Saturday, December 28, 2019

Some Good Open Questions For Seeking Feedback

Some good ‘open’ questions for seeking feedback are: ï  ¶ Were you happy with last action taken? ï  ¶ What you did not like? ï  ¶ What was the best part last time? ï  ¶ How do you think I could handle this better 3.4 Management performance is regularly reviewed against standards for the job One of the last steps of supervising management of the organisation is to review management performance against predetermined standards. Performance review comprises creating and agreeing on performance standards, comparing performance against these standards and taking appropriate action. Performance standards should be objective, measurable, realistic, and stated clearly. The standards should be written in such a way that will be used to assess performance.†¦show more content†¦How to review the performance? Following methods may be used to review the performance: Informal discussions The review process can be different for different circumstances. An informal approach may be where you regularly meet with your staff to give and receive feedback, provide advice and guidance, agree on priorities, and discuss day-to-day issues. Formal performance reviews Formal performance review usually involves more organised meetings, where short and long-term objectives and priorities are set, educational and improvement needs are determined, and performance issues are discussed. Outcomes of these more formal meetings and the associated outcomes are usually documented and reviewed by participants on a regular basis. Modern performance review systems focus on two-way dialogue, goal setting, employee development and regular consistent performance discussions. Some other methods, which also may be used to review the performance, could include: ï  ¶ Assessment against performance outcomes ï  ¶ Independent assessment ï  ¶ Interview As an organisation develops, the performance management issues become more complicated and a well-structured performance review is required. ï  ¶ Revising organisational goals and objectives ï  ¶ Determining individual performance goals and objectives in line with organisational goals and objectives ï  ¶ Consulting with staff and including them in the development phase ï  ¶ Establishing the purpose

Friday, December 20, 2019

Does the Lack of Education in Africa Cause Disease and...

Most Americans are conscious of the privation and misery that exist in third world countries all around the globe. Each day millions of people in destitute counties are left starving and weakened from illnesses. Several African countries such as, Sudan, Tanzania, and Ethiopia are quintessential third world countries; they are some of the most deprived countries in the world. In these nations, warfare and government may set the foundation of poverty and disease, but several other causes throw logs into the burning fire. Lack of education in Africa is another cause for poverty and ailment. Hundreds of millions of Africans are illiterate. Due to the lack of education about disease in the continent, millions are infected with lethal illnesses†¦show more content†¦In that same area the epidemic claimed the lives of over 2.3 million people last year as well as 3.1 million people. The virus is expected to rapidly grow over the next few years because of the lack of care, treatment, and education. Four countries in Africa now have over 24 percent of their adult population with HIV, theses countries being Botswana with 37%, Lesotho with 29%, Swaziland with 39%, and Zimbabwe with 25%. In the Sub-Sahara life expectancy is shortened by 15 years due to the AIDS plague. In the western world one can live with HIV/AIDS because they can afford proper medication, testing is easy, and condoms are available. However in Africa these things are not available and many are left uneducated about the deadly disease. This is why the virus shows no evidence of slowing down in Africa (Avert). The last thing a parent in Africa, or anywhere, wants to hear is that the age at which a child has their first sexual encounter is getting younger and younger, while HIV/AIDS is spreading more and more. With the HIV/AIDS running rampant all over Africa, sex education is needed more than ever and can be a possible antidote for the HIV/AIDS virus. Some even say that replacing the study of reproduction in the biology syllabus with a sex education class assists the cause all the more. According to the United Nations Population Fund, in some parts of Africa 33% of juveniles have had sexual intercourse by their sixteenth birthday and for youngShow MoreRelatedHIV/AIDS in Botswana.1525 Words   |  7 PagesAn estimated 25 million people in Africa were living with AIDS in 2003 (AIDS and HIV Statistics for Africa). In Botswana alone, the AIDS prevalence rate is an immense 36.5% (HIV and AIDS in Botswana). In Botswana, AIDS has been an ongoing epidemic since the first case reported in 1985 (HI V and AIDS in Botswana). AIDS is caused by the Human Immunodeficiency Virus (HIV), which weakens a person s immune system causing them to be more susceptible to infectious diseases such as meningitis, pneumonia, theRead More28 Stories of AIDS in Africa, by Stephanie Nolen1022 Words   |  5 PagesStephanie Nolen was already known for her work as the Globe and Mail’s Africa correspondent, ranging from the effects of war on women and children, to Stephen Lewis’ fight to end AIDS in Africa, when she published 28 Stories of AIDS in Africa in 2007. 28 is Nolen’s attempt to reflect the 28 million Africans who had HIV in 2007. Nolen gathered the testimonies of 28 individuals including orphans, miners, grandmothers, soldiers, the clergy, and Nelson Mandela. In this book, Nolen seamlessly integratesRead MorePoverty in Kenya, Africa868 Words   |  4 Pages Poverty is one of the biggest problems that the world faces in present time. The poverty that takes place in more underdeveloped countries such as Kenya, Africa, is majorly affecting the citizens because of the diseases that are being spread throughout the entire state, the lack of medical supplies that is needed for each doctor, and unsanitary water and a very insufficient amount of food. The health and well being of the citizens of Kenya, Africa is horrific, many of the diseases that are spreadRead MoreThe State Of Education During Sub Saharan Africa870 Words   |  4 PagesThe state of education in Sub-Saharan Africa is in crisis. UNICEF (2013) research has shown that 40 million children in Africa currently do not attend school. The enrollment figures indicate that there are fewer educational opportunities in sub-Saharan Africa than in the five countries in the northern part of the continent. More than 100 million children of primary school age do not attend school worldwide, of which a vast majority of these children are in sub-Saharan Africa (UNICEF, 2013). HoweverRead MoreOutline Of A Diversified Health Occupations Essay917 Words   |  4 Pages Ryan Sherman Diversified Health Occupations Block 2A Sub-Sahara Africa Malnutrion Introduction Food will always be one of the most important things in your life. Every living thing on the face of the earth needs nutrition to survive, grow, and reproduce. Unfortunately, about 795 million people in the world do not have enough to eat. This number represents about 1 in 9 people on the planet and is much higher in developing countries where 13% of the population is malnourishedRead MoreAfrican Poverty And Its Effects On African Africa1695 Words   |  7 Pages Africa is a blessed continent with all possible resources including human resources and in natural resources. This brings a question of whether these African resources have been used by African to benefit themselves. Africa the second most populous continent on the planet, after Asia. and the population keeps grows every day. Many European and Asian countries have highly benefited economically from African huge populations. In contrast, African huge population has become the greatest challenge toRead MoreOutline Of A Diversified Health Occupations Essay1248 Words   |  5 PagesRyan Sherman Diversified Health Occupations Block 2A Sub-Saharan Africa Malnutrition Introduction Food will always be one of the most important things in your life. Every living thing on the face of the earth needs nutrition to survive, grow, and reproduce. Unfortunately, about 795 million people in the world do not have enough to eat. This number represents about 1 in 9 people on the planet and is much higher in developing countries where 13% of the population is malnourished. MalnutritionRead MorePoverty Between The Rich And The Poor993 Words   |  4 Pagespeople’s living standards is below the poverty line, without access to essential resources such as food, health care or education. Poverty, which is a multi-facet phenomenon in today’s globalised world, is rooted in several causes and there are also multiple ways to eliminate it. This paper will discuss two main factors that cause poverty in developing countries, including overpopulation and corruption. It then suggests possible solutions to eradicate poverty, which include controlling populationRead MoreHunge r Is Not An Issue Of Charity1625 Words   |  7 Pagesto Stop World Hunger†). Every year, millions of people die all over the world due to disease, war, and old age, but hunger is commonly overlooked. Diseases like cancer are constantly being studied in order to find a cure, but for hunger, there is one cure: food. While charity is essential to fighting hunger in Africa, it only meets short-term needs. It feeds people, clothes them, and gives them shelter, but it does not solve the issue of hunger and the reasons hunger exists. Justice enables socialRead MorePoverty Of Poverty1038 Words   |  5 Pagesprosperity. So why does poverty still exist, and can it ever be truly eradicated? For the majority of human history people have been consistently plagued with disease, hunger, thirst, and many other dire ailments. However, within the last two-hundred and fifty years these impediments have become decreasingly common. Furthering scientific research and the development of technolo gy has allowed much of the world to increase their standard of living and reduce the amount of deaths caused by lack of food and

