Wednesday, December 25, 2019

Discipline is Not Abuse Essay - 860 Words

Many people today are getting arrested for simply disciplining a child. But, in older times disciplining a child set good moral standards and taught that child on what that child was supposed to do and what not to do. There is a fine line between abuse and discipline. So what is child abuse? Child abuse consists of any act of commission or omission that endangers or impairs a child’s physical or emotional health and development. Child abuse includes any damage done to a child which cannot be reasonably explained and which is often represented by an injury or series of injuries appearing to be non-accidental in nature. There are also different kinds of child abuse; which include physical, emotional, and sexual. But, discipline does not†¦show more content†¦This is a very effective way to discipline a child because this helps that child be a responsible family member and citizen of the society (Bugwadia). Discipline also leads to more respect from the child. When children are disciplined at home, those children tend to be respectful towards others. Those children say respectful things like good morning, please, thank you, etc. Also, discipline instills appropriate behavior. When a parent disciplines their child for poor behavior, he or she learns about what behavior is acceptable. According to an article in the journal Pediatrics and Child Health, â€Å"Discipline can foster appropriate behavior in children, teaching them how to interact with others, when to postpone pleasure and how to tolerate discomfort† (Carpenter). With effective child discipline, that child will be respectful his or her whole life. For example, if a child borrows something from their parents, the parents car or jacket, and doesn’t return it either with a full tank or washed, than next time when they ask, the answer will be no. Next time around they are going to respect the parents and the parentsà ¢â‚¬â„¢ things if that child wants access to the parents’ belongings, they are going to return it the way they found it (Radzka). Discipline also builds a healthy relationship between the child and the parents. Children need to feel a sense of security at home. In a secure home environment, a child feels protected and isShow MoreRelatedIs It Child Abuse Or Discipline?1436 Words   |  6 PagesIs It Child Abuse or Discipline? Child abuse viewed in the form of discipline is a growing epidemic that affects both the child in the present and can also damage them emotionally or physically in the future. The line between child abuse and discipline may seem obvious to most people, but where is the line actually drawn? Child abuse is anything that emotionally or physically endangers/impairs a child’s well-being, whereas discipline is correcting a behavior in a manner that helps the child’s growthRead MoreIs Discipline A Child Abuse?969 Words   |  4 PagesIs Discipline Child Abuse? What does the word child abuse mean in your own words? Some people believe child abuse includes neglect, punishment, physical or emotional maltreatment. Child abuse is all over the world. Every day a child is either abused or neglected. Since the late 1900’s child abuse was commonly used in the United States (Gale). Now it is slowly coming to its ending point. Since 1992, only two states, Delaware and Oklahoma, have experienced consistent increases today. Is disciplineRead MoreAbuse vs Discipline2041 Words   |  9 PagesBlake Moss Abuse Versus Discipline A mother spanks her child in a public parking lot. While a nearby citizen watches in horror and begins to dial 911. Is this wrong? Does the mother have authority to do this to her own child? Who gets to decide how the mother disciplines her child? Why here? These are the questions that come across the mind of todays society. Most people would agree that the child did something â€Å"wrong,† but opinion collide on how the mother should discipline the child. ParentsRead MoreEssay on Abuse and Proper Discipline1226 Words   |  5 PagesCharlene Hennig Professor Hinton ENC 1101-59961 August 28, 2014 I have experienced many things in my life. All of my life experiences have affected me in different ways. Some experiences were good and some were not. The physical abuse I experienced by my father was the most impactful experience. A parent is supposed to create a safe, stable, and loving home. Instead my father created a home of fear, instability, and inconsistency. This affected my behavior in school, and how I reactRead MoreChild Abuse And Child Discipline925 Words   |  4 Pageschild abuse and child discipline. Abuse is any action that intentionally harms or injures another person. Discipline is punishment that is intended to correct or train. Some parents do not see the harm in their form of discipline, but others may view it as abuse. It may not be the parent’s intention to harm their child but it is something that occurs. â€Å"In 2012, state agencies found an estimate 686,000 of child maltreatment.† .*(*Kids Count) Every year more than 3 million r eports of child abuse areRead MoreParental Discipline And Child Abuse1809 Words   |  8 Pagesdisrespectful, etc. This is also known as parental discipline. Although it may not seem like it there is a clear boundary separating parental discipline from child abuse. Parental discipline is intended for the betterment of the child, while child abuse is for the parent or guardian s sick, demented pleasure. This clarification allows discussion to begin concerning the main point. Even though it could be seen as abusive in the eyes of the public, parental discipline is necessary for a child to become moreRead MorePosition Paper- Child Abuse and Discipline1181 Words   |  5 PagesPARENTAL DISCIPLINE AND ABUSE Parental discipline and child abuse are among the most controversial topics currently, and they cause serious problems for children in the United States. Child abuse essentially focuses on the child’s bad behaviors and gives the child emotional and physical harms. Forms of abuse include spanking, hitting, saying negative things and corporal punishment. In fact, parental discipline is a much more appropriate way of dealing with negative behavior than using abusiveRead MoreThe Difference Between Child Abuse And Discipline1200 Words   |  5 Pages Do you know the difference between child abuse and discipline? Child Abuse is when someone physically and mentally hurts another person. Discipline is teaching someone or something to do the right thing. Child Abuse is very common in the United States. Many children suffer from bruising, swelling skin, and broken bones. Situations like this happen because of problems at home or personal problems. Parents at home abuse their children because of drinking and depression issues. In this crazy worldRead MoreDiscipline And Abuse By Ray Rice And Adrian Peterson972 Words   |  4 PagesDiscipline or Abuse? A Thin Line Revealed A thin line exists between discipline and abuse, but where is it drawn? Ray Rice and Adrian Peterson are two individuals who might have just crossed it. Most people agree that Ray Rice, who punched his fiancee in the face, knocking her out cold, committed a crime. How is it, then, that when Adrian Peterson whips his four-year-old son with a switch, it is considered an â€Å"acceptable† form of discipline? Throughout this essay, I wish to explore how people oftenRead MoreDiscipline And Abuse By Ray Rice And Adrian Peterson972 Words   |  4 Pages Discipline or Abuse? A Thin Line Revealed A thin line exists between discipline and abuse, but where is it drawn? Ray Rice and Adrian Peterson are two individuals who might have just crossed it. Most people agree that Ray Rice, who punched his fiancee in the face knocking her out cold, committed a crime. How is it then, that when Adrian Peterson whips his four-year-old son with a switch, it is considered an â€Å"acceptable† form of discipline? Throughout this essay, I wish to explore how people

Tuesday, December 17, 2019

The use of torture has become a prominent matter of...

