Saturday, May 23, 2020

Statement of Purpose for a Cancer Biology Application Essay

My love and passion for Animal Medicine and Health guided my choice in pursuing a Bachelor of Science in Veterinary Medicine from the College of Agriculture and Veterinary Medicine, Qassim University. Having chosen a specialization in Veterinary Medicine, coupled with a higher academic performance with a GPA of 3.82/5, I will be completing my Master degree from the University of Rhode Island in Medical laboratory Science with a bias in Cytopathology in 2014. In partial fulfillment of the requirements for my master degree, I did a research on Testicular Cancer. In particular, I have studied Seminoma, in which I have critically examined the different variants of seminomas in all of their stages of development, through a presentation of†¦show more content†¦In order to achieve the requirements necessary to meet my future goals in the field of cancer biology, there is a compulsory need for me to engage in a comprehensive research work in various aspects of cancer biology. Compelled by the desire to quench my thirst in research work, I have taken a critical look at your areas of your research activities in cancer biology for quite a long time. I have therefore chosen to register my interest to study under your supervision. I am very aware of your strong reputation, which has served to deepen my interest in becoming a member of your team. Having secured an internship at the Animal Hospital at Qassim University, I performed and assisted in small and large animal surgery as well as assisted on farm calls and handled after-hours large-animal emergencies. Furthermore, I also believe that your university is the right place to realize my dreams. Based on my Veterinary Medicine and Cytopathology backgrounds, I believe I will make a successful applicant for a PhD program in your highly reputable institution. Given a chance, I will use the opportunity to exploit my full potential, to improve and enhance my educational accomplishments under your kind control. As a Teaching Assistant from Qassim University, SA, the University has given me a full scholarship to pursue my studies for a PhD degree. The scholarship will cover all my expenses and tuition for theShow MoreRelatedStem Cell Research And The Medical Field Essay1736 Words   |  7 Pagessuch as regular, cancer, embryonic and adult (Jun Zhang et al. 2). This brings up ethical concerns: whether destroying the embryo is worth stem cell research/ transplantation (Jun Zhang et al. 3). The purpose of this literature review is to gain further knowledge on the benefits of stem cell research, and how it can bring new innovations into the medical field. Stem cell development continues to rapidly grow through research, which has unraveled its possible benefits in organs, cancer, neurologic andRead MorePersonal Statement Of Purpose By Mr. Thomas H. Huxley812 Words   |  4 PagesSTATEMENT OF PURPOSE ‘The known is finite, the unknown infinite; intellectually we stand on an islet in the midst of an illimitable ocean of inexplicability. Our business in every generation is to reclaim a little more land’, these are the lines aptly said by Mr. Thomas H. Huxley. The unyielding quest for boundless knowledge has been my motivating and driving force throughout my career pursuit. It’s the same quest that prompted me for higher studies. The dedicationRead MoreThe Diversity Of Living Things1613 Words   |  7 Pagesindividuals because the other organisms would be dead. 3. - Any construction that will impinge on wetlands may have to go through an environmental impact evaluation - If there are federal funds involved, it requires a formal Environmental Impact Statement. - The restrictions vary with the quality of the wetlands, ranging from ordinary (least protected) to exceptional value (most protected). 4. Planting native species in a disturbed area helps improve the ecosystem by restoring it to its originalRead MoreThe Pros and Cons of Animal Testing1413 Words   |  6 Pagesdiabetics. Or polio vaccine, which has decreased mortality almost 1570 times from 350000 in 1988 to 223 cases in 2012 (Polio vaccine). In additional to this treating of cancer, childhood leukemia, cystic fibrosis, malaria, tuberculosis and brain injury were developed. As director of the University of Texas M.D.Anderson Cancer Center’s animal research facility, Chris Abee said: â€Å"We wouldn’t have a vaccine for hepatitis B without chimpanzees† ( Once invaluable, research chimps now devalued). TodayRead MoreResearch Paper Animal Experimentation2167 