Thursday, December 12, 2019

Australian Securities and Investments †Myassigngmenthelp.com

Question: Discuss About the Australian Securities and Investments? Answer: Introducation ASIC v Rich [2009], was one of the biggest civil cases in NSW Supreme Court history in which the Australian Securities and Investments Commission charged previous executive directors of One Tel telecommunications company, Jodee Rich and Mark Silbermann of not being able to perform their duty of care during the months leading up to the companys collapse in the year, May 2001. The decision of the case came out after nine long years. In the year November 2009, the NSW Supreme Court Judge Robert Austin meticulously released ASICs case against the directors stating that the corporate controller was unsuccessful in confirming any facet of its implored case alongside each defendant. One Tel was a service provider of GSM mobile and long distance phones formed in the year 1995. Section 180 And 181 Of The Corporation Act 2001 As per the Corporations Act 2001, all the directors and such other executives are required to perform their duties with due concern and assiduousness as per Section 180. Further to this, Section 181 of the Corporations Act 2001 states that along with ensuring due care and diligence, they are required to act in good faith i.e. to act in a manner that is best for the company and for a fit purpose (Grace, 2010). It is a civil obligation of the directors thus non-adherence to any of these will attract civil penalty as well. As per the Act, it is construed to be a criminal offense conducted by a director if he contravenes Section 181 (Commonwealth Consolidated Acts, 2001). Asic V Rich-Duties And Responsibilities Breached And Why As One Tel failed in the year 2001, ASIC firstly filed a case against four of its directors, Joint Chief Executives Jodee Rich and Bradley Keeling, finance director Mark Silbermann and Chairman John Greaves. As per ASIC, they had committed breach of duty of care and conscientiousness under Section 180 (1) of the Corporations Act 2001. ASIC had issued civil penalties banning them to act as the directors in any other company and along with the same compensate up to $92 million. However, Keeling and Greaves had accepted the said ban but the other two did not agree with the charges put forward by ASIC. As per ASIC, the directors failed to comply with their duties of care and diligence by fading to reveal to and preservation from the One Tel board, data about the companys actual economic situation amid January and May 2001 (Hooper, 2011). Section 180 of the Corporations Act 2001, clearly positions that the directors owe the performance of fundamental duty to perform their authority and release their duties with care and diligence that a sensible human being would implement, taking into consideration the companys situation, the positions engaged by the individuals and their errands entrusted (Heath, 2009). Section 180(2) known as the business judgement rule states that a director will be considered to have been discharged his duty as per Section 180 if he or she makes a business decision in superior reliance and for a reason which is fit for the companys future success, does not have any vested interest in the decision being taken, intimates himself with regards the details of the decision to the extent he or she logically thinks it to be apt and with appropriate reasoning trusts the fact that the decision is being taken for the benefit of the company (Jacobson, 2015). The particular judge named Justice Austin takes a look at the past case laws and in particular cases where he has spelt out decisions in such similar matters. After analysing the present scenario of Rich and Silbermann with regards the nature of care being undertaken while taking a decision, the basic question that he looked at was the degree to which the benchmark of demeanour likely from a director is intentional or prejudiced and, specifically how the court will have observed to the conditions of the appropriate business and the errands of that particular director or officer. As per Austin J, the constitutional duty of care under Section 180(1) must be defined by orientation to the temperament and degree of the rationally probable peril of damage to the company that might arise from a directors act or error. The section also pens down the fact that a director does not have the duty to try to safeguard a company from such risks which are not logically predictable. However the said case study fails to examine what kind of risks may be defined under the head reasonably foreseeable. ASIC v Rich mentions two more principles for guiding whether a breach of section 180(1) has occurred or not. Firstly there lies a difference between a conduct which leads to contravention of Section 180(1) and mere mistakes or wrongdoings. Directors lie at such a position in a company that at times situations seem to be very difficult for them wherein they even end up making gross mistakes, but the same may not be intentional in nature thus not leading to a contravention of Sectio n 180(1). Secondly, as per Austin J, there lies a differentiation between breach of Section 180(1) and a mistake leading to the merits of a business decision (Reza, 2011). Simply because the said section is not tilted towards dampening of the company or punish ineffective capitalist actions. Although Austin J, stated that ASICs claim was incorrect against Rich and Silbermann as they failed to give any evidences of such a breach, His Honour nevertheless accounted for the normal and usual situations in which a director would have been said to have breached the statutory and compulsory duty of care under Section 180(1). As per the judge, had the conduct of the directors fallen below the standards of a reasonable individual as is described in the said section, then it would have been considered that a contravention has occurred. In this case study, the regulator i.e. ASIC could not establish any specific conduct of the key personnel which led to such a breach, rather simply pointed out towards the general conduct of not disclosing financial data. It is further construed that a director or officer or an executive will not be held responsible for any such contravention with regards performing the duty as a director with care and diligence if he or she can prove that the judgement was purely for the purpose of the company without any personal interest attached to the same, the directors have a self belief with regards the fact that the decision taken is right in all aspects and best for the business and the belief is logical enough basis a series of reasons. However as per Austin J, one important question that should be asked by the directors of a company is whether the officer had applied his brains with regards the particular matter or not. Thus in this case, His Honour had said that the directors had not breached any duty as they had applied their brains to the matters in problem and made decisions accordingly, unlike to what ASIC claims (Baxt, 2005). Critically Analyse The Courts Decision The said case study entails to a brilliant assessment of the duties of a director. His Honour had referred to his preceding judgement in case of Vines V ASIC in which case he had mentioned that the mandatory duty of care was born out of tort law. Specifically, Austin J hade extrapolated that a companys situations needs contemplation to be vested with regards the type of the company, the size as well as the industry t which it belongs along with the constitution of the board and how the work is disseminated amongst the executives. Further, His Honour also stated that a reference to similar errands within a company is not restricted to particular jobs circulated amongst the executives formally and lastly, Austin J also stated that there should be a differentiation between the contravention of the duty of care and diligence mentioned in the Act and mere errors and mistakes (Holdingredlich.com 2010). In the particular case, His Honour also investigated deep into unexplored spheres of the business judgement rule wherein he discovered that the said rule also gives a protection for the directors who may have been alleged of contravening the duty of care if they had taken a decision in good faith, for a particular acceptable purpose, without having any significant interest, properly intimated each other about the said subject matter and logically trusted in their own decision that the same has been taken for the good health of the company. However as per Justice Robert Austin, the proofs submitted by ASIC failed to form the case in favour of the regulator. Although they had submitted a huge volume of evidence which trued to establish the fact the usual and the normal conduct of the directors were not in line with the Act, thus leading to infringement of the same, but as per Austin J, the regular should have presented such evidences which pointed towards some specific and particular conduct to institute a contravention on the remaining of probabilities (Foglia, Bassingthwaite, 2009). As per the final verdict passed, ASIC has been found to make some mistakes which included a disappointment to identify witnesses who could describe unclear certification, the usage of an expert observer with a potential divergence and contending that One Tels financial position should be looked upon from an Australian view point. Unfortunately, One Tels finances and money related matters could not be taken in an Australian perspective for a simple reason that the treasury was tied up in other countries as well. The decision in the present case should be looked upon as bringing back to life the business judgement rule as it is present in the Australian corporate law, so that the said rule has the potential to give a defence in certain scenarios which would else be construed as being a breach of duty. The said should be appreciated, even though the disagreement and debate is expected to persist via a secure and decisive reflection of the rightness of reckoning in ASIC v Rich. However, the decision taken by Justice Austin in favour of directors and against the regulators has brought in a question with regards whether ASIC should ever bring in actions again challenging to institute so much in such a short period of time as in the case of ASIC v Rich. ASIC has accredited the fact that the decision pronounced for the said case has acted as a guidance on how to run cases and matters in future (Cutlers, 2009). Unfortunately the decision given by Justice Austin has led to many unattended questions with regards the collapse of such a huge corporate house. One of the questions whose answers are still being looked for is whether One Tel would have endured if in the year 2001, PBL/CPH and news had upheld their support for the corporation and executed there to guarantee an acutely inexpensive right issue to raise $132 million. Due to the said evidence presented by the directors, His Honour had to reject the evidences submitted by ASIC with regards the financial figures for the month of February, March and April 2001 and to consider and account for the figures that have been mentioned in Chs 11,13 and 15. Further if these figures are expected to be correct, then a fund raising along with the support of the investors would have led the company survive till November 2001 , as by that time, as per the business plans set out, the company would have been able to fight against the cash problem and woul d have had a healthy flow of cash. Thus as per Austin J, it was the lack of support from the shareholders and the desertion of the right issues due to which the company toppled down (Legg, Jordan, 2013). Conclusion Thus on analysing the said case study it is understood that the judgement pronounced by Justice Robert Austin is one of its kind and it is not every time that a decision against the regulator is taken. However, the said judgement has given a new face to the directors duty with regards conduct their duty with care and diligence and to the business judgement rule. It has explored the said rule in depth which was otherwise never looked upon in the past. ASIC also is required to pull up their socks in case of defending a case with regards the kind of proofs they submit as the court weighs specific evidences above the general ones. References: Baxt,B., (2005), Duties and Responsibilities of Directors and Officers, 18th Edition, Southwood Press Pty. Ltd: Australia Commonwealth Consolidated Acts, (2001), Corporations Act 2001- Sect 180, Available at https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s180.html (Accessed 11th May 2017) Cutlers, T.P., (2009), ASIC V Rich : Dont be discouraged : Judicial support for responsible risk taking in a corporate environment is still good law, Available at https://www.tglaw.com.au/wp-content/uploads/awms/Upload/Files/Alert%20-%20DO%20-%20OneTel%20-%20December%202009.pdf (Accessed 11th May 2017) Foglia,M., Bassingthwaite,R., (2009), ASIC unable to reel in the Rich- Australian Securities and Investments Commission v Rich, Available at https://www.wottonkearney.com.au/asic-unable-reel-rich-australian-securities-investments-commission-v-rich/ (Accessed 11th May 2017) Jacobson,D., (2015), Case Note: Directors Successfully Rely On Business Judgement Rule, Available at https://www.brightlaw.com.au/case-note-directors-successfully-rely-on-business-judgment-rule/ (Accessed 11th May 2017) Grace,D., (2010), Directors Duties and the business judgement rule: Justice Austin offers some clarification, Available at https://www.cgw.com.au/publication/directors-duties-and-the-business-judgment-rule-justice-austin-offers-some-clarification/ (Accessed 11th May 2017) Heath,W., (2009), One Tel. Wipe out ASIC v Rich, Available at file:///C:/Users/E-ZONE/Downloads/asic_v_rich_outcomes_december2009%20(2).pdf (Accessed 11th May 2017) Holdingredlich.com., (2010), Insight: Corporate and Commercial, Available at https://www.holdingredlich.com/assets/docs/Insight%20-%20Corporate%20Commercial%20-%20March%202010.pdf (Accessed 11th May 2017) Hooper,M., (2011), The Business Judgement Rule : ASIC v Rich and the reasonable rational divide, Corporate Governance ejournal, vol 5, Available at https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1021context=cgej (Accessed 11th May 2017) Legg,M., Jordan,D., (2013), The Australian Business Judgement Rule After ASIC V Rich : Balancing Director Authority and Accountability, Adelaide Law Review, vol.34, no.2, Available at https://www.austlii.edu.au/au/journals/AdelLawRw/2013/21.pdf (Accessed 11th May 2017) Reza,M., (2011), The One Tel. Collapse: Lessons for Corporate Governance, Australian Accounting Review [Online], Available at https://research-repository.griffith.edu.au/bitstream/handle/10072/42673/74746_1.pdf;jsessionid=1154ECE89AE54B605015472CF38EF61C?sequence=1 (Accessed 11th Ma