The use of torture has become a prominent matter of dispute as we enter an age of the global war on terror. The debate on whether it has become morally permissible to torture terrorists is argued by many as the legitimacy of such actions are brought into question in a world where global terror is outstanding. With the use of the ticking time bomb scenario, some make a desirable case that in special circumstances, there is a right to torture individuals implicated is acts of mass violence. Yet many would still argue that there are an array of inconsistencies hidden within the ticking bomb scenario and there are no circumstances where torture can be morally permissible, no matter what the consequences may hold. The ticking time bomb†¦show more content†¦Like most people who debate the use of torture in global war, Krauthammer agrees that in general interrogation methods it cannot be justified but believes that the ticking time bomb scenario is the only exception to this justification. Even then he states that it is an issue that should involve highly specialised individuals who are experts in torture techniques and interrogation. (Krauthammer, 2005:4) If we legitimise torture by means of specialised and trained individuals in the ticking bomb scenario, is he suggesting that we train people to commit these acts in the way that we gain the crucial information without inflicting fatal injury? It would be argued then, that Krauthammers specialised group of individuals with the knowledge in torture would create a type of torture culture in society and would not only make torture morally permissible in the scenario, but legitimise its use completely. (Luban, 2005:1446) Krauthammers idea of limiting torture techniques to specialised individuals and creating a torture culture conflicts significantly with the right of torturing individuals in extreme circumstances. A torture culture built upon teaching becomes a form of practice and with that, the activity of torture becomes a socially organised affair. It becomes a legitimate exercise and in reference to the ticking time bomb scenario, insinuates the normalisation of torture and a torture culture. (Luban, 2005:1445-46) David Luban claims thatShow MoreRelatedOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 Pages Agricultural and Pastoral Societies in Ancient and Classical History Jack Metzgar, Striking Steel: Solidarity Remembered Janis Appier, Policing Women: The Sexual Politics of Law Enforcement and the LAPD Allen Hunter, ed., Rethinking the Cold War Eric Foner, ed., The New American History. Revised and Expanded Edition E SSAYS ON _ T WENTIETH- C ENTURY H ISTORY Edited by Michael Adas for the American Historical Association TEMPLE UNIVERSITY PRESS PHILADELPHIA TempleRead MoreInternational Management67196 Words   |  269 PagesHodgetts A Pioneer in International Management Education iii This page intentionally left blank Preface C hanges in the global business environment continue unabated. The global financial crisis and economic recession have challenged some assumptions about globalization and economic integration, but they have also underscored the interconnected nature of global economies. Most countries and regions around the world are inextricably linked, yet profound differences in institutional and culturalRead MoreLogical Reasoning189930 Words   |  760 Pagesattribute the work in the manner specified by the author, namely by citing his name, the book title, and the relevant page numbers (but not in any way that suggests that the book Logical Reasoning or its author endorse you or your use of the work). (2) Noncommercial You may not use this work for commercial purposes (for example, by inserting passages into a book that is sold to students). (3) No Derivative Works You may not alter, transform, or build upon this work. An earlier version of the book was

