Human Elements In Administration Essay

People are the most important element in an organization whether it’s a business enterprise, a school, an army or hospital. School administrator and supervisors must be prepared to deal effectively with the people involved because they have the most difficulty in understanding and dealing with the human elements of administration. The administrator must understand certain fundamental concepts of motivation. He must have an insight into the nature of authority and influence. And most of all, he must have the ability to analyze specific problems and to carry out his intentions successfully. Technical skills, administrative skills and human skills are the three kinds of skills a successful administrator must possess. * Technical Skills – pertains to methods, techniques and processes. * Administrative Skills – ability to see the organization as an entity and the interrelationship of its various parts * Human Skills – refers to the ways of dealing effectively w ith people. 3 Distinct elements: *Skill in understanding the basic human forces active in the organization. *Skill in analyzing complex human situations. *Skill in implementing a plan of action. It is said that man is a wanting animal. As soon as one of his needs is satisfied, another appears in its place. Man’s needs are organized in a series of levels or a hierarchy of importance according to the theory of Maslow. Psychological needs – to be alive and to stay alive. Safety needs – to feel safe from accidents or pain, from competition or threat. of his behaviour. Ego needs – relate to one’s self – esteem and one’s reputation. Self – fulfilment needs – for continued self – development, for realizing one’s own potentialities. Understanding basic needs of an individual is important for the administrators and supervisors because deprivation of those needs has behavioural consequences on the part of one’s individual. It is also important to understand because of the fact that an individual whose lower level needs are satisfied, he is not any longer motivated to satisfy his psychological and safety needs. Rather, he shifts towards the satisfaction of the other needs in the hierarchy. Unless there are opportunities at work to satisfy these needs, the individual is deprived and his consent behaviour will reflect the deprivation. A New Theory of Management Proposition on the theory of new management’s task by McGregor harnessing human energy to organizational requirements are stated as follows: 1. Management is responsible for organizing the elements of productive enterprise – money, materials, equipment and people – in the interest of economic needs 2 A process of directing peoples efforts, motivating, controlling their actions and modifying their behaviour to fit the needs of the organization 3. It is the responsibility of the management to recognize and develop the individual’s potential for development, his capacity for assuming responsibility, his readiness to direct behaviour toward organizational goals. 4. The essential task of management is to arrange organizational conditions and methods of operation in order to achieved desired goals and objectives. New theory of management relies on self – control and self – direction; it treats people as a matured adults and it is management by objectives, Advantages 1. it does not involve the relinquishing of leadership, the abdication of management or the lowering of standards 2 it is a process of creating opportunities, encouraging growth, releasing potential, removing obstacles and providing guidance Some applications of the new theory: 1. Decentralization and Delegation – freeing people from too close control of conventional organization. 2. Job Enlargement – encourages the acceptance of responsibility at the bottom of the organization. 3. Participation and Consultative Management – people are encouraged to direct their own creative energies towards organizational objectives and giving them some voice in decisions. 4. Performance Appraisal – individuals are involved in in setting targets and objectives for himself and in a self – evaluation of performance semi – annually or annually. Close supervision tends to be associated with high productivity, general supervision with high productivity. The importance of supervising subordinates as a group are as follows: a.) discuss work problems with the group, b.) group performs well even when the supervisor is absent, c.) foster teamwork and group loyalty and d.) involves group participation in making decisions. THE ADMINISTRATOR OF SCHOOL FINANCING The welfare of the state depends largely upon the education of its citizens. Filipino people recognized the importance of sending children to school whenever and wherever possible. Our leaders and framers of Constitution see to it that the Magna Carta contains a provison that the state should establish and maintain a complete and adequate system of education and provide at least free primary for all education of school age. Since school population keeps on growing and the salaries of the teachers are keep on increasing, more and more funds are needed. However, present financial capability becomes inadequate and need to augment financial resources to keep up with increasing educational needs. In general, the sources for government income for education are the following: 1. Taxes imposed by law for the support of the government such as the real – property tax, specific tax, and import and export taxes. 2. Tuition fees imposed on students in public high schools, vocational schools, regional normal schools, and chartered colleges and universities. 3. Matriculation fees collected from public secondary school students, vocational schools, and chartered colleges and universities. There were also a matriculation fee charged in the intermediate grades but the fee was abolished by R. A. 4092 effective the school year 1964 – 1965. 4. Rental for lease of school sites and sales of schools products. 5. Land grants and donations. 6. Voluntary contributions. 7. Special fees such as miscellaneous fees charged from college students for entrance, registration, library, athletics, and laboratory, medical and dental clinics, school paper, diplomas, graduations and R.O.T.C. Support for Elementary Education The Educational Act of 1940 which nationalized the support of all elementary schools in municipalities and municipal districts saved the situation for the poor communities. The Educational Act of 1940 forbids the collection of tuition fees in the intermediate grades although it permits the matriculation fees in an amount to be determined by the President not exceeding two pesos for each pupil enrolled in the intermediate grades in municipalities and municipal district. The proceeds from this matriculation fee accrue to the fund of the National Government to purchase of library books and equipment and 40% for financing athletic activities in the intermediate grades. While the acquisition of school sites and construction of temporary school buildings remain the responsibility of the local governments. The law abolished the share of municipalities and municipal districts in the internal revenue collections, percentage taxes on the agricultural products and income tax. Support for Public Secondary Schools The financial support for the maintenance and operation of public secondary schools provided for by the provincial and city governments. Generally, the majority of provinces do not have adequate funds to support the schools properly. This deficiency in finances gives occasional difficulty in the payment of secondary teacher’s salary. The sources of provincial income are the following: 1. Internal revenue allotments from the national government. 2. Share from local taxes. 3. Fees from services rendered. 4. Income from miscellaneous receipts. Support for secondary schools 1. Tuition and matriculation fee levied by the Provincial Board on all high school students 2. Board uses parts of its general fund in case of shortage or the Board passes a resolution increasing the rate of tuition 3. Through the enactment of R. A. No. 3478, the National Government has been granting annual national aid to general provincial and municipal high schools beginning with the school year 1963 – 1964, primarily intended for salary adjustments of teachers and other secondary school personnel 4. Voluntary contributions and donations by private individuals and civic organizations Support of barrio experimental high school, the Bureau of Public Schools in its Memorandum No. 86, issued on August 1, 1966, states as follows: 1. The tuition fee to be charged should not be less than â‚ ±80.00 a year. 2. 50% of the 10% real estate tax proceeds allotted to barrios in accordance with the revised Barrio Charter should be set aside and used solely for the improvement of instruction in the barrio high schools. No amount accruing from this fund should be spent for salaries of teachers and other school personnel. 3. All feeder barrios should share the expenses for the improvement of instruction, the share of each to be proportionate to the number of students from the feeder barrios attending barrio high school. 4. All resolutions of the barrio councils regarding the funding of barrio high schools should be approved by the Municipal Council concerned. Support of Public Schools in Chartered Cities 1. Tuition fees and city funds   2. National Government allots lump sums as aid to cities for their educational needs. 3. National aid for salary adjustments of teachers and other secondary school personnel. The law was amended by R.A. No. 4128so as to include all city high schools except Manila and Quezon City. Support of Vocational Schools Vocational schools usually come under two categories – the provincial trade school and the provincial agricultural school. The source of income comes from the national contribution, tuition and other fees and income from school products. The so – called rural high schools which are agricultural in nature are jointly supported by the provinces and municipalities and the National Government. Support of Normal Schools Regional normal schools are also national like the vocational schools. There are still seven regional normal schools located in strategic places in the country serving the needs of the students in the surrounding places. Sources of income of these schools are national contribution and tuition fees. The city or municipality where they are located may also appropriate funds for the normal training department. Support of Special Schools The Philippine Nautical School located in Pasay is supported entirely by the National Government which offers courses for employment as merchant marine officers. The School for the Deaf and Blind under the Bureau of Public Schools is supported by the government with occasionally aid from the Philippine Charity Sweepstakes. Support of Chartered Government Colleges and Universities The support of chartered government institutions like University of the Philippines comes from the tuition and matriculation fees of students and comes from national funds appropriately annually by Congress. Special aids for the construction, repair and improvement of the buildings are given in special legislation or taken from the pork barrel fund. The tendency of the request by these institutions is to increase every year. Thus, the burden of the National Treasury for the support of these schools keeps on increasing. Other Agencies in helping the Financing of Public Schools A number of foreign agencies give some material aid to the schools aside from the National Government. Among these agencies are the following: * AID – NEC – provided in 1966 appropriations for buildings including the constructions of dormitories and also for typewriters, mimeographing machines and professional books for the Bureau of Public Schools. * UNICEF – gave aid in kind such as educational kits, globes, tape recorders, laboratory equipments and vehicles. * The American Foundation for Overseas Blind – donated Braille type writers, paper headsets, etc. * The Pilot Applied Nutrition Project (Bayaribang) – is a joint venture of the United Nations Children’s Fund (UNICEF), The Food and Agricultural Organization (FAO) and the World Health Organization (WHO). These entities gave help in the form of technical services, training stipends, vehicles for supervision and various types of supplies and equipments for kitchen, laboratory and agricultural uses. * The Agency for International Development (AID), National Economic Council (NEC), and the Bureau of Public Schools (BPS) – jointly undertook a textbook production project which started on July 1, 1960 and terminated on June 30, 1965 to help solve the problem of lack of textbooks. The project was expected to print and distribute around 25 million of copies of textbooks within a 5-year period at an estimated cost about â‚ ±59.5 million. Support for Private Schools All private schools, colleges and universities derive their income mostly from tuition fees and miscellaneous fees from students. There is no law prescribing the maximum rate of tuition fees so there is no uniformity and limit in the tuition fees being charged by private schools. Quality schools with good standards among the religious institutions charge relatively higher rates than the ordinary schools. Some of the religious schools are partly supported from their properties. Some non-sectarian schools operating specially for profit charged comparatively lower tuition fees and even permit their students to pay on easy instalments to attract as many students as possible.