Wednesday, December 4, 2019

Business Law for Caparo Industries pIc v Dickman- myassignmenthelp

Question: Discuss about theBusiness Law for Caparo Industries pIc v Dickman. Answer: Introduction Tame v New South Wales (2002) 211 CLR 317 is amongst the leading cases of Australia when it comes to the obligation which one person owes to another based on negligence and the resultant contravention which lead to psychiatric injuries. This case saw the plaintiff making a claim of negligence against the law enforcement officer, in addition to the defamation as a result of the clerical mistake which the police undertook while the accident report was being filed. Upon the appeal being made against the police by the plaintiff based on the undertaken negligence of police in resulting in her psychiatric condition, the High Court rejected the appeal of the plaintiff. In this report, the police had wrongfully stated that blood alcohol level of Tame as .14 but this was actually the alcohol level of the other driver. And it was claimed by Tame that due to this, she felt that no one respected her and this is the reason why she developed the psychiatric state (Sappideen, 2009). Through the dis cussion being carried here, the case has been detailed where the issues and arguments presented by both the parties have been stated and the decision of the court has been critically analysed. Factual Background Tame in this case was involved in a collision of motor vehicles which took place on 11 Jan 1991 at Richmond, in Sydney. The accident occurred due to the fault of the other driver, Terence Lavender. After the accident, the law enforcement officers checked his blood alcohol level and it stood at .14, whereas the blood alcohol of Tame was 0 when the reading was taken (Federation Press, 2017). Constable Morgan was responsible for preparing the traffic collision report and he was a part of the Windsor Police Station. While preparing this report at the incident spot, he left the blood alcohol reading details of both Tame and the other driver as blank. In Feb 1991, the then acting traffic sergeant filled these blank segments and while filing, accidently switched the blood alcohol of both the drivers, where the other driver was stated to have 0 alcohol level and Tame to have .14 as the blood alcohol level. In around Mar 1991, the mistake was detected by the acting sergeant and he made corrections to the original report at this time (Health Law Central, 2017). Lavender was sued by Tame since he was driving a vehicle which was not insured as was required by the law and this claim was handled by NZI, which was the insurance company. Upon the settlement of the claim, Tame was awarded a significant value. However, come May 1992, the insurance company became hesitant when it came to payment of the physiotherapy treatment which was needed by Tame as a result of her injuries and this made Tame very anxious. The attorney of Tame, Wellers, was informed by Tame that she had no history of drinking and that she had no current drinking issues since the last 20 years. The attorney was also informed that the notion of being drunk was so wrong that she was horrified of it. This reaction of Tame was highlighted upon Weller informing her that the report showed that Tame had been drunk when the accident took place. And Tame was very apprehensive about her reputation which would be damaged as a result of the grave error. The police issued a formal apology to Tame for their mistake; and still Tame continued to blame the law enforcement for the NZI being reluctant in their payments for her treatment. After some time, Tame became obsessed with this issue and was clinically diagnosed with the psychotic depressive illness. As a result of this, a claim was initiated by Tame in the NSW District Court against the police (Federation Press, 2017). Issues and Arguments of the Parties Tame in this case, blamed her psychiatric injury as being resulted from the negligence of the police law enforcement officer where they failed in properly stating down her blood alcohol level in the accident report. This in turn, as per the plaintiff, led to the apprehensions on part of NZI in making the payment for her treatment. And it also resulted in her reputation being tarnished as she had been sober since last 20 years. She claimed that the police officer owed her a duty of care to properly state the right facts in the report and by not doing so, the duty of care owed towards her was breached as this breach of duty resulted in her psychiatric injury. The defendant highlighted that they had already issued a formal apology to Tame. They also stated that the claim of defamation being cited by the plaintiff was out-rightly wrong. This was due to the fact that for a claim of defamation to be upheld, it has to be shown that the careless misstatement of the defendant was relied upon by a third party. Here, it was very clear that no one had made reliance over this careless misstatement of the police officer. This can be proved from the fact that plaintiff had no evidence for this to have occurred. And also from the fact that the insurance company had considered the changed report which had been made by the police after the careless misstatement was noticed and corrected upon. So, even the insurance company had not made reliance on the police officers careless misstatement (HCA, 2017). The plaintiff also made an argument that the police officer had been negligent in the report which had been prepared by them and this was the reason why she developed a psychiatric condition. In this regard, the defendant highlighted that for making a successful case of negligence, one has to establish certain elements (Harvey and Marston, 2009). These include foreseeability, duty, its breach, resulting harm, direct causation and remoteness of losses (Gibson and Fraser, 2014). In this regard, the defendant cited Caparo Industries plc v Dickman [1990] 2 AC 605 for establishing that a duty of care was never owed by the defendant to Tame (E-Law Resources, 2017). This test requires proximity between parties, justness of penalties, along with the risk of harm to be reasonably foreseeable, for showing that a duty had been owed (Lunney and Oliphant, 2013). The defendant highlighted that this case did had proximity between the parties. Also, there was a clear lack of reasonable foreseeability in this matter. This was because no one could have predicted that if an accident report had been filled wrongly, the consequence of it would be a psychiatric injury and to state this as being reasonably foreseeable would be completely wrong. Hence, in case penalties are imposed over the defendant for these reasons, these would not be deemed as just or as being reasonable. So the threefold test given under Caparo could not be satisfied by the plaintiff, which means that no duty of care was owed by the defendant towards her (Australasian Legal Information Institute, 2017). The defendant also relied upon the famous English case when it came to the question of owed duty of care and foreseeability of losses and this was the case of Donoghue v Stevenson [1932] UKHL 100. In this case, the manufacturer was made liable towards the plaintiff for the breach of duty of care as a result of dead snail found in the manufactured ginger beer bottle (Latimer, 2012). However, the defendant stated that in the quoted case, the contaminated bottle was bound to injure the plaintiff, but here, the police officer could not have foreseen that wrongly stating the blood alcohol level would give someone a psychiatric injury (HCA, 2017). Reference also had to be made to Jaensch v Coffey [1984] HCA 52, where the requirement was to establish a relationship for duty to be present (Swarb, 2015). Even though there was a relationship, but it was not which resulted in the police officer being liable for psychiatric injury of the plaintiff. Another key point of this case was regarding the duty of care which was cited by Tame as being a general public member. In this regard, the defendant presented that it was very true that the police officers owe a duty of care towards the citizens; however, the duty which they owed towards Tame was to safeguard her from a possible criminal activity and this duty of care was not meant to protect Tame from a psychiatric injury since this was not their duty and also because the same was not related to the undertaken error (North, 2017). Yes, there had been an error as was accepted by the defendant but it was not related to the psychiatric injury of Tame since there was a sheer lack of correlation between the undertaken error and Tames psychiatric condition. Even though the injury was of substantial nature and damages would have been awarded, but that would have been the case only when the duty of care and foreseeability had been present, which was not the case (HCA, 2017). Court Judgment The appeal made by Tame in this case had been rejected by the High Court because they agreed with the points raised by the defendant where they could not predicted in a reasonable manner that by a wrong filing of form, a person could become mentally ill and this foreseeability was not only for the police, but for any prudent person (Vines, Roque and Rumber, 2010). In the view of the judges, the case of Donoghue v Stevenson helped in this regard, particularly when it came to the presence of duty of care and the reasonable foreseeability of the injury. The police officers, as per the High Court, did not have such an obligation of care which required them to prevent Tame from distress as a result of the wrongly filled report. The reason for this was given by the High Court as the case where the police officers if are made to check the emotional distress being caused to another person as a result of filing of report, then they would not be able to file an honest report as reports can off end even a rule breaker. Hence, the police could not be made liable for foreseeing the mental health of Tame when they were filing the alcohol report (HCA, 2017). The court also stated that the damages were to be awarded only in such cases where there had been a recognized psychiatric injury and one cannot be given these when there has been a distress caused to such person (Handford, 2017). For the Tames case, there was a lack of special relationship which could have made the law enforcement officer liable based on the case of Donoghue v Stevenson. The duty of care which is subjected to investigation would conflict with the duty of a police officer being in their position. And so, the police officers had to keep the duty as being a police officer before anything else (HCA, 2017). McHugh J viewed the obligation of care as something which would be owed only in cases of a nervous shock or psychiatric injury being foreseeable to a normal fortitude of an individual (Richardson, 2017). The injury, to be reasonably foreseeable, had to conform to the neighbour principle and reasonableness had to be given supremacy. This led to the court concluding that a duty of care was not owed by the police officers towards tame due to conflicting duties and the lack of foreseeability being reasonable. And so, a psychiatric injury could not be made successful (Webstroke Law, 2017). Critical Analysis The decision given in this case had been correct as the police officers could not be made liable for something which could not reasonably be foreseen. Also, the case made by defendant was very strong as they highlighted different cases to prove their point. The defendant had already apologized for wrongly filing a report and blaming them for a mistake, which has been corrected and which has shown to not have impacted the insurance companys payments. Hence, the court had rightly ruled in the favour of the defendant in this case. References Australasian Legal Information Institute. (2017) Tame v New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 (5 September 2002). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/cth/HCA/2002/35.html [Accessed on: 03/10/17] E-Law Resources. (2017) Caparo Industries pIc v Dickman [1990] 2 AC 605 House of Lords. [Online] E-Law Resources. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 03/10/17] Federation Press. (2017) Tame v New South Wales Annetts v Australian Stations Pty Ltd. [Online] Federation Press. Available from: https://www.federationpress.com.au/pdf/Tame%20v%20New%20South%20Wales.pdf [Accessed on: 03/10/17] Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Handford, P. (2017) Psychiatric injury: the new era. [Online] The University of Western Australia. Available from: https://research-repository.uwa.edu.au/files/1003225/3609_PID3609.pdf [Accessed on: 03/10/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. HCA. (2017) Tame v New South Wales [2002] HCA 35. [Online] HCA. Available from: https://eresources.hcourt.gov.au/downloadPdf/2002/HCA/35 [Accessed on: 03/10/17] Health Law Central. (2017) Tame v New South Wales; Annetts v Australian Stations Pty Limited [2002] HCA 35. [Online] Health Law Central. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 03/10/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. North, D.O.J. (2017) Personal Injury Claims Psychiatric Injury. [Online] Bar Web. Available from: https://portal.barweb.com.au/upload/fck/north%20sc%20-%20pi%20claims.pdf [Accessed on: 03/10/17] Richardson, B. (2017) Nervous shock in the High Court. [Online] Find Law. Available from: https://www.findlaw.com.au/articles/1364/nervous-shock-in-the-high-court.aspx [Accessed on: 03/10/17] Sappideen, C., at al. (2009) Torts, Commentary and Materials. 10th ed. Pyrmont: Lawbook Co, pp. 209-10. Swarb. (2015) Jaensch v Coffey; 20 Aug 1984. [Online] Swarb. Available from: https://swarb.co.uk/jaensch-v-coffey-20-aug-1984/ [Accessed on: 03/10/17] Vines, P., Roque, M.S., and Rumber, E. (2010) Is nervous shock still a feminist issue? The duty of care and psychiatric injury in Australia. [Online] Bar Web. Available from: https://sites.thomsonreuters.com.au/journals/files/2010/10/j19_v018_TORTLREV_pt01_vines_sanroque_rumble.pdf [Accessed on: 03/10/17] Webstroke Law. (2017) Tame v New South Wales [2003]. [Online] Webstroke Law. Available from: https://webstroke.co.uk/law/cases/tame-v-new-south-wales-2003 [Accessed on: 03/10/17]