Words   |  9 PagesExperimentation i Should Animal Experimentation Be Abandon? Veronica Liang ESL 408C Marcia Rauch November 18, 2011 Animal Experimentation ii Research Paper Outline Title: Should Animal Experimentation be Abandon? I Introduction Thesis Statement: Animal testing is a debatable issue in modern society. Some people argue that animal testing should be kept due to medical benefits and research study conveniences. However, I think animal experimentation should be banned by refuting supporters’Read MoreStem Cell Research Essay examples2493 Words   |  10 Pagesadult stem cells through changing their genetic construction to form a new type of cell called induced pluripotent stem cells (iPSCs). Advance research about the stem cell research continues to be conducted as many find it as a fascinating modern-day biology discovery. Research on this field has over the years raised queries with the main opposition coming from religious and social conservatives who are also known as pro life activists among other law officials and medical ethicists. This paper setsRead MoreWriting a Letter of Recommendation6680 Words   |  27 Pagesuse, copy, and distribute this publication or excerpts is granted provided that (1) the copyright notice above appears in all reproductions; (2) use is for noncommercial educational purposes only; and (3) the publication or excerpts are not modified in any way (except when used for noncommercial educational purposes). Requests beyond that scope should be directed to labmgmt@hhmi.org. The views expressed in this publication are those of its contributors and do not necessarily reflect the views ofRead MoreThe Metaparadigm of Nursing: Present Status and Future Refinements4067 Words   |  17 Pagesmatrices and exemplars and concludes with proposals for future work needed to advance to the discipline of nursing. Present Status of the Metaparadigm of Nursing The metaparadigrn of any discipline i s a statement or group of statements identifying its relevant phenomena. These statements spell out the phenomena of interest in a most global manner. No attempt i s made to be specific or concrete at the metaparadigm level. Eckberg Hill (1979) explained that the metaparadigm â€Å"acts as an encapsulatingRead MoreBCH190 Essay14810 Words   |  60 Pagesorganelles that originated from bacteria (D) are animal type cells with diverse biochemical compartments (E) only live in extreme environment without oxygen 9. The endosymbiont hypothesis: (A) has been shown to be false by modern molecular biology (B) has been outlawed in Kansas (C) is key evidence in favor of Intelligent Design (D) explains the origins of chloroplasts and mitochondria (E) was first described by James Watson and Francis Crick 10. Eukaryotic cells: (A) are justRead More The Cloning Controversy Essay2350 Words   |  10 Pagesthe body, especially bone marrow and umbilical cords. The purpose of these is to maintain the surrounding tissue and repair ir after an injury. The NIH also gives three reasons for scientists to pursue stem cell research. First, many serious diseases are caused by abnormalities in the stem cell differentiation process. If scientists learned more about the process and its anomalies, they might also learn more about diseases such as cancer and immune deficiencies, and possibly prevent the abnormalities

Monday, May 11, 2020

Motivation and Self-efficacy - 1855 Words

The Concept Analysis of Self-Efficacy Lori Lincoln, RN, BSN Theoretical Foundations of Practice NUR/513 Dr. Sharon Pontious University of Phoenix May 19, 2005 The Concept of Self-Efficacy Self-efficacy, for the purpose of this study, may be defined as a persons optimistic self-belief. This is the belief that a person can develop the skills to perform new or difficult tasks to cope with changes in health and functioning. When a person perceives self-efficacy, it will facilitate goal-setting, effort, investment, persistence, overcoming obstacles and recovery from disappointments and failures. It can be regarded as a positive outlook or proactive way to handle stress factors. It is the ability to successfully cope with health changes, and†¦show more content†¦Self-efficacy is concerned with a persons estimate of their personal capabilities. Successful performance of a behavior leading to a positive experiences leads to a high level of self-efficacy, failures diminish the level of self-efficacy. Antecedent conditions or precursors to self-efficacy include social experiences, learning experiences, and perceived ability to change or co ntrol the outcome of their condition. This