Davis, 2007; Regehr et al., 2013; Ullman Peter-Hagene, 2014). This research proposal intends to explore the long term effectiveness of Pr olonged Exposure Therapy (PE) at reducing distress and trauma explicitly for adult victims of sexual assault and rape. Prolonged exposure (PE) is a specific exposure therapy program that derives from Emotional Processing Theory (EPT). The idea of emotional processing is to interpret realistic information and accommodate that information into a fear structure which in turn diminishes the fear (Foa, 2011). Foa (2011) acknowledges that the idea of failing to process trauma isShow MoreRelatedThe Long Term Effectiveness Of Prolonged Exposure Therapy712 Words   |  3 Pagesexaminations of combination or other types of trauma (Regehr, Alaggia, Dennis, Pitts, Saini, 2013). Psychotherapeutic interventions that fail to differentiate sexual assault and rape victims from other types of trauma victims may decrease the treatment effectiveness or inadvertently harm participants in this subgroup. Trauma associated from rape or sexual assault differ from other forms of trauma; treatment efficacy should be examined once this matter has been taken into consideration. Specifically, traumaRead MoreGeneral Psycology115 3 Words   |  5 PagesGeneral Psychology Dr. Williams In Tori DeAngelis article â€Å"PTSD Treatments Grow in Evidence, Effectiveness† she argues that several psychological interventions help to significantly reduce post-traumatic stress disorder symptoms. But after reading the article an impression that its content is somehow contradictory to the title, as its main statement may be evaluated as â€Å"More PTSD treatments are developed and practiced, though all of them still lack reliable evidence and their consequencesRead MoreExamining Effectiveness Of Treatment Strategies Used With Survivors Of Rape1357 Words   |  6 PagesExamining Effectiveness of Treatment Strategies Used With Survivors of Rape Therapy for survivors of rape is often difficult to obtain. The lack of availability of counselors who specialize in specific trauma treatments, like prolonged exposure and cognitive-processing therapy, as well as lack of insurance and location, are hardships for treatment-seeking individuals. Therefore, it is important to pinpoint the most effective treatments for those who have suffered the trauma of rape. The purposeRead MoreSymptoms And Symptoms Of Ptsd1335 Words   |  6 Pagesexperiences are universal, 60% of men and 51% of women in the general population have reported at least 1 traumatic event in their lives (van der Kolk et al. 2007). Posttraumatic Stress Disorder (PTSD) is an anxiety disorder that can occur after the exposure to a traumatic event. It affects approximately 1 million Australians in any one year, and 12% of Australians will experience PTSD symptoms in their lifetime (Beyond Blue, 2015). A clinical component of PTSD is the painful re-experience of the traum aticRead MorePosttraumatic Stress Disorder (PTSD) is a type of anxiety disorder that is developed from1500 Words   |  6 PagesPosttraumatic Stress Disorder (PTSD) is a type of anxiety disorder that is developed from witnessing or exposure to traumatic events that is threatening or creates a horrific fear, horror and sense of helplessness in a person. It is common among service men and women, especially those returning from overseas, who have been actively engaged in combat operations overseas. Although PTSD is not limited to solely service men and women, it can occur in children and civilians, who encounterRead MorePosttraumatic Stress Disorder ( Ptsd )2353 Words   |  10 PagesAbstract Individuals that show to have Posttraumatic Stress Disorder (PTSD) are significantly affected both mentally and emotionally due to the exposure to a traumatic event. PTSD is a life-long disorder that is being seen diagnosed more and more among returning soldiers and sexually-violated individuals. Because of its increased detection, the importance of constructing effective treatments for individuals living with PTSD is becoming increasingly recognized. Although effectively treating PTSD hasRead MoreTreating Symptoms Of Post Traumatic Stress Disorder Essay1881 Words   |  8 Pagesoutline two evidenced based strategies that a nurse can implement specifically, utilizing techniques of prolonged exposure (PE) therapy and medication education on selective serotonin reuptake inhibitors (SSRI) to decrease symptoms of PTSD. This paper will conclude with limitations and recommendations. Prolonged exposure therapy PE therapy is a specific type of cognitive behavioral therapy (CBT) that is among the many forms of psychotherapy (Rauch, Eftekhari Ruzek, 2012). The aim of all CBTsRead MoreThe Continuous Presence Of Trauma Essay1658 Words   |  7 Pagesthat PTSD has been treated is through exposure therapy. This type of therapy involves guiding clients to confront their trauma memories and uses extinction learning to erase the feeling of distress (Hamilton, Rizzo, 2016). Exposure therapy is a widely accepted method of treating PTSD and has been recognized as efficient, despite studies demonstrating that the response rates are not ideal (McLay, et al., 2012). One of the major downfalls of exposure therapy is that it relies on the use of the client’sRead Morecrisis intervention final paper on addiction1553 Words   |  7 Pagesbegins with the voluntary act of drinking or taking drugs, over time a person s ability to choose not to do so becomes compromised, and seeking and consuming the drug becomes compulsive. This behavior results largely from the effects of prolonged drug exposure on brain functioning. Addiction is a brain disease that affects multiple brain circuits, including those involved in reward and motivation, learning and memory, and inhibitory control over behavior. Because drug abuse and addiction have soRead MoreSymptoms And Injuries Of Post Traumatic Stress Disorder771 Words   |  4 Pagescivilians, who are afraid of taking first steps towards self-care, through Veteran Center or behavioral health facilities (Hassija, Garvert Cloitre, 2015). Social workers also struggle with secondary trauma related to work, family, and indirect exposure. There is a risk working in human service population surviving from various types of trauma (veterans, active duty soldiers, motor vehicle, sexual or mental abuse). Unfortunately, these things can lead to burn out based on job stressors, exhaustion