Thursday, November 28, 2019

The Causes, Characteristics, and Aims of Revolutions

Introduction Throughout the history of human society and governance, various forms of protestations by the governed have characterized disagreements between the governor and the governed. These differences between the rulers and their subjects usually lead to a need for negotiations, and subsequent governance changes in order that the society might continue to exist peacefully. Advertising We will write a custom research paper sample on The Causes, Characteristics, and Aims of Revolutions specifically for you for only $16.05 $11/page Learn More However, when the rulers in such a situation ignore the usually genuine demands of their subjects, the outcome is usually a form of protest and demonstration by the governed in order to express their views more powerfully. Such protests take various forms, and the outcome may be concessions that assuage the demands of the protesting governed or increased control and continued recalcitrance by the rulers and govern ors concerned. Revolutions are borne out of such stalemates. Dictatorship/autocracy, poverty/inequality, and a desire for personal and communal liberty have characterized the demands of most revolutionary quests throughout history, and this commonality of demands can be seen in the demands of revolutionary masses of the 17th Century Glorious Revolution, as well as, the present day Arab Spring revolutions. In this paper, a historical analysis of crucial revolutions in different countries and eras – beginning with the Glorious Revolution in England and ending with the Arab Spring revolutions of recent days – will be undertaken. The causes, characteristics, and outcomes of these revolutions will be analyzed. The commonality of the revolutions and their importance in a socio-historical context will also be provided in the conclusion. The Glorious Revolution of 1688 The Glorious Revolution in England, in 1688, toppled the then English King James II. King James II’s moderate religious views, and the general excesses of the English Monarchy, stoked the fires of the revolution. The Glorious Revolution in England is significant because many of its sociopolitical and religious outcomes extend to contemporary times (Miller 58). Although the King’s religion of Catholicism was a crucial factor for parliamentarians’ opposition to his reign, a general dissatisfaction with the King’s aristocratic reign and accompanying monarchical powers attracted opposition. As a Roman Catholic, William II began a series of maneuvers that were meant to grant Roman Catholics in England more political voice, despite the majority of citizens in England being protestant. The English King also had a strained relationship with Parliament, and he frequently used his powers to usurp the role and functions of the legislature. Naturally, these actions earned him few friends amongst the English ruling class and citizens. Advertising Looking for research paper on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Matters became intolerable when James II’s wife gave birth to a son, who as the heir, apparently meant that Catholicism in the monarchy would continue through him, and more importantly, the reign of unchecked aristocratic powers. English legislators thus began fomenting a rebellion, and after striking a deal with the Dutch King (William of Orange), the latter attacked England with a view to toppling King James II. In England, the invasion was successful in short order. Widespread dissatisfaction with the policies and actions of the King ensured that the masses offered little support to the King and thus did not fight him. King William of Orange and his wife Mary were subsequently enthroned as joint monarchs over England, Scotland, and Ireland. The Outcomes of the Glorious Revolution One of the leading and most serious consequences of the Glorious Revolution was th e vindication of parliamentary democracy over monarchical rule in England. Because King James II had, many times, acted unilaterally and rendered parliament irrelevant, the leaders in England were keen to ensure a repeat of such actions never occurred. Thus, the role of parliament as a law making body was established, with the King having no power to inviolate laws enacted by parliament, as James II was wont to do. Catholicism as a religion was also banned from the Monarchy, with the monarchs now forbidden from marrying Roman Catholics too. More importantly, the Glorious Revolution led to the drafting of the Bill of Rights, a blue print for many subsequent democracies and republics keen on ensuring that the citizens enjoyed a broad-based number of inalienable rights enshrined in law. The American Revolution (1776-1783) The American Revolution was the war waged by the then thirteen colonies of America against the British Empire with the aim of severing links with Britain. The coloni es desired to chart their on social, political, and economic paths outside of the direct influence, ruler ship, and domination of Britain. The American Revolution/war of independence from 1776-1783 was caused by various socio-economic and political factors. Chiefly, the leaders and masses in the colonies were opposed to the reign of Britain over them, and desired to establish a union of independent states connected at a federal level each with its own government (Creviston 465). The economic causes of the American Revolution were many and varied. A series of unpopular taxes imposed by Britain fuelled the Revolution. The Townshend Act, which placed taxes on a number of essential goods like paper and tea, was particularly unpopular, leading the colonists to boycott British goods. The Stamp Act, which required many commodities to be certified with a stamp in the colonies, with the amount for the Stamp being the tax, was also hugely unpopular and fanned anti-British sentiments in the colonies. The taxes levied went directly to Britain hence had no economic benefit for the colonies, yet they were forced to pay them. The British also enacted laws forbidding the colonists from trading with other nations besides Britain, which was economically disadvantageous to the colonists.Advertising We will write a custom research paper sample on The Causes, Characteristics, and Aims of Revolutions specifically for you for only $16.05 $11/page Learn More One of the foremost political reasons that led to the American Revolution was the fact that, the American colonists were subjected to the authority of the British laws, yet they had no representation in the British parliament. Decisions directly affecting the political and economic structure of colonial America were being made in Britain, thousands of miles away from the playground. This prompted the then thirteen states to unite and declare independence from the British Empire in 1776, which they accused of several acts of injustice, and these acts in their view had rendered Britain an illegitimate government, as far as the affairs of the colonies were concerned. In a similar fashion to the Glorious Revolution, the American Revolution was carried out via military wars and actions. The colonists engaged the British army at various points/locations in the American continent, and after a protracted 7-year Revolutionary War, the British granted independence to the United States. Outcomes of the American Revolutionary War Economic and political independence from Britain was the ultimate aim of the American Revolution, and these aims were achieved when the British granted the colonies independence. More importantly, the Revolution led to the establishment of the United States of America, a nation later to become a world power, and leader in democratic ideals throughout the globe. The ideals of the revolutionary fighters, as spelled out in the Declaration of Independence, have se rved to inspire many other independence seeking groups and fighters throughout history. The French Revolution (1789-1799) The French Revolution came soon after the end of the American Revolution, and paragons and accomplishments of the American Revolution served as inspiration for the French masses when they began their own revolution. Widespread poverty, high-handed aristocratic decrees by an Absolute Monarchy, profligate spending by the monarchy-leaning ruling class all contributed to the French Revolution (Hunt 7). As indicated earlier, inspiration also came from the successful American Revolution, where the contents of the Declaration of Independence formed indispensable reference for the French revolutionaries. King Louis XVI’s reign had been widely unpopular, and the perceived excesses of his wife Marie Antoinette, in the face a bankrupt economy, served to turn the anger of the starving masses towards the ruling class.Advertising Looking for research paper on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The French Revolution was carried out by the masses in the cities and peasant in the rural areas, mostly led by left wing liberals who loathed aristocracy and embraced the ideals of democracy (Griffith). The masses attacked various government and monarchical establishments, most times massacring the guards and tenants they found in these buildings (Orczy 1). A few years into the revolution, the Jacobins (the de facto leaders of the revolution) declared a France a republic. King Louis XVI was guillotined in January 1793, while his wife, Queen Marie Antoinette, was similarly executed in October of the same year. Reign of terror followed, where the zeal to get rid of the traces of French aristocratic and Monarchical past led to the execution by the guillotine of most members of France’s aristocracy class and the monarchy, together with their perceived supporters. Outcomes of the French Revolution The French revolution led to the abolition (although it was later briefly re-estab lished) of the Monarchy as the supreme ruling power in France (Thomas). The Church, with Catholicism as a veritable state religion, had a limited state role after the revolution. The declaration of the rights of French citizens in the document known as The Declaration of The Rights of Man and of the Citizen, which served as a liberty guide for the masses engaged in the revolution, enshrined rights to the masses that they were previously denied. The French established a republican style of governance, which under Napoleon Bonaparte become highly militaristic. Given that the church and the ruling class in pre-revolution France owned the largest share of land, after the Revolution, French citizens were able to exercise more property and land ownership rights after the limiting of the powers of these two entities (Betros 17). The Russian Revolution (1917) The Bolsheviks, who led the masses in violent demonstrations against the rule of Tsar Nicholas II, instigated the Russian Revolution . Under Tsarist autocracy for centuries, the Russian masses had grown weary of the excesses of Tsarist rule. When the First World War began, the economic repercussions experienced of the war by the masses created a sense of dissatisfaction in Tsar Nicholas II’s rule. The war meant that the masses had to receive rationed quantities and had to forgo the luxury of utilities available during peacetime. While the masses suffered, the ruling autocratic class continued to live a luxuriously, and the dissent against these inequalities culminated in a revolution that began in March (Ross 22). The transitional leadership similarly failed to live up to the expectations of the masses; consequently, it was subsequently toppled by communist Bolsheviks in November of the same year. Violent demonstrations and battles characterized the Russian revolution, and after assuming the reigns of leadership under Lenin, the Bolsheviks had to fight several wars in order to maintain their hold on powe r in Russia. Outcomes of the Russian Revolution The Bolsheviks ended centuries of Tsarist rule and established Communism in Russia. Tsar Nicholas and his family were subsequently executed in the aftermath of the revolution, symbolizing a bloody end to autocratic rule in Russia. The Russian revolution also led to the establishment of the Soviet Union whose communist agenda throughout the world created a new centre of power in Europe in the struggle for worldwide economic, social, and political influence against the west, especially the USA (Kowalski 32). Under Stalin, the Soviet Union experienced rapid industrialization, although such economic advancements were stained by Stalin’s dictatorial stance, where millions of those opposed to his policies were summarily executed or exiled. The Arab/Middle East Spring Revolutions The revolutions in many Arab countries, which began in December 2010 and are still currently ongoing in some Arab nations, were triggered by several factors. It is worth noting that most Arab state of present day are ruled by Kings, dictatorial leaders or leaders who have consolidated political power after having ruled for comparatively long periods (Anderson 5). The common causes of the revolutions are dictatorship by respective regimes/leaders, widespread unemployment, economic inequality, corruption, political intolerance and a general opposition to existing governing structures. The revolutions involve demonstrations and protestations of varying degrees. In Libya, the revolution became a full-blown Civil war where the revolutionary fighters were aided in their quest by a coalition of Western powers under the aegis of the UN. In Egypt and Tunisia, violent demonstrations that paralyzed the operations of government characterized protests. In Syria, such demonstrations involving tens of thousands of citizens have led to the deaths of a high number of civilians and law enforcement agents, but the President is yet to cede power. In Bah rain, similar protests and demonstrations have led to a few economic concessions by King Hamad, but protests demanding the removal from power of the monarchy are still ongoing. Similar stalemates are found in Jordan, Yemen, and Syria where the political and economic concessions by the rulers have not assuaged the anger and demands of the protesters. Outcomes of the Arab/Middle East Spring Revolutions The capitulation of the long-serving regimes of both Presidents Ben Ali of Tunisia and Hosni Mubarak by February 2011 under the wave of protests sent a strong message across the Arab world. For citizens planning or inspired by such demonstrations, the resignations of both long serving leaders was hugely inspiring. For leaders in other Arab countries, the defeat of these leaders due to the wave of protests meant that they had to soothe the citizens of their own countries or face a similar fate (Marquand 9). By April 2011, protests had begun in the following countries: Libya, Syria, Yeme n, Algeria, Bahrain, Morocco, Jordan, Sudan, Saudi Arabia, and Lebanon. Therefore, the demonstrations led to socio-political and economic changes in many of these Arab countries. Besides Tunisia and Egypt, President Muammar Gaddafi was deposed in August when he fled the capital Tripoli. On October 20 2011, the revolutionary forces captured and killed Colonel Gaddafi in the outskirts of the Town of Sirte, signaling the end of his 42-year-old rule. Political concessions aimed at saving some Arab rulers similar (and perhaps less violent) fates occurred in various countries (Macfarquhar 4). Constitutional changes in Morocco limited the powers of the King. In Sudan, President Bashir promised not to seek re-election for a third term. Prime Minister Maliki in Iraq also made a similar promise of stepping down at the end of his current term, while provincial governors resigned to allow for reforms. In Bahrain, King Hamad began negotiations intended to draw minority Shias into power position s and opportunities within government. King Hamad also ordered the release of political prisoners. In Oman, Sultan Qaboos granted more law making powers to the legislature. In Algeria, a 19-year state of emergency was lifted, while MPs from the ruling party in Yemen all resigned to allow for political reforms. Economically, various governments acceded to the demands of protesters, especially concerning wage increases and reduction of inequalities (Hitchens 29). In Lebanon, general wages were increased by 40%, while, in Saudi Arabia, the King announced plans to increase the wages of Saudi nationals. Sultan Qaboos announced similar measures in Oman. From the Glorious Revolutions to the Arab Spring Revolutions: Dictatorship, Economic Inequality/Poverty, and Personal Freedom as Common causes of Revolutions Dictatorial/Autocratic Regimes as Harbingers of Revolutions The common factor with the leaders and regimes in all the countries that have experienced revolutions discussed above is t heir tendency to ignore the political plight of the masses. King James II and King George of England, during the Glorious and American Revolutions respectively, repeatedly enacted laws that emasculated and muzzled the political voice of the masses under their rule. King Louis XVI of France during the French Revolution and Tsar Nicholas II during the Bolshevik Revolution both exercised absolute power over their subjects. Similarly, all leaders in countries that experienced the Arab revolutions are guilty of concentrating political power amongst themselves, and their ardent supporters. Repeated demands for inclusive political reforms by the revolutionary masses were repeatedly ignored in all the revolutions above, which led to revolutionary acts that many times led to the deposition and death of the leaders. Economic Inequality/Poverty Marie Antoinette is famously said to have advised revolutionary masses protesting about the unavailability of bread to try cake instead. Such a discor d and discrepancy between the lifestyles of the ruling monarchy and their subjects was a chief agent in stirring revolutionary demonstrations and wars. Widespread poverty and economic inequalities in pre-revolution France, Russia and many of the Arab nations mentioned earlier led many citizens to the streets in desperate final attempts of overthrowing their rulers in order to attempt different economic policies that may effect change and herald better tidings for them. Personal Freedom and Rights of Citizens Dictatorial regimes, widespread poverty, and economic inequality, naturally rob the citizens a sense of personal and communal freedom to act according to their will. The American Declaration of Independence contained the famous phrase dictating a citizen’s right to the pursuit of happiness. The French similarly espoused a citizen’s right to liberty and freedom during and after the revolution. The Arab spring has been characterized by online activism that offered a platform for exchange of ideas amongst citizens never before experienced in restrictive Arab countries. Citizens go to extraordinary lengths to gain personal and social freedom, including undertaking revolutions. Conclusion In a period spanning over four centuries since the Glorious Revolution in England to the present day Arab spring Revolutions, the demands of the revolutionary masses remain spectacularly similar. The masses fight against the political repression of autocratic and dictatorial rulers, poverty, and inequality, which go unchecked by these rulers, and against a tendency to eliminate their individual inalienable rights of life and liberty (Claeys 303). The revolutions provide a study on how to avoid such confrontations and protests in present day nations. Despite the ultimate noble aims of revolutions, the accompanying loss of lives, property, and stability in nations that undergo revolutions is sometimes impossible to recoup (Sabatini 2). Therefore, democracies and republics provide suitable forms of governance for pre-empting revolutions. Works Cited Anderson, Lisa. â€Å"Demystifying theArab Spring.† Foreign Affairs90.3 (2011): 2-6. Print. Betros, Gemma. â€Å"The French Revolution and The Catholic Church.† History Review68.4 (2010): 16-21. Print. Claeys, Gregory. Citizens andSaints: Politics andAnti-Politics in Early British Socialism. Cambridge: Cambridge University Press, 2000. Print. Creviston, Peter.†No King Unless It Be AConstitutional King: Rethinking The Place Of The Quebec Act In The Coming Of The American Revolution.†Historian73.3 (2011): 463-479. Print. Griffith, David, dir. Orphans OftheStorm. United Artists, 1921. Film. Hitchens, Peter. â€Å"The Real Cost OftheArab Spring.† Mail onSunday08 May 2011: 29. Hunt, Lynn. â€Å"The Problem ofPolitics in The French Revolution.† Chinese Studies inHistory43.3 (2010): 6-16.Print. Kowalski, Ronald. The Russian Revolution: 1917-1921New York: Routledg e, 1997. Print. Macfarquhar, Neil. â€Å"The Arab Spring Finds Itself Upstaged by A New Season.† New York Times23 Sept. 2011: 4.Print. Marquand, Rose. â€Å"Arab Women: This Time, the Revolution Won’t Leave Us Behind.†Christian Science Monitor12.1(2011): 9-15. Print. Miller, John. The Glorious Revolution. London: Longman, 1997. Print. Orczy, Baroness. The Scarlet Pimpernel. New York: Penguin Books, 1905. Print. Ross, Stewart. The Russian Revolution London: Evan Brothers, 2002. Print. Sabatini, Raphael. Captain Blood. Stilwell, Kansas: Digireads, 1922. Print. Thomas, Ralph, Dir. A Tale ofTwo Cities. Rank Film Distributors, 1958. Film. This research paper on The Causes, Characteristics, and Aims of Revolutions was written and submitted by user Alissa Bright to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