Herbal Products for personal casre Essay

Aromatherapy is complementary and alternative medicine (CAM) technique in which various essential oils (including essences and extracts) derived from plants, flowers, fruits, leaves, herbs, stems, shrubs or trees are utilized to promote healing of the body, mind and the spirit, and to encourage health and well-being of the individual. Aromatic oils have been utilized in healthcare since ancient times by the Egyptian civilization and the Arabs. Modern aromatherapy was given special interest in France. The French found that oils had several anti-septic properties and hence could be utilized to reduce infections. Some of the physicians in France administer essential oils. Certain guidelines mentioned in the ‘aromatogram’ help the physician to decide which essential oil has to be utilized. The patient’s sample of tissues or body fluids is cultured in the laboratory. Different essential oils are added to the growing cultures. The specific essential oil that inhibits growth of the microorganisms is identified and utilized. Essential oils are substances similar to hormones (or chemical messengers) present in the body, that play an important role between cells. It contains about 200 to 3000 different compounds. Studies suggest that they can play a role against cancer, and have other effects such as stimulation (lime), calming (lavender), analgesic (clove), anti-spasmodic and cough suppressant (lavender). On the skin, it seems to have an antiseptic (tea tree), astringent (lemon grass), protectants (sandal wood), stimulant (rose) and cooling (Chamomile) effect. Aromatherapy can be administered in several forms such as skin or external applications (including cosmetic use and applications over the hair), inhalation, and internal consumption. External applications of essential oils involve applying the agents on the skin through baths, massages, friction, compresses, cosmetic use (in the form of creams, masks, compresses, lotions, ointments, etc), hair applications, etc. Such applications help in relaxation, stimulating the skin and make the individual feel more energetic and lively. Several toxic substances and metabolic wastes present on the skin are inactivated and destroyed. It also helps to reduce body aches and reduce swellings. Rarely (5% of the cases), the individual may develop inflammatory disorders of the skin (such as dermatitis), and experience symptoms such as irritation, rashes, pruritis, etc. In such circumstances, the treatment should be discontinued. Internal consumption of essential oils may be required to treat several disorders involving the internal organs (such as the digestive tract). However, some of these oils may damage the liver. Hence, they have to be administered strictly by a physician, and the patient’s condition should be monitored. The essential oil can also be administered utilizing a diffuser or nebulizer (through inhalation). The oils can be utilized to treat several breathing or lung disorders, and to improve mood. The molecules of the essential oils can enter the body through the nose, gain access through the lungs, from where it can diffuse into the bloodstream. It can remain in the blood for 30 minutes to several days. Sprays are also available which provide effect for a short period. Aromatherapy has emerged as a separate branch of science and profession because of the huge benefits. Lavender may increase brain wave functions related with relaxation and stress-release (Balac, 1992). Chronic smokers felt a reduced urge to consume tobacco with aromatherapy (Rose & Behm, 1994). The quality of life in individuals with cancer and anxiety improved after being administered Chamomile (Wilkinson, 1995). Stevenson (1994) demonstrated that heart patients requiring surgery felt better when their feet were being massaged with neroli oil. Post-operative patients had reduced nausea and needed fewer painkillers after inhaling peppermint oil (Tate, 1997). In fact aromatherapy can be utilized to treat several conditions such as infections (such as Herpes Zoster Virus, Herpes Simplex Infections, etc), arthritis, skin disorders, musculoskeletal disorders, sleeplessness, anxiety, distress, anticancer therapy problems, anorexia, body aches, etc. Any individual can learn about aromatherapy by reading books, attending seminars or going to school that train in aromatherapy. The National Association of Holistic Aroma-therapists (NAHA) is setting up standards for giving licenses and administering training. The individual who wants to become an aroma-therapist should have a good knowledge and practice of chemistry, botany, human physiology, etc. The aroma-therapist is responsible for administering treatment sessions on the patients such as massages. During the patient’s first session, he/she will ask the questions to get a detailed outlook of the past and present medical history. According to the patient’s complaint and the diagnosis of the condition, he/she will prepare essential oils using different individual components. The massages are similar to the Swedish and the Sports methods. The aroma-therapist also gives complete details of the procedure to the patient, advices about any precautionary measures to be taken and educates the patient about the benefits and risks of the procedure.