may occur through situational behavior, learning behaviors, and experiential learning. The experience of being successful improves self-efficacy. Repeating the action and obtaining positive outcomes improve the motivation to preserve the behavior. Mastery of these behaviors and experiences give confidence to an individual in their self-efficacy and their ability to control their outcomes. Failures in the same experiences will lower ones level of self-efficacy. Consequences are the acquired skill and self-confidence created by a successful change in behavior affecting a positive change in outcomes. Through the practice of self-efficacy one can increase their confidence, desire, willingness to act, risk taking of new behaviors, and pride in their outcomes. Failures in these areas due to lost opportunities or hesitancy to actively change behaviors and try new activities will result in a low self-efficacy. Self-efficacy is a mechanism th at explains an individuals behavior and perceived capabilityShow MoreRelatedThe Motivation And Self Efficacy Of Struggling Learners1067 Words   |  5 Pagestheir peers, due to the negative consequences they experience from underachieving (Hojati Abbasi, 2013). In order to build the motivation and self-efficacy of struggling learners, these individuals need to set short-term goals that are specific and achievable (Margolis McCabe, 2004). In this study, the effects of short-term goal setting among the motivation, self-efficacy, academics, and behaviors of special education middle school students were measured. The findings, limitations, suggestionsRead More Self-efficacy and Factors Influencing Motivation of Students2053 Words   |  9 Pages Self-efficacy is the belief that someone has the inherent ability to achieve a goal. A student who has a high self-efficacy allows himself to believe that he can be successfully academically.(Bozo Flint, 2008) He believes that a challeng ing problem is a task that can be mastered This student is more committed to work in the classroom. (Schunk,1991). On the other hand, a student who has a low level of self-efficacy is likely to be academically motivated. He is more likely to avoid a task that isRead MoreIntroduction. In Contemporary Science Education, There1555 Words   |  7 Pagesthe teaching and learning practices. This issue is that of the lack of self-efficacy and motivation found in science educators. Self-efficacy, defined as a personal action control or agency of an event or task (Schwarzer, 2014), or one’s belief in their performance capabilities to perform a certain task (Zimmerman, 2000), is commonly lacked by many. This lack has several repercussions, including decreased levels of motivation. The lacking of both of these traits is an issue that is commonly experiencedRead MoreEssay On Self Efficacy836 Words   |  4 PagesThe concept of self-efficacy Teacher self-efficacy is an integral element of an effective teaching and learning environment. Wentzel and Miele (2016) pointed out that self-efficacy encompasses the personal beliefs that an individual teacher has regarding his/her own capabilities to help students and the higher the self-efficacy the greater the job satisfaction. According to the self-efficacy theory, teachers with greater self-efficacy are poised to help students succeed, develop challenging activitiesRead MoreRelationship Between Self Efficacy And Training Transfer Essay1678 Words   |  7 Pagesamong self-efficacy, motivation to learn, motivation to transfer and training transfer† published in Changhua, Taiwan on 2014 for Macrothink Institute - International Journal of Learning and Development. The main objective of the study was to identify the affiliations encompassed by the diverse trainee attributes and its effectivity with regard to the pathway between self-efficacy and motivation towards training transfer. They wanted to prove that both self-efficacy and training motivation wouldRead MoreThe Theory Of Social Psychology1551 Words   |  7 Pagesmanifest into self- construct systems for motivation of cognition, behavior, and learning. With Bandura’s concepts of self-regulation / self-efficacy, and Weiner’s concept of attribution as driving mechanisms for motivation in individual cognition and behavior, the two theorists recognize and have identified an internal adaptable operating system. Peering into their suggested theories, identifying specific components of their associated concepts, and reviewing viewpoints on drives for motivation, Bandura’sRead More High-Fidelity Human Patient Simulation (HPS) Essay examples1106 