Free Essays on The Assassination Of John F. Kennedy

The Assassination of John F. Kennedy Our nation has had many memorable, yet unforgettable, moments in its long, enduring history. The assassination of John F. Kennedy, our thirty-fifth president, in the fall of 1963, is not only one of the most memorable, it is also one of the most bizarre cases in our nation’s history. John Fitzgerald Kennedy became our nation’s thirty-fifth president on January 20, 1961 (Rivera 12). Kennedy was a good-looking man. Rich, honest, attractive, everything a forty-three year-old Democrat would need to become one of America’s best-known presidents. Many historians believe Kennedy the greatest president in U.S. history. Kennedy’s promise of new health, housing, and civil rights programs only helped his popularity as he defeated Richard Nixon in the election of 1960 (Rivera 12, 13). Kennedy’s presidential job faced many problems as soon as the young president took the oath of office. Hundreds upon thousands of Cubans were flocking to the United States because of Communist Leader, Fidel Castro (River 13). Kennedy’s growing problems led to the invasion of Cuba, a place known as the Bay of Pigs, on April 17, 1961. The invasion was a complete failure and the US was unable to overthrow Castro in the Communist regime. Many Cubans, as well as Americans, felt Kennedy made a bad decision and distrusted the government because of the Bay of Pigs. In the same year, the US Government sent spy airplanes over Cuba. Photos clearly showed weapons, mainly missiles and anti-aircraft weaponry. This was the beginning of what became known as the Cuban Missile Crisis (Rivera 9). Kennedy wanted the missiles gone. Advisors wanted to drop bombs, but Kennedy wouldn’t allow it. He thought Russia could possibly interfere and another world war would be in sight . Another growing problem with the Kennedy campaign was the fight for civil rights. Kennedy created the Committee on Equal Employment Oppo... Free Essays on The Assassination Of John F. Kennedy Free Essays on The Assassination Of John F. Kennedy The Assassination of John F. Kennedy Our nation has had many memorable, yet unforgettable, moments in its long, enduring history. The assassination of John F. Kennedy, our thirty-fifth president, in the fall of 1963, is not only one of the most memorable, it is also one of the most bizarre cases in our nation’s history. John Fitzgerald Kennedy became our nation’s thirty-fifth president on January 20, 1961 (Rivera 12). Kennedy was a good-looking man. Rich, honest, attractive, everything a forty-three year-old Democrat would need to become one of America’s best-known presidents. Many historians believe Kennedy the greatest president in U.S. history. Kennedy’s promise of new health, housing, and civil rights programs only helped his popularity as he defeated Richard Nixon in the election of 1960 (Rivera 12, 13). Kennedy’s presidential job faced many problems as soon as the young president took the oath of office. Hundreds upon thousands of Cubans were flocking to the United States because of Communist Leader, Fidel Castro (River 13). Kennedy’s growing problems led to the invasion of Cuba, a place known as the Bay of Pigs, on April 17, 1961. The invasion was a complete failure and the US was unable to overthrow Castro in the Communist regime. Many Cubans, as well as Americans, felt Kennedy made a bad decision and distrusted the government because of the Bay of Pigs. In the same year, the US Government sent spy airplanes over Cuba. Photos clearly showed weapons, mainly missiles and anti-aircraft weaponry. This was the beginning of what became known as the Cuban Missile Crisis (Rivera 9). Kennedy wanted the missiles gone. Advisors wanted to drop bombs, but Kennedy wouldn’t allow it. He thought Russia could possibly interfere and another world war would be in sight . Another growing problem with the Kennedy campaign was the fight for civil rights. Kennedy created the Committee on Equal Employment Oppo...

Thursday, November 21, 2019

Comparing and Contrasting Essay Example | Topics and Well Written Essays - 1000 words

Comparing and Contrasting - Essay Example This makes the Portuguese form appear somewhat withdrawn to the background. The form does not appear clear to the viewer while standing at a further distance from the painting. It requires light to bring out the contours that dominate the painting. The color is applied sparingly which means that it is subdued. (J. Paul Getty Museum, 2011, pg. 1) reason for this one might think was to highlight the form of the painting. The brown color that is dominant throughout the painting is mainly to draw the viewer to the form but the dissecting of form to interact with space does not at the end make the viewer arrive at a specific form. It leaves room for the viewer to form different forms from looking at it because the form keeps shifting. The reason for this could be the unusual use of light and shadow that was employed by the painter. George says that he had discovered the meaning of horizontal and vertical which he clearly used in this painting. He claims that color would have brought a certain kind of sensation that would have interfered with his use of space. Once a picture stops being real, one can touch it. This is what motivated the painter to crave for space. He wanted to touch the picture and express it in form of space. Therefore we could come to a conclusion that the quest for space is what gave the conception of analytical cubism. The desire to touch still life. The painter was interested in separating himself from the real picture as possible. He took more time and drew several pictures at once. It took him years but that is what he wanted. He says that apples would die long before he could finish a painting. The outcome is not important but the path followed by the painter at arriving at the end result (â€Å"Historical Painting Techniques, Materials, and Studio Practice.† Preprints, 1995, pg.34). That way the viewer appreciates the journey, each stroke of the brash, the delicate manner in which the

Wednesday, November 20, 2019

M.I.C.E. (Meeting, Incentives, Conferences, Exhibitions) Essay

M.I.C.E. (Meeting, Incentives, Conferences, Exhibitions) - Essay Example Justification to this context can be provided by taking consideration of the reliance of multiple business oriented nations on this tourism and event management segment (ICCA - International Congress and Convention Association, 2013). In accordance to the projections made by the statistical data, the M.I.C.E business, after the economic recession of 2009 have made significant amount of contribution in terms of supporting the destabilised state of the economies of multiple small and large nations. For instance, between the periods of 2009 to 2013, the reliance of global superpowers such as China and the US has majorly increased over the conduction of M.I.C.E business conferences. Irrespective of all these, the arrangement and conduction of an M.I.C.E conference is not an easy job and requires availability of appropriate count of resources. This is due to the fact that all the necessary bookings and arrangements are needed to be done in advance and should project perfect alignment with the client side requirements. Taking these aspects into consideration, the discussion will majorly focus towards the conduction of an M.I.C.E business conference arrangement for a total count of 250 delegates for a period of 3 days. In addition, the discussion will also focus towards the identification and analysis of every possible green issue that might emerge within such conference meetings. The details regarding such green issues and conference planning has been provided in the undermined sections of this discussion. M.I.C.E conferences in the present business scenario have caught up tremendous amount of pace as a result of the increasing necessities of business engagements. Such necessities also stimulates the functionality pattern of multiple other transportation and hospitality organisations, which lays a significant amount of impact on the overall economic and

