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Tort Law - Nuisance, Trespass, etc

You have tackled each issue clearly, using case law and carefully applying the case law to suggest a solution for each issue. When explaining the rules on private nuisance in the first paragraph, you could cite the cases which set out these main rules.Does nuisance still have to be something that is ongoing, a 'state of affairs' rather than a one-off event? You could perhaps highlight this more. When dealing with the Animals Act, are there more details needed - are there criteria to apply of when an owner is liable?
Regarding the pony, is there also a place for a possible negligence claim here - if Tim negligently failed to repair a hole in the fence, or negligently left the gate open etc. It may be that there is no need to go down this route, as strict liability is easier to prove. John's retaliation is more likely to be just battery - did he put Tim 'in fear'? Often a spellchecker brings up 'tortuous' rather than 'tortious' and this appears in your next paragraph!Regarding the public nuisance, what is the likely outcome - say for example the residents banded together to get something done - what are the options?

Note from system: No grade awarded, default to C grade.

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monopoly and import substitution

1. I assume you already have some familiarity with monopoly theory and with UK competition policy. First, the theoretical side, which focuses on pure monopoly - in other words, the case where the firm is the industry. There are therefore barriers to entry, which means that supernormal profits made in the short run are retained in the long run. The monopolist produces a profit-maximising output, where marginal cost equals marginal revenue; average revenue (damand) and MR curves are downward sloping, and the gradient of the former is twice that of the latter - AR exceeds MR at all outputs. It is then easy to see that the monopolist is allocatively inefficient, as AR (demand) exceeds MC (supply) at its profit maximising output. The monopolist is also productively inefficient, since the output produced will not be at the lowest point of its average cost curve = moreover, AR exceeds AC at this output, which is the reason the firm makes supernormal profits. The contrast is then usually made with the long run perfectly competitive firm, where AR and MR are equal, andwhich produces where MC=MR=AR=MC, making normal profits only, any short run SNP having been eliminated through the entry of new firms, since there are no barriers to entry. Such a firm is therefore both allocatively and productively efficient, and thus welfare is said to be maximised. In the case of the monopolist however, consumers are exploited (a higher price and a lower output), while of course there is no choice of products.In technical terms, part of the consumer surplus is transferred to the monopolist and becomes producer surplus.

In practice, there are few pure monopolists, and so policy focuses on oligopolistic markets - i.e. those where a small number of firms control most of the market, and thus exert a measure of monopoly power, as described above. Again, there will be significant barriers to entry. In general, any firm with more than 25% of a given market, or any proposed merger or takeover that would result in more than a 25% market share, is subject to investigation by the competition authorities (first, the Office of Fair Trading, and then the Competition Commission), which have the power to levy fines on firms that exploit consumers and to block mergers. The criterion used is always the impact on competition in the market. They therefore look for evidence of price-fixing, restricting supplies and limits on consumers' choice. They come down particularly hard on firms that engage in anti-competitive practices as a result of collusion. Firms aiming to merge will invariably argue in their own defence that a larger firm will enjoy economies of scale, and that the resulting lower average costs will be passed on to the consumer in the form of lower prices; they often also claim that there will be more scope for research and development, and thus for the offering of improved or innovative new products to consumers. They may also claim that a larger firm is of benefit to UK exports, or else necessary to compete with a giant that already exists in the market. The Competition Commission website offers plenty of examples of such arguments, and the reasons for the final decision in individual cases. Hence the authorities intervene on competition grounds on the basis that oligopolistic firms if left to their own devices may use their protected position to exploit consumers in the ways described above.

2. Policies such as these are normally designed to improve a country's trade balance with other countries; in the process some of them at least will also stimulate higher GDP growth and employment. Essentially, you need to review the various policies on offer, since some of them clearly fall into both categories of export promotion and import substitution.

The best policy of all is a range of supply side measures designed to improve the country's economic capacity and international competitiveness. All sorts of policies come under this heading, ranging from reduction in trades unions' power (to reduce firms' costs) and the creation of a more flexible labour market to privatisation, attracting investment from abroad, promoting small businesses, deregulation and investment in human skills to raise productivity. The intended outcome is to produce a greater number of goods at a lower cost and thus price. This will promote exports and at the same time provides relatively cheaper goods for domestic consumption as an alternative to imports.

The most common policy has been to defflate the economy through some mix of restrictive monetary and fiscal policy. The aim here is not so much import substitution as a reduction in the volume of imports. This occurs because domestic consumers have less income than previously, and thus cut down on their spending on all goods, including imports. In some industries, the policy may actually serve to promote exports, since domestic firms facing reduced sales at home are likely to search for alternative markets abroad.