Words   |  5 Pagespatient simulation (HPS), a strategy that combines technology with a human body mannequin. Many nursing educators have embraced this type of technology as it offers a means of facilitating cognitive, affective, and psy chomotor outcomes. Self-efficacy and motivation are two variables to learning that lead to academic success. To meet the knowledge and skills components required of graduating nurses, didactics are combined with practice of psychomotor skills in the school setting and clinical practiceRead MoreImpression Management607 Words   |  3 PagesSelf-efficacy– One’s belief in the likelihood of goal completion can be motivating in itself (Van der Bijl amp; Shortridge-Baggett, 2002). Self-efficacy refers to peoples judgements about their capability to perform particular tasks. Task-related self-efficacy increases the effort and persistence towards challenging tasks; therefore, increasing the likelihood that they will be completed (Barling amp; Beattie, 1983, as cited in Axtell amp; Parker, 2003, p. 114). A person Self-efficacy beliefsRead MoreSkills in Employees and Managers1165 Words   |  5 Pagesthan Learned in Training: Employees’ and managers’ (over)generalization of skills Introduction: this article aims to tell about the different personality traits of individuals which lead them to show improvement on untrained content after training on self reported training transfer. This article is based on conduct of 2 studies in the first study was aimed to examine the personality traits and skills that cause the improvement on untrained content after training by using field study. In 2nd study specificRead MoreSocial Cognitive Theory1628 Words   |  7 Pagesothers (Omrod, 2016, p. 117). Cognitive factors include: vicarious acquisition, outcome expectations, and efficacy expectations. Vicarious acquisition the â€Å"distinction between learning through observation and the actual performance of what has been learned† (Omrod, 2016, p. 118). Outcome expectations hypothesize â€Å"about the results that future actions are likely to bring† (Omrod, 2016, p. 119). Efficacy Expectations are the â€Å"beliefs about whether they themselves can execute particular behavi ors successfully

Wednesday, May 6, 2020

Property Law Practice 2013-14 Report on Legal Liability Free Essays

A. Issues: There are a number of issues that arise in the construction project posed, especially if there are not sufficient measures in place to limit legal liability. These issues are: The state of the current site, because it is known to be in an extremely dangerous condition, and this may result in harm to any person that enters the site. We will write a custom essay sample on Property Law Practice 2013-14 Report on Legal Liability or any similar topic only for you Order Now The design of the building has been undertaken by in-house architects. Thus, the potential liability for defective design has to be considered, in relation to the construction. Potential liability for professional negligence may arise, because of the direct contract between ABC and the purchasers and the business leaseholders. There are obligations under the Party Wall etc Act 1996 (PWA 1996), because of the shared party walls between the building and adjoining neighbours. Finally, jib poses a problem, because it may amount to trespass of airspace and there is a potential breach of adjoining neighbours’ right to light. The purpose of this report is to highlight when exclusion clauses and notices cannot be used to limit liability. This will be identified through the obligations that are owed and the potential liability if there has been failure to meet them. In a development this size there are a wide range of potential claimants, as such the report needs to undertake a broad approach to determine potential classes that could result in legal liability for ABC and/or XYZ. The structure of this report is to examine the six different areas of potential advice, in which a summary of advice will be given at the end of each section. Thus, the report will include six standalone mini reports. B. Law of Negligence Vicarious Liability: B.1 Law of Negligence, Latent Damage and Obligation of ABC for its Vicarious Liability for Its Architect: The hiring of an in-house architect may give rise to a future claim of latent damage under the Latent Damage Act 1986 (LDA 1986), breach of contract and if there is harm caused by negligence (Adriaanse, 2010, p. 21). The act of tort will arise if the property causes physical harm, such as falling debris. The liability under tort will