Monday, December 9, 2019

Collateral Contracts and Contractual Promises MyAssignmenthelp.com

Question: Discuss about the Collateral Contracts and Contractual Promises. Answer: Introduction With regards to the issue of promissory estoppel and the collateral contracts, under the common law of contract, a landmark decision was given in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26. This decision is very crucial with regards to the commercial leases, as it defines how the two principles of collateral contracts and promissory estoppels can be applied in the pre contractual negotiations and the manner in which, a defense can or cannot be taken, on the basis of these two principles. Initially, in this case, it was held by the Victorian Civil and Administrative Tribunal that the statements which were made in this case by the Crown, resulted in a collateral contract being established. And due to the presence of a collateral contract, the Crown was obligated to renew the terms of the lease, which had been breached by it. This was followed by an appeal in Supreme Court of Victoria, which stated that there was an absence on the statement being promissory in nature, which is a requirement to establish a collateral contract. And they also stated that if a contract was formed on these bases, the same would be void, as well as, illusory due to the uncertainty in the statement made. However, a final verdict was made in this case by the High Court, where the majority of them held that the statement could not be held to have given rise to a collateral statement, and there was also an absence of a valid claim for estoppel. An emphasis was made by the High Court that for claiming an estoppel, there was a necessity of the representation being unambiguous, clear and precise. The given case study is based on this very case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd. And so, the principles on which this case is based, along with the case presented by each side, have been covered below, with the two parties being Bertini and Garland. A precise statement regarding the definition of collateral contract is a separate contract, the existence of which is based on the main contract being drawn. In general, it can be defined as a single term contract, in which the contractual terms are based on the original or the main contract (Stone and Devenney 2015, p. 192). In the case of Heilbut Symons Co v Buckleton [1913] AC 30, it was stated by Lord Moulton that a collateral contract would be defined as a promise, which falls short in being a segment of a main contract and the enforceability of the same is attained through drawing a collateral contract. A collateral contract can be evidenced on the basis of principle and on the basis of authority. And it is such a contract for which, the consideration is made in another contract or the main contract. The collateral agreement is complementary to the main contract, yet, it has an autonomous existence, and there is no doubt towards the full character or the status of the same being a legally valid contract (Swarb 2017a). Hence, a collateral contract is one through which, the parties under a specific contract come together and form a new contract, where the terms of this new contract/ collateral contract is a matter incidental to the original contract. In case the main contract ceases to exist or is absent, the existence of the collateral contract also ends. Hence, even though the collateral contract is autonomous and separate, it remains as a supplement to the main contract drawn (Barrett 2009, p. 63). Majorly, two conditions have to be fulfilled in order to form a collateral contract. The first one relates to the fact that the collateral contract has to be consistent with the original contract. And the second issue is that the same has to be promissory in nature. In case both of these conditions are fulfilled in a contract, the same is deemed as a collateral contract and is enforceable in a lawful manner. And a claim can be brought forward in a Court regarding the same. The collateral contract has to be enforceable as being a part of the original contract, in addition to the same being a separate contract, which relates to the initial contract (Bailey 2016, p. 2793). There are broadly four elements of a collateral contract. The first element is that it has to be in a promissory nature. The second one is that there has to be a presence of promise, which comes after a statement. The third element relates to having a consistency amongst the original and the subsequently drawn contract. And the last element is that all the essential elements of a contract, i.e., offer and acceptance, intention, clarity, consideration and capacity have to be present in such a collateral contract (Russell 2012, p. 38). A complementary requirement, along with these four elements is that the statement which is made under this collateral contract has to be such, which induces the party into going forward with the originally drawn contract (Furst and Ramsey 2015, p. 192). In the case of Evans Sons Ltd v Andrea Merzario Ltd [1976] 1 WLR 1078, it was held by Lord Denning MR that when a person forwards a promise or an assurance to some other person, and where the intention is to take action on it through forming a contract, the collateral contract in such cases is held is binding and holds the parties in a legal relationship (Swarb 2017b). De Lasalle v Guildford (1901) 2 KB 215 helps in providing clarity regarding the requirement of the main contract and collateral contract being consistent (University of the South Pacific 2017). Under the quoted matter, negotiations took place amongst the contracting parties, which related to the lease of a house, and this was done by a letter being sent. The tenant applied for assurances from the landlord, regarding ensuring that the drain was in good and proper order and this assurance was sought even before the contract was signed. The terms of the lease were affirmed between the contractual parties. The tenant did not let the landlord conclude the deal till such time period where the landlord gave the assurance to the tenant, as per which the drain was stated as being in a proper order. This assurance, in this case, was taken to be a collateral contract. The landlord claimed that the drain was in a proper order, even though in reality, the same lacked order. The court established that the representation which was made in this case by the landlord, pertaining to the condition of the drain being proper, had to be considered as being a warranty. Further, this representation was a collateral contract to the lease, as being the original contract. The reason for this stems from the fact that a term, or a promise, which was not a term of the main/ original contract, had to be enforced through the collateral contract, made through the representation (Swarb 2017c). There is one more case law, i.e., the case of Hoyt's Pty Ltd v Spencer (1919) 27 CLR 133, which helps in clarifying that the collateral contract has to be consistent with the main contract (Gibson and Fraser 2014, p. 487). Under the quoted matter, the building of the landlord was sublet from Spencer to Hoyts. One of the terms in the sublease provided that there was a requirement of four weeks notice in advance and in writing in case the lease had to be terminated by Spencer and the same could be done at any time, provided this condition was fulfilled. A verbal agreement was attained between the parties regarding the lease to not be terminated by Spencer, till the same it was given to the landlord. Even though none of the conditions stated above were satisfied, Spencer terminated the sublease. Hoyts made a claim before the Court that a collateral contract was formed in this case, due to the ensuing assurances. However, the claims made by Hoyts were quashed by the court as a result of the inconsistency between the collateral and the main contract (Jade 2017a). Apart from the elements of the collateral contract, the individual who formulates a collateral contract has to establish that the contract was formed in the main contract, and not as per the representation of it being a collateral contract. And that the same is made in consideration of the original or the main contract (McFarlane, Hopkins and Nield 2012, p. 203). The case of J J Savage and Sons Pty Ltd v Blakney [1970] HCA 6 helps in attaining clarity on the promissory nature of the statement made for the collateral contract. In this particular matter, a boat was purchased from J J by Blakney. As per one of the letters which was written by J J, the engine of the particular boat had the ability of attaining the maximum speed. However, Blakney came to know later that that engine of the boat was a lot slower when compared to the letter written by J J. This discovery came in a little too late, after the deal was completed. As a result of this, Blakney initiated legal actions against J J for the breach, which took place of the collateral contract (Jade 2017b). In this case, it was stated by the High Court that the letter which was sent by J J to Blakney contained only an opinion and there was no representation in the same. And so, the same could not be claimed by Blakney, as it was just a requirement of the contract. If Blakney had to take it as the base of a collateral contract, he should have inserted the boats speed as being one of the specifications in the terms of contract drawn between the two. Along with these, Blakney should have satisfied himself about the magnitude or the value which would have been deemed as the maximum speed of the engine of the boat on his part. So, the claim of Blakney regarding the collateral contract in this case, due to the lack of clarity in the terms, and an opinion was made drawn instead of a representation (Australian Contract Law 2017). One of the applicable principles under the common law of contract is the promissory estoppel. Under this doctrine, the law can enforce a promise which has been made, even in such situations where the promise is made without a formal consideration. Though, for the applicability of this doctrine, it has to be shown that a promise was made, and that the promisee relied upon the promise made by the promisor and which ultimately proved to be detrimental for such a promisee (Helewitz 2007, p. 91). This doctrine stems from the need of stopping the promisor from undertaking such a contention that the promise which has been made, should not be upheld in a lawful matter or that the same should not be enforced. This doctrine helps the aggrieved party in making a recovery, due to the promise made. It is to be noted that the reliance is required to be made on the basis of reasonable matter, so that a claim can be held under the doctrine of promissory estoppel, along with the same being detrimenta l in nature for the promisee (Blum 2007, p. 207). In the case of Waltons Stores (Interstate) Ltd v Maher (1988) 76 ALR 513, the plaintiff made a representation that they wanted to replace one of the buildings, which was owned by the defendant. Relying upon this particular representation made by the plaintiff, the defendant demolished that building that was there and initiated the construction of a brand new building. A question was raised in this matter, regarding whether or not the plaintiff could be estopped from saying no to the contract, which was not yet brought into existence. The court held that this claim could be allowed for the reasons of the powers of equity to intervene for the protection of non-contractual assurances (Webstroke Law 2014). Moreover, the High Court of Australia believed that it was unconscionable on part of the party to maintain their silence and stand without saying anything, when they were aware of the fact that the other party was proceeding on the presumption that a binding agreement had been drawn (S warb 2016d). And so, through the use of promissory estoppel, the party can be stopped from making a back turn on the promise made by them, and the one which is unsupported through a consideration. For establishing this doctrine, certain things have to be present, which include a pre-existential lawful obligation or a legal contract, which is later on amended and there needs to be clearness and clarity in the promise, there also has to be change of position and last but not the least, the same is to be considered as inequitable, through which, the promisor has the power of making a back turn on the issue of the promise (E-Law Resources 2017a). The inception point of this doctrine lies in the case dating back to 1940s, under the matter of Central London Property Trust Ltd v High Trees Ltd [1947] KB 130. The same was initiated by Denning J as the orbiter statement in this case (E-Law Resources 2017a). In this particular matter, the defendant leased a certain block of flats from the plaintiff and the price for these blocks was affixed as a ground rent of 2,500. This lease was taken in the year of 1937, which was a war period and these were new block of flats back then. A lot of difficulty was faced being faced by the defendant for getting full number of tenants for the available flats for rent. And due to the vacancy in the flats, the defendant could not make any profits as the ground rent still had to be paid by them. Till 1940, due to the period of war, the situation seemed to be at a standstill for the defendant. Hence, both of the parties agreed that the rent would be reduced at half, till the time the war period was over . This was got in writing by the parties. And till the period of 1941, the defendant paid reduced amount of rent to the plaintiff. When the war ended, and the flats became fully occupied, the plaintiff made an application to the defendant to restore the originally agreed upon ground rent. It was held in this case that the plaintiff was stopped from recovering the rent for the reduced period due to the applicability of this principle. And so, the plaintiff could not make a back turn on the promise they made, even in absence of valid consideration, for the subsequent agreement (E-Law Resources 2017b). The remedies which can be attained in case of a collateral contract being breached are same as the case of violating the normal contract. So, an individual can apply for penal damages, whereby monetary compensation is awarded for the breaching the contract, to the aggrieved party by the breaching party (Latimer 2012, p. 469). The aggrieved party can also apply, depending upon the case, for getting the contract rescinded, or stopping the breaching party from doing something by getting an injunction order or by attaining an order for specific performance through which the breaching party is ordered to carry out certain activity (Clarke 2016). Whether a successful claim can be made by Bertini with regards to a collateral contract being formed, along with the applicability of promissory estoppel, which gives rise to the available remedies, or not? The given scenario depict that a case can easily be made by Bertini as per the issue revolving around the concept of collateral contract. Here, the lease would be deemed as the main contract and for the same, a lot of negotiations underwent on part of both the parties. The outcome of these negotiations was the terms of the contract being finalized as being a period of five years. Though, one statement was made in this case by Garland, whereby he mentioned that the lease should be signed by Bertini as per the negotiations taken place and should also refurbish the restaurant as per the levels desired by him, before a major global level event took place in Melbourne. In this statement he stated that Garland would look after Bertini when the renewal time would be due (Jade 2017c). The statement made by Garland here forms the base of a collateral agreement. This can be stated due to the presence of all the requisite elements of the collateral contract through this very statement. In the given case study, the statement which has been made by Garland has a nature of being promissory as it promises to look after Bertini at a certain point of time in future. Other than this, there is an apparent consistency between the lease agreement and the collateral statement made. The reason for consistency is that both of these are related and because the time lines of both these contracts are synchronized, whereby at the end of first contract, the collateral contract would be applied. So, when the period of five years would end for the lease agreement, the taking care of Bertini through the collateral contract would begin (Jade 2017c). There was an obvious reliance on part of Bertini regarding the promise which was made being a collateral contract. Bertini genuinely believed that he would be taken care of at the end of the lease period and so he undertook the refurbishment expenses, which were very high in value as they amounted to $2 million. He would not have undertaken this expense, if he did not believe that the lease would be extended. Moreover, due to the extension of the lease term to a further period of five years, he had a chance of gaining $200,000 as the value of ordinary profits and $100,000 as the value of exceptional profits, as a result of the lucrative deals/ offers, which he got for the expected renewal of the lease period (Freeman 2016). This shows the presence of the elements required to be present for establishing a case of promissory estoppel also. Even though there was a shortfall of a consideration, as being one of the elements in every legally binding contract, the same is not required due to this very principle of promissory estoppel, in the same manner as was established in the case of Central London Property Trust Ltd v High Trees Ltd. In the quoted case, there was a lack of consideration and still the court estopped the defendant from making a back turn on the undertaken promise. Hence, using his principle of promissory estoppel, Garland can be easily stopped by Bertini on taking a walk back on his words spoken while making the promise or the drawn collateral contract. Another point which helps in establishing that a collateral contract was indeed made was the point that this representation made by Garland induced Bertini into entering into the main contract for the lease of five years. He always wanted to enter a ten year lease but believed in the statement made by Garland. And as all the elements required forming a contract and a collateral contract were clearly present in this case, Garland can be estopped from violating the statement which was made by him. To conclude, Bertini can easily attain the help of issues which are borne out of the two concepts of promissory estoppel and collateral contract. In this case, Garland had made certain representation, which gave rise to the collateral contract. As per this representation, Garland owes an obligation to Bertini to make an offer as per the terms desired by Bertini, i.e., for a further period of 5 years. So, when this matter would be raised before the appropriate authority, the claims of Bertini would be upheld and he would be awarded a suitable amount of damages, in addition to an interest on the same. However due to the lack of clarity in this matter regarding to the statement, attaining an order for getting Garland to enter into an extended lease as per the terms desired by Bertini is difficult (High Court of Australia 2016). Whether a successful defense can be established by Garland with regards to a collateral contract being formed, along with the applicability of promissory estoppel, which gives rise to the available remedies, or not? As a claim has been made by Bertini regarding the statement being a collateral contract, the same has to be proved as wrong for establishing defense for Garland, and after that only the applicability of the principle of promissory estoppel is to be contested. In case it can be established that a collateral contract was not present in this case, the entire case can be wrapped up. For making such a decision, the view which a reasonable individual would have, needs to be considered (Corrs Chambers Westgarth 2016). If the circumstances were presented before a reasonable individual in similar situation, a view would have been formed by such a reasonable individual that Bertini would have been taken care of when the time of the renewal of the five year lease came. However, such an individual would not make an interpretation that the statement of Garland was a binding contractual obligation for another period of five years lease upon the expiry of original lease period. This is because there is lack in clarity in what can be deemed as taking care of. There is also a chance of the claim failing on the basis of promissory estoppel. This is because of an absence of establishing that Garland was stopped from withdrawing the lawful relation, which is a requirement for establishing a case of promissory estoppel (Kent 2016). Another issue in this case relates to the assurances which were given to Bertini by his landlord Garland, due to the lease period being extended due to the applicability of estoppel. And that if an enforceable contract was actually formed between these two, when the period of the lease expired, whereby Bertini had to be granted a new lease on the desired terms of Bertini and which corresponded to the terms of the originally drawn lease (Time Base 2016). The most that can be done is considering that the statement which was made was a representation and that it failed to give rise to an estoppel. There is also clear evidence which depicts that garland had no notion of renewing the lease as he had explicitly denied a ten year lease and did not budge on the requests made by Bertini (Clarke, 2016). This was done to have uniformity with the other tenants of Garland. Hence, this expectation on part of Bertini that the lease would be extended was completely baseless. A reasonable person would not have made such a view point (Australasian Legal Information Institute 2016). This was coupled with a lack of clarity in the statement made by Garland based on the case of J J Savage and Sons Pty Ltd v Blakney. The level of taking care or on what basis Bertini would have been taken care of was never stated. Hence, this statement was vague and was also incomplete. Nothing in this statement suggested an extension of the term period of the lease and so, the promise could not be enforced (Doyles Construction Lawyers 2014). Conclusion To conclude, there is a clear lack of both of the principles in this case. Hence, the contentions of Bertini cannot be carried forward. The statement made could not be deemed as a base for promissory estoppel or the same as being a collateral contract due to the ambiguity in it. This statement was just encouraging in nature and could not be used as being a base for the claims made by Bertini under the two principles (Boys and Thorpe 2016). Hence, a successful defense can be established by Garland due to lack of both of the principles of promissory estoppel and collateral contract. References Australasian Legal Information Institute 2016, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26 (20 July 2016), retrieved 01 May 2017, https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2016/26.html?stem=0synonyms=0query=Cosmopolitan%20Hotel Australian Contract Law 2017, JJ Savage v Blakney (1970) 119 CLR 435, High Court of Australia, retrieved 01 May 2017, https://www.australiancontractlaw.com/cases/savage.html Bailey, J 2016, Construction Work, 2nd edn, Routledge, Oxon. Barrett, K 2009, Defective Construction Work, Blackwell Publishing, West Sussex, UK. Blum, BA 2007, Contracts: Examples Explanations, 4th edn, Aspen Publishers, New York. Boys, T and Thorpe, W 2016, New High Court case: Landlords promise to renew leases does not give rise to collateral contract or promissory estoppel, retrieved 01 May 2017, https://www.holdingredlich.com/dispute-resolution-litigation/new-high-court-case-landlord-s-promise-to-renew-leases-does-not-give-rise-to-collateral-contract-or-promissory-estoppel Clark, M 2016, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd, retrieved 01 May 2017, https://blogs.unimelb.edu.au/opinionsonhigh/2016/07/20/crown-case-page/ Clarke, P 2016, Remedies for Breach of Contract, retrieved 01 May 2017, https://www.legalmatch.com/law-library/article/breach-of-contract-equitable-remedies.html Corrs Chambers Westgarth 2016, Consequences of Vague Encouragement In Commercial Negotiations, retrieved 01 May 2017, https://www.corrs.com.au/publications/tgif/consequences-of-vague-encouragement-in-commercial-negotiations/ Doyles Construction Lawyers 2014, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd Anor [2013] VSC 614, retrieved 01 May 2017, https://www.mosaicprojects.com.au/casewatch/1138_Crown-v-Cosmopolitan_Hotel.pdf E-Law Resources 2017a, Promissory estoppel, retrieved 01 May 2017, https://e-lawresources.co.uk/Promissory-estoppel.php E-Law Resources 2017b, Central London Property Trust v High Trees House [1947] KB 130 High Court, retrieved 01 May 2017, https://e-lawresources.co.uk/Central-London-Property-Trust-v-High-Trees-House.php Freeman, I 2016, Collateral contracts and contractual promises: Clarification from the High Court, retrieved 01 May 2017, https://www.lavan.com.au/advice/collateral_contracts_contractual_promises_clarification_from_high_court Furst, S and Ramsey, V 2015, Keating on Construction Contracts, 9th edn, Sweet Maxwell, London. Gibson, A and Fraser, D 2014, Business Law 2014, Pearson Australia, Frenchs Forest, NSW, Australia. Helewitz, JA 2007, Basic Contract Law for Paralegals, 5th edn, Aspen Publishers, New York. High Court of Australia 2017, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd, retrieved 01 May 2017, https://eresources.hcourt.gov.au/downloadPdf/2016/HCA/26 Jade 2017a, Hoyt's Pty Ltd v Spencer, retrieved 01 May 2017, https://jade.io/j/?a=outlineid=62816 Jade 2017b, J J Savage and Sons Pty Ltd v Blakney, retrieved 01 May 2017, https://jade.io/j/?a=outlineid=66237 Jade 2017c, Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26; 90 ALJR 770, retrieved 01 May 2017, https://jade.io/article/484545 Kent, C 2016, A closer look at Crown Melbourne v Cosmopolitan Hotel HC decision, retrieved 01 May 2017, https://www.wolterskluwercentral.com.au/legal/conveyancing/closer-look-crown-melbourne-v-cosmopolitan-hotel-hc-decision/ Latimer, P 2012, Australian Business Law 2012, 31st edn, Sydney, CCH Australia Limited, Sydney, NSW. McFarlane, Hopkins and Nield 2012, Land Law: Text, Cases, and Materials, 2nd edn, Oxford University Press, Oxford. Russell, CA 2012, Opinion Writing In Contract Law, Cavendish Publishing Limited, London. Stone, R and Devenney, J 2015, The Modern Law of Contract, 11th edn, Routledge, Oxon. Swarb 2017a, Heilbut Symons and Co v Buckleton: HL 11 Nov 1912, retrieved 01 May 2017, https://swarb.co.uk/heilbut-symons-and-co-v-buckleton-hl-11-nov-1912/ Swarb 2017b, Evans and Son (Portsmouth) Ltd v Andrea Merzario Ltd: CA 1976, retrieved 01 May 2017, https://swarb.co.uk/evans-and-son-portsmouth-ltd-v-andrea-merzario-ltd-ca-1976/ Swarb 2017c, De Lasalle v Guildford: CA 1901, retrieved 01 May 2017, https://swarb.co.uk/de-lasalle-v-guildford-ca-1901/ Swarb 2017c, Walton Stores (Interstate) Limited v Maher: 1988, retrieved 02 May 2017, https://swarb.co.uk/walton-stores-interstate-limited-v-maher-1988/ Time Base 2016, Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd: "Collateral Contract" "Promissory Estoppel", retrieved 01 May 2017, https://www.timebase.com.au/news/2016/AT277-article.html University of the South Pacific 2017, Oral Statements, retrieved 01 May 2017, https://www.vanuatu.usp.ac.fj/courses/LA201E_Law_of_Contract_1/LA201E_topic8_unit1.htm Webstroke Law 2014, Waltons Stores Ltd v Maher [1988], retrieved 02 May 2017, https://webstroke.co.uk/law/cases/waltons-stores-ltd-v-maher-1988

Monday, December 2, 2019

Inherent Risk free essay sample

Inherent risk Computerizing risk Non-routine transactions (Beasley 2010, p268) ‘Transactions that are unusual for the client are more likely than routine transactions to be incorrectly recorded, because of the client often lacks experience in recording them. ’ Why it is risk: Santos use a series of computerizing or IT technology to support their business for increase market competition. IT technology has been used for trade ordering systems between customs and Santos. Customers can order or purchase goods online. Therefore, non-routine transactions might occur if customers not familiar with the computerizing system. What’s more, Computerizing system would always make the same mistake, if the system has not designed properly. Thus, It might also contain some misstatement of transactions or increase opportunities that the transaction record incorrectly, such as , some of sales transactions might record in ‘other income’ due to computerizing system design mistake. Misstatement of sales account would lead to estimate wrong actual profit at the end of financial year, thus it contain risks to estimate wrong also affect the Evidence: Make sure that the computerizing system had been designed properly; review the computerizing system to identify whether there are some mistakes. We will write a custom essay sample on Inherent Risk or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Investigate sales account and other income account, identify whether every transaction has been recorded correctly. Management risk Factors related to fraudulent financial reporting and misappropriation of assets (ASA 240 incentives/pressures) Adverse relationship between the entity and employees with access to cash or other assets susceptible to the theft may motivate those employees to misappropriate those assets, for xample: promotions, compensation, or other rewards inconsistent with expectations. Management and weaknesses in internal control may be present when misstatement due to either fraudulent financial reporting or misappropriation. Why it is risk (ASA240 ) Asset misstatement or been record incorrectly due to motivation that theft could benefit from it. Weak management of internal environment would lead to fraud or misstatement happened by personal motivation.

Tuesday, November 26, 2019

When Jargon Fails

When Jargon Fails When Jargon Fails When Jargon Fails By Mark Nichol Jargon has its purposes. In content pertaining to popular culture, when employing slang to engage readers and other consumers of entertaining information, concise and/or colorful slang enlivens the experience. But in writing about business and technology, jargon can encumber rather than enhance comprehension, and writers should take care to use it judiciously. Consider this sentence: â€Å"What ‘black boxes’ for validation and/or testing exist in the organization?† This sentence has a couple of problems. First, why is â€Å"black boxes† enclosed in quotation marks? Evidently, the writer erroneously believes that doing so helps signal to the reader that the phrase â€Å"black boxes† is jargon being used figuratively; unless youre referring to those little plastic cubes that hold paper clips, no object that can be described as an actual black box exists in the organization, and these marks supposedly serve as a disclaimer. But quotation marks are superfluous for this purpose; they are useful for calling out ironic or specious wording, like pacification in the context of war, but not for emphasizing metaphoric usage of words and phrases. Furthermore, however, is the phrase even useful? Think about various examples of figurative jargon employed in business contexts: Talk about planting a seed, or restraining a loose cannon, or starting over with a clean slate, and colleagues will know what you’re talking about- its clear from the context that gardening, artillery, and chalkboards are not under discussion. But what is a black box? The term alludes here to a device- which is no longer black nor shaped like a box- used in aircraft to make an audio recording of the actions taking place in the cockpit during flight; a black box can be retrieved from a plane after a crash to determine the cause of the accident. This is a pertinent metaphor for a mechanism for documenting validation and/or testing of organizational processes or systems, but because â€Å"black box,† though familiar to readers, is not as transparent in meaning as many other examples of figurative jargon, the reader will have to pause and analyze the analogy, which distracts from the reading experience. Would it be helpful to provide a gloss, or a brief definition of the jargon? That would be useful if the entire article were about a documentation mechanism. But in the context from which the sentence about black boxes was extracted, it is simply a passing reference, and defining the phrase would be merely a further distraction. In this case, the best solution is to replace the jargon with a phrase that clearly expresses the intended idea: â€Å"What mechanisms for documenting validation and/or testing exist in the organization?† When writing or editing in any context, evaluate whether jargon or other slang serves communication or itself (or, worse yet, the writer’s ego), and retain or revise accordingly. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Style category, check our popular posts, or choose a related post below:The Meaning of "To a T"The Parts of a Word5 Examples of Misplaced Modifiers

Saturday, November 23, 2019

How Delphi Uses Resource Files

How Delphi Uses Resource Files From bitmaps to icons to cursors to string tables, every Windows program uses resources.  Resources  are those elements of a program that support the program but are not executable code. In this article, we will walk through some examples of the use of bitmaps, icons, and cursors from resources. Location of Resources Placing resources in the .exe file has two main  advantages: The resources can be accessed more quickly because it takes less time to locate a resource in the executable file than it does to load it from a disk file.The program file and resources can be contained in a single unit (the .exe file) without the need for a lot of supporting files. The Image Editor First of  all, we need to create a resource file. The default extension for resource files is  .RES. Resource files can be created with  Delphis Image Editor. You can name the resource file anything you want, as long as it has the extension .RES and the filename without the extension is not the same as any unit or project filename. This is important, because, by default, each Delphi project that compiles into an application has a resource file with the same name as the project file, but with the extension .RES. Its best to save the file to the same directory as your project file. Including Resources in Applications In order to access our own resource file, we have to tell Delphi to link our resource file in with our application. This is accomplished by adding a compiler directive to the source code. This directive needs to immediately follow the form directive, like the following: {$R *.DFM} {$R DPABOUT.RES} Do not accidentally erase {$R *.DFM} part, as this is the line of code that tells Delphi to link in the forms visual part. When you choose bitmaps for speed buttons, Image components or Button components, Delphi includes the bitmap file you chose as part of the forms resource. Delphi isolates your user interface elements into the .DFM file. To actually use the resource, you must make a few Windows API calls. Bitmaps, cursors, and icons stored in RES files can be retrieved by using the API functions LoadBitmap, LoadCursor, and LoadIcon respectively. Pictures in Resources The first example shows how to load a bitmap stored as a resource and display it in a TImage component. procedure TfrMain.btnCanvasPic(Sender: TObject);var bBitmap : TBitmap;begin bBitmap : TBitmap.Create; try bBitmap.Handle : LoadBitmap(hInstance, ATHENA); Image1.Width : bBitmap.Width; Image1.Height : bBitmap.Height; Image1.Canvas.Draw(0,0,bBitmap); finally bBitmap.Free; end;end; Note: If the bitmap that is to be loaded is not in the resource file, the program will still run, it just wont display the bitmap. This situation can be avoided by testing to see if the  bBitmap.Handle  is zero after a call to  LoadBitmap()  and taking the appropriate steps. The  try/finally  part in the previous code doesnt solve this problem, it is just here to make sure that the bBitmap is destroyed and its associated memory is freed. Another way we can use to display a bitmap from a  resource is as follows: procedure TfrMain.btnLoadPicClick(Sender: TObject);begin Image1.Picture.Bitmap. LoadFromResourceName(hInstance,EARTH);end; Cursors in Resources Screen.Cursors[]  is an array of cursors supplied by Delphi. By using resource files, we can add custom cursors to the Cursors property. Unless we wish to replace any of the  defaults, the best strategy is to use cursor numbers starting from 1. procedure TfrMain.btnUseCursorClick(Sender: TObject); const NewCursor 1;begin Screen.Cursors[NewCursor] : LoadCursor(hInstance,CURHAND); Image1.Cursor : NewCursor;end; Icons in Resources If we look at Delphis  Project-Options-Application  settings, we can find that Delphi supplies the default icon for a project. This icon represents the application in the Windows Explorer and when the application is minimized. We can easily change this by clicking the Load Icon button. If we want, for example, to animate the programs icon when the program is minimized, then the following code will do the job. For the animation, we need a  TTimer  component on a form. The code loads two icons from resource file into an array of  TIcon  objects; this array needs to be declared in the public part of the main form. Well also need  NrIco, that is an Integer type variable, declared in the  public  part. The  NrIco  is used to keep track of the next icon to show. public nrIco : Integer; MinIcon : array[0..1] of TIcon;...procedure TfrMain.FormCreate(Sender: TObject);begin MinIcon[0]:TIcon.Create; MinIcon[1]:TIcon.Create; MinIcon[0].Handle:LoadIcon(hInstance,ICOOK); MinIcon[1].Handle:LoadIcon(hInstance,ICOFOLD); NrIco:0; Timer1.Interval:200;end;...procedure TfrMain.Timer1Timer(Sender: TObject);beginif IsIconic(Application.Handle) then begin NrIco:(NrIco1) mod 2; Application.Icon:MinIcon[NrIco]; end;end;...procedure TfrMain.FormDestroy(Sender: TObject);begin MinIcon[0].Free; MinIcon[1].Free;end; In the Timer1.OnTimer event handler, IsMinimized function is used to see whether we need to animate our main icon or not. A better way of accomplishing this would be to capture the maximize/minimize buttons and than act. Final Words We can place anything (well, not everything) in resource files. This article has shown you how to use resources to use/display bitmap, cursor or an icon in your Delphi application. Note: When we save a Delphi project to the disk, Delphi automatically creates one .RES file that has the same name as the project (if nothing else, the main icon of the project is inside). Although we can alter this resource file, this is not advisable.

Thursday, November 21, 2019

Protest Movements Essay Example | Topics and Well Written Essays - 1250 words

Protest Movements - Essay Example People usually relate protests with a lot of negativity, however, protest movement is a form of negotiation tactic that most people adapt to air out their views and makes their voices be heard. The most frequently used protest tactics during protest movements are strikes and mass demonstrations, and most states allow individuals to demonstrate more so they encourage peaceful demonstration as opposed to chaotic protests. The street protest participants should not involve themselves in activities like looting, steal, of commit other forms of crime. Peaceful demonstrations are in most cases successful. In most cases, inequality and discrimination in the society are some of the leading factors that trigger protest movements. Protest movements are very useful in the society and they enable people to talk about their feelings and address issues affecting them. However, protest movements can as well be very destructive especially chaotic demonstrations and interfere with the wellbeing of in dividuals in the society. Today, many states offer individuals with the freedom to protest or engage in protest movements as a way of sharing their views and feeling on certain issues affecting them and the society at large. Truly, freedom of expression is a constitutional right of every one in many nations today. This includes freedom of protest and demonstration among other social movements. For instance, In the United States, individuals’ right to free speech is outlined in the First Amendment of the US Constitution and so every American has the freedom to protest but without arms. Apart from being a constitutional right, protests are like democracy in action. In democratic nations, citizens have a right to share their opinions peacefully without any chaos involved. They are free to protest on different issues including unemployment and some government policies among others. Democracy does not only involving casting votes but also

Tuesday, November 19, 2019

Human Resources Administration Assignment Example | Topics and Well Written Essays - 500 words - 1

Human Resources Administration - Assignment Example The third step is in the wake of understanding that more efforts would be needed to move things from one place to another if unions are formed, and hence it would be a good idea to do away with the same, right from the outset of such understandings. The fourth step is in making the employees comprehend that if they avoid unions, they will reap the rewards themselves because more work will be done in a lesser amount of time, and hence their benefits would be ensured easily. The fifth and last step is in the form of gaining an idea that unions leave a very negative perspective of the company and no employee would like to be seen as a hindrance within the smooth working tenets of an organization. Hence forming unions needs to be avoided at all costs. The reason for choosing these five points is because they give an overall view of how the unions need to be avoided at all costs. It also makes one realize where the negativity creeps in and what needs to be done to make sure that the employees remain steadfast with their respective domains. The cost, time and effort factors are pertinent for any business and should always be thought out of as such. If these aspects are not properly covered, then unions will come in and hence the focus of the organization would shift as a result of the same. Employees would ask for more favors from the organizational tenets and there would be more instances of collective demonstrations and upheaval for all the wrong reasons (Ferris, 2012). From an organizational standpoint, this cannot be tolerated at all because these document how improper the standards of the individuals working within the organizations are at the end of the day. It also dictates the anomaly that comes about for an organization be cause it has to see which employees are loyal to the core, and which ones are creating problems for its business operations,

Sunday, November 17, 2019

Japanese Exclusion Act of 1924 Essay Example for Free

Japanese Exclusion Act of 1924 Essay Japanese Exclusion Act of 1924, also known as the Immigration Act of 1924, was one of the federal laws of the United States that limited the quantity of immigrants to United States from any country to a certain percentage of the total number of people from that country who were already living in the United States based on the 1890 Census. As for the case of Immigration Act of 1924, only two percent f the total number of people already living in United States from other country since 1890 can only be admitted (Historicaldocuments. com 1). In fact, the Immigration Act of 1924 superseded the Emergency Quota of 1921, which required three percent of the total number of people already leaving in United States from other countries in 1910, in order to further intensify the lowering down of the total number of immigrants to the United States from other country. Specifically, the said law aimed to restrict Europeans especially those coming from the Eastern and Southern part of the said region including East Asians and Asian Indians among those regions that were restricted by the federal government of the United States from immigrating into their country. Furthermore, this act also barred all immigrants that were considered by the federal government as ineligible for citizenship based on the race, the region where a certain foreigner came from. Like for the case of those people from Eastern and Southern Europe as well as those people from the East Asia and Asian Indians was being prohibited by the federal government from naturalizing themselves into being an American citizen. Among of those countries that were greatly affected by the promulgation of the said law, it is Japan who showed great protest and actually requested the United States to move the said laws on the case of the Japanese. But at the end of the day, the federal government stick to their stand and continued the implementation of Immigration Act of 1924. Furthermore, the main argument of the Japanese why they were protesting on the said act was the clear violation of United States on the Gentleman’s Agreement. Now, it was deemed that this clash between United States and Japan caused great tension between the two countries and this served as the ground for Japan to become an ally of Germans during World War II. Now as for the scope of this paper, chains of events will be discussed and revealed on how the passing of Immigration Act of 1924 led Japan towards their collaboration with the Germans on the Second World War (UShistory. com 1). Early Years of Immigration to United States In the 1860s and 1870s the Chinese, most of them were men, made up of some 10 to 15 percent of the population of many western states. After the Chinese Exclusion Act as well as the filling of the West by pioneers, that the percentage must be dropped rapidly. Still, the Chinese population in the country continues to grow mainly because of the high birth rates and Chinese immigration to Canada. From 1870 to 1920 around 25 million immigrants entered the United States wherein the Southeastern Europe provided nearly 3,500,000 immigrants between 1900 and1920. While Italy on the other hand, contributed to around 3,100,000 immigrants to the