Wednesday, December 25, 2019

Pros And Cons Of Animal Testing - 1288 Words

â€Å"Each animal bred or used for research, whether a mouse, fish, or monkey, is an individual capable of experiencing pain, suffering, and distress† (â€Å"Animal† 2013). The advancements in technology today had sparked a debate worldwide on whether it is right or wrong to use animals for experimentation in laboratories. With newly advanced scientific technology, experts are able to utilize advanced technology to simulate functions of the human body on a much smaller scale, including microchips of human tissue and cells, computer models, and cadavers. Under those circumstances, harm and torture of animals in laboratories could potentially cease. Those in society who advocate for animal testing disagree with the reliability of these techniques,†¦show more content†¦As a result of societal and federal arguments posing the question whether animal testing is ethical and just, the legality and funding of animal testing is at risk. Opponents of animal testing argue that the effectiveness of animal testing is not enough to torture innocent creatures. For instance, â€Å"94% of all drugs that pass animal tests fail in human clinical trials,† (â€Å"Animals† 2017). Under those circumstances, thousands of animals are burned, force fed, confined, malnourished, and starved without there being any benefits as a result. Correspondingly, testing on animals is expensive. â€Å"Every year in the U.S., animal experimentation gobbles up billions of dollars (including 40 percent of all research funding from the National Institutes of Health)† (â€Å"Animal† 2017). Rather than spending money on experiments that fail much more than they succeed, it can alternatively be spent in more significant ways. â€Å"More human lives could be saved and more suffering prevented by educating people about the importance of avoiding fat and cholesterol, quitting smoking, reducing alcohol and other drug consumption, exercising regularly, and cle aning up the environment than by all the animal testing in the world,† (â€Å"Animal† 2017). Furthermore, the cons of animal testing outweigh the pros. Many believe that most animals are given painkillers and have minimal abuse due to the protection of the AWA, but research and statistics proves different. â€Å"Because the AWA specifically excludesShow MoreRelatedThe Pros and Cons of Animal Testing2973 Words   |  12 Pagescabinet has been tested on an animal at one point or another. A government funded corporation called the Food and Drug Administration, abbreviated as the FDA, is in charge of making sure that all drugs, cosmetics, biological products, and more are efficient, secure, and safe for human usage. The FDA will not allow any drug to be released or sold to the human population if it has not first been tested on animals. In fact, when a drug is first created it is tested on animals before humans are even allowedRead MoreThe Pros and Cons of Animal Testing1413 Words   |  6 PagesIntroduction Each year in USA laboratories more then 100 million animals are burned, poisoned and lamed (Top 5 Shocking Animal Experimentation Facts). Each year scientists use animals in order to progress, to improve life of people and animals. However, many testing animals suffer and die. But others do not agree and support the fact that we should use animals because of advance. So what are advantages and disadvantages of using animals? This problem will be researched from different areas such asRead MorePros And Cons Of Animal Testing1074 Words   |  5 Pages Animal Testing is a enormous upset in the word today. Animal activist have been trying to put an end to it for years , but to no avail. Animal testing is when scientist will use animals to do experiments on . They will either hook heavy machinery to these poor defenseless animals or inject them with harsh chemicals just to see if its okay for human use. Over 26 millions of animals are used every year in just the united states alone for these cruel acts by the