Another frequently used policy is devaluation of the currency, which has the effect of making the relative price of exports cheaper and the relative price of imports dearer, thus serving both purposes. The volume of exports should over tim rise, while the volume of imports should fall; moreover, domestic consumers will substitute domestically produced goods for the more expensive imports. The problem with devaluation is that it does nothing to address the underlying uncompetitiveness of the economy; moreover, it engenders imported inflation, which then adds to the costs of firms importing raw materials, energy or spare parts, hence cancelling out the benefit of the devaluation. It may also prompt a wage-price spiral as workers, faced with the higher inflation, seek compensatory wage increases. If this occurs, devaluation will ultimately achieve neither objective.

Other policies exist. Exchange controls place limits on the amount of foreign currency available to importers, and thus limit imports; they do nothing to promote exports. Protective measures involve (usually) the imposition of a tariff or quota on selected imported goods (or from particular countries), The effect in both cases is to raise import prices. The benefit to exports is dubious, since domestic consumers will normally buy more home produced goods, hence leaving fewer for export. Most protective measures have been outlawed; where they continue to exist, they often invite retailiation, which then reduces the scope for exporting.

The relevant theory in all this is that any measure that has the effect of increasing exports, or reducing imports, or increasing exports more than imports, will increase the value of (X-M) in the AD equation, which in turn leads to higher economic growth and employment, some of which will surely be in exporting industries.

I hope these detailed answers are helpful.
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Critically review Fred Fiedler's Contingency theory

You have outlined this very accurately, and I have made no significant changes. You might want to add some of the points below, which really extend what you are saying and spell out further implications. In particular, the penultimate paragraph contains positive comments on Fiedler's work.

In Fiedler's theory, leadership effectiveness is the result of interaction between the style of the leader and the characteristics of the environment in which the leader works. Together, these determine group performance.

For Fiedler, leadership style depends upon his/her personality and is thus fixed. Fiedler uses an index of the 'least preferred coworker' scale to classify leadership styles. A high overall score suggests the leader has a human relations orientation, while a low score indicates a task orientation. So this method reveals an individual's emotional reaction to people with whom he or she cannot work. Leaders who describe their preferred coworker favourably, with a high LPC, thus derive major satisfaction from establishing close relationships with fellow workers. High LPC leaders are relationship-oriented and see good interpersonal relations as a requirement for task accomplishment. Low LPC leaders are more concerned with successful task accomplishment, and worry about interpersonal relations later.

The second major factor is 'situational favourableness' or 'environmental variable' - the extent to which a ituation enables a leader to exert influence over a group. The three key situational factors are leader-member relations (the extent to which employees accept the leader), task structure (the degree to which employees' jobs are described in detail) and position power (the amount of formal authority possessed by the leader arising out of his/her position in the organisation). Naturally, leadership is at its most effective when group members respect and trust the leader, where tasks are highly structured and where leaders have the power to hire and fire, discipline and reward. It is possible to identify eight different group situations or leadership style. Task-oriented styles of leadership are generally most effective. The considerate relationship-oriented style is appropriate only where leader-member relations are good, the task is unstructured and the leader's position power is weak.

The implication is that candidates for leadership positions should be evaluated using the LPC scale. The appropriate LPC profile should determine the choice of leader - task-oriented for very favourable or very unfavourable situations, and relationship-oriented for intermediate situations. If a leadership situation is being chosen for a particular candidate, then a work team/department should be chosen which matches his/her LPC profile. It also follows that it is not accurate to talk of effective and ineffective leaders - there are only leaders who perform better in certain specified situations. Anyone can be a leader by carefully selecting those situations that match his/her leadership style. And the effectiveness of a leader can be improved by designing the job to fit the manager - by increasing or decreasing a leader's position power, altering the structure of a task, or influencing leader-employee relations.

Fiedler's work is useful and illuminating, though evidence suggests that there are other situational variables, such as education, training and experience, that also have an impact on a leader's effectiveness. There are also doubts about his measurement of different variables, and particularly over whether the LPC is a true measure of leadership style.

I hope this is helpful.

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PDP reflective statement

hunni_182I have to write an essay of 1500 words, to relfect on what i have learnt from the PDP exercise this year and to show how i am going to use the PDP over the next two years of university to support my academic and career development.

I really dont know how to start it or write about it

Could you provide me with any help!? Its got to be in on monday
Thanks very much
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6 Approaches to Psychology

cheticosHello there I just started psychology and we starting with the basic.  Was wondering if some one could describe each 6 approaches to psychology in some detail but in a simple way with examples if possible.

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Centigrade Questionnaire

MoorpheusHas anyone here completed a centigrade questionnaire.

I'm considering completing one myself but need advice from people who have already completed one.

I'm wondering - is it worth the money to fill out one of these questionnaires when I already have an idea of what I want to do


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