Identify and explain the potential claims which arise from these Essay

Identify and explain the potential claims which arise from these facts. In your view does the law strike fair balance between the rights of Colin, Toby and Sue - Essay Example It may be an act of omission or commission. Tort may arise out of commission as when the defendant makes a noise by running of his mill. It may arise out of omission where the defendant does not secure his cow which then runs on the neighbour’s garden and damages his precious plantation. Occupier of premises: Usually the occupier of the premises is the owner thereof but sometimes the tenant may be the occupier, and sometimes the person who is given the charge of carrying out repairs when the landlord is living elsewhere. Trespass: Trespass is the violation of property of the claimant by the defendant. It may be caused by entering into a property which is fenced with a warning to keep out. In cases where the defendant strays on to the property because there is no other way to reach his destination the trespass id not actionable. Nuisance: Nuisance is the violation of the right to enjoyment of property, for the purposes of this paper, nuisance should be taken to mean that the act or omission is causing disturbance in the claimant’s enjoyment of the property which includes rights that arise of the land. Trespasser’s rights and liabilities: The trespasser is guilty of trespass and liable in torts for that intrusion in another’s property when he has not entered in to the property either by invitation or authority or otherwise when he has no duty to enter the premises. The circumstances give rise to multiple claims for all three parties against each other. The trespass and subsequent damage to the chicken run and loss of business caused due to the chicken straying gives rise to cause of action for Colin against Toby. Colin also has a remedy in criminal law against Toby. Under the Occupier Liability Act 1984, Toby has a claim against Colin for the physical damage suffered by him. Sue has a right of action against Colin for the nuisance caused to her due to the increased noise caused by the straying chicken. As occupier of the

Cover page and other minor requriments to be added Essay

Cover page and other minor requriments to be added - Essay Example Moreover, organizations should make sure to implement periodic changes in its culture based on the changes happening in science and technology and the subsequent changes in the life and living standards of the employees. 11 Executive Summary Organizational culture includes the principles and technologies embraced by different organizations. These are dynamic and vary from one organization to another. Organizational culture is directly related to employee performance as it sets the environment in which the employees work. Different elements in the organizational culture determine the performance of employees. These are the management style, right state of mind of employees, degree of motivation of the employees, organizational change such as downsizing, workload of employees, employee reward packages, and internal and external cultures of the organization. Depending on the nature of these elements, employees will be motivated to perform to their best level, or may be demotivated and p erform poorly in their work. The company management ought to ensure that all these elements of organizational culture are favourable to the employees, and are a source of motivation for them to perform maximally and get satisfaction in their work. Good organizational culture boosts employee performance, while poor organizational culture lowers employee performance. Introduction Since culture is a word associated with human behaviour, organizational culture can be referred to as the collective behaviour of the employees of an organization. Culture of one country may not be the same as of other countries, because of the huge differences in social, economic, political and environmental or geographical differences between different countries. For example, America is an extremely wealthy country in which democratic administration prevails and majority of Americans are believers in Christianity. On the other hand, China is a communist country in which religion has no significant roles. Th erefore, organizations working in these two countries are entirely different as far as culture and working environment are concerned. Organizational Culture Organizational culture is not a static phenomenon. It is a dynamic phenomenon, which undergoes periodic changes because of the advancements in science and technologies and subsequent changes in organizational principles. For example, the introduction of computers, internet and globalization have brought tremendous changes in the functioning of organizations. Majority of the corporate companies are currently operating internationally because of globalization. Outsourcing and offshoring are some of the new business terms brought in to this world by globalization. Instant and enhanced communication was introduced in the organizational world with the help of computers and internet. All these developments caused huge changes in organizational culture. Organizational Culture and Employee Performance Employee performance is directly co nnected with organizational culture. All organizations like to derive maximum output from an employee; however, few organizations provide the necessary organizational culture for the employees to perform well. Management styles in different countries and different organizations are entirely different and hence employees in different organiz