Pearl

Word Mastery Apprehensive- having awareness or knowledge of something Benign- showing kindness and gentleness Collusion- secret agreement or cooperation especially for an illegal or deceitful purpose Countenance- calm expression Divert- to turn from one course or use to another Glimmer- to appear indistinctly with a faintly luminous quality Goad- something that urges or stimulates into action Immune- marked by protection Lament- to express sorrow, mourning, or regret for often demonstratively Monotonous-uttered or sounded in one unvarying tone: dull Getting it Straight-Answer all of these questions.Complete sentences Chapter 4 1. In the description of the pearl buyers, what do we find out about the market in Kino's village? The market is fixed. The buyers get together and set prices to cheat the village men. 2. What happened when Kino went to sell his pearl? The pearl buyer told him it was a curiosity, not a valuable pearl. He offered Kino 1,000 pesos. When Kino disagreed, three othe r buyers were brought in; each one said it was of little value. It is made obvious to the reader that the buyers had arranged their prices earlier. Kino says he will go to the capitol instead of dealing with these buyers. . Juan Tomas says to Kino, â€Å"You have defied not the pearl buyers, but the whole structure, the whole way of life. I am afraid for you. † What does he mean? No one of the village men had ever gone against the buyers. No one had â€Å"taken on city hall,† so-to-speak. It was not Kino's place to try to do better. He was just a lowly village man; that was his station in life. Now, he was trying to improve his station and would have to have a major conflict in order to do so. Juan Tomas thinks this goes against the laws of nature and that bad things happen when you go against the laws of nature.As I heard it put once, â€Å"Little fish don't eat big fish. † 4. Again at the end of the chapter, Juana wants to throw away the pearl because it is ev il. What evil thing happened? Kino is attacked again. This time he is hurt worse than the first time. Chapter 5 1. Where did Juana go early in the morning? Juana tried to sneak out with the pearl to throw it away. 2. What did Kino do when he figured out where she went? He went after her, took the pearl away, and (in the process) beat and kicked Juana. 3. What happened to Kino up the beach through the brush line on the path? He was attacked again.This time he was badly injured, and he killed a man. He thought he lost the pearl, but (ironically) Juana found it again in the path. 4. What happened to their hut while they were away? Someone had gone in searching for the pearl. It was a total wreck, and then someone set fire to it. 5. Why did they leave the village? They left the village because Kino had killed a man. They did not think that, given Kino's recent upsetting of authority, anyone would believe the man was killed in self-defense. Chapter 6 1. What â€Å"songs† does Kino hear on the first part of their journey?He hears the music of the pearl and the quiet melody of the family. 2. What made the music of the pearl become â€Å"sinister in his ears, interwoven with the music of evil? † Kino looked at Coyotito's face. We assume that means he thought of the evil of the scorpion and his distrust of the doctor. 3. What happens to Coyotito? Coyotito cries. The tracker shoots towards the sound, towards the cave where Juana and Coyotito are hiding, and the shot hits and kills Coyotito. 4. What happens to the trackers? Kino kills the trackers. 5. What happens to Kino and Juana? They return to the village with their dead baby. 6.What do they do with the pearl? They throw it away. 7. What does the return of Kino and Juana and their throwing away the pearl mean symbolically? It means that Kino has given up his dream, his hope for a better future for himself and his family. He has lost in his conflicts with man and nature. It appears as though Juan Tomas w as right. Delving in- Answer all question in bold and choose any two to answer 1. Why does the music of the pearl change? The â€Å"Music of the pearl† changes when Kino thoughts and senses change about the pearl. 2. Why does Kino come to feel that he will lose his soul if he gives up the pearl?Kino comes to feel that he will lose his soul if he gives up the pearl. Kino thinks the pearl is his soul. Kino has become so obsessed with the pearl that nothing else matters. His soul and faith is to making his dream come true, of moving in to a upper class and his son having an education. His soul –has the pearl to make his dream come true. It is all that holds him to life and hold his great future of his desire. 3. Why does Tomas help Kino? Tomas help Kino because he cares for Kino and his family. Tomas want to protect them from danger. Also Tomas want help put less stress for family with the entire stressful problem that has come.Furthermore Tomas pity them for all going on . Lastly, it the culture to help your family member: who needs help. 4. Why does Juana feel the event s the following the pearl’s discovery may all have been an illusion? The pearl’s discovery may all have been an illusion. Juana understands the terrible cost of Kino's having found the Pearl of the World. For, it is an uncertain world in which they now live. The dream of a better life for his son using has become now only a dream that is dark, with evil hidden around them. But the pearl was thought to be all good didn’t come to the thought being bad.

Persuasive paper on video game violence Essay

Today’s youth live in a time where video games are a fixture of entertainment. Video game consoles are found in almost every home, including a child’s bedroom. I believe that the portrayal of violence in video games is not the reason for the increase of violent acts committed by and against youth. Parents and the government should understand it is not the fault of the game itself. Modern parents should be engaged in the messages their children are receiving from video games and the images they are allowing them to witness. Creating more laws and legislations surrounding the sale and content of video games will not provide the protection that parents think they will. I believe that parents who refuse to engage in the content their children are exposed to must educate themselves actively and be aware of what their children are observing when they play video games. They need to actively seek out information about the game and what types of content it contains before their children start to play. Parents should not solely rely on the rating provided by the Entertainment Software Rating Board (ESRB), an independent board that provides ratings to video games. Games with the rating of Everyone, or â€Å"E†, contain mild violence. According to a study from the Journal of the American Medical Association where 55 video games were played, â€Å"27 games (49%) depicted deaths from violence† (Thompson and Haninger). Parents who do not take the time to learn about a game first risk their children killing in the game that is rated for â€Å"Everyone†. Children need their parents to talk with them and explain that what they are seeing is not real and that violence like that is not appropriate behavior. A study by the American Psychological Association found that game players self-reported that â€Å"game playing was found to elicit more fear than anger, depressed feeling, or pleasant relaxation, and respectively; however it elicited more joy than fear† (Ravaja, Saari and Turpeinen). Desire to commit violence was not one of them. Parents also need to set clear boundaries on what is appropriate and what is not for their children, based on their own beliefs. The violence portrayed in video games exists without a call to action. The games do not command players to go outside of the game and commit the same acts. It is also not the duty of lawmakers to limit accessibility or ban content all together because they fear that the violence could incite an incident. The British Medical Journal originally published findings from the United Kingdom Millennium Cohort Study. The study was conducted over 10 years and included more than 11,000 children. It â€Å"did not find associations between electronic games use and conduct problems, which could reflect the lower exposure to games and/or greater parental restrictions on age-appropriate content for games† (Parkes, Sweeting and Wright). Parents should determine what is right for their children and what is not. The boundaries of every family are different and need to be enforced by the parents. The creators and retailers of video games often become the scapegoat for lawmakers and government officials when a violent act occurs that involves or is perpetrated by youth. Parents rely on their legislators to take up their causes and seek out laws that will promote their cause. Regulating video games on their behalf is one of those causes. Legislative bodies across the country are looking for ways to prevent incidences of violence, especially gun violence like what occurred in Sandy Hook Elementary in Newton, Connecticut and the movie theater in Aurora, Colorado. The state of New Jersey outlined a plan last year that included measures to limit and restrict how retailers merchandise games in retail outlets and would require parental consent for kids to purchase games rated â€Å"Mature† or â€Å"Adults Only† (Friedman). The state of Massachusetts also considered legislation that would assemble a group to â€Å"investigate the influence of violent video games and to find if there is a connection with real world violence† (GamePolitics Staff). However, these, and other laws being debated across the country, face a significant legal road block. Video game retailers already take precautions and preventative measures to keep certain games from being purchased by children and further regulation on a legal level is not needed. The Supreme Court heard Brown v. EMA, a case against California’s laws that restricted the sale of certain games to teenagers based on state’s determination that they were violent. The basis of the case came down to a First Amendment issue because California’s specifically singled out video games and no other form of media. The Court struck down California’s law and ruled â€Å"the games, like books and movies, are protected under the First Amendment’s guarantee of freedom of speech. The Supreme Court also said it found no convincing link between the games and real world violence† (Friedman). Justice Antonin Scalia stated, â€Å"Psychological studies purporting to show a connection between exposure to violent video games and harmful effects on children do not prove that such exposure causes minors to act aggressively† (Friedman). Regulation by the government is a clear-cut defense for parents who battle with their kids about certain games being purchased and played. It is easier to tell a child that they cannot have something because someone else restricts it and not because the parent forbids it. It means the child is not upset with the parent and diverts their displeasure. Parents do not have to be the â€Å"bad guy† because a law takes care of that for them. I have personally witnessed parents telling kids that they cannot purchase a particular game because it is too graphic or not for their age. Most of the children are less than pleased by the response and show it. I imagine most parents want to avoid that reaction from their child in a store. Creating legislation that the Supreme Court found infringes on the collective’s First Amendment rights or circumventing the current self-regulation of the video game retailers is not the solution. Today’s parents should stop seeking a solution for interference outside of their own decisions as a parent by increasing legislation on games. Parents to the next generation are severely taxed by the demands of day to day life. The one item that they cannot be relaxed about is the entertain they choose for their children. Buying a video game console and unleashing a child into the world of gaming is almost a rite of passage for parents, especially parents that grew up playing Super Mario Bros. It is unwise to do so without rules, boundaries, and some due diligence on their part. They should be educating themselves on the games and need to be reviewing game content information available from web sites like IGN. com. Parents should be supervising their kids playing the games that they may not be familiar with yet many do not. They should also be looking at what they can control in their own home, including utilizing parental control settings on the consoles themselves and restricting online and downloadable content. Parents should not lean on lawmakers to establish those confines for them nor does not lie in society’s hands. The ultimate responsibility lies with parents who are willing to unplug what video game content they do not want their child to play. Works Cited Friedman, Matt. â€Å"Game over? Christie’s plan to restrict video games would likely be overturned, experts say. † 24 April 2013. NJ. com. Web. 3 March 2014. GamePolitics Staff. Massachusetts State Senator Proposes Study on Violent Video Games. 14 November 2013. Web. 3 March 2014. Parkes, Alison, et al. â€Å"Do television and electronic games predict children’s psychosocial adjustment? Longitudinal research using the UK Millennium Cohort Study. † British Medical Journal (2013). Web. Ravaja, Niklas, et al. â€Å"The Psychophysiology of James Bond: Phasic Emotional Responses to Violent Video Game Events. † American Psychological Association (2008): Vol. 8, No. 1, 114-120. Thompson, ScD, Kimberly M. and Kevin Haninger. â€Å"Violence in E-Rated Video Games. † Journal of the American Medical Association (2001). Web.