Torture: Human and Inescapable Frailty

In â€Å"the Abolition of Torture,† Sullivan argues that we have to ban torture in order to save America. Sullivan insists that we halt abuses on prisoners and terrorists, antithesizing his view with Krauthammer’s for most of the part in the essay. Torture is merely a brutal act of destroying a human being, a completely deplorable execution. And if America observed its favor in this vile act, there would be no more America. To start with, Sullivan says it is absurd that the Bush administration, in the name of military necessity, had permitted aggressive abuse of enemy soldiers.And the abuses in Iraq War resulted in murders of innocent captives. Before discussing the permission of torture, however, we have a severe problem failing to argue: we only swear that torture is morally wrong, before explaining why it has to deal with morality. And Sullivan clarifies it is morally wrong because torture and freedom perfectly counter each other. A human being owns the right to prot ect his or her body. Whereas U. S. Constitution exists in order to protect one’s rights, torture becomes merely against the law.If one is forced to be physically harmed, then he or she is defended by the Constitution. Human beings have â€Å"inescapable frailty† regarding bodily needs. However, torture hinders people’s autonomy, nudging them in the â€Å"inescapable frailty. † People lose their control, then; if one has lost his control over his body or mind, his state becomes â€Å"subhuman. † The Western Freedom was based on the duty to save a victim’s soul. The victim’s body would be damaged, but a lesson was always learned. But today, people are losing their souls as well as bodies.A notion has suddenly been established that in a few cases, we can accept inhumane treatments on whom Krauthammer call are â€Å"so depraved† that they deserve those treatments. Krauthammer says the depraved are so subhuman to be categorized as m onsters. But Sullivan says monsters are still humans, if they have murdered numberless innocent civilians. Humans are responsible for what they have done, a fact which is not applied to animals. Then, humans are not monsters. Moreover, Krauthammer’s excuses are simple hypotheses that rarely happen in the real world.Krauthammer has put three extraordinary events into one scenario and gives a pathetic shot to convince people. If the scenario became a true story, then Sullivan would concede the legalization of torture; the scenario has a chance of about 0. 01% to become true, though. Besides, Krauthammer has not recognized how risky the accessibility of torture will be. Even if abuse were fit in only particular circumstances, torture would be a common scene, because it tends to proliferate. If one abuses another, others will learn by seeing them, and exercise torture.Then, the only means to control torture will be declaring torture to be illegal. Another point does Sullivan oppo se Krauthammer’s idea. Krauthammer claims that torture brings about untrustworthy information. When a captive gets tired of being tortured, to survive, he will spit any words whether they are true or not. Then, such information becomes an option. Sullivan criticizes Krauthammer’s attitude toward this problem, because people torture a person to be classified as subhuman and still get nothing tangible or accurate.After correcting Krauthammer’s perspective, Sullivan provides us a solution. If we look forward to other techniques of extracting information than torture, a vast number of them are awaiting. But, before keeping our eyes on the techniques, we have to give up on our tyrannical behaviors favoring torture. If we remove totalitarian aspects on our faces, we can save America, preserving its fundamental values. However, if we do not completely wipe that violent speck, America will succumb to self-destruction.

Sandstone Reservoirs Research Paper Example | Topics and Well Written Essays - 1250 words

Sandstone Reservoirs - Research Paper Example Examples of sandstone reservoirs are found in Western Canada Sedimentary Basin, coastal basins of Equatorial Africa, United States’ Gulf Coast, Rocky Mountains and Southern North Sea (Stoneley 39). 2. Carbonate Rock Reservoirs Carbonate reservoirs comprise of geologic formation that are naturally fractured which are characterized by heterogeneous permeability and porosity distributions. These are the predominant types of reservoirs all over the world accounting for about 50% of all reservoirs. The distinctive aspect of carbonate reservoirs is their intrabasinal origin. Their mode of formation was primarily dependent on organic activities. They were formed through biochemical processes in special environments. Organisms involved in their formation also contributed in determination of their qualities. Carbonate reservoirs are highly susceptible to processes of modification as a result of post-depositional mechanisms. The variations observed among various carbonate reservoirs res ult from processes such as lithification and compaction (Ahr 50). A notable feature of these reservoirs is their high sensitivity to environmental changes. Changes in temperatures affect biogenic activities thus affecting sediment production. This aspect is what makes carbonate reservoir development depth dependent. Favorable conditions enhance organic productivity while in unfavorable conditions productivity ceases. Carbonate reservoirs are considered autochthonous since they develop close to their final depositional sites. Water energy and basin configuration influences deposition which leads to formation of carbonate reservoirs. Examples of carbonate reservoirs are found in Big Horn Basin in Wyoming and south Caspian basin which encompasses... They develop better vugs and fractures that are relatively important for flow and storage of fluids. Carbonate reservoirs are also harder and tighter than sandstone reservoirs (Renpu 9). Primary porosity of sandstone reservoirs is exclusively interparticle while that of carbonate reservoirs can either be intraparticle, interparticle, intercrystalline, vuggy, fenestral or cavernous. Porosity-permeability relationships of sandstones are relatively consistent and dependent on particle texture while that of carbonate reservoirs are highly varied and independent of particle size (Ahr 53). Shale reservoirs differ from sandstone reservoirs in that shale reservoirs can contain organic mudstones which are not present in sandstone reservoirs. They can also have open fractures which are not common in sandstone reservoirs. Conglomerate reservoirs differ from sandstone reservoirs in that conglomerate reservoirs exhibit an extra-high heterogeneity as a result of a complex pore structure. They also display rapid changes in permeability and porosity between their layers which is not the case with sandstone reservoirs (Zou 298). Advantages of Sandstone Reservoirs Porosity of sandstone reservoirs is uniform over time since it does not diminish with increasing saturation of the reservoir. Chemical processes do not affect the permeability and porosity of sandstone reservoirs. Effects and of micro and macro organisms do not impede fluid transfer through sandstone reservoirs as can be the case with carbonate reservoirs (Renpu 11).

Management of Change Essay Example | Topics and Well Written Essays - 1500 words - 1

Management of Change - Essay Example A company's market potential is necessary for its successful and efficient performance, the basic elements of the company's market potential being its resources, strategic planning system, leadership, and marketing. Strategic planning is closely interrelated with change management. E.g., K. Warren states that "[t]oday's performance [of a company] depends on today's strategic resources". (1999, p. 3) According to Kleiner, the process of strategic planning consists of the following stages: "establishing the ground for the company's activity by means of determining its mission; determining company's main goals; analysing the company's environment by indicating all factors influencing company's activity; determining company's market potential, and its strengths and weaknesses; developing several alternatives as far as strategic development is concerned; analysing these strategic alternatives from the standpoint of the company's goals, vision, mission, as well as conditions in the environment and on the market; forecasting the efficiency of each of these strategic alternatives; and, finally, forming the ultimate strategy of the company, i.e. choosing the strategy that looms the most favourable for increasing the company's competitive advantage. (Kleiner, 1998, pp. 46 - 50) In the quickly changing environment, the modern organizations have to change continuously. Very often, managers utilize reactive approach to changes, which often results in decrease in their companies' competitive advantage, and sometimes even in ruin of organizations. Proactive approach to introducing changes is considered to be much more beneficial, however it demands profound knowledge of the basic features of change process, sources of opposition to these changes, and methods of overcoming opposition. The world-known companies have considerable experience as far as managing changes is concerned. One of the most efficient approaches in this sphere is organizational development that presupposes introducing step-by-step deliberate changes into corporate culture with the goal of adapting the company to the outer environment. Organizational development influences, above all, social subsystem of organization, and is therefore inseparably connected with HR management. However, technological progress should not be neglected either, especially in the IT sphere, and every company undergoing changes should develop the methods of restructuring technical subsystem. A problem that managers often face when introducing changes into companies is the problem of natural resistance on the part of personnel, as well as the company as a system. It is important to combine organizational development with reengineering of business processes for achieving a better result and decreasing the level of resistance. The essence of proactive approach to change management is that all changes are introduced with considering all possible obstacles that

Hypothetical Designs Essay Example | Topics and Well Written Essays - 1000 words

Hypothetical Designs - Essay Example Research design involves some basic steps which are discussed below. Research study can be exploratory, descriptive, hypothesis testing or just a case study analysis. The nature of the study basically depends on the fact that to which stage has knowledge of the researcher advanced; while conducting the research. Exploratory studies are for example conducted on issues that are relatively new, aiming at gaining more generic information without solving any problems. When a researcher has decided which type of research he wants to conduct, than he decides some other important variables which are part of research design e.g. Time horizon, sampling design, unit of analysis, data collection method, measurements, study settings, extent of researcher interference, types of investigations. The design can also be judged by type of assignment of samples. If random assignments are made it is experimental design, non-random is non-experimental design and it is quasi design if it has non-random ass ignment but all other ingredients of an experimental design.