begin from the time that the damage is discovered (Pirelli General Cable Works Ltd v Oscar Faber and Partners [1983] 2 AC 1; Dugdale, 2006, p. 197). The same argument applies, if a latent defect is identified with respect to breach of contract. The rationale is if the design and/or the construction are defective then there should not be a limitation of liability, because it was not identifiable until years later (Abbott v Will Gannon Smith [2005] PNLR 30 CA). The case of Invercargill City Council v Hamlin [1996] 1 NZLR 513 identified that the time runs from the point of â€Å"reasonable discoverability†, which means that ABC cannot place a clause in the contract with respect to when potential liability for defect runs. B.2 Negligence and Vicarious Liability – Application to the Leaseholder and Purchaser: The main factor that is highlighted is whether there is actual or reasonable knowledge of the defect for when the purchaser and/or leaseholder can launch a claim for defective property (Murphy v Brentwood DC [1991] 1 AC 398). It is also not possible for ABC and XYZ to exclude liability for latent defect, which is the purpose of the LDA 1986. In addition, defective property may give rise to a breach of warranty, which highlights that there is liability if there is a contract in place. If the negligent harm is purely economic then there needs to be a direct contractual relationship for liability (D F Estates v Church Commissioners for England and Wales [1989] AC 177; Murphy v Brentwood DC). For example, if the negligence is due to the defect of design then this is a pure economic claim. The claim will be allowed when there is a direct relationship between the designer and the person negatively affected by the defect of design (Lowe, 2005, p. 4). The rationale is that the direct relationship creates the duty of care and proximity (McGee, 2000, p. 42). In the case of the purchasers and leaseholders, the direct relationship is created through the sale and lease deeds with ABC. The link between ABC and the architect is that he/she is an in house employee, thus there is vicarious liability. B.3 Delegation of Duty to XYZ by ABC: It may be that ABC excludes their liability to XYZ as the main contractor. There is a duty owed by XYZ to ABC to supervise, in order to prevent latent defects (East Ham v Bernard Sunley [1966] AC 406). The delegation of liability from ABC to XYZ may be furthered through a clear contractual clause, which highlights that the contractor should ensure that any design defects are corrected to maintain the obligation of quality assurance (East Ham v Bernard Sunley). Nevertheless, the contractor owes the duty of care of the average professional in the industry (Tharsis Sulphur Copper Co v M’ Elro7 (1878) 2 App Cas 1040). This means the expectation of rectification of design will only be to the extent that it is obvious to the reasonable contractor. This means that the contractor must adapt obviously defective designs into a workable solution (Turiff Ltd v Welsh National Water Development Authority [1994] Const LY 122). If he/she fails to do this then the contractor (XYZ) will be held liable. If it is not an obvious defect then the architect will be held liable. IRC v Maxse (1919) 12 TC 41 held that a profession â€Å"in the present use of language involves the idea of occupation requiring purely intellectual skill, or if any manual skills†¦ controlled by the intellectual skill of the operator† will be held liable for breaches of professional knowledge. The duty of care that is owed is of a â€Å"reasonable degree of skill and care† for the given professional (Lanphier v Phipos (1838) 8 CP 475; Midland Bank Trust Co Ltd V Hett, Stubbs and Kemp [1978] 2 WLR 167; Hedley Byrne v Heller Partners [1964] AC 465 HL). This means that if there is a defect of architectural design or supervision that the design is followed then there will case of professional negligence (Saif Ali v Sydney Mitchell [1980] AC 198; Nye Saunders and Partners (a firm) v Alan E Bristow (1987) BLR 92). This breach must be below the standard of the reasonable architect (Michael Hyde and Associates Ltd v JD Williams and Co Ltd [2000] EWCA Civ 211). Thus, if it can be shown that the defect was of design (and not construction) then the architect will be in breach. This breach will then hold ABC liable. Finally, the contracts directly with the purchasers and leaseholders will enable an economic claim under negligence for breach of professional negligence. B.4 Recommendation: Thus, the potential liability of ABC for being in control of the