Children speech and language development Essay

From the time of birth to three years, children’s brain known to grow quickly. This makes it very important for early intervention to treat autism disorder at this age. It needs a therapy hence during this age the children have not yet started going to school hence very available for this exercise. Also at this age children have less ingrained habits. This makes it easier to stop this behavior for it might turn to intractable once left for a long period. 2. The sharp rise may be because most mass media in most countries have no access to the right information. It is also because of people neglecting vaccines and its additive. There is a lot of mercury present in many vaccines and this accelerates the development of autism among children. Mercury is not only harmful but it is toxic to our brains. 3. Naturalistic this is because it orients the child to the practical world. The children learns from the environment in which they live in and also pass. In this case, students learn more on themselves and the environment as a whole. In so doing the children develop themselves as they interact with the rest of the world. The environmental contribution to children’s speech and language acquisition is put in to weight by analysists. Skinner (1957). 4. An effective intervention may have the following elements: â€Å"Child talk† communication pattern. They should be outgrown well to avoid bringing learning problems to the child. One should make sure that communication skills are learned by the child before she is five years old. this is the age when the brain is developing quickly. The involvement of a pathologists is very important to children with speech disorder. The child’s teacher should be aware of the best method to deliver the communication skills to the child during class time. The family of the child should also be involved during the development of objectives and methods of facilitating the most effective therapy. Counselors can be included for the suggestion of effective strategies which will assist in linking the several phases of development. The element of technology should be considered and the use of communication systems which mainly requires electronics. These are very important for people with physical l disabilities. Brise, A. (2000). 5. It is a bit difficult for for speech to be replaced by reading during learning English because People cannot wait to learn instead of making speech because it is easier to pass the required information without much struggle. Speech is also the first and the quickest thing to be learn even before children start attending schools. The skills needed to compensate for children with visual impairments are: tools use and using modifications. Tools like braille for communication are very important. Use of computers and adaptations for writing. 6. Some of the compensation required for visual impairment are using tools for example glasses, involving educational tasks for the children and providing opportunities that enable the students to interact with the environment. The teacher can also use large writings on the board and make use of recorded materials. The use of assistive technology is of importance especially during the writing practice. Leisure activities should also be provided to these people for the development of skills. Personal management should be allowed to visually impaired student who in order for them to judge their abilities and skills. This will assist them live independently. Social interactions should highly be considered to enable the children grow in a relationship world. This will assist them solve their problems for companionship purposes. Mobility of the students either through traveling or having picnics should be put into consideration for it will help them understand the world better they live better. 7. A child with impairment may it be health or physical, will always be isolated by the rest who are healthy and fit. This isolation leads to loneliness among the impairment children . They always lack partners to play with and to appreciate them. This in turn may lead to poor social development of the child. They often depend on themselves and only little assistance is received from their parents. Many people and communities see these people as a bad omen in the society and may look for any way to terminate them even before they reach the age of ten. Many people will look down upon them making them loss their self perception. This bad perception from many people on children with physical impairment should be avoided and instead introduction of homes to care for them be introduced. 8. Special curriculum should be provided for disabled people. Teaching practices should be of high class and clear discussions made. More concentration should be made on these people compared to those without special needs. 9. Bright students also require special education because this is a disability of a kind. They should never be mixed with the slow learners because they try to understand quickly to others. 10. Teachers should make sure that they organize a class discussion for all the students to participate in. this vigorous exercise will make all the student feel important and equal. The teacher should organize for a games while teaching or during break hours. This will make all participate and refresh them too. Community service is important to all. This will make the student serve the community they live in. Both local and international internships should be organized for disabled students this also make them feel part and parcel of the community. Lesson plan by the teachers should be available to all the learners. References. Skinner, D. (1957). Children speech and language development. Harvard university press. Brise, A. (2000). Communication disorders among the young people. Arlington.

Cost benefit analysis report Coursework Example | Topics and Well Written Essays - 2500 words

Cost benefit analysis report - Coursework Example By free wifi services, it means that the public should be in a position to access internet service while travelling. Since a great percent of the nation is learned, the government should come up with measures to help them access internet services. This will act in a way to improve knowledge in various market centers for those in business, schools or those planning to do business. The main situation on ground, is that majority of people in the country begin their days early to work and use public service vehicles. Many are usually bored because they all meet as strangers and find it difficult to start a conversation so as to break monotony and end up silent till they alight from the vehicles. The introduction of wifi will make passengers enjoy their commutation to work. Most people who use internet services are in business or in school. They need to discover new ways of increasing productivity and try beating the upcoming competition especially for those in business. Free wifi will allow most people after closing their businesses at the end of the day, be able to get new tips of improving their productivity on their way home. Cost benefit refers to, a systematic analysis that shows an approach in estimating the strengths and weaknesses of alternatives that make transactions, activities or functional requirements for business be considered to be of quality. Thus, David, Ngulube and Dude (2013), go ahead to explain that the technique is used to determine options that give the best approach for a business to be adopted and practiced. The benefits are looked in terms of lab our, time and saving costs. It will be practical to the free wifi that we are advocating for. In terms of time saving, the business persons will be able to get new tips on ways to improve attraction from customers without having to visit cyber cafes or areas where internet is available during their off days. It will be

Were Are You Going, Where Have You Been Article Example | Topics and Well Written Essays - 250 words