BP Pipeline Essay Example | Topics and Well Written Essays - 1500 words

BP Pipeline - Essay Example Micro economics involves policies for enhancing equity and efficiency in the economy via the judicial and the regulatory mechanism. Opportunity Cost Opportunity cost is one of the mostly used concepts in economics. The opportunity cost is the highest valued alternative of something that must be forgone when making a choice. Thus it can be defined as the cost paid when something is given up in order to get something else. Assessing opportunity cost of any event is important in establishing the real cost of any action. BP pipeline should consider the opportunity cost of constructing a pipeline in order to reduce shipping through road transport as suggested by Mankiw (2011). As the company sets its various routes on the table it has to consider the concept of opportunity cost thus assessing why a given route is preferred over the other. Budget Deficit Budget deficit refers to the amount by which a company or government expenses exceed its income for a given period of time as suggested b y Dyker (1992). Budget deficit is major point of controversy in BP Pipeline Company given the various expenses the company has suffered due to oil spills. As a result, Congressional republicans are against the tougher oil and gas pipeline safety standards as they are bound to hinder economic growth. This is following the frequent budget deficits that the BP pipeline company has suffered. For instance BP’s latest incidences of oil spills have left the republicans devastated as their contra regulation arguments have been curtailed. This has resulted in the incurrence of huge budget deficits and the republicans and the house representatives have proposed bills to reduce the budget deficits faced by EPA due to such oil pollution. This will lead to a situation where BP pipeline will compensate EPA (Environmental Protection Agency) in case they experience oil spills Leading to a higher budget deficit for BP pipeline . Although BP has proofed successful in stalking the waste, the in creasing spending in compensation of damages caused by the spills largely increases its budget deficit. In addition BP is bound to suffer cost of repair and clean-up operations liabilities thus increasing the company’s deficit spending. However BP has promised that everyone affected by spills will be compensated. The Company has thus signed several agreements with local municipalities and shrimpers following the spill effect. It is no doubt thus BP pipeline has suffered huge budget deficits which are affecting the countries economy to a great extend. National Debt National debt is also referred to as government or public debt and it is the money owed by the central government. In the United States national debt can also refer to a municipal or local government debt. National debt reflects on all government liabilities such as pension payment as well as payment for goods and services received and not yet paid according to Cavanaugh (1996). In many cases government tend to borr ow funds in a currency with strong command for debt security. National debt can be caused by various aspects such government spending on disaster like the BP oil spill. Following the Alaska oil spill by the Bp pipeline company, the government has suffered great losses which have led to national debt. As a result, the central gover

The importance of sex education Essay Example | Topics and Well Written Essays - 2750 words

The importance of sex education - Essay Example Sex, apart from the education perspective is akin to hunger and thirst in many ways. However the need for sex is not that powerful as that of food and water. Just like food has its own importance in our daily lives which influences our social, cultural and moral values but also highlights our economic sustainable conditions, same as the case with ‘sexual values’ where it seems that for sexual behavior, environmental factors are more influential than psychological factors. Simon and Gagnon (1986) describe environmental factors in terms of sexual(Strongman, 2001, p. 16)The importance of sex education in the context of learning can be considered just like other subjects on the curriculum: it involves the transmission of information; it contributes to the development of personal autonomy;and it seeks to promote the interests of both the individual and the broader society. (Halstead & Reiss, 2003, p. 3) In other respects, however, sex education is quite different. It is about human relationships and therefore includes a central moral dimension. It is about the private, intimate life of the learner and is intended to contribute to his or her personal development and sense of well-being or fulfillment. It generally involves intense emotions, to do not only with intimacy, pleasure and affection but often also with anxiety, guilt and embarrassment. In all of these respects, values are involved which need to be researched and studied for the self-consciousness of younger generation.

Fermentation Kinetics of Different Sugars Essay

Fermentation Kinetics of Different Sugars - Essay Example The findings achieved through the experiment showed an increased rate of fermentation in tubes with glucose and sucrose as the substrate while lactose showed a massively decreased rate of fermentation. The addition of sodium fluoride also caused a decreased rate of fermentation. Analysis of the complete data suggested that the carbohydrates used by Saccharomyces cerevisiae for fermentation play a great role in the final rate of fermentation. Keywords: Saccharomyces cerevisiae, fermentation, carbohydrates, magnesium Fermentation Cells and tissues irrespective of belonging to animal or plant have a minimum requirement of energy. Different processes such as synthesis of molecules, transportation, DNA replication and cell repairs have varying requirements of energy. To successfully complete these processes cells undertake many metabolic processes to achieve their supply of energy. Glucose being the most important carbohydrate and the end product of almost all food sources is the beginnin g point of these metabolic processes. Energy conversion starts from the process of glycolysis. As explained by Agrimi et al., (2011) glycolysis begins with the entry of a single glucose molecule and terminates with the production of two pyruvate molecules. The process immediately yields four ATP molecules. However, with the consumption of two ATP molecules at two different steps in the cycle, the net production via substrate level phosphorylation turns out to be two. Although the process itself is not affected by the presence or absence of oxygen, the final production of the ATPs is hugely affected under hypoxic conditions as only 2 ATP molecules per glucose are produced instead of 36 ATP molecules per every glucose molecule. Depending on the availability of oxygen the pyruvates produced at the end of glycolysis are either shuttled into either cellular respiration / Krebs cycle or they are used in the process of fermentation. Fermentation has been derived from a Latin word ‘fe ver’ meaning to ferment.

The Sunne Rising by John Donne Essay Example for Free

The Sunne Rising by John Donne Essay The poet, John Donne wrote The Sunne Rising poem. The poem is metaphysical. Metaphysics is the branch of philosophy that deals with the first principles of the reality of things, including questions about being and substance, time and space, causation and change, and identity. Metaphysics presents the theoretical philosophy as the ultimate science of being and knowing. Metaphysics provides sense relating to philosophical speculation and intellectual abstraction. Metaphysics belongs to the nature of transcendentalism, philosophical depreciative thoughts of reasoning and ideas. Metaphysics is excessively subtle and incredibly abstract. Transcendentalism surpasses and excels others of its kind beyond ordinary limits. Transcendentalism is pre-eminent, superior and supreme, something extraordinary. Transcendentalism is elevated above ordinary language as a lofty idea or concept. It transcends comprehension. Transcendentalism is obscure and abstruse. As applied by the Schoolmen, transcendentalism predicates which by their universal application were considered to go beyond the Aristotelian categories or predicaments. The Ten Categories, accordingly lists ten attributes or predicamenta[1], predicaments, which can be used to speak of things which engages ones interest in order to become an object of scientific investigation. A substance denotes a subject or thing in terms of what exists in itself and not in another. A substance cannot be attributed to another subject or thing. It is an ens per se, a being by and of itself.[2] The other categories are denoted by quantity, quality, relation, action, passion, place, time, posture, and habit. Those categories are used to speak of a thing, identified as a substance. Those last nine categories either inhere or exist in a substance as a substance and are affirmed. For example, the quantity and quality of a given thing given the matter and form. [3]as accidents while the subject or thing to which they refer remains substantially the same. Some categories, refer to relations or connections which can exist between a substance and its external environment. For example, the action and passion of a substance: What a substance does as a subject and receives from the activity of another source. Transcendentalism goes beyond the Aristotelian categories or predicaments. Those nine may refer to external causes and circumstances that should be noted in talking about anything. For example, habit, time, and place.[4] These later properties come and go. In transcendental terms, the poet expresses his love for his mate. The love poem consists of three regular stanzas. Each stanza is ten lines long, and follows a line stress pattern of 4255445555. The meter is basically iambic with a few variations. The variations from the iambic meter highlight significant passages in the sonnet. As well, highlighting significant passages are varying stress patterns. The stress pattern in lines one, five, and six, it is in tetrameter. However, the pattern in line two is in dimeter, and the pattern in lines three, four, and seven through ten are in pentameter. The rhyme scheme in each stanza is ABBACDCDEE. In the first stanza, the poet chastises the sun by calling it a Busie old foole, unruly Sunne, eagerly habitual motion of primeval and shabby action which lacks good judgment, a simpleton, Not amenable to rule or discipline, ungovernable, disorderly and turbulent star (1). The interference of the sun at this moment, belittling the significance of the sun elevates their act of love above the central body of the solar system, around which the earth and other planets revolve. The other planets are kept in their orbits by the suns attraction and supplied with light and heat by its radiation. Obviously, the sun is not insignificant, but their moment in bed is more important. This is an example of transcendentalism, the exaggeration or elevation of emotions beyond the importance of the central body of the solar system, the sun. The poet presents a rhetorical question, Why dost thou thus (2). For what reason, cause, motivation or purpose do you, referring to the sun, act so foolishly and make a mess of things? Using dost thou in reference to the sun, shows reproach or contempt for the suns action in a manner now being indicated or exemplified to this extent and in this degree (2). How did the sun behave foolishly? Through windowes, and through curtaines call on us? (3) Through the windows and curtains, the sun awakens us to begin our day of duties. Through the windows and curtains, the sun beckons us to rise from our slumber. Through the windows and curtains, the sun forcibly detracts us from the bed we share together. Must to thy motions lovers seasons run? (4) Why must lovers time end based on the rising of the sun? (4) The word motions is used to reference not only the motion of the sun, rising of the sun, but as well, the motion of lovers, the act of sex, both the sun and sex rise and sets, as do seasons , based on time (4). The poet places the motion of lovers above the motion of the sun, a sign of transcendentalism in the form of a lofty analogy. The poet admonishes the sun, placing the importance of the poet before that of the sun. The poet calls the sun a Sawcy pedantique wretch (5). A sawcy pedantique wretch is a despicable and vile person, one of opprobrious or reprehensible character, a mean and contemptible creature, insolent or impertinent with wanton lasciviousness through pedagogic schoolmasterly to superiors (5). The poet tells the sun to goe chide (5)/ Late schoole boyes, and sowre prentices (6). The poet speaks directly to the sun. The poet tells the sun to move towards quarrelling and wrangling with truant school boys and unpleasant and disagreeable, gloomy and sourer apprentices (6). Both school boys and apprentices are bound by to serve an employer in the exercise of some trade or profession, for a certain number of years, with a view to learn its details and duties, in which the employer is reciprocally bound to instruct him (6). In this analogy, the poet is the employer, and the sun is the sowre prentice (6). The poet continues admonishing the sun by telling the sun to Goe tell Court-huntsmen, that the King will ride (7), Call countrey ants to harvest offices (8). The poet tells the sun to move towards Court-huntsmen the kings manager of a fox-hunt, a man whose business is to take charge of a pack of hounds and direct the pursuit of game. The sun needs to awaken the court-huntsmen because the King will ride (7). The king is going to ride in the fox-hunt. The poet tells the sun to Call countrey ants to harvest offices (8). The word offices means duties. The sun awakening country ants to harvest duties is important because those ants do not infest indoor structures as did the sun. Those ants do not invade houses and buildings as the sun did, but rather they establish their nests around the outdoor gardens and yards, destroying vegetation rather than copulation. The analogy has changed to infer that the sun should awaken things that destroy foxes and vegetation, rather than things that creat e life through the act of copulation. The poet closes the first stanza by informing the sun that Love, all alike, no season knows, nor clyme (9), Nor houres, dayes, moneths, which are the rags of time (10). When the partners love is in complete unity, time does not understand. The sun telling time by way of its own artifice is analogies to beggars raising sores on their bodies without pain. Hours, days and months are the parts of time, analogies to sores, raised by the sun without pain. The analogy is the sun is the beggar who raises time, represented by sores, without pain. In the second stanza, the poet asks, Thy beames, so reverend, and strong (11)/ Why shouldst thou thinke? (12) The speaker wonders why the sun should think its beams to be so worthy of respect and reverence, commanding respect by ability, and powerful with the ability to exert great force? The poet to the sun says, I could eclipse and cloud them with a winke (13), But that I would not lose her sight so long (14). The speaker may obscure those beams by closing his eyes, yet he would not like to lose sight of his beloved for so long. The poet places the power of himself eclipsing the sun rays above the power of the suns beams. The poet has become a sort of godlike power, and that is another sign of transcendentalism. The poet to the sun inquires, If her eyes have not blinded thine (15), Looke, and to morrow late, tell mee (16), Whether both the Indias spice and Myne (17)/ Be where thou leftst them, or lie here with mee (18). If the suns eyes have not been blinded by her beautiful eyes, look late tomorrow whether the treasures of East Indies spices and West Indies gold mines be where you left them, or do the treasures of the Indies lie here in bed with me? The poet considers the abstraction of beauty between the treasures of the Indiies and the beauty of his beloved, as a symbol of transcendentalism. The poet closes the second stanza with a sublime statement; Aske for those Kings whom thou sawst yesterday (19), And thou shalt heare, All here in one bed lay (20). The poet to the sun-ask all those Kings that the sun beamed its rays upon yesterday, and you shall hear-they will choose to lie in bed with his beloved. The poet tells the sun that if the kings had a choice between the spices and gold, or lying in bed with his beloved, they would all choose to lie in bed with his beloved. The poet exalts the value of his beloved above that of the Indies spices and gold, an abstraction. Yet, the abstraction is a transcendental metaphor. In the third stanza, the poet to the sun describes, Sheis all States, and all Princes, I (21), Nothing else is (22). The speaker describes her soul as all countries in the world, and he represents a King for nothing else exists or is real. The poet supports his claim, Princes doe but play us; compard to this (23), All honors mimique; All wealth alchimie (24). The speakers informs the sun that princes only dabble with frivolity; compared to what he has in bed with his beloved. The poet explain what he has in bed with his beloved is imitated with honor, and a miraculous power of extractions with wealth. According to the poet, neither honor or wealth is as real as what he has in bed with his beloved. The poet to the sun claims Thou sunne art halfe as happyas wee (25), In that the worlds contracted thus (26). The speaker claims the sun is half as happy as him and beloved because the sun need only to beam onto this bed that represents the world. The poet supports that claim by pandering to the suns age. The speaker says, Thine age askes ease, and since thy duties bee (27)/ To warme the world, thats done in warming us (28). Since the sun is growing older, it desires ease. In order to perform its duties to warm the world in ease, it needs only to warm himself and beloved in bed for they represent the world. The poet argues to shine on their bed is to shine on the world. The poet to the sun closes the third stanza with Shine here to us, and thou art every where (29); This bed thy center is, these walls, thy spheare (30). The poet has successfully moved from the external to the internal world of the soul, represented by the world. The speaker explains to shine on us, the sun shines throughout the world. The world is an abstraction for the internal world of the soul. The perimeter of the soul is the suns center, and its walls, its sphere or dimension. The variations in stress patterns in each line represent the poets claim, support for that claim, and conclusion. Each stanza has two claims, represented by the stress patterns in lines one and two being the first claim, and five and six representing the second claim. The stress patterns for lines one, two, five and six are 4,2,4, and 4, respectively. In each stanza, line two represents the question or issue at hand with an extremely short stress pattern of only two. The claims are supported in lines three, four, seven, and eight with stress patterns of 5,5, 5, and 5. The argument is then concluded in each stanza in lines nine and ten with a stress pattern of 5 and 5. The poet connects the external to the internal world with a great deal of tension. Tension is that which can be understood by the mind, but not yet accepted by the emotions. Tension may also be interpreted as the stress between that which is grounded, West Indies spices and gold mines, by that which is elusive, to shine on this bed is to shine throughout the world.

Irans Economy: SWOT Analysis

Irans Economy: SWOT Analysis Strengths: Location between the Middle East and Central Asia, with access to the Persian Gulf and Caspian Sea Iran is the eighteenth largest country in the world The economy of Iran is the twenty-fifth largest in the world by GDP (nominal) and the eighteenth largest economy in the world by purchasing power parity (PPP) world’s second largest proven oil reserves, after Saudi Arabia, world’s second largest proven gas reserves after Russia It is OPECs (Organization of the Petroleum Exporting Countries) 2nd largest oil exporter and is an energy superpower. Subsidy reform has cut domestic consumption of oil and gas and provides more for export Oil and gas aside, Iran is rich in other resources and has a strong agricultural sector Easy Access to markets of neighboring countries Iran has one of the highest urban growth rates in the world. From 1950 to 2002, the urban proportion of the population increased from 27% to 60% TSE (Tehran Stock Exchange) has been one of the worlds best performing stock exchanges in recent years. The Foreign Investment Promotion and Protection Act (FIPPA) gives some protection to foreign investors and relatively good terms for the repatriation of profits Although stifled in the years since the revolution, Iranians are known for their entrepreneurial skills, which is potentially a strong pull for foreign investors. excellent reverse engineering capabilities and technical innovation A large army including elite units two thirds of Irans population under the age of 25 Young, motivated and active work force Iran is a diverse country, consisting of people of many religious and ethnic backgrounds Iran is home to one of the richest artistic traditions in world history and encompasses many disciplines, including architecture, painting, weaving, pottery, calligraphy, metalworking and stonemasonry. Existing historical tourist attractions for improving regional tourism The culture of Iran is a mix of ancient pre-Islamic culture and Islamic culture Weaknesses: One product economy (economic growth only rely on oil and gas industry) Little international or multinational involvement. International sanctions make investment and financing transactions difficult. International sanctions discourage foreign oil companies from bringing much needed technical knowledge and equipment to maintain oil output levels. International Sanctions are eating into Iran’s oil revenues, increasing the chances of severe social unrest. International sanctions in banking system, means that the sector is underdeveloped and under-competitive After a concerted effort to reduce public debt in recent years there are signs that it is once again rising Iran has only a few allies in the region Foreign firms are unable to own hydrocarbon resources in Iran Unfavorable contract structures limit profitability for foreign investors. Inability of controlling exchange rates Limited financial or operational freedom Lack of infrastructures in different economical parts The beginning of the countrys subsidy reform program has lowered its growth prospects and accelerated inflation. Progress on privatization front remains slow despite some recent encouraging signs Structures of state-run firms are inefficient, which slows down the production process. Strict government control is highly restrictive to innovation Lack of funds in commerce and agriculture section Lack of transportation vehicles traditional production methods due to lack of advanced technologies Bureaucracy constricts entirely state-run industries. Poor research facilities (despite ability to reverse-engineer). Decision making ultimately rests with the Supreme Leader Iran has one of the poorest human rights records in the region Opportunities: There is a possibility of regional dominance in the short term due to the country’s size and influence The gas sector is underdeveloped and there is considerable room to maximize this source of revenue. government subsidized foundations that dominate Iran’s non-oil economy Any normalization of relations between Iran on one hand and the USA and its allies on the other could provide the impetus for a huge reform of the banking sector. The government has granted a number of licenses to new private banks in recent years; these private banks are growing far faster than their state-owned counterparts. A growing population, combined with a shortage of housing, provides opportunities for investment in residential construction. Widespread deployment of enhanced oil recovery (EOR) techniques could significantly boost output. Considerable untapped gas export potential US setbacks in Iraq and Afghanistan have given Iran an opportunity to assert greater strategic influence in the region Iran still has option to resolve nuclear crisis diplomatically Iran retains support in the international community, notably from China and Russia, which both oppose sanctions. Opportunities for export if restrictions are lifted. A growing realization that international assistance may be required to develop industry could see further involvement in the future. Being neighbor with underdeveloped countries of Afghanistan and Pakistan Good climate for agriculture and providing the base for expanding of these products Having young, motivated and active workforce Having border markets provide basis for crossà ¢Ã¢â€š ¬Ã‚ border interactions Existing special economical region and providing the base for economic growth Having major productive benefits in mine and industry sections Having good universities and colleges to improve professional work force in the region Expanding native culture of region and country to other neighboring countries Threats: Lack of privatization will continue to stifle the industry. Concentration on high-profile programs will detract from more essential ground forces research. Ongoing tension over Iran’s nuclear program raises the prospect of further US and UN Security Council sanctions Ethnic tensions are on the rise High youth unemployment. A decline in world oil prices would have a considerable impact on the economy. There is a serious risk of capital flight due to fears of conflict or sanctions. UN and EU sanctions on Iran pose a significant threat to the participation of foreign firms in the oil and gas sector. Non-performing loan ratios are dangerously high; there are serious concerns over the solvency of state-owned banks over the long term. Government-mandated lending to poorer Iranians at low interest rates means that banks have limited control over their lending policies. UN, US and EU sanctions on Iran’s banking and energy sectors are making it difficult for foreign companies to undertake financial transactions with Iranian entities, and risky to invest in the hydrocarbons sector. The risk of internal political instability Long-term fall in domestic oil production Changes in OPEC/national energy policy Strong regional competition Political issues make procurement decisions extremely slow. Slow pace of development. Inefficient workforce acts as a further drain on resources Not having enough infrastructures for expanding different economical sections Safety threats and consequently less investing Religious and tribal networks Immigration of professional workforce Having unsuitable weather like 120 day sand storm Lack of advanced technologies

Scheme of Remedies for Misrepresentation

Scheme of Remedies for Misrepresentation In pre-contractual negotiations, one party (the Representor) may make representations to another party (the Representee), which relate, by way of affirmation, denial, description or otherwise, to a statement of fact or present intention. If the representations made are untrue, they may be termed misrepresentations. The Representor may know that the statements are untrue; or they may be careless or reckless as to their truth. Alternatively, the Representor may hold an honest belief as to truth of the statements made. Generally there is no positive duty to act honestly in English Law a misrepresentation cannot be made by silence and even where one party proceeds, fully aware that the other is contracting on the basis of a misunderstanding of some fact, English law does not provide for a remedy. The exceptions are where the facts given are a half-truth, or where a statement is made, circumstances change and the maker of the statement fails to disclose this. Further exceptions are where a contract, such as one for insurance, is treated by the law as being of the utmost good faith and requiring the contracting party to disclose all relevant facts; or where the contract involves a fiduciary relationship such as between a company and its promoters. European Law, by contrast, imposes a positive duty to act in good faith and fair dealing, both during the course of negotiations and where a contract is concluded. It allows avoidance of the contract for fraudulent (deceitful) non-disclosure of information which, in accordance, with the principles of good faith and fair dealing, a party should have disclosed. The duty extends to situations where a contract is not even concluded: for example, where negotiations break down, or where one party is time wasting. This positive duty to act in good faith is common in other jurisdictions, including some common law systems. The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. The reasons for imposing wider liability on the intentional wrongdoer than on the innocent misrepresentor are certainly moral, but as Lord Steyn notes, the law and morality are inextricably interwoven and, to a large extent, the law is simply formulated and declared morality. It seems ironic, therefore, that there is no remedy whatsoever are where one party deliberately fails to disclose a material fact: an action that is intentionally dishonest, immoral and surely equally blameworthy. To be blameworthy means to be at fault or deserving of blame: from a moral standpoint, it implies conduct for which a party is guilty and deserves reproach or punishment. However, there is a logical consistency to, and a general policy of, not punishing intentional wrongdoers by civil remedies in English law: the primary remedy for civil wrongs is to provide compensatory damages, measured by the claimants loss; and the aim of providing a remedy, frequently cited, is to put the claimant into as good a position as if no wrong had occurred. However, the principles by which the remedies for fraudulent misrepresentation have developed do appear to go beyond this, having a punitive nature in their application. Fraudulent Misrepresentation Where the Representor makes a statement of fact (or a statement of intention, which involves a representation as to the existence of the intention which is itself a present fact) either knowingly, without belief in its truth, or recklessly, i.e., careless as to whether it is true or false, and this fact, being material, induces the other person to enter into the contract, this is a fraudulent misrepresentation. It does not matter that the Representee could have discovered the truth or spurned the opportunity to do so. The test as to whether fraudulent misrepresentation has taken place is whether there is an absence of honest belief; and honesty in this context refers to a subjective appreciation of events. The fact that the statement would not convince a reasonable person does not necessarily make it dishonest; however, where the statement is made recklessly or carelessly, the Court may make a finding of dishonesty, in that the person in question could not reasonably have believed in the truth of their statement. In all cases of fraudulent misrepresentation, however, dishonesty is a crucial factor damages cannot be claimed in deceit on the basis of recklessness alone since the basis of deceit is dishonesty. Where the misrepresentation is fraudulent, the Representee may rescind the contract a remedy available for nearly all types of misrepresentation and he may also recover any benefits that the Representor has enjoyed as a result of the contract being made, prior to the contract being rescinded. The Representee may also claim damages in the tort of deceit, and as noted, the damages are intended to restore the victim to the position he was in before the representation was made. The test for damages in fraud is one of direct consequence, rather than foreseeability, with damages being divided into two categories diminuation in value and consequential losses. Similar to damages for negligence, the House of Lords have confirmed that the Representor will be responsible for a sum representing the financial loss flowing directly from his alteration of position under the inducement of the fraudulent representations of the defendants. Unlike for negligence, however, the damages do not need to be foreseeable; as long as they have been caused by the transaction. This demonstrates that the Representors blameworthiness is important since the benefit of limiting liability to only foreseeable damages is not permitted to the dishonest person as it would be if the representation was made negligently: per Lord Denning in Doyle v Olby, it does not lie in the mouth of the fraudulent person to say that they could not have been reasonably foreseen. This decision was reaffirmed in Smith New Court. Further, the fact that the Representee had every opportunity to avoid the contract or transaction in question, or could have taken proceedings to rescind it, or asserted his rights to have it treated as void in proceedings brought to enforce it, does not bar his claim for damages. Once again, where dishonesty is involved, the law does not allow the misrepresentor any opportunity to reduce his liability, even where there is fault on the part of the Representee. Similarly, the contributory negligence of the Representee does not apply to reduce damages for the tort of deceit. Again, this feature has been applied because the tort involves dishonesty; regardless of the contributory negligence of the Representee, the Representor will have to pay for all damages because the law views him as blameworthy and cannot justify restricting his liability as a result of this. The Representee may also claim for consequential losses, although he is obliged to take all reasonable steps to mitigate those losses on discovery of the fraud. The type of damages that may be awarded to the Representee may include both special and general damages, as for A v B, where the claimant Representee was entitled to an award of  £7,500 in respect of general damages for distress even though his distressed state had not required medical attention. Although the potential heavier damages available to claimants may make a claim in fraudulent misrepresentation seem more attractive, it may be difficult to prove the Representors dishonesty and failure to succeed may result in an action for defamation; a claim under Section 2(1) of the Misrepresentation Act 1967 (MA1967) is more likely to be pursued for these reasons since the remedies available are similar. Negligent Misrepresentation The misrepresentation may alternatively give rise to an action for damages in the tort of negligence, if the statement is made (a) knowingly, (b) without belief in its truth or (c) recklessly, careless whether it be true or false; and a special relationship exists between the parties. A finding of dishonesty is not necessary: provided that it can be established that there is reasonable foreseeability of reliance on the statement and of the harm caused by that reliance. As established in Hedley Byrne, the Representor has a duty of care to do all that is reasonable to make sure their statement is accurate, regardless of the existence of a fiduciary or contractual relationship; only a sufficient degree of proximity between the parties is necessary for an action to be sustained. Such proximity would arise in professional relationships, such as those made with barristers and estate agents, and also in purely commercial transactions where the Representor has superior knowledge and experien ce to that of the Representee and it is reasonable for the Representee to rely on statements made by them. In all cases, it must be just and reasonable for the duty of care to be imposed. The remedies available to the Representee are rescission of the contract and damages in the tort of negligence; and, unlike a claim for fraudulent misrepresentation, damages will be subject to a test of reasonable foreseeability. The Court may however take account of benefits that the claimant has missed out on as a result of the misrepresentation. Despite the difficulties in establishing negligence, it should be noted that actions for negligent misrepresentation have the advantage that they are not limited to misrepresentations that induce contracts; nor are they limited to statements of fact. A parallel can be drawn with principles of European law, which recognise liability for losses during the process of negotiation, even if a contract is not made. However, whereas for negligent misrepresentation in English law a duty of care must be established, in European law no such duty is required. Such losses in European law include those incurred as a result of failure to act in good faith and fair dealing; a positive duty imposed on the parties, which may include failure to disclose pertinent information. Section 2(1) Misrepresentation Act 1967 More commonly, an action for misrepresentation will be made under Section 2(1) of the MA1967 where the misrepresentation results in a contract. Unlike an action in negligence, which requires the Representee to prove that a duty of care existed, the burden of proof is reversed: the Act requires that the Representors prove they had reasonable grounds to believe, and did believe up the time the contract was made, that the facts represented were true, and unless they can do this, they will be liable. This can be difficult to prove: a mere honest belief is not enough. Remedies available to the Representee are similar to those available for fraudulent misrepresentation unless the Representor is able to discharge this burden of proof (and if the Representor can discharge the burden, the Representee may still plead innocent misrepresentation with its consequent remedies). Effectively then, per Royscot Trust Ltd, damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently: this has attracted much criticism as it means in effect that the Courts are required to treat a person who is morally innocent as if he was guilty of fraud. However, under Section 2(1) the loss recoverable does not go beyond the consequences that arise from the negligent misrepresentation: this is narrower than the recoverable loss permitted for fraudulent misrepresentation per Doyle v Olby. In addition, unlike damages for fraudulent misrepresentation, the Court may reduce the sum if there is evidence of contributory negligence on the part of the Representee. The damages under Section 2(1) will be based on direct consequence (as for the tort of fraud/deceit) rather than what was reasonably foreseeable (as for the tort of negligence). In Royscot Trust, the Court of Appeal held that the correct measure of damages was based on the tort of deceit and that the Plaintiff was entitled to recover all losses even if those losses were unforeseeable, provided they were not otherwise too remote. Therefore, the measure for damages for innocent misrepresentation under Section 2(1) is the same measure as for fraudulent misrepresentation. This has since been questioned, however, and in Smith New Court Securities, Lord Steyn asked whether it was correct to treat a person who was morally innocent as if he were guilty of fraud when it comes to the measure of damages. This measure seems incorrect: especially as, per Avon v Swire (where representations as to the future were presented as statements as to existing intention), the section may be used to produce damages on a scale commensurate with fraud where otherwise the contract would allow no damages in the event of breach and there would be no damages for negligent misrepresentation in tort. Innocent Misrepresentation Where the statement made is innocent, in that there is no provable fault, the remedy is rescission of the contract unless the Court awards damages at its discretion under Section 2(2) MA1967; alternatively it may award rescission with an indemnity; the aim of the Court in all cases being not to unjustly enrich the Claimant. The equitable remedies that the Court may award discretionarily may include the setting aside of a deed or other instrument and the restitution of property, with any pecuniary adjustment that might be necessary on either side by way of accounting for profits or allowance for depreciation. Although there is no indication as to the level of damages, it is considered that this should be lower than the damages awarded under Section 2(1), as implied by Section 2(3). The Court exercises its discretion in accordance with the principles of equity and so there may be no remedy offered if the facts as a whole make it inequitable to grant the relief, or if there is improper conduct or suggestion of a harsh bargain on the part of the Representee. Mispresentation and blameworthiness: considerations It has been noted that misrepresentations can be made intentionally, carelessly or recklessly, or innocently. In each case, there is a remedy for the Representee; but the value of that remedy varies based on several factors. We have seen that where fraudulent misrepresentation is proved (for which dishonesty is required), the level of damages awarded may be far greater than for other types of misrepresentation: the Representor must pay all financial losses flowing directly from the misrepresentation. There are few limits to this: the damages do not need to be foreseeable and matters of the Representees conduct, such as the fact that he had the ability to avoid the contract or to discover the dishonesty, does not bar his claim. Similarly, his contributory negligence is irrelevant to the calculation of damages. The only restriction is that Representee needs to take reasonable steps to mitigate his consequential losses. Following the recent case of A v B, we have also seen that general damages may be available for distress suffered, even though this is not medical. Under the MA1967, we have seen that a Representee can claim damages on a scale commensurate with fraud even where the representation was innocent, although these will be limited by any contributory negligence. It seems unjust that the Representees contributory negligence is ignored in fraudulent misrepresentation: this is fault per se on the part of the Representee and if the reason for allowing wider damages is blameworthiness, surely the blameworthiness of the Representee must also be a consideration. The European approach of considering all circumstances, including, but not limited to, whether the Representee could reasonably acquire the information, seems fairer. The flexibility of this approach, in contrast to the unlimited scope of damages in English Law permitted for fraudulent misrepresentation, may demonstrate a better approach to the calculation of damages. The European approach may be contrasted to awards made for innocent misrepresentations in English law, which follow equitable principles; in such cases the conduct of all parties is taken into consideration before reaching a decision. The fault of both parties is balanced in order to reach a decision that is fair to both, and such a system would make a more just compromise between the heavy benefits of a successful claim for fraudulent misrepresentation. It has also been noted that it is entirely illogical that the law should take such an iron-handed approach where the Representor makes a positive statement which he knows to be incorrect; but provide no remedy whatsoever when the same person dishonestly fails to disclose a material fact that he knows would have a material bearing on the contract. James notes that the EU is taking tentative steps towards the abolition of national contract laws of member states, and the replacement with a single European code. If this happens, we will see the introduction of a positive obligation to act in good faith, both in pre-contractual negotiations and in the formation of contracts. This obligation on contracting parties to be open with each other in negotiations is foreign to English law; it has previously been avoided because of principles of contractual freedom and economic efficiency. However, a model which requires honesty and diligence on the part of both parties, and provides for remedies to either party where there is a loss to be made good, with each partys conduct assessed for fairness, seems a far more balanced approach than the present system of remedies in English law for misrepresentation, and accords more with the principle of restitutio in integrum that is inherent throughout our contract law system.

An Envision brought Alive :: essays papers

An Envision brought Alive The video of the glass menagerie met to my exact expectation of the play. While reading the play I could only grasp in my mind the picture of each of the characters, the setting they were in, and the relationships they were engaged in. Therefore I could only envision what I thought their faces would look like or the expressions they were making. But after watching the video I was able to put the puzzle pieces together and finally see what I was missing through the portrayal of characters, the setting, and the relationship between the characters. The portrayal of the characters was done almost exactly to the play. I felt that each of the actors did an exceptional job at this. Amanda’s character came alive in the movie and emphasized her typical role of a nagging and annoying person. Her overall attitude, motions, and facial expressions helped bring alive her character. She expressed tones in her voice, that you wouldn’t be able to hear in reading the play, which helped illuminate her characters determination with dominating over her children and also with winning over Jim. The portrayal of Tom was also done very well, a young man tired of living at home with a mother who will not leave him alone and a sister who he feels bad to leave behind. The actor used good expressions such as the roiling of his eyes to his mother and his angry faces when she pushed him to the edge. In the play I didn’t grasp how frustrated he actually was, but the movie helped me understand with his character. I felt Laura was the b est portrayed character. Her weak and humble attitude, her shy and nervous ways, her small frame, her little girl look were all shown in the video. Her emphasis on her disability was also portrayed well in the movie. In the scene with her and Jim in the living room when he tells her he didn’t even notice she had a problem with her leg, she becomes greatly embarrassed and shy and wants to not talk about that subject. Jim’s character was also portrayed well in the play I found him to not really like Laura or feel bad for her when he tells her he is engaged, but in the movie I found him to be more caring and sympathetic towards Laura and her feelings.

I am Vietnamese :: first person narrative essay

I sit in solemn silence, wondering if I should even bother with this essay. I am not the ideal Vietnamese child; I am nothing special.Since I was born, English has been my primary language. It is the language I think in, the only language I can express my true emotions. I am an American-born Vietnamese child, proud of my heritage, yet forever attempting to grasp it. I merely know this: my morals and values, instilled in me by Vietnamese tradition make me who I am today. That is why I write, not to win, but to express my pride in my Vietnamese roots. I am Vietnamese. Sometimes, it is hard for me to believe. My grasp of the language is childish at best, and at times, I feel inadequate. It is something that I am ashamed of, yet something I hope to rectify in the future. But I know I am Vietnamese. The ability to overcome hardship, to face fear and succeed is in my blood. As our people have always found light in every bad situation, I was raised to do the same. My ability to speak and write may not be up to par with other Vietnamese children but my heart and spirit will forever be 100% Vietnamese. My parents are the best. They have never ceased to amaze me. I grew up in Allen Parkway, alongside hundreds of other Vietnamese families. My parents worked long hours at their jobs to try and provide for my sisters and me. My mother is a seamstress, working 60-hour weeks. My father is a fisherman. He is gone for a weeks at a time, doing hard physical labor. Whenever I look into his eyes, I begin to cry. I see a man that could have been so much more. He was among the top students in his class. His teachers told him he was destined for greater things. Yet there he stands, in front of my own eyes, a waste of a man. We never had the father and son relationship I have always craved, but my love for him and my mother transcends comprehension. I wish I could say that I had a great upbringing, but I can't. My parents tried their best, but they were hardly ever around. My sisters and I raised ourselves. Among the three of us, the cooking, cleaning and household chores were divided.