design has to be ascertained, in relation to the liability for XYZ continuing to carry out a defective design. This will be important for the purchasers to identify, because liability may or not be with the seller ABC. It may be worth delegating the duty of supervision and monitoring the design to XYZ. Nevertheless, it is unlikely that this will prevent a claim brought by the purchasers and leaseholders if treated as consumers, due to enhanced obligations through the direct contractual link. An exclusion clause for latent defect may be considered, but it will have no effect due to the LDA 1986 and the fact that such a defect is breach of warranty. C. Landlord Obligations: It is important to note, that ABC when acting as a landlord, owes an obligation to provide a safe and fit property. This means that all residential properties must be fit for human habitation (s. 8 Landlord and Tenant Act 1985 (LTA 1985)), which includes an implied repairing covenant under ss. 13-14 LTA 1985 (Duke of Westminster v Guild [1985] QB 688). This includes repair of the common parts (Liverpool City Council v Irwin [1977] AC 239), even if there are commercial leases that contain a leasee repairing covenant. These obligations cannot be excluded. Regardless of whether it is a commercial or residential lease, there is an obligation to ensure that the premises are not defective (s. 4 Defective Premises Act 1972). Failure to so will give rise to liability in tort, which means that the landlord must repair the premises in a reasonable manner (Ratcliffe v Sandwell MBC [2002] EWCA Civ 6 (2002) 1 WLR 1488). These obligations cannot be excluded. Recommendation: If there is a defective property ABC, as a landlord and freeholder of the property, will have to ensure that common defects are repaired. In addition, any defects specific to its commercial and residential leases will have to be repaired. Finally, in the case of residential properties there is an obligation to ensure the properties are fit for human occupation. Nevertheless, it is advisable that the general repairing option lies with the leaseholder in the commercial leases (but this will not extend to defective property (s. 4 DPA 1972). D. Trespass to Land – Trespass to Airspace: Two next issue concerns the jib is swinging over the land occupied by several neighbouring properties. This will amount to a breach of airspace (Kelsen v Imperial Tobacco Co [1957] 2 QB 334; Bernstein of Leigh (Baron) v. Skyviews General Ltd. [1978] Q.B. 479). The liability will be that of XYZ, unless ABC retains control of the site. Thus, it is advisable that there is a delegation of control to XYZ and limitation of liability, in respect to failures by XYZ to gain permission from the neighbours to swing the jib. In addition, such a clause should give special consideration of any negligence that may ensue to the swinging jib (i.e. all supervision is the obligation, which means that there is effective limitation of liability for ABC). E. Right to Light and Nuisance: There is a potential nuisance and breach of land law, in respect to the number of the adjoining buildings that have windows over the site. The private nuisance arises, because the building blocks their light (Westminster City Council v Ocean Leisure [2004] BLR 393). This is a breach of their right to light and can be a public nuisance. There needs to be special consideration that the building does not block the light, which means that the 45-degree rule should be followed (Law Commission, 2013, 4.7). Limitation of liability cannot occur, because the action will be in nuisance and under the land law. Thus, there needs to be proper designing of the building, which means that ABC will be ultimately liable as it is using an in house architect. Another potential nuisance that may arise is if ABC and XYZ do not minimise the dust and debris from the site (Andreae v Selfridge [1938] Ch1). ABC may delegate these obligations to XYZ and limit liability; however, as the owner occupier there is still a duty to supervise. This means that to limit liability ABC will need to have a supervisory plan in place. F. Occupier’s Liability: Homeless Persons Vacant Site: The frequenting of homeless people may give rise to legal liability if the site is not appropriately secure to prevent access. Section 1(1) of the Occupiers Liability Act 1957 (OLA 1957) provides a duty of care to visitors on the site (Adriaanse, 2010, p. 126). A homeless person will not be identified as a visitor; rather he/she will be a trespasser. However, the Occupiers Liability Act 1984 (OLA 1984) requires