Monday, November 18, 2019

International Business Case Study Example | Topics and Well Written Essays - 3000 words

International Business - Case Study Example The immediate industry response to deregulation was increased competition in the market as new entrants sought to take advantage of the new investment opportunities. Further, increased competition was perceived as having a negative outcome for the industry particularly as price wars resulted in reduced prices. The low cost of travel, although favorable to consumers, resulted in increased pressures on the bottom lines for the companies operating in the airline industry. Government ownership provided protection and capacity enhancement to national carriers to ensure they offered services in targeted markets. However, this protection from home countries does not exist, which implies the adoption of private arrangement between companies is important for expansion and improvement of quality of services (Forsyth, Button and Nijkamp, 2002). Additionally, global airline networks results in reduction of competition in the market. Strategic alliances between airline companies allow partners to overcome various entry-level restrictions imposed by authorities on markets and routes. Motivation for global is as a result of provisions in Article 1 of the Paris Convention of 1919 which grants power over regulatory activities pertaining to air traffic to authority under which the airspace falls (Cento, 2008). Countries have been granted exclusive power to control airspace to the extent that they see fit depending on their internal perception of issues such as economic contribution and security matters. A sovereign state, therefore, has all the right to decline request for an airline company to operate from their territory. Forming global alliances is an effective strategy for airline companies to overcoming challenges that result from this legal impediment top their operations. Therefore, partners involved in this arrangement will have

Friday, November 15, 2019

Statistics Essays | Analysis of Data

Statistics Essays | Analysis of Data Consider and discuss the required approach to analysis of the data set provided. As part of this explore also how you would test the hypothesis below and explain the reasons for your decisions. Hypothesis 1: Male children are taller than female children. Null hypothesis; There is no difference in height between male children and female children. Hypothesis 2: Taller children are heavier. Null hypothesis: There is no relationship between how tall children are and how much they weigh. Analysis of data set The data set is a list of 30 childrens gender, age, height, the data weight, upper and lower limb lengths, eye colour, like of chocolate or not andIQ. There are two main things to consider before and the data. These are the types of data and the quality of the data as a sample. Types of data could be nominal, ordinal, interval or ratio.Nominal is also know as categorical. Coolican (1990) gives more details of all of these and his definitions have been used to decide the types of data in the data set. It is also helpful to distinguish between continuous numbers, which could be measured to any number of decimal places an discrete numbers such as integers which have finite jumps like 1,2 etc. Gender This variable can only distinguish between male or female.There is no order to this and so the data is nominal. Age This variable can take integer values. It could be measured to decimal places, but is generally only recorded as integer. It is ratio data because, for example, it would be meaningful to say that a 20 year old person is twice as old as a 10 year old. In this data set, the ages range from 120 months to 156months. This needs to be consistent with the population being tested. Height This variable can take values to decimal places if necessary. Again it is ratio data because, for example, it would be meaningful to say that a person who is 180 cm tall is 1.5 times as tall as someone 120cmtall. In this sample it is measured to the nearest cm. Weight Like height, this variable could take be measured to decimal places and is ratio data. In this sample it is measured to the nearest kg. Upper and lower limb lengths Again this variable is like height and weight and is ratio data. Eye colour This variable can take a limited number of values which are eye colours. The order is not meaningful. This data is therefore nominal(categorical). Like of chocolate or not As with eye colour, this variable can take a limited number of values which are the sample members preferences. In distinguishing merely between liking and disliking, the order is not meaningful. This data is therefore nominal (categorical). IQ IQ is a scale measurement found by testing each sample member. As such it is not a ratio scale because it would not be meaningful to say, for example, that someone with a score of 125 is 25% more intelligent than someone with a score of 100. There is another level of data mentioned by Cooligan into which none of the data set variables fit. That is Ordinal Data. This means that the data have an order or rank which makes sense. An example would be if 10students tried a test and you recorded who finished quickest, 2ndquickest etc, but not the actual time. The data is intended to be a sample from a population about which we can make inferences. For example in the hypothesis tests we want toknow whether they are indicative of population differences. The results can only be inferred on the population from which it is drawn it would not be valid otherwise. Details of sampling methods were found in Bland (2000). To accomplish the required objectives, the sample has to be representative of the defined population. It would also be more accurate if the sample is stratified by known factors like gender and age. This means that, for example, the proportion of males in the sample is the same as the proportion in the population. Sample size is another consideration. In this case it is 30.Whether this is adequate for the hypotheses being tested is examined below. Hypothesis 1: Male children are taller than female children. Swift (2001) gives a very readable account of the hypothesis testing process and the structure of the test. The first step is to set up the hypotheses: The Null hypothesis is that there is no difference in height between male children and female children. If the alternative was as Coolican describes it as we do not predict in which direction the results will go then it would have been a two-tailed test. In this case the alternative is that males are taller it is therefore a specific direction and so a one-tailed test is required. To test the hypothesis we need to set up a test statistic and then either match it against a pre-determined critical value or calculate the probability of achieving the sample value based on the assumption that the null hypothesis is true. The most commonly used significance level is 0.05. Accordingto Swift (2001) the significance level must be decided before the data is known. This is to stop researchers adjusting the significance level to get the result that they want rather than accepting or rejecting objectively. If the test statistic probability is less than 0.05 we would reject the null hypothesis that there is no difference between males and females in favour of males being heavier on the one sided basis. However it is possible for the test statistic to be in the rejection zone when in fact the null hypothesis is true. This is called a TypeI error. It is also possible for the test statistic to be in the acceptance zone when the alternative hypothesis is true (in other words the null hypothesis is false). This is called a Type II error. Power is 1 -probability of a Type II error and is therefore the probability of correctly rejecting a false null hypothesis. Whereas the Type I error is set at the desired level, the Type II error depends on the actual value of the alternative hypothesis. Coolican (1990) sets out the possible outcomes in the following table:

Wednesday, November 13, 2019

Cocky versus Swagger in Beowulf and Sir Gowain Essay -- essays researc

Cocky vs. Swagger In entertainment, no matter if it is movies, music, or plays. One can almost always look in the story line and find a hero. The hero is perceived to be the character that everyone looks to step forward in a time of need. The hero can be like a savior and is expected to be like a savior by the other characters in the story in any and every situation. There is also a case in stories where the hero has to be found and is more of the unsung type of character within a story in which that character has to learn how to adjust to the advantages and disadvantages of their heroism and how it may affect the other characters in the story. Beowulf and Sir Gowain posses these types of characteristics and by actually reading the pieces of literature that they are featured in. These characteristics are evident and are exposed within their respective stories. The characters may come off as being cocky or extremely arrogant, but one may have a different opinion on this situation for the simple fact th at there is a difference between being cocky and arrogant or just having confidence in oneself along with a swagger about oneself. Confidence is defined as belief in oneself and one's powers or abilities, self-confidence, self-reliance, assurance. Confidence is something that these characters must have in the stories that they are in. Confidence is something that every person should have in order to succeed in anything that they do. Being cocky and having a swagger all comes from having confidence. Heroes in every story are known to have tasks that they must take on things and overcome obstacles that are more challenging than any other character in the story. The tasks they take on can be anything from realistic everyday life pro... ... from humble beginnings not making him behave cocky and arrogant like Beowulf. Because of his near death experience he was not that way. This is the model demonstration of the differences between being cocky and having a swagger. In closing, the differences of being cocky versus having a swagger are evident. It is understood that it is a number of ways to conduct oneself just being a regular person. It should be understood that it takes a different type of attitude to conduct yourself if you are a true hero. Depending on exactly what the resume of the hero is, he is entitled to have either a cocky behavior, or a certain swagger that sets themselves apart from the rest. Whatever the case may be, the hero as earned it because if he had not, he would not be a hero. Works Cited Sir Gowain and the Green Knight trans.Constance Hieatt. www.dictionary.com

Sunday, November 10, 2019

The next types are breakwaters

There are a variety of techniques and efforts used to stabilize shorelines throughout the world and some are temporary and some are permanent. Structures built to protect a coast from erosion or to prevent the movement of sand along a beach are known as hard stabilization (Lutgens and Tarbuck, 2008).There are three common types of hard stabilization which are considered to be permanent techniques. The first types of hard stabilization are called groins. A groin is a barrier built at a right angle to the beach to trap sand that is moving parallel to the shore.The next types are breakwaters, which are structures designed to protect watercraft from the force of large breaking waves by creating a quiet water zone near the shore. The third type is a seawall. Seawalls are just that; walls built parallel to the shore to protect the coast and property from the force of breaking waves.Hard stabilization is usually very effective and a lot of the time too effective. Groins tend to sand-starve the longshore, breakwaters may allow sand to accumulate behind the structure due to reduced wave activity and seawalls causes the beach seaward side to experience significant erosion.Alternatives to hard stabilization are beach nourishment and relocation. Beach nourishment is replacing sand on beaches, however the downside to this is that is does not last and is expensive. Relocation is relocating storm damaged buildings and buildings at high risk, thus allowing nature to reclaim the beach. The downside to this is that people do not want to give up their ocean front property. (Lutgens and Tarbuck, 2008)I do not believe that urbanization and development of coastal area always contribute to shoreline erosion because people want to protect their property from erosion therefore doing what they can to prevent erosion. However, I also believe that sometimes people end up doing more harm than good with their methods used to prevent shoreline erosion from happening.References:Lutgens, F. an d Tarbuck, E. (2008). Foundations of Earth Science: Fifth Edition. Pearson Prentice Hall. Â  