hand of man. Testing on animals haveRead MoreThe Pros And Cons Of Animal Testing2487 Words   |  10 PagesMillions of animals suffer painfully and even die as an outcome of scientific research. The effects of drugs, food additives, cosmetics and other chemical products slowly kill innocent animals every year. Although some people believe animal testing is necessary, others firmly believe that the alternatives choices that have been discovered o ver the years are the way to go. Especially because these choices are cheaper, more reliable and do not harm animals. This essay looks into the pros and cons of animalRead MoreThe Pros And Cons Of Animal Testing1725 Words   |  7 PagesEach year, more than 100 million animals are experimented on in U.S. laboratories. These experiments are for things such as biology lessons, medical training, curiosity-driven experimentation, and chemical, drug, food, and cosmetics testing.(Procon writers) Animal testing, also known as animal experimentation, is the use of non-human animals in experiments that seek to control the variables that affect the behavior or biological system under study. Animal testing is controversial and people findRead MoreThe Pros And Cons Of Animal Testing826 Words   |  4 PagesAnimal testing, although extremely debated, is something that should no longer be practiced anywhere around the world. Let’s start by taking a look at just how much animal testing is practiced in the United States as well as in other countries. The article called, â€Å"Animal Use Statistics† from the Humane Society International, says, â€Å"Only a small proportion of countries collect and publish data concerning their use of animals for testing and research, but it is estimated that more than 115 millionRead MorePros And Cons Of Animal Testing905 Words   |  4 PagesAnimal testing has been the target of animal cruelty groups since the beginning of its existence, but the benefits it provides, humans and animals far greater than the type of method that is used to get the results. Scientists Karl Landsteiner’s success in finding a cure to polio is an example of how the benefits of animal testing helped better future human lives. In his experiments he discovered that Polio viruses had three variations, meaning that they would have to produce a product that couldRead MoreThe Pros And Cons Of Animal Testing1502 Words   |  7 Pagesthat animal tes ting is beneficial to the advancement of human knowledge, while animal rights’ activists claim that animal testing is not humane and violates animals’ rights. The controversy over animal testing is best understood as a disagreement about whether animal testing is beneficial to humans. Each year more than 100 million animals are killed in the U.S. Every country has a law that permits medical experimentation on animals. While some countries protect particular kinds of animals fromRead MoreThe Pros And Cons Of Animal Testing On Animals1896 Words   |  8 PagesHow many animals do you think are used each year in the United States, alone for scientific and commercial animal testing? What if I told you, 26-million animals, remember just in the United States, are used yearly. Animal testing has been used for research since at least 500 B.C. Some people, such as Scientists, say it has extremely revolutionized the society that we are today, such as being able to have vacci nes. If it was not for animals testing, we would not have the Hepatitis B shot. In contrastRead MorePros And Cons Of Animal Testing1522 Words   |  7 Pagesworld, there has been an enduring controversial issue and that is animal testing and research. Since the beginning of medicine, animals were used in the testing of drugs, vaccines, and medical devices to determine the safety of a product due to their similarities in diseases with humans. However this is considered unnecessary due to the creation of alternatives for animal testing. Despite these alternatives the majority of animal testing still has not come to halt. This issue deserves to be attentive