that visitors on a construction site without invitation also have to be protected. It is arguable that the property is not a construction site yet, but this does not mean that there should be no protection for trespassers at all. Rather, there is still an obligation to prevent harm to trespassers. Under s. 1(2) OLA 1957 it provides that there is an obligation to protect licensees. A licensee can be a trespasser who enters the land where the occupier is aware of the trespass and the danger (Lowery v Walker [1911] AC 10). Without knowledge of the trespass, there will not be a direct obligation (Edwards v Railway Executive [1952] AC 737). Taylor v Glasgow City Council [1922] 1 AC 44 indicates that if there is an allurement on the land, such as a vacant property then a license may be implied. This has been limited with OLA 1984, as such there is a reluctance to impute an implied license based on allurement alone (i.e. the imputed knowledge that individuals will enter the land) (Tomlinson v Congleton [2003] 3 WLR 705). The implication is that the accessibility of the site is not enough to impute occupier’s liability. The failure to prevent the homeless persons would give rise to liability under s. 1(2) OLA 1957. To discharge liability under s. 1(2) OLA 1957, ABC has to take all reasonable acts to make the property safe (s. 2(2) OLA 1957). It is possible for him to discharge liability through a notice, which identifies that no trespassers are allowed (Roles v Nathan [1963] 1 WLR 1117) and the danger of the site is identified (White v Blackmore [1972] 3 WLR 296). It may be argued that if no sign is put up, and the danger is obvious then there will not be liability against ABC because the individual has assumed the risk (Darby v National Trust (2001) 3 LGLR 29). Nevertheless, as the property is boarded up it may not be obvious how dangerous the site is to others. Recommendation: Therefore, a sign that clearly should be posted, which states that: No trespassers are allowed; and The dangers of the site The posting of the sign should be at all possible access points, in order to exclude liability. Liability for Active Construction Site: When the site becomes active, there may be dual liability under OLA 1957 and OLA 1984 for ABC and XYZ. This will depend on the nature of control by ABC and XYZ (Adriaanse, 2010, p. 126). For XYZ to be held as an occupier, it should have a degree of control and supervision (Wheat v Lacon [1966] AC 552). As XYZ is the controlling contractor then it will owe an obligation to prevent visitors, employees and sub-contractors from dangers caused by physical defects on the site (Bunker v Charles Brand [1969] 2 QB 480). It is important to stress that there is an obligation on ABC and XYZ to secure the site, which includes all moveable; otherwise liability may arise from harm that emanates from the site (Jolley v London Borough Council [2000] 1 WLR 1083). Securing of the site is also important, because if children access it and are harmed then there will be liability, even with signage, due to the frivolity of youth doctrine (confirmed in OLA 1984) (Keown v Coventry Trust Healthcare NHS [2006] EWCA Civ 39). If the harm is caused by an adult entering the site when there is clear signage of danger then there is assumption of risk and no obligation is owed (Tomlinson v Congelton). Recommendation: ABC and XYZ will need to ensure that there are special measures in place to secure the property when it is an active construction site. This is because any harm that emanates from the site needs to be reasonably mitigated (s. 2(2) OLA 1957) to protect third parties on the site or passing by the site. Securing the site, in order to prevent children entering is paramount, because signage is not enough. Nevertheless, such signage is important to prevent liability for adult trespassers, such as the homeless persons. G.Obligations under the PWA 1996: There is an obligation under s. 1(1) PWA 1996 that there must be notification of any work on a party wall, or that may affect a party wall (Jessop, 2000, p. 8). In fact, Excavations below the level of the foundations of nearby buildings also require that there are notifications under s. 6 PWA 1996. Finally, ss. 2 to 5 PWA 1996 provides that works directly on the party walls, which pose harm to the neighbour’s wall must be notified (Bickford Smith and Lamont, 2007, p. 2). The failure for ABC to notify those neighbours under the PWA 1996 will result in a civil breach of the act. In addition, any damage that is caused must be rectified (Geoffrey Kaye v Matthew