Friday, November 8, 2019

Free Essays on 1950s And Today

The 1950s and Today As time changes so does the world. Every day we live becomes a memory for tomorrow. As I look back at these memories, I am able to notice the difference of life today. Today and the 1950s have only a few things in common. The government is pretty much the same, baseball is still loved by all Americans, and automobiles are the number one mode of transportation. Although they share some similarities, there are more things different between now and the 1950s. Compared to fifty years ago, technology is at its finest, the cost of living is at its highest, and our moral values are at their lowest.Our technology today is greater than ever before. Every year science continues to amaze us. In 1950 space travel was just an idea. Now days people go into space all the time. I think the best example of the difference in technology is the computer. Fifty years ago computers were very rare. They were only found in high-tech laboratories such as NASA. Also they were the size of refrigerators, some a s big as a movie theater screen. Today we have computers in almost every home. Some are as small as a notebook, and can fit right on your lap. With the way technology has changed since 1950, you can only imagine what to expect fifty years from now. Cost of living is another major difference from 1950. It costs over five times as much to live today as it did back then. Every year inflation continues to grow. The value of a dollar today is nothing compared to what it used to be. A gallon of gas now costs nearly two dollars, as apposed to then when it was less than a dime. The price of housing has increased dramatically. You used to be able to buy a decent home for the price you have to pay for rent these days. Back then if you wanted to buy a car, you could pick up a nice one for only a few hundred. Now a days, that is hardly enough for a down payment. Every day living was a small fraction of what it would cost to survive to... Free Essays on 1950s And Today Free Essays on 1950s And Today The 1950s and Today As time changes so does the world. Every day we live becomes a memory for tomorrow. As I look back at these memories, I am able to notice the difference of life today. Today and the 1950s have only a few things in common. The government is pretty much the same, baseball is still loved by all Americans, and automobiles are the number one mode of transportation. Although they share some similarities, there are more things different between now and the 1950s. Compared to fifty years ago, technology is at its finest, the cost of living is at its highest, and our moral values are at their lowest.Our technology today is greater than ever before. Every year science continues to amaze us. In 1950 space travel was just an idea. Now days people go into space all the time. I think the best example of the difference in technology is the computer. Fifty years ago computers were very rare. They were only found in high-tech laboratories such as NASA. Also they were the size of refrigerators, some as big as a movie theater screen. Today we have computers in almost every home. Some are as small as a notebook, and can fit right on your lap. With the way technology has changed since 1950, you can only imagine what to expect fifty years from now. Cost of living is another major difference from 1950. It costs over five times as much to live today as it did back then. Every year inflation continues to grow. The value of a dollar today is nothing compared to what it used to be. A gallon of gas now costs nearly two dollars, as apposed to then when it was less than a dime. The price of housing has increased dramatically. You used to be able to buy a decent home for the price you have to pay for rent these days. Back then if you wanted to buy a car, you could pick up a nice one for only a few hundred. Now a days, that is hardly enough for a down payment. Every day living was a small fraction of what it would cost to survive to...

Wednesday, November 6, 2019

Acid Reflux essays

Acid Reflux essays Millions of people suffer from Acid Reflux Disease each year. It affects the esophogus and can be fairly serious in some cases. In 1988 more than 61 million American adults said they suffer from it at least once a month. (Diagnosis Health) Acid Reflux disease, also known as Gasrtoesophagael reflux disease is a condition in which the liquid content of the stomach backs up, or refluxes, into the esophagus. This liquid usually contains pepsin, which is an enzyme that begins the digestion of protien in the stomach, and acid which is also produced in the stomach. The liquid may also contain bile from the stomach. The regurgitated liquid can eventually inflame and damage the lining of the esophagus in serious cases. The acid in the liquid is the most serious of the components. The bile and pepsin also play a role is the damage of the esophagus, but not as big a role. (Medicine net) Acid reflux is a chronic condition, once some one has it, they usually have it for life. The damage to the esophagus is also lifelong, and if a patient is treated, after the treatment ends, the damage will most likely return, so treatment will have to be used indefinetly. The disease is a complex one, with many causes, and causes may be different for every indivual. One of the most important fatcors that lead to acid reflux is the Lower esphogeal sphincter muscle. It surrounds the lower-most end of the esophagus where it joins the stomach. Two abnormalties of the mucle causes acid reflux. If the muscle is weak, it reduces the ability to prevent reflux. Another is abnormal relaxations. The relaxations allow reflux to occur more easily. The relaxations occur in patients with Acid reflux commonly after eating. Relaxations happen to people who do not have the disease, but it is much less frequent. (Medicine Net) Another contributor is Hiatal hernias. The way they contribute is unclear, but the majority of patients that h ...

Monday, November 4, 2019

Woman with Hat Painting Essay Example | Topics and Well Written Essays - 750 words

Woman with Hat Painting - Essay Example With the artist’s choice of portrait as a subject, use of energetic paint strokes, and combination of unusual colors, the painting stands out as a model of the essential characteristics of fauvism. Overall, Matisse has applied an active brushwork to depict his wives’ dress, skin, and feathered hat, together with the background of the portrait with weird vivid colors. The Woman with Hat Painting premiered in Salon d’Automne in the year 1905 and it has been presented through the oil on canvas medium, much more of a splattering of paint on the canvas material; this was an quite an unusual piece among Matisse’s contemporaries. Through his successful art career, Henry Matisse became renowned as one of the giants of the 20th century art, and has ever since been readily recognized for his pioneering works that set the stage in the fauvist art style; in addition to the fauvist art style, Matisse was also identified with paper cut-outs later in his career. Even tho ugh Matisse was born to an artistically inclined mother, he received very little early encouragement to become an artist and so he proceeded to study law in Paris (Matisse b); however, after suffering appendicitis and being confined to bed, Matisse explored his artistic bent with a lot of encouragement from his mother who was keen to help him recover. Overall, the Woman with hat painting was inspired by Matisse’s desire to challenge the rigid concepts of art to both the critic and the viewer in his period, which largely had evolved into a status quo. The Woman with hat painting was created in the 20th century period between 1905 to 1906 in Paris and was first exhibited in the Salon d’Automne in the year 1905; however, the portrait’s rough application of bright colors on the face, hat, dress, and even background was shocking to critics and Matisse’s contemporaries. This period was defined by phenomenology, a concept that was familiarized by Edmund Husserl as an attempt to break down phenomenon into verifiable form in order to understand its essence (Ayanna). This concept inspired the creation of Woman with hat painting because the painting clearly reflects the essence of phenomenology as conceptualized by Husserl; using the proposed method of stratified formation, Matisse observes and challenges the phenomena of art. Through the Woman with heart painting, Matisse challenges the concept of art according to both the critic and the viewer in particular, and the concept of art in general; he established a model for modern art that came to be known as fauvism style. The subject of the Woman with hat painting is a portrait that depicts Matisse’s wife in the oil on canvas artwork (Matisse b); this subject is recognizable to me today due to the massive influence of this pioneering fauvist work on modern art. However, this subject may not have been recognizable to the people in the time it was created due to the rigid concepts of the e ssence of art that existed at that time, until later when critics recognized fauvist style of art. The unusual bright color combinations heavily characterize the Woman with hat painting, and these have been utilized to symbolize the expression of Matisse’s wife; the artist’s use of color to capture expression rather than form is a radical idea that challenged the status quo that paintings should depict the subject matter accurately by using forms. Similarly, the color symbol was not understandable to the people in the society in which this painting was created because the concept of fauvism was still uncommon at the time of completion of this painting. However, this color symbol is understandable to me today because the fauvism style of art has taken form and challenged the age-old

Friday, November 1, 2019

The Things They Carried and Raising Victor Vargas Essay

The Things They Carried and Raising Victor Vargas - Essay Example These factors affect how men and women interact with each other both at the start of and throughout romantic relationships. In the modern world, romantic relationships are vastly different from what they once were. Cultural changes have impacted young lovers just as they have impacted so many other facets of life. Cultural changes which began in the 1960s (Williams) have, over the last few decades, significantly altered the way we live and think. Western society has become increasingly sexually permissive; young people are constantly bombarded with sexual imagery in advertising, television, film, and other entertainment media. The traditional romantic relationship which begins with dating, followed by marriage, sex, and children has turned into something very different. In the modern world casual sex is increasingly common and acceptable; having a sexual relationship does not automatically lead to marriage-it is no longer safe to assume that a couple who have sex will marry or even enter into a relationship. Religion is an influential factor in determining whether or not individuals have sex with one or more partners before marrying; interestingly a religious upbringing is more likely to impact upon women than on men in terms of whether or not they are sexually active before marrying. In the film "Raising Victor Vargas" (Sollett), the family has come from a Catholic background. Victor's grandmother is very religious, but this has had little impact on Victor's personal life-his peer relationships are much more influential. Victor and best friend Harold have similar attitudes towards women. They both see sexual activity as a way of increasing their importance in the neighborhood and enhancing their reputations with their peers.In the very first scene, Victor is portrayed as a sexual person, attempting to seduce "Fat Donna"-he is licking his lips and flexing his muscles, using his body as a tool for seduction. Like most teens, however, Victor is less a Romeo than he is a boy taking his fir st unsure steps in the adult world of sexual relationships. He has also made a mistake in choosing his target-"Fat Donna" is considered unattractive, and his seduction attempts only earn him the ridicule of his peers. After this encounter, Victor is determined to repair his reputation by setting his sights on the neighborhood beauty, Judy. Judy appears to come from a religious background just as Victor does-she wears the same type of gold cross worn by Victor's grandmother and brother. Unlike Victor, she does not feel the need to enhance her reputation by becoming sexually active; she has an almost opposite view. She sees boys as "dogs", as something that she does not need, and is only irritated by the neighborhood boys who fall at her feet. Judy has resolved to pretend she already has a boyfriend, so that she will not be bothered by other boys. Victor and Judy clearly have very different perceptions of love, sex, and relationships. To Victor they are tools to increase his standing with his peers, whereas Judy has no use for them. "The Things they Carried" (O'Brien) takes place against the background of the Vietnam War-not only the new age of Woodstock, hippie culture, and sex, drugs, and rock & roll, but also a politically turbulent era. First Lieutenant Jimmy Cross, a young man of this era, has probably been influenced by these cultural changes. As a young

Wednesday, October 30, 2019

International Sales Contracts Essay Example | Topics and Well Written Essays - 3500 words

International Sales Contracts - Essay Example Contract of sale is explicit and aid in deciding the issues, there are circumstances where the intention of the parties do matter apart from the legal terms forming part of the contract of sale. However as has been pointed out by Lord Wright in Ross T Smyth and Co Ltd Bailey, Son and Co1 the intention of the parties cannot be subjected to any proof; rather the intentions can be ascertained â€Å"from the terms of the contract, the conduct of the parties and the circumstances of the case.† This paper brings out the implications of the observations of Lord Wright about the intentions of the parties to a contract of sale with regard to the FOB and CIF contracts and also the improvements if any brought about by section 20A newly introduced by the Sale of Goods (Amendment) Act 1995 on the position of the CIF buyer of bulk goods. According to the basic principle in the law relating to the contract of sale, all the terms of the contract depends entirely on the intention of the parties to the contract. Though this situation is true in a number of cases this position is usually forgotten by the parties involved. However such intentions cover even the terms governing the time at which the title and risk pass to the buyer. Hence it can be stated that only under the circumstances where the intention of the parties is not clear or if the agreement between them is silent the law relating to the sale of goods provides the missing terms to conclude the contract or settle the dispute if any. This position of importance given to the intention of the parties in a contract of sale is recognized even by the common law statutes and the civil codes. Under the Sale of Goods Act 1979, the ‘intention of the parties’ has been referred to in a number of instances. Under section 10 the phrases â€Å"unless a different intention appears from the terms of the contract† are being used. Sections 17(1), 18 and 20 of the Sale of Goods Act 1979 also have used the intention of the parties.