Tuesday, December 17, 2019

Memory Is A Key Aspect Of Psychology - 1856 Words

Memory is a key aspect of psychology and thus much research has been conducted into the way it works. Early research by Atkinson and Shiffrin (1968) has led to the proposition of models about the nature of memory. Atkinson and Shiffrin (1968) proposed the two store model of memory, this included sensory stores, short term memory and long term memory. They also determined that storage and transferal of information to long term memory is encouraged and enabled by the processes of short term methods such as encoding and rehearsal. In short term memory, Miller (1956) found there to be a magic number of pieces of information that could be temporarily remembered and this was 7+/- 2; this broad range of 5-9 chunks of information tends to include†¦show more content†¦It is supported that recognition is much easier than recall as recognition â€Å"is simply memory that something (sight, sound, smell, touch) has been experienced before† however recall tends to require learning (J. Butler, K. Holden, W. Lidwell 2010, p.200). Shepard (1967) supports that recognition is very good for words, sentences and pictures by finding that out of 600 previously seen stimuli when the old stimuli were paired with new, the participants were able to correctly recognise the old stimuli 90% of the time for words, 88% for sentences and 98% for pictures. This shows that recognition of stimuli is high for a number of information however it is highest for pictures. Understanding that recognition is stronger than recall has led to changes in how computers are designed, due to the knowledge that recognition is stronger than recall computers have been designed to allow users to be shown options and choose from them, for example drop down lists, rather than telling the computer what they require; this has led to computers being more user friendly (Johnson et al., 1989). Based on previous research, this study aims to further investigate whether recall or recognition is the superior method of retrieval of memory and thus support previous studies. Therefore, the experimental hypothesis H1 is that memory scores for recognition will be higher than those for recall memory scores. The null hypothesis H0 is that there will

Sunday, December 8, 2019

Hong Ngoc Dynasty hotel, one of the best hotels free essay sample

Last year my family went to Ha Noi to visit our relatives and it was great trip leaving many memories to me, especially in Hong Ngoc Dynasty hotel, one of the best hotels I have visited in my list. When I came to Ha Noi, there were many things that I must do before leaving Noi Bai airport like taking our stuff or booking a taxi to leave, it took about 30 minutes to go by taxi and I thought I will get exhausted when I came to the hotel but the hotel’s service made me feel better again immediately.The hotel was designed in a traditional way which makes you feel like you live in the past 20 years ago, I think this the main reason why are many foreigners want to book a room to rest. When you step into the main area of the hotel, you will be surprised because it is too beautiful like an old castle. We will write a custom essay sample on Hong Ngoc Dynasty hotel, one of the best hotels or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The hotel is bright with the lovely smell that will regain your energy after a long day trip, also you will get a warm welcome from one of a staff of the hotel, they gave my family some fresh water to drink while we were waiting for our room. Although there were many customers waited for their room, the reception of the hotel still worked very fast and it just took my family only 10 minutes to wait. Staff in the hotel helped us to move our luggage to our room and it was a nice cozy room for me. It is not a big room but the room’s color is wonderful like it wants to tell us to go to bed soon, I threw my luggage on the floor and went to sleep.Next morning, my family woke up at 7 am and the reception called us to prepare for the breakfast, my father told me to have a meal first because we did not eat anything last night. When I got down to the main area of the hotel, the staff led us to the hotel’s restaurant which was very clean and the smell of the food surround me. The menu of the restaurant has much traditional foods in Vietnam and foreign food which can satisfy any customers, I sure that you cannot resist food in there, it is delicious that you just want to eat more and more. In conclusion, I think everyone who has a trip in Ha Noi should try to stay one night in Hong Ngoc Dynasty hotel, their service will not let you get disappointed, you will feel like your home. Moreover, managers of this hotel always improve their service and try to become the best hotel in Ha Noi in the future.