Were Are You Going, Where Have You Been - Article Example We all have the same ability to make our choices work in our favor. Fate does exist, but we are not entirely controlled by it. We may be tempted by fate, and there may be times when we do not think there is a way around it, but it can always be cheated. There is always a different route. As free-willed human beings, all it takes is for us to say yes or no to something, and it is done. If we do not like a specific situation, we have everything that we need to get out of the situation or to change it to our liking. When Connie gave up and went outside to Arnold Friend, she was letting herself be controlled by fate. Instead of giving in to Arnold, she could have gone back in the house and found other methods to seek help. Fate is not permanent. As human beings, we are stronger than we think we are. We have the ability to make choices in our lives and to change something that we do not like or agree with. If we allow life to happen without us intervening, fate begins to take its toll. The situation with Connie could have turned out much differently if she had only realized the personal strength and control that she possessed over her own

Performancemangement Essay Example | Topics and Well Written Essays - 2500 words

Performancemangement - Essay Example t hand and to keep with the competition, the company has taken up the decision to focus more on the new costing and pricing techniques to keep their focus on the customer and on maximization of the profit through cost reduction. The company uses the traditional costing methods to base the cost of their surgical equipments which are quite outdated and are therefore show a lesser profit as compared to the new costing methods which can help a company to maximize their profits. The traditional method used by the company does not focus on the reason for the occurrence of the cost i.e. whether the cost is directly linked with the production of the equipment or the cost is merely an overhead cost. (Exact Cost n.d.) Therefore, the cost is incorrectly charged to the product which decreases the profit margin for the company. It does not differentiate the cost on the basis of their use. As a certain material used in the production of equipment may be more costly than the other but is required in a limited quantity while the other may be cheaper but required in huge quantity. Costs cannot be properly allocated on the basis as to which department has provided the maximum amount of service to the particular department and the large amount of cost may be allocated to a department which has provided no service at all thus increasing the cost of that particular equipment. In contrast with the traditional costing methods which have certain deficiencies, a modern costing method can be used. This method is known as Activity Based Costing (ABC). Some points regarding this method are discussed in detail below: This method is based on the actual costing of a particular department as people who are connected to the department are involved in the costing process extract the data of cost to be allocated and allocate the cost to the production or service department as per the level of service provided. Since the costs are properly allocated to the respective departments in the

Effective hiring and firing, attracting the best candidates, reducing Essay

Effective hiring and firing, attracting the best candidates, reducing staff turnover and improving employee performance are fundamental management functions - Essay Example For getting on to this track of success and achievement, it is significant to understand that having the most sought after employees and workers in the market is necessary since they will give the most productivity in the toughest times possible. In an office place, there are certain instances when it is best to choose different people for the various jobs that are assigned in the working environment. This holds true for the rationale that a single person cannot and will not be able to do his work as well as the additional burden that is thrust upon him with zeal and enthusiasm. Hence the need of the hour is to understand that employees and workers need a manager to comprehend their shortcomings in the field of work and thus be assigned tasks and responsibilities in line with the same. It has been seen that at times, the top line personnel present in offices delegate jobs and assignments to their sub-ordinates without even thinking that the same might not be the correct manner and mode of action as to go about carrying out the tasks and responsibilities. They think that delegation would prosper a sense of getting more work within the sub-ordinates who themselves are pretty much occupied with their already assigned tasks and jobs. This is hence not the correct manner in which things should be done and hence a need has to be chalked out to ramify the very same problem. The best possible diversity that could be made in this regard is to appoint top line managers who understand the psyche of the people working under him or her or on the same level as his so that he or she can get a grasp as to what employees usually are best suited at and what they do not prefer under certain strenuous conditions in the office place environment. As a consequence, being able to do more work is definitely considered a plus and an added advantage for an employee but this should not, under any level, exceed his or

Write an exemplification essay on the qualities of an effective

Write an exemplification on the qualities of an effective teacher - Essay Example in class; they have to strengthen these qualities and, finally, work on developing the qualities that they do not have since these qualities may affect the learning process of their students. An effectual instructor has to be exceptionally well prepared. This ensures that the teacher’s work in preparation for class is done on time and in such a way that students will be able to understand what their teacher is discussing. Furthermore, the teacher will have to be able to teach his students in an organized manner, which means that they will get more from him than if he had not been well organized. The teacher will have to be able to anticipate the questions which his students are likely to ask after the discussion and will have to answer these questions effectively. Therefore, it is a fact that a well-organized teacher will be able to cover more with his/her students than a teacher not se well organized. A teacher has to be in every way supportive of his/her students. This leads to the development of trust between the teacher and the students, and due to this, the latter will be more receptive when in class. As stated above, every student has unique abilities and it is up to the teacher to encourage the development of these abilities to ensure that there is more diversity in class. In this way, students with different abilities will be able to share their knowledge with each other, and this will bring about richer learning environment. A teacher has to be persistent with his/her students. There are certain students who require a persistent teacher to develop interest in learning. It is, therefore, important that the teacher maintain his/her persistence in encouraging such students to take an active interest in their education even though such students may be stubborn. If such students need special help, then the teacher should be patient enough to provide such help or, if he/she cannot do this, then he/she should ask a person more suited for the task to do so.

How Important to Medieval Society Were the Religious Orders Essay

How Important to Medieval Society Were the Religious Orders - Essay Example However, the most striking feature of middle age is that people were organized in different religious groups known as religious orders. Some of the religious orders of this period include the crusades, Knights Templar, Benedictines, Franciscans, Dominicans, Augustinians, and Cistercians. This paper seeks to explore the importance of religious orders to the medieval society. The lives of people during the middle ages revolved around religion, especially the Catholic Church, which was the dominant church during the time. Accordingly, the Catholic Church was the only church in Europe. Therefore, all the laws and important roles in the government were left at the hands of the church leaders like bishops and archbishops. Research also indicates that the Pope had immense powers during this time to the extent that he could excommunicate a king for misdeed. As earlier stated, religion had a great influence on every aspects of human live during this period. However, people organized themselves around religious groups known as religious orders, which played an important role economically, socially, culturally and politically . The religious orders had profound impacts on the economy of Western Europe in the medieval era. Research indicates that the society of Western Europe in the medieval times were largely agrarian with a population consisting of tillers of land, which was the basis of wealth creation and political power. The manor was the basic unit of such a society. The manor in this case refers. to the agricultural land reserved to a lord. The manor mainly consisted of peasants whose main duty was to till the land for the lord’s benefit. However, since religion dictated how everything was to be done, lands where crops are grown were being cultivated in accordance with the three-land system5. The religious orders, especially the Benedictine played a leading role in ensuring that the society become food sufficient and economically stable. This is particularly evident with the Benedictine in the 12th century France, where the need to feed, clothe and house the monks increased the need to have a s table economy with enough food surplus, decent shelter and clothing. In this regard, the Benedictine monk ensured people ploughed land and engaged in productive activities to ensure that society has enough food.

Innovation and Change Essay Example | Topics and Well Written Essays - 3500 words

Innovation and Change - Essay Example Innovations are established from both the internal and the external environment. There is need for organizations to scan the environment constantly in order to determine the threats and opportunities. Different strategic approaches to management exist. These include environment led approach and the resource based view approach. Regardless of the extent of innovation, the need for new knowledge, new markets, and new employees will have significant impact on the organization Goffin and Mitchell (2005). Hence, change has to be considered when dealing with innovation. The advancement of technology in the 21st century has resulted in increased productions in organizations. Today, the economies of scale concerns have become irrelevant. Supply surpasses demand hence increased competition, and the requirement of enhanced continuous innovation. For successful innovation process, an organization has to establish appropriate structures, processes and culture. Through this the workforce, the par tners and the customers will know what is valuable to the organization. In the whole process of innovation, the organization will be forced to make difficult and complex changes. Innovation is defined as a process in which ideas are transformed in organizations into superior processes, products or services. This process involves new ideas or reforming the existing ones. Through this, organizations are able to successfully progress, compete and distinguish themselves in the market. Most successful organizations like Google have allowed the workforce to pursue their interest of creativity. The company has become more than a search engine through innovations such as Google maps. In the current markets where the patterns of production are changing, innovation is of great significance. In the Fordist and post-Fordist development path of learning economy, the global competition is based on the dynamic principle of competitive advantage. This relies on the exploitation of the available inp uts hence continual innovation is necessary. Organizations face increased international competition, increasing deregulation in industries, increased workforce diversity, decreasing product life cycles, rapid technologies evolvement in communication and information. Turbulence in environment has resulted in changes in the information age. In such an environment, organizations have to be innovative as they face different opportunities and challenges while trying to enhance the operations in existence (Burnes, 2004). Innovation is categorised into 4Ps namely, product, process, position and paradigm. Product refers to things that are physical, while process is the way things are done or delivered. The definition of products and processes is known as positioning. Paradigm refers to viewing the world in a new aspect and living in it. Industrial laboratory and the present call centre creation are considered as innovation processes. Positioning involves re-branding a product in existence a nd giving it a different identity. An example of positioning is the changes that took place on the Lucozade drink. Initially it was known be convalescents drink. Later it was transformed to be dynamic booster for wellbeing. Paradigm change is key radical innovation. It has substantial impact in a given society. An example of this is the steam engine created during industrial revolution. It was versatile, it drove; pumps in