Monday, October 28, 2019

Scientific Management Essay Example for Free

Scientific Management Essay Scientific Management was a new form of management that evolved in the late 1800’s that was based on a number of principles that analyzed the activities of individuals, which in turn, optimized efficiency and productivity. In this essay I will discuss the major advances that were pioneered by Frederick Winslow Taylor, Henry Gantt and Frank and Lillian Gilbreth. Frederick Winslow Taylor was thought of as the most influential business guru of the twentieth century. 154) Taylor was a well -educated man that started his work as a laborer and quickly moved up to a chief engineer at Midvale Steel Company. Through his various positions and experience within this company he discovered many problems that were apparent between management and laborer. His first attempt in his creation of Scientific Management was to combat a process called â€Å"soldiering†. Taylor observed how the process of soldering led to low production because workers had intentionally worked slow, while making management believe they were working faster. Taylor identified two types of soldiering that workers practiced: natural and systematic. Natural soldiering was referred to as the â€Å"the natural instinct and tendency of men to take it easy. † Managers tried to overcome natural soldiering by forcing workers to be more productive. (123) Systematic soldiering was when workers all together would reason with one another to work slower. Taylor believed that workers systematically soldiered because of three main reasons. First, if workers completed their jobs faster, they believed they would be laid off. Secondly, when workers were paid by piece rate, if their production increased, they believed management would cut the piece rate requiring them to do more work for the same amount of pay they were receiving at the time. Finally, workers were accustomed to old work habits that were handed down from generation to generation. (124) Taylor believed that systematic soldiering posed more concerns than natural soldering. He thought that the problems arose because of management’s lack of responsibility to create proper jobs that offered good incentives. Taylor knew that a new industrial system would need to be created to correct the problems that were evident with management and laborer. Time Studies Taylor set out to develop a new system in an attempt to overcome the process of soldiering. Taylor believed he could determine how each job could be accomplished most efficiently and then establish performance standards based on his findings. (125) The first step in his system was defined as time studies, which was the beginning of Scientific Management. Taylor believed that he could overcome soldiering by determining what workers ought to be able to achieve with equipment and materials by scientifically setting performance standards. According to the authors of The Evolution of Management Thought â€Å"Taylor used a stop watch, weight scale and tape to literally measure the distances that workers and materials traveled. † (125) From his findings, Taylor discovered that workers used too much effort and materials to accomplish their tasks and believed this was mainly due to improper management. Taylor classified his time studies into two phases: analysis and synthesis. Analysis meant that each job was broken down into movements then the movement was described and recorded along with enough time allowed for unavoidable delays. Synthesis was all the movements in the correct sequence to determine the time and exact method for performing a job. (126)Taylor’s time studies created improvements in all elements that surround a job, careful examination of individuals at work led to a more efficient approach to perform tasks which ultimately reduced effort and increased production. Improved Incentives Taylor noticed that the traditional incentives for workers were discouraged in more ways than one. Taylor believed that management needed to create new incentive rates. Profit sharing and the old ways of paying positions instead of men, seemed to be inefficient methods. Taylor devised a three part plan that improved incentives which consisted of using time studies to set standards and pay rates, a differential piecework system that paid employees a higher rate per piece if they finished their work faster than specified, and lastly, paying the men instead of paying the positions. He believed that performance standards should be set before piece rates and rest period should be given more often to decrease fatique. Additionally, Taylor saw a need for a mutuality of interests between manager and worker and devised a system that would benefit both sides. The belief held by people was that higher wages led to higher costs. In turn, Taylor proved that higher wages would lead to lower costs and increased production with less effort. Employers didn’t have to pay low wages in order to gain momentum in the industry. Taylor also believed that some people are better suited for a position based on their will and ambition; he referred to these people as â€Å"first class workers. † Taylor urged that performance standards should be based on a first class workers pace and believed that management was responsible for identifying these types of workers. Throughout the years people assumed that production was increased by people working longer and harder, but the truth was, production increased if people worked smarter not harder. People used their resources more wisely and learned the most efficient way to complete a job. Task Management System Taylor’s task management system utilized the time studies to dictate how long a task should take to be completed and used careful planning with detailed written instructions to assign tasks to workers. Taylor thought to motivate workers based on how long it took them to complete their job. The workers that finished their job in the allotted time received higher wages compared to those who did not. Management was aided in their tasks by a new term Taylor referred to as â€Å"functional foremanship†. Taylor felt that managers should have certain qualities in order for them to be efficient supervisors which include special and technical knowledge, tact, brains, energy, common sense and good health. Taylor used this selection process to determine what tasks managers should perform. This new system of planned performance allowed each person to be in charge of a different responsibility. Managers skills were specialized which resulted in a decrease in time it took to recruit and hire people who may not be a good fit. This system dramatically changed the way tasks were planned, before this time workplace layout determined how tasks were performed. Taylor went on to put his ideas into writing with a book called The Principles of Scientific Management. This book was a significant advance of the times and made Taylor a national hero in just twenty four hours. His findings that were released in this book, sparked much controversy, but ultimately gained popularity. His book was translated into many different languages just two years after the publication. (141) Taylor was credited for leading the world towards efficiency in more ways than one. Henry Gantt There were many people who followed Taylor’s scientific approach to management thought. One of these followers that had contributed greatly to management thought was Henry Gantt. Gantt was a man that recognized the demands of the world and knew he could have a better chance at making it in life by becoming educated. He obtained a mechanical engineer degree and began his work at the Midvale Steel Company alongside of Frederick Taylor. After working with Taylor, Gantt turned out to be strongly influenced by his ideas about how to manage industry. Gantt became one of Taylor’s leading disciples and moved on to create his own ways to improve management methods and make an industry more efficient. Like Taylor, Gantt knew that there was a need for a mutuality of interest between management and worker. Gantt believed that this theory started with the worker, he argued that the workingman was the most important element in management. (159) He urged that a successful atmosphere in industry was eminent when the employer has the best worker for the position and the worker believes his work is sold at the highest price. Task and Bonus System As Gantt began to examine the managers and workers more closely, he devised a task and bonus system, which was similar to Taylor’s differential piece rate system. Gantt experimented with his ideas before he found the system that was the best solution. He would offer bonuses to workers that completed a task in less than standard time, he offered bonuses to first line supervisors based on each workers performance to complete their task in the allotted time and offered an additional bonus to supervisors if all the workers completed their task in the time limit. He found that this system encouraged supervisors to become better leaders by teaching and helping workers to achieve maximum performance. This was an important concept that shifted management from forcing workers to meet standards to leading them in a cooperative manner. After a while, workers and management started to resist the work methods Gantt created. The workers went on strike and Gantt eventually had to find and train replacements. This occurrence led Gantt to believe that management owned the role of training workers more thoroughly. In addition, Gantt added more training that used industriousness and cooperation, which he referred to as the â€Å"habits of industry†. According to the authors of The Evolution of Management Thought, â€Å"Gantt felt that as a result of doing their work promptly and to the best of their ability, workers would experience pride that comes from quality as well as quantity to work. † (161) Gantt believed that the management and laborer would be benefitted equally; employee would be paid higher wages leading to lower costs and the employer would have a greater output of production. Gantt Progress Chart As Gantt attempted to conquer the problems associated with management and laborer with the task and bonus system, he set out to devise a system to aid management in planning and coordinating workloads. After several attempts, Gantt pioneered a bar chart which was known to be the most valuable contribution to management of the generation. (163) The Gantt Progress Chart showed how work should be scheduled or directed through numerous operations, to completion. This chart allowed managers to distinguish whether a job was ahead or behind schedule, then management could take whatever means were necessary to correct the issue. The Gantt chart became a widely used efficient tool to support management in decision making and helped ensure that resources were being used proficiently. The Gilbreth’s Frank and Lillian Gilbreth were also followers of Frederick Taylor’s Scientific Management principles. Frank had greatly contributed to management thought with his invention of the motion studies. Frank began his studies while working as a bricklayer. He started examining the bricklaying process and began to eliminate the steps or motions from 18 to 6. He saw that people could do twice as much work with less effort if the job was done the right way. Frank looked to remove the motions that were unnecessary in jobs, in order to reduce fatigue and increase productivity. After his invention of the motion studies, he moved to focus his work on the construction business. He used the same methods to build homes, dams, factories, skyscrapers and even whole towns. (168) As Frank gained increasing popularity, his wife persuaded him to put his work into writing. His work consisted of three systems: the field, concrete and bricklaying system. The field system was mainly used in construction as an accounting system. This system showed costs, costs in relation to estimates and the total costs of each specific job. In addition, Frank used a suggestion program that enabled workers to obtain extra money for their suggestions on how to improve a job. This would ultimately lead to better service for the customers and additional jobs in the future. (169) Under the concrete system, Frank used competition to motivate the workers. He held contests to see how fast workers could complete a job. Lastly, was the bricklaying system, he used this system to effectively train the workers. He believed apprentices should learn the best way to do a job before standards are set. He believed the earlier methods of instruction from the experienced workers were inefficient and created too much waste. These systems showed how Frank rationalized work methods, improved productivity and ensured efficiency by motivating and correctly training workers by transferring their skills. As Frank started to expand his interests, he looked for better ways to identify inefficient motions. Frank came up with the brilliant idea to use a camera to examine the motions of workers. He then would eliminate the waste based on the analysis. Frank and Lillian also filmed workers attached with small electrical lights; when their movement was slowest they would see a bunch of dots, while they would see sporadic dots when their movement was at a faster pace. The use of camera to observe the movements of workers seemed to be more useful and accurate than Taylor’s use of the stopwatch. As time went by, Frank and Lillian started to detach from Taylor’s methods. Lillian went on to focus her thoughts on â€Å"The Psychology of Management. She studied the effects that work has on humans and held that successful management was determined by the man, not the work. While Lillian tried to determine the most effective and efficient approach to management, she had to compare the three styles that were created: traditional, transitory and scientific. Traditional management created anxiety by relying on rewards and punishment to motivate workers and essentially there was no mutuality of interest between management and worker. Transitory management was the short term style that was incomplete and ill directed before scientific management emerged. Essentially, According to the authors of The Evolution of Management Thought, Lillian believed that scientific management was the best style because it â€Å"promoted regular work, encouraged good personal habits, and fostered the physical, mental, moral, and financial development of workers. (174) Lillian recognized the human factor in work which led her to pioneer human resource management. This creation of human resource management was a significant advance of the times that led industries to obtain the best workers for the positions at hand by the scientific selection, training and placement of the workers. Frederick Taylor, Henry Gantt and Frank and Lillian Gilbreth contributed greatly to the scientific management movement. Close examination of management and workers led to new concepts that improved work methods and incentives, motivated workers, eliminated motions, reduced fatigue and increased production. All of these factors allowed for industries to become more efficient than ever before. Managers gained the proper tools and knowledge that enabled them to train, select and place workers where they were best suited. These concepts that were put into practice in the late 1800’s are still widely used today in the workplace.