Lawrence [2010] EWHC 2678). The obligations of notification are as follows: There must be at least one month’s notice before the construction starts (ss. 2-3 PWA 1996); The neighbours then have the right to consent, consent with provisos or reject the proposed building (s. 4 PWA 1996); and If the neighbour fails to reply and/or no agreement is made then s. 10 PWA 1996 must be engaged (i.e. the dispute resolution procedure) (RICS, 2011; s. 4.1 PWA 1996). A security may be requested by the affected neighbours in case there is harm to the party walls ( 12(1) PWA 1996), in order to meet the obligation of rectification. The failure to engage the notice procedure is too big a risk, because if notice is not served, and harm occurs then there is a presumption of negligence that cannot be discharged (Roadrunner Properties Limited v (1) John Dean (2) Suffolk and Essex Joinery Limited [2003] EWCA Civ 1816). Recommendation: It is essential that ABC serves notices of all neighbours that fall under the PWA 1996; otherwise, it will be in breach of the act, and if harm occurs, there is a presumption of negligence that cannot be waived. Rather, it is the obligation of ABC to prove they were not liable for the harm, which is difficult due to the nature of the harm. ABC may argue that they are not liable, because such an act is delegated to XYZ and liability limited. However, the PWA 1996 holds the property owner liable, which cannot be delegated. H. Conclusion: To summarise the following recommendations identified in each of the sections highlight that there are obligations that ABC and XYZ will owe. Many of the obligations cannot be excluded through limitation of liability clauses and notices. Those that do allow limitation of liability requires reasonable steps to be taken, in order to notify persons of the potential harm (e.g. proper and sufficient signposting of the danger of the site, prohibition of trespassers and limitation of liability). Thus, the overall advice that is given is that ABC and XYZ do not cut corners and fully comply with the law, especially the PWA 1996 due to the nature of the construction project. References: Adriaanse, J (2010) Construction Contract Law 3rd Edition, Palgrave MacMillan Bickford Smith, S and Lamont, C (2007) â€Å"Party Walls etc Act 1996: Ten Years On† Property Bar Association Mini-Conference 13th November 2007 Dugdale, T (2006) â€Å"The Date of Damage in Defective Property Cases† PN 22(3) 196-199 Jessop, D. (2002) ‘Party Wall Practice Procedure in Brief’, The Journal of the RICS Building Surveying Faculty 4, 8-10 Law Commission (2013) Rights to Light Consultation Paper 210 Lowe, D (2005) Duty of Care Deeds and Commercial Property RICS McGee, A (2000) â€Å"Economic Loss and the problem of the running of time† (2000) CJQ 19, 39-55 Cases: Abbott v Will Gannon Smith [2005] PNLR 30 CA Andreae v Selfridge [1938] Ch1 Bernstein of Leigh (Baron) v. Skyviews General Ltd. [1978] Q.B. 479 Bunker v Charles Brand [1969] 2 QB 480 D F Estates v Church Commissioners for England and Wales [1989] AC 177 D F Estates v Church Commissioners for England and Wales [1989] AC 177 Darby v National Trust (2001) 3 LGLR 29 Duke of Westminster v Guild [1985] QB 688 East Ham v Bernard Sunley [1966] AC 406 Edwards v Railway Executive [1952] AC 737 Geoffrey Kaye v Matthew Lawrence [2010] EWHC 2678 Hedley Byrne v Heller Partners [1964] AC 465 HL Invercargill City Council v Hamlin [1996] 1 NZLR 513 IRC v Maxse (1919) 12 TC 41 Jolley v London Borough Council [2000] 1 WLR 1083 Kelsen v Imperial Tobacco Co [1957] 2 QB 334 Keown v Coventry Trust Healthcare NHS [2006] EWCA Civ 39 Lanphier v Phipos (1838) 8 CP 47 Liverpool City Council v Irwin [1977] AC 239 Lowery v Walker [1911] AC 10 Michael Hyde and Associates Ltd v JD Williams and Co Ltd [2000] EWCA Civ 211 Midland Bank Trust Co Ltd V Hett, Stubbs and Kemp [1978] 2 WLR 167 Murphy v Brentwood DC [1991] 1 AC 398 Murphy v Brentwood DC [1991] 1 AC 398 Nye Saunders and Partners (a firm) v Alan E Bristow (1987) BLR 92 Pirelli General Cable Works Ltd v Oscar Faber and Partners [1983] 2 AC 1 Ratcliffe v Sandwell MBC [2002] EWCA Civ 6 (2002) 1 WLR 1488 Roles v Nathan [1963] 1 WLR 1117 Saif Ali v Sydney Mitchell [1980] AC 198; Taylor v Glasgow City Council [1922] 1 AC 44 Tomlinson v Congleton [2003] 3 WLR 705 Turiff Ltd v Welsh National Water Development Authority [1994] Const LY 122 Westminster City Council v Ocean Leisure [2004] BLR 393). Wheat v Lacon [1966] AC 552 White v Blackmore [1972] 3 WLR 296 How to cite Property Law Practice 2013-14 Report on Legal Liability, Essay examples