Police System In Japan Essay Example for Free

Police System In Japan Essay In Japan, police system generally enjoy wide community support and respect. The system, so called keisatsu seido consists of approximately 220,000 police officers who are organized into prefectural forces coordinated and partially controlled by the National Police Agency in Tokyo. Concerning the historical development, during the Edo period we are talking about the years 1600 1868 here, the Tokugawa Shogunate ( the form of those days governing the country ) developed elaborate police system based on town magistrates who held samurai status and served as chiefs of police, prosecutors and criminal judges. The system was extended by citizens  ´s groups such as five-family associations ( gonin gumi ) . These groups were composed of neighbours, collectively liable to the government for the activities of their membership. After the Meiji Restoration in 1868, the main change in the whole Japanese history, the Home Ministry was established in 1873. With jurisdiction over the Police Bureau, it effectively controlled the police. This new, centralized police system had wide-ranging responsibilities, includng the authority to issue ordinances and handle quasi-judicial functions. It also regulated public health, factories, constructions, businesses and issued permits, licenses and orders. In 1911 the Special Higher Police was established to help control proscribed political activities. Later in 1928 it was strengthened with the introduction of the Peace Preservation Law. When the Sino-Japanese War began in 1937, the police were given the added responsibilities of regulating business activities for the war efforts, mobilizing labour and controlling transportatioon. Also regulation of publications, motion pictures, political meetings, and election campaigns came under police direction. After World War II, Japan as a defeated country was under strong pressure and influence mainly from the U.S., on all branches of life, including the police system. The National Diet the highest organ of state power was required to enact a new Police Law. This 1947 law abolished the previous  Home Ministry. It decentralized the system by establishing about 1,600 independent municipal police forces in all cities and towns with population of over 5,000 smaller communities. These were served by the newly created National Rural Police. General contol of the police was supposed to be ensured by the establishment of civilian public safety commissions. As to present structure, today the Japanese police system is based on prefectural units that are autonomous in daily operations yet are linked nationalwide under the National Police Agency. Prefectural police headquarters, including the Tokyo Metropolitan Police Department, control everyday police operations in each prefecture. In effect, the prefectures pay for the patrol man on the beat, traffic control over domestic security units, which are funded by the national government, as are the salaries of senior national and prefectural police officials. Prefectures are divided into districts, each with its own police station under direct control of prefectural police headquarters. There are about 1,250 of these police stations nationwide. Districts are further subdivided into jurisdictions of urban police boxes ( koban ) and rural residential police boxes ( chuzaisho). The mainstay of the Japanese police system is the uniformed patrol officer (omawari san ). The patrol officers supply the police boxes and patrol cars and comprised 40 percent of al incidents and crimes and then move them to the specialized units for further investigation. The sphere of police resposibilities remains broad. Besides solving ordinary crimes, criminal investigators establish the causes of fires and industrial accidents. Crime prevention police hold added responsibility for juveniles, businesses and the enforcement of special laws regulating gun and sword ownership, drugs, smuggling, prostitution, pornography and industrial pollution. Public safety commissions usually defer to police decisions. Police contact with the community is extended by the requirement that koban based police visit every home in their jurisdiction to gather information,  pass on suggestions regarding crime prevention and hear complaints. Neighbourhood crime prevention and traffic safety associations provide another link between police and community, further promoting extensive public involvement in law and order.

Electoral Systems Essay Example for Free

Electoral Systems Essay Critically evaluate the argument that electoral systems can produce effective (decisive) government, or representative government, but not both. New Zealand’s current electoral system is MMP or Mixed Member Proportional; this is the system which will be used to evaluate the question. A comparison of MMP and FPP or the First Past the Post system will also be included, since it is being debated as to which is better for New Zealand. MMP is an appropriately representative government which also creates a rather effective government at the same time. On the other hand FPP causes a seemingly effective government but is far less representative. Some electoral systems can create effective and representative government while others may not. This will be shown by; firstly detailing how these systems of governance compare under effectiveness and representativeness, followed by an explanation as to why electoral systems can be both effective and representative and why they cannot. For a government to be classified effective it must sufficiently achieve its objectives as a governing body. It also must create a strong impression on the community (dictionary. om, 2011). MMP tends to have a less efficient form of law making than FPP. Under MMP the major parties must form coalition governments with the smaller parties to form a fifty per cent majority over the house. These coalitions may cause a time delay in passing legislation, as the major supporter of the bill tries to convince their support parties to agree with the legislation. MMP may take time to make decision but this doesn’t mean that the government is less decisive although; Many people argue that proportional forms of government lead to a less decisive and durable government. Their argument is based on the fact that the decisions must gain the support of coalition parties which cause a lower quantity of bills passing. However it is not the quantity of laws which cause an effective government it is the quality. MMP due to its more timely approach to law making allows time for scrutiny within a bill meaning any flaws which lie dormant in a bill may be fixed before the legislation is passed. A contrast to this is FPP with its single party majority which works very efficiently to pass laws rapidly. This is because there is no need for a compromise with its support parties since none are required. The effect of this rapid law making ability gives the community a view of effectiveness however the validity of the laws has been compromised. The laws passed may be riddled with flaws which really show the government is un-effective as the laws have no real impression on the community. Effective government is based around three criteria government durability, decisional efficacy and responsiveness (Boston, Church Bale, 2003). From these three different terms of effective government we can see how different opinions on the idea of effective government can differ. For a government to be classified representative it must consist of many individuals who represent a variety of different constituencies (dictionary. com, 2011). Also there must be some form of diversity among the constituencies such as race or gender differentiation. (Royal Commission, 1986) MMP is a highly representative form of governance as it uses a two votes system; this allows minor party representatives to gain a seat in the house if they gain a majority vote among their constituents. The fact an MP has to win their constituency causes a close link to the electorate as they will more likely than not represent the major view of the region. This single MP vote allows the house to represent the community from a broader aspect while still having the majority party in power with the 2nd vote, the party vote. This causes a greater diversity among the house. When MMP was adopted â€Å"Maori representation increased from 5-7% to 16%† and â€Å"the number of women of women doubled to 34%† (Haddon, 2011). This increasing diversity has continued as the royal commission predicted. New Zealand’s house of parliament has become more representative and diverse as shown by the 39 women, 21 Maori, 4 Pacific Islanders, and 2 Asian MPs out of the 121 in the house (Elections Commission, 2006). Also under MMP campaign promises of minor parties tend to not get placed on the new government agenda. The minor parties must rely on negotiation with party leaders in order to get their main policies on the agenda or must wait for the bill to be drawn from the ballot box in parliament, which may never come. This causes a slight decrease in the diversification of the legislation passed. This lack of diversification can decrease the representativeness of the majority. However this does not decrease the overall representativeness of the government. The diversity of MMP is contrasted by FPPs system where there are only electorate votes so people tend to vote solely for the major parties that are likely to get into parliament. The winning party in a FPP election will get a proportionally larger share of the seats that its share of the votes this has the opposite effect for minority parties whom gain a lesser proportion of the seats that their votes. This lack of proportionality is a major flaw in representation as there is very little diversity among the house. Electoral systems can be both effective and representative, â€Å"The best voting system for any country will not be one which meets any of the criteria completely but will be one which provides the most satisfactory overall balance between them† (Royal Commission, 1986). Although systems cannot be highly representative and highly effective they still can be both. MMP shows this, it may not be highly efficient at creating effective legislation but it creates quality legislation which is effective governing. Also MMP shows its representativeness by having a largely diverse house of representatives but due to the need for coalitions loses some of the broader views of the minor parties. â€Å"A proliferation of minor parties actually increases stability and effectiveness† (â€Å"NRT on MMP threshold,† 2011). This shows how a representative government actually helps to form an effective government. The increase in the number of coalition majorities available will help to reduce the ability for any party to have strong bargaining power over another. This was shown in our most recent parliamentary election by ACT and the Maori party not having a large bargaining power with National as they both had possible coalitions with National. They were acting as a check on the other so neither gained an arbitrary power over Nationals decision. This allowed for national to make what they saw as the best decision. This shows that MMP is representative as well as being effective even if it is not top in each discipline. Many critics of MMP have agreed that MMP does lead to a government reflecting the views of New Zealander’s and supporters of MMP conceded to agreeing that it leads to a more unstable government which can infer that it may be not highly effective (Palmer Palmer, 2004). While FPP contrasts MMP it shows the opposite idea. It shows that there is a tension between effective and representative government. This tension causes a highly representative government to have a very low effectiveness and vice versa. The tension has large effect on how the government operates and this can put a strain on which system will be best. FPP shows how a system cannot be both effective and representative whereas MMP seems to have the balance between being both an effective form of governance while still being rather highly representative. My research has shown that MMP is both an effective form of government and a representative form of government. However it is neither the most representative nor the most effective. The research has identified that an electoral system can be both as I have explained above. This is not to say all electoral systems are. There are always going to be strengths and weaknesses to an electoral system and a compromise between effective and representative will always be required, FPP for example is much more effective than it is representative. The tension between these two disciplines will always have an effect on how the system operates and which system is best suited to the situation. FPP is clearly a system which cannot be both while MMP is the perfect example of a system of governance which is both representative and effective.