Sunday, December 1, 2019

Pantheon Essays (1897 words) - Domes, Pantheon, Rome,

Pantheon I chose to report on the pantheon because I've seen pictures and I am also very fascinated by all the Roman monuments. I looked all around the internet and libraries. The Pantheon was very hard to find information about. It was very challenging but I found enough information to complete this report. This famous building stands in the business district of Romemuch as it was built some 18 centuries ago. Amazingly, it has withstood the ravages of both the elements and war permitting a firsthand view of a unique product constructed by Roman hands. Now, it is exposed to acid rain and fumes from passing automobiles and overshadowed by buildings of inferior taste; but, with trust in the future, the Pantheon will survive. Unrecognized, the design of this ancient concrete building reveals unparalleled features not encountered in modern design standards. Recent studies reveal several major cracks in the dome, but it still functions unimpaired. This condition will surely excite the curiosity of our structural engineers. The building was built entirely without steel reinforcing rods to resist tensile cracking, so necessary in concrete members, and for this concrete dome with a long span to last centuries is incredible. Today, no engineer would dare build this structure without steel rods! Modern codes of engineering practice would not permit such mischief. No investor with knowledge of concrete design would provide the funding. Additional constraints when attempting to build a structure as large as the Pantheon will be discussed later, but briefly they include the use of inadequate hand tools and unsafe lifting devices. I believe we can learn from this activity. Workers can build from a plan and can successfully use their proven practices only if construction quality controls are maintained. History tells us that the Pantheon is a Greek word meaning to honor all Gods (particularly the Olympian divinities). It is ironic that our building has existed throughout many wars while being dedicated to all Gods; one can readily perceive this to be a temple for our one God. And, the Church has claimed this holy structure as a resting place for its most famous Popes, so we continue to honor its magnificent divinity. The first incarnation of this ancient temple was built by Agrippa, the son-in-law of the Roman Emperor Augustus, about 27 B.C. Today, above the entrance carved in stone are the words "M. AGRIPPA L. F. COS. TERTIUM FECIT" which is translated, "Marcus Agrippa, son of Lucius, in his third consulate, made it." Indeed, it is worth mentioning that Agrippa's engineering talents were used in building the famous Pont de Gard aqueduct in France. As with many cities, tragedy in the form of large fires such as those of 60, 64, 79, 100 and 110 A.D. seemed to strike Rome. Originally, many Roman buildings contained travertine (limestone rock) which easily cracked in fires. The first Pantheon was severely damaged and required replacement except for some parts of the lower porch section and foundation. The Pantheon was rebuilt by the Emperor Hadrian during the period 118 to 128 A.D. (a time given by Ward-Perkins).2 But the Ward-Perkins's period is disputed by, Lugli who said the building was started sometime after 123 A.D. and was finished by Emperor Pius about 140 A.D.3 However, most of the bricks were made and placed in the Pantheon in 123 A.D., a date that the maker stamped on his bricks. This was discovered in 1892 by the French archaeologist, George Chedanne. It appears the construction of the rotunda walls took a period of 4 to 5 years, and the dome required a like period because of its height and the meager tools the Romans used. This long construction period was fortunate as it gave this pozzolan concrete ample time to cure and gain strength. Was the second temple like the first? Yes, the fundamental principle of the old Roman religion required that the temples be rebuilt without changes in original form. Tradition required that the main entrance face north, and thus the whole building was oriented on the north-south axis of the building. A description of its structural features is separated into the configuration, foundation ring, circular walls, and dome to more clearly define various components. How these pieces are unique in view of today's design requirements will be discussed shortly. Body The Pantheon is one of the great spiritual buildings of the world. It was built as a Roman temple and later consecrated as a Catholic Church. Its monumental porch originally faced a rectangular colonnaded temple courtyard and now enfronts the smaller Piazza della Rotonda.