Obesity in Childhood

Obesity in Childhood PREVENTION OF OBESITY IN CHILDHOOD Introduction In this assignment I will endeavour to tackle the prevention of obesity in childhood as an aspect of health promotion. The rationale of choosing this topic is that obesity and overweight increase the risk of contracting world killer diseases such as heart disease, cancer and diabetes .The prevalence of obesity in United Kingdom and other countries and the cost to National Health Service and economy will be looked into. An analysis of the behavioural change model and how it relates to health promotion initiatives will be discussed. The role of a nurse and other professionals with regards to heath education and health promotion will be highlighted. What is health The World Health Organisation (WHO 1986)defines health as a state of complete physical ,mental and social well being and not just the absence of disease and infirmity. Forster (2002) confirms that health is generally seen in terms of people being ill or well but indicates that this is a simplistic view, as being well or ill are not entirely separate notions but in fact overlap to some degree. Forster(2002) while concurring with the definition of health as provided by the WHO (1986) adds that this definition provides a positive view of health and suggest that health fluctuates over time along a continuum, good and poor health appearing at opposite poles of the continuum. Ewles and Simnett(2003) also suggest that health is determined by many factors such as Physical health, body function, Societal health living accomodation ,employment status , Spiritual health, religious beliefs and moral values or behaviours, Social health being able to sustain relationships and make friends, Emotional health the ability to cope with depression, stress and anxiety. Therefore an individuals health position along this continuum is variable but no distinct demarcation line between health and ill health exists. With regards to the definition given it is argued that health professionals interventions should focus on helping the clients ,individuals, families and communities to gain health related knowledge, attitudes and practice associated towards achieving certain behaviours. Obesity and associated problems.Obesity is a condition of excess body fat associated with increased risks such as diabetes, cardiovascular and other common diseases (Beebe 2008) and (Campbell and Haslam 2005). Like smoking eating is a complex combination of behaviour driven by social and psychological factors as well as biological compulsion (Croghan and Johnson 2005).They went on to say that people eat fast food because it is socially accepted. For example some fast foods have high fat and high sugar content and people tend to overeat them because they are the most palatable and provide pleasure. The prevention and management of obesity has been a national governmental policy for a number of years according to the Chief Medical Officer,s Annual Report 2002,(DoH 2003).Obesity has been highlighted as a health time bomb and seen as a challenge for the government as a whole (DoH 2003).The World Health Organisation,(WHO 1998) has described obesity as a global epidemic as evidenced by the growing trends in most developed countries. Obesity in childhood carries health risks in both short and long term. Marshall et al (2003) agreed with Bond et al (2004) that obesity has been recognized as a major health problem as it is linked to number of diseases such as hypertension, cardiovascular diseases and diabetes .Obesity is known as a major risk factor in the development of many diseases such as arthritis of weight –bearing joints, gastro esophageal reflux, sleep apnea and certain types of cancer,(Bond et al 2004).Therefore obesity can influence physical, intellectual ,emotional and social development influencing childhood .It is for the above reason that long term eating and exercise habits need to be promoted in health and stop obesity in childhood years. Primary care should play a leading role in obesity management and prevention. The above statement is supported by the document Choosing Health ;Making Healthier Choices Easier (DoH 2004) which identified primary care as crucial to the provision of services f or overweight and obese clients. Obesity is associated with many illnesses and is directly related to increased mortality and lower life expectancy. Tackling obesity is a government wide priority .Obesity was one the key areas highlighted in the governments white paper that needed reform and the plan to meet this target was that each primary trust should have a specialist obesity service with the clients have able to access to a dietician and able to receive advice and support on changing behaviour (DoH 2004) Possible causes of Obesity .A study by Mulvihill and Quigley (2003) has revealed that age, education, social class and prosperity have an important influence on the risk of becoming obese. Muller et al (1999) suggest that unhealthy eating habits are associated with overweight in children, they went on to say that overweight is linked with coming from a low socio-economic background, suggesting that these families should be a primary target for awareness and prevention campaigns. The figures released by the National Child Measurement programme are deeply disturbing.   The fact that 22.9% of children in year one in primary school are overweight or obese surely indicates that measuring the BMI of children should begin much earlier (National Obesity Forum 2008). How childhood obesity in England compares with other countries and the implications to the NHS and ecomony The 2002 review of the white paper (Health of the nation) target for obesity was just 6 per cent for 1992. A continuing rising trend in obesity to 2010 is predicted, when one-fifth of boys and more than one-fifth of girls will be obese,(King Fund 2007) . More recently the Munich Declaration(WHO 2000) recognized that actions need to be increased to enhance the roles of nurses and midwives in public health, health promotion and community participation. Irvine (2005) reported that in United Kingdom there has been corresponding growth in emphasis on health promotion in primary care. For example the liberating the talents policy document for England (DoH 2002) identifies the involvement of nurses in public health, health protection and health promotion as one of three core functions for nurses. In the United States the problem of obesity and overweight is a growing concern and the prevalence has nearly tripled during the past decade. The economic cost is approximately 117billion dollars annually taking into account hospitalization and the lost workdays,(Sitzman 2003)In Australlia the child obesity has increased dramatically and the contributing factors include the availability of affordable energy –dense food supply and sweetened beverages that are marketed aggressively. The studies by (Kaplan and Wadden 1986) cited (Joanna Briggs Institute 2008) has shown that obesity also causes adverse psychosocial problem such as bullying, discrimination and in older children and adolescent and low self esteem. The reduction of physical activities such as walking or cycling to school and an increase in computer and electronic games has compounded the problem (Joanna Briggs Institute 2008).Simillarly a study by Jebb(2005)has revealed that obesity and overweight continues to be a serious public health problem as it is rooted in three main areas such as excess food ,absences of controlling food behaviour and lack of physi cal activity. However the studies by ( Dietz and Robinson 2005,Kirk et al 2005 and Reilly 2006) cited by (Joanna Briggs Institute 2008) has evidence that indicates that a combination of dietary intervention, behavioural therapy and exercise will have significant impact on weight reduction in overweight and obesity children. In England the rates of obesity have increased dramatically over the last decade and if no action is not taken one in five children aged will be obese by 2010 (DoH 2003)The prevalence of obesity and overweight has a substantial human cost and serious financial consequences for the National Health Service (NHS) and the economy .In 1998 over 18 million days of sickness were attributed to obesity and the total cost of obesity was 2.6 billon (National Audit Office 2001). In order to tackle the growing problem of obesity, the then Public Minister of Health Tessa Jowell set in motion a wide ranging plan of action (DoH 1999) cited by White and Pettifer (2007) which included the follow ing; Healthy school programme, living centres to be established , safe and sound challenge, to increase activity levels in children and to increase information for public ,so that they can make informed choices. The Choosing Health White Paper (DoH 2004) demonstrated this shift towards this awareness with two of the overarching principles of the policy being reducing obesity and improving diet, nutrition and increasing exercise. Role of a nurse in health promotion Health promotion is at the forefront of healthcare and the teaching role of the nurse is more important than ever (Rush et al 2005). Whitehead(2004) agreed that nurses impart healthcare related information that influences values, beliefs attitudes and motivations. It is for this reason that nurses in primary care play a pivotal role in the management of obesity. Encouraging people to change their attitude towards a health issue is an important part of any health education programme (Clark 1999). Health promotion is a process by which the ecologically-driven socio-political- economic determinants of health are addressed as they impact on individuals and the communities within which they interact (Whitehead 2004).In agreement with Whitehead (2004) , Tones and Tilford (2001) viewed health promotion as political advocacy which is aimed at representing the underprivileged sections of society by helping them to redress the imbalances in power. The WHO( 1986) also viewed health promotion as a mechanism to enhance health and to prevent ill health in order to maintain and impose better lifestyles. Health education is an activity that seeks to inform the individual on the nature and causes of health/illness and that individuals personal level of risk associated with their lifestyle related behaviour (Whitehead 2004).He further states that health education seeks to motivate an individual to accept a process of behavioural-change through directly influencing their value, belief and attitude systems . However, Quinn (2001) argues that although health education is vital for health promotion ,the nurse must acknowledge that having the knowledge does not guarantee that people will implement healthy choices and a change in behaviour. To reduce obesity nurses can engage with young people for instance routinely measuring children s height and weight in order to obtain their body mass index (BMI),to establish the level of obesity. BMI is an accepted measure of obesity and is calculated as ratio of weight to weight, using the formula :BMI =weight in kilograms/height in square meters (Hump hrey Beebe 2008).The National Institute for Health and Excellence (NICE 2006) and The Centers for Disease Control and Prevention’s ( CDC 2006) guidelines define those with a BMI between 25 and 29.9 as overweight and those with 30 and over to be obese. There are several approaches that health care professional can implement to tackle obesity in childhood. For example the interventions and strategies can be targeted at the whole population ,individuals who are at risk , children and people with mental health problems. The House of Commons Health Committee’s recommendation (2004) that all children should have their BMI measured annually at school and that the results should be sent home to their parents or carers with appropriate advice. If fully implemented it would amount to full scale population level health screening programme that is cost effective. Health promotion is a vast subject with a variety of theories, models and approaches. Piper (2005) identified, the three models in health promotion frameworks that a nurse or midwife as behaviour change agent, the midwife or a nurse as empowerment facilitator ,nurse as strategic practitioner. Nurses as facilitators of self –help and promoters of positive health , are key to initiating change in this area (Croghan 2005).The nurses are ideally placed to adopt a public health role and can identify health needs as they are in regular and close contact with individual, families , communities and other health and social bodies (Jack and Holt 2008). The above models involve the midwives or nurses working with individual and the focus is on intervention. According to Ewles and Simnett (2003) there are fives approaches to health promotion namely the medical , behaviour change , educational , client centred and societal change. The model by Ewles and Simnett (2003) identify the needs and priorities by setting the aims objectives and decide on the best way of achieving the aims by identify the resources ,plan and evaluate the methods ,set an action plan. In tackling obesity in children the medical approach would include the monitoring of the BMI. The medical approach is a reactive and opportunistic process and is adopted where the client has an existing condition or illness (Whitehead 2004) and (Ewles and Simnett 2003).The medical approach promotes medical interventions from professionals to prevent or reduce ill health and this requires the individuals to comply with preventative medical procedures. The educational approach provides individuals with knowledge and information thereby enabling them to make informed decisions and choices about their lifestyles. For example the educational approach would include teaching the children about the importance of nutrition and exercise. The behavioural change approach is targeted at the individuals ability to change their attitude and behaviour in order to adopt a healthier lifestyle. However the behaviour change theory suggests that change will not occur until the individual is ready (Kopelman and Dietz 2005).The client-centred approach takes on the idea that people should act on their own problems. It helps client to identify what they want to know and act on them. The approach aims to empower the client. The societal approach aims to effect changes on the physical ,social , and economic environment to make it more conducive to good health (Ewles and Simnett 2003).Whitehead (2004) states that health education is an activity that seeks to inform the individual on the nature and causes of health or illness and that the individuals personal level of risk associated with their lifestyle related behaviour. The approach and aim of health promotion is to focus on changing the behaviour towards a healthier lifestyle. The stages of changes in health promotion developed by Prochaska and Di Clemente (1983)cited by Croghan (2005) are Precontemplation, contemplation, prepara tion, action , maintenance and relapse. This model shows the process through which people travel to change addictive behaviour.. During the precontemplation stage the individuals are not thinking about making any change in their lifestyle. Not all clients are a stage in their life where they want to make a lifestyle behaviour change (Croghan 2005).The clients may not be aware that there is a problem and could be resistant to making changes. Contemplation is a point where the individual may be aware that there is a problem and at this stage they are weighing up the costs and benefits of change. Simillarly the Cognitive dissonance theory Festinger (1957) cited by Clark (1999) is a state of tension that occurs when an individuals beliefs are at odds with their behaviours .The cognitive dissonance is viewed as a motivational state as it enables the individual to bring the behaviour in line with beliefs such as binge eating and may change attitude towards it (Clark 1999).Croghan and Johnson (2005) agreed with the above that the support package should begin with an assessment of client s readiness and motivation to change. Preparation is where the client becomes aware that the perceived benefits of change outweigh the costs, change is possible and small behavioural changes may occur. The Knowledge Attitude-Behaviour Model (KAB) proposes that as people acquire knowledge in nutrition and health areas, their attitudes change. Changes in attitude will then lead to changes in behaviours (Contento 2007). The next stage is where the individual takes action to change their behaviour and will lead to the maintenance stage where the new habits become established and the individual sustains the change in behaviour and moves on to a healthier lifestyle. The NICE guidlines (2006) came up with a Obesity Intervention Pyramid aimed at tackling obesity for all children. It starts by adopting a whole school approach by addressing the levels of overweight and obesity in school children. If children are encouraged to become healthier eaters the interventions are more likely to succeed if it is applied as a whole and monitored daily. This done by ensuring that the schools promote a culture where staff, pupils and parents or carers are encouraged to help each other to adopt a healthier lifestyle. The schools are advised to emphasise the importance of a balanced diet .A pictorial form of the balanced diet identifies those foods and drinks that should be consumed regularly and those that are high in sugar, fat and salt that should be limited. Physical activity in schools should be encouraged such as participate in sport and physical education(PE). Walking ,cycling, scooting and walk initiatives should be encouraged. This will reduce traffic outside the school thereby promoting healthy lifestyles. Avoid the blame culture that stigmatises those who are obese and overweight. Always stress the positive such as be healthy, get active, feel better and enjoy being active. The Health Schools Programme approach involves parents and carers since they are the main influence on their children lifestyle .Parents and carers are important role models for children and can help them to stay healthy (NICE 2006).The school based activity should involve General Practioners (GP),Paediatricians ,School nurses, Dietacian and other health professionals. The behavioural programme uses the behaviour change techniques such as self-monitoring ,goal setting, positive enforcement, stimulus control and relapse prevention. BENEFITS AND BARRIERS AND WHAT HAS CHANGED .The benefits of engaging the children are improved health, concentration and behaviour. Nurses must identify potential barriers to participation in health promotion and intervene to reduce those barriers such as (Padula et al 2006) Conclusion Obesity is a problem that plagues millions of people, and can be considered an epidemic. Social changes and the increase in fast food corporations are leading to an escalation in obesity. Diet companies are profiting from the unhealthy habits of individuals and creating a false sense of relief. The rise in obesity is a social inclination, and needs to be seen as more of a health issue, and not as a counter-culture way of life. With a decrease in obesity, our country will become more active, and current obese people will have a new found sense of heightened self-esteem

Lycidas: Poetry and Death Essay -- Milton Lycidas Essays

Lycidas: Poetry and Death  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚        Ã‚  Ã‚   Living in a period of important religious and cultural flux, John Milton's poetry reflects the many influences he found both in history and in the contemporary world. With a vast knowledge of literature from the classical world of Greek and Roman culture, Milton often looked back to more ancient times as a means of enriching his works. At other times, however, he relies on his strong Christian beliefs for creating spiritually compelling themes and deeply religious imagery. Despite the seemingly conflicting nature of these two polarized sources of inspiration, Milton somehow found a way of bridging the gap between a pagan and a Christian world, often weaving them together into one overpowering story. The pastoral elegy Lycidas, written after the death of a fellow student at Cambridge, exemplifies this mastery over ancient and contemporary traditions in its transition from a pagan to a Christian context. Opening the poem in a setting rich with mythological figures and scen ery, then deliberately moving into a distinctly Christian setting, Milton touches upon two personally relevant issues: poetry and Christian redemption. In this way, Lycidas both addresses the subject of being a poet in a life doomed by death and at the same time shows the triumphant glory of a Christian life, one in which even the demise of the poet himself holds brighter promises of eternal heavenly joy. Confronted with the drowning of contemporary Cambridge student and fellow poet Edward King in 1637, John Milton faced the daunting subject of making sense of an existence that inevitably culminates in the ultimate destruction of human life. As M. H. Abrams states in his prefatory notes to Lycidas, Milton took part... ...hes, David. "A Study of Literature." Milton's Lycidas: The Tradition and the Poem. Ed. C. A. Patrides. Columbia, Missouri: University of Missouri Press, 1983. 92-110. Hanford, James H. "The Pastoral Elegy and Milton's Lycidas." Milton's Lycidas: The Tradition and the Poem. Ed. C. A. Patrides. Columbia, Missouri: University of Missouri Press, 1983. 31-59. MacCaffrey, Isabel G. "Lycidas: The Poet in a Landscape." Milton's Lycidas: The Tradition and the Poem. Ed. C. A. Patrides. Columbia, Missouri: University of Missouri Press, 1983. 246-66. Milton, John. "Lycidas." The Norton Anthology of English Literature. Ed. M. H. Abrams. 6th ed. New York: W. W. Norton & Company, 1996. 646-51. Tayler, Edward W. "Lycidas in Christian Time." Milton's Lycidas: The Tradition and the Poem. Ed. C. A. Patrides. Columbia, Missouri: University of Missouri Press, 1983. 303-18.

Northern and Middle Colonies :: American America History

Northern and Middle Colonies When the northern and middle colonies were founded, England had a strong hold over the colonies. They controlled development and the government, among other things. But as the colonies developed, they began to have an ever-growing sense of independence that was a threat to its English rulers. As a result of this England went through much trouble in constantly trying to regain full control of the colonies. Early in the Development of Massachusetts and the other New England colonies, the government of England had paid little attention to the colonies due to civil strife back at home. This neglect gave the colonies a somewhat independent feel. When Charles II came back to power in England, he decided to take a more active role in the English colonies of North America and stop the defiance of royal rule that was taking place. His first action was to give a charter to both Rhode Island and Connecticut, squatter settlements, which was a slap in the face to the colony of Massachusetts, which was, according to Charles II, ignoring royal rule. In 1684, as a show of power, Charles II revoked the charter of Massachusetts. The next action taken by England was the creation of the Dominion of New England. The primary purpose of the Domination of New England was too promote the English Navigation Laws which were not being followed. The Navigation Laws were meant to stop trade with non-English ruled countries. Another purpose of the Domination was to defend the colonies in case of attack by Native Americans in the area. The Domination of New England was very harsh in its rule. Headed by Sir Edmund Andros, he limited town meetings and put restrictions on such precious things as the courts, press, and schools. The Domination continued its rule, much to the dismay of the citizens, until the Glorious Revolution in 1688-1689. When the news of this revolution reached New England the Domination was immediately deteriorated. And Andros was sent back to England. Just when the New Englanders thought they had retained the freedom they previously had, when Massachusetts was made a royal colony and given a new charter. More English officials, judges, and clerks were sent to Massachusetts, many of who was not ft to hold the professions they were given. This greatly outraged the citizens of Massachusetts and further imposed their need for freedom.

Lysistrata :: essays research papers

Lysistrata “There is no beast as shameless as a woman'; Aristophanes was a craft comedy poet in the fourth century B.C. during the time of the Peloponnesian War. Aristophanes’ usual style was to be satirical, and suggesting the eccentric. The most absurd and humorous of Aristophanes’ comedies are those in which the main characters, the heroes of the story, are women. Smart women. One of the most famous of Aristophanes’ comedies portraying powerfully capable women is Lysistrata, named after the female lead character of the play. It depicts Athenian Lysistrata and the women of Athens teaming up with the women of Sparta to force their husbands to conclude the Peloponnesian War. The play is a comedy, which appears to be written for the amusement of men. The play can be seen as a historical reference to ancient Greece, but it seems highly unlikely that women would talk with such a crude sexual tone. Instead Lysistrata is strictly a satirical play written maybe even to make men doubt the innocence of a woman. If women were such beasts as Euripides stated then would women have managed to seize the Acropolis, and prevented the men from squandering them further on the war. Euripides might have referred to the vulgarity of the women’s thoughts and language: “It’s a sair thing, the dear knows, for a woman tae sleep alone wi’oot a prick – but we maun do it, for the sake of peace'; The language of the women is, as mentioned earlier, strictly for the humor. For Euripides to make such a quote seems rather incorrect. It is to a certain extent the men who are the shameless beasts who beat their wives and fight senseless wars.   Ã‚  Ã‚  Ã‚  Ã‚  Lysistrata, on the contrary shows women acting bravely and even aggressively against men who seem resolved on ruining the city- state by prolonging a pointless and excessively expending reserves stored in the Acropolis. The men being away at war would come home when they could, sexually relieve them selves and then leave again to precede a meaningless war. The women challenge the masculine role model to preserve traditional way of life in the community. When the women become challenged themselves they take on the masculine characteristics and defeat the men physically, mentally but primarily strategically. Proving that neither side benefits from it, just that one side loses more than the other. It gives the impression that the women are heroes and the men are ignorant, which contradicts what Euripides said but is chiefly written to entertain.

Legal Implicaiotn of human resource management Essay

A union is an organization of workers, acting collectively, seeking to promote and protect its mutual interests through collective bargaining. However, before we can examine the activities surrounding the collective bargaining process, it is important to understand the laws that govern the labor-management process, what unions are and how employees unionize. Although the current percentage of the workforce that is unionized has declined steadily, there are still many employees who feel that the workforce is primed for a positive response by employees to a new effort in organizing. The main reasons for union organizing are: higher wages and benefits, greater job security, influence over work rules, compulsory membership and being upset with management. Among various reasons why employees join a union, we see one common factor: management, specially the first-line supervisor. If employees are upset with the way their supervisor handles problems, upset over how a coworker has been disciplines, and so on, they are likely to seek help from a union. In fact, it is reasonable to believe that when employees vote to unionize, it’s often a vote against their immediate supervisor rather than a vote in support of particular union. CASE: In the provided case, the employees are upset with company since employer rolled out its plan to organize employees into teams, change job titles, work assignments and the pay structure. Beside that employees were told â€Å"this is how it will be. † I am working as the top HR Manager and have to deal with this situation. First of all I would learn some basic legal implications of union organizing. The legal framework for labor-management relationships has played a crucial role in its development. There are two important laws that have shaped much of the labor relations process. Wagner Act: Also knows as the National Labor Relations Act of 1935, this act gave employees that right to form and join unions and to engage in collective bargaining. The Wagner Act is cited a shifting the pendulum of power to favor unions for the first time in U. S labor history. This was achieved, in part, through the establishment of National Labor Relations Board (NLRB). The Wager Act provided the legal recognition of unions as legitimate interest groups in American society, but many employers opposed its purposes. Some employers, too, failed to live up to the requirements of its provisions. Thus, the belief that the balance of power had swung too far to labor’s side, and the public outcry stemming from post-World War II strikes, led to passage of the Taft-Hartley Act (Labor- Management Relations Act) in 1947. The Taft-Hartley Act: Amended the Wagner Act by addressing employers’ concerns in terms of specifying unfair union labor practices. Realizing that unions and employers might not reach agreement and that work stoppages might occur, Taft-Hartley also created the Federal Mediation and Conciliation Service (FMCS) as an independent agency separate from the Department of Labor. FMCS is a government agency that assists Labor and management in settling disputes. The Wagner and Taft-Hartley Acts were the most important laws influencing labor-management relationships in the United States, but there are other laws that influence the labor organizing. Specifically, these are the Railway Labor Act; the Land rum Griffin Act; Executive Orders 10988 and 11491; the Racketeer Influenced and Corrupt Organizations Act of 1970; and the Civil Service Reform Act of 1978. The Civil Rights Act of 1964 (discussed in previous module) is as relevant to labor organizations as it is to management. Title VII of the act is focused on this subject. In the provided case, it seems like there is already union getting into shape. The labor laws do permit us as HR Manager to defend ourselves against the union campaign, but we must do it properly. I would follow the following guidelines of what to do and what not to do during the organizing drive. * If your employees ask for your opinion on unionization (as my supervisor is asking me this question), should respond in a natural manner. For example, â€Å"I really have no position on the issue. Do what you think is best. * You can prohibit union-organizing activates in your workplace during work hours only if they interfere with work operation. This may apply to the organization’s e-mail, too. * You can prohibit outside union organizers from distributing union information in the workplace. * Employees have the right to distribute union information to other employees during breaks and lunch periods. * Don’t question employees publicly or privately about union-organizing activities- for example, â€Å"Are you planning to go to that union rally this weekend? but if an employee freely tells you about the activities, you may listen. * Don’t spy on employees’ union activities, for example, by standing in the cafeteria to see who is distributing pro-union literature. * Don’t make any threats or promises related to the possibility of unionization. For example, â€Å"If this union effort succeeds, upper management is seriously thinking about closing down this plant, but if it’s defeated, they may push through an immediate wage increase. * Don’t discriminate against any employee who is involved in the unionization effort. Be on eh lookout for efforts by the union to coerce employees to join its ranks. This activity by unions is an unfair labor practice. If you see this occurring, report to your boss or to HR. Company might slow want to consider filing a complaint against the union with NLRB. Keeping all the above points checked, I will also keep in mind that union organizing drives may or may not be successful, but when they do achieve their goal to become the exclusive bargaining age, the next step is to negotiate the contract or demands. Now, I’ll get myself ready along with my first line supervisors, for the next expected step: collective bargaining. This typically refers to the negotiation, administration, and interpretation of a written agreement between two parties that covers a specific period of time. This agreement, or contract, lays out in specific terms the conditions of employment that is, what is expected of employees and any limits to management’s authority. Although collective bargaining is mostly used in public sectors, however it is also common in private sector. My employees are upset because of three months old change; based on my supervisor’s comments I assume that union has been certified; I might come up with a new set of interpretation of this change between my management and employees. I will make sure that my management and the union must negotiate in good faith over these issues. I would follow the following collective bargaining process outline in order to resolve these issues: Preparing to Negotiate: Once a union has been certified as the bargaining unit, both union and management begin the ongoing activity of preparing for negotiations. We can consider the preparation for negotiation as composed of three activities: fact gathering, goal setting, and strategy development. Information is acquired from both internal and external sources. With all the collection of this background information in hand, and tentative goals established both union and management must put together the most difficult part of the bargaining preparation activities, a strategy for negotiations. This includes assessing the other side’s power and specific tactics. Negotiating at the Bargaining Table: Negotiation customarily begins with the union delivering to management a list of â€Å"demands. † By presenting many demands, the union creates significant room for trading in later stages of the negotiation; it also disguises the union’s real position, leaving management to determine which demands are adamantly sought, which are moderately sought, and which the union is prepared to quickly abandon. Real negotiations typically go on behind closed doors, each party tries to assess the relative priorities of the other’s demands, and each begins to combine proposals into viable packages. Next comes the attempt to make management’s highest offer approximate the lowest demands that the union is willing to accept. Contract Administration: Once a contract is agreed upon and ratified, it must be administered. Contract administration involves four stages: (1) dissemination the agreements to all union members and mangers; (2) implementing the contract: (3) interpreting the contract and grievance resolution: and (4) monitoring activities during the contract period. Providing information to all concerned requires both parties to ensure that changes in contract language are spelled out. The stage of contract administration is ensuring that the agreement is implemented. All communicated changes now take effect, and both sides are expected to comply with the contract terms. The most important element of contract administration relates to spelling out a procedure for handling contractual disputes. These contracts have provisions for resolving specific, formally initiated grievances by employees concerning dissatisfaction with job-related issues. As an HR Manager for a company with 1500 employees, who are quite upset with our management and are unionizing, I have tried to come up with a plan to resolve this issue. First of all, I gathered the legal data in this respect, I proposed some guidelines to avoid unionizing and last, I have discussed the plan in detail to resolve the issue in provided case. I would like to comment that although historically, the relationship between labor and management was built on conflict and the nterests of labor and management were seen as basically at odds-each treating the other as the opposition. But times have somewhat changes. Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower costs require employee involvement and commitment. Similarly, some labor unions have recognized that they can help their members more by cooperating with management rather than fighting them which is quite positive for both management and employees.

Aspect Of Contract And Negligence For Business

Abstract This paper is focused on providing information about important principles of contract and negligence for business. The first part of the paper discusses the specificity of contract law by emphasising details from two case studies: East Midlands Airways Airbus and a case of the supply of mobile phones. The second part of the paper provides information about principles of tort law, as initially liability in tort is contrasted with contractual liability. The emphasis in the second part is on negligence for business, with reference to the case study of King’s Restaurant and a case involving Angelina and Christian Auctioneers.IntroductionIn the area of law, numerous aspects should be given importance. The issue of contract and negligence for business has received substantial attention in the field of legal practice. This paper is divided into two major parts covering issues from contract law and tort law (Elliott and Quinn, 2003). In the first part of the paper, the focus is on ide ntifying major elements for the formation of a valid contract as well as assessing the impacts of different types of contracts. There are two main case studies involved, respectively East Midlands Airways Airbus and the supply of mobile phones. In the part on tort law, liability in tort is contrasted with contractual liability through providing relevant examples from a case study of King’s Restaurant and a case of Angelina and Christian Auctioneers (Horsey and Rackley, 2011).Contract LawLegal ElementsIn the case study of East Midlands Airways (EMA) Airbus, it is important to identify essential legal elements for the formation of a valid contract. There are certain major elements that indicate the legal bonding of the contract. They should be thoroughly considered as part of contributing to the validity of the contract (Poole, 2012). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this c ase, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of ?100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay ?100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012).Impacts of Different Ty pes of ContractWhen discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012).Case Study of EMAIn the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five days. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most lik ely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay ?100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012).Implications regarding the Supply of Mobile PhonesThe only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement establish ed between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013).Law of TortLiability in Tort and Contractual LiabilityWhile discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law repres ents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012).Case Study of King’s RestaurantIn an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was establ ished in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liability, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997).Case Study of Angelina and Christian AuctioneersIn this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to w hich an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party was relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock & Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fu rthermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only ?100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014).Possible Defences Available to Christian AuctioneersThere could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing pr ofessional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information.ConclusionThis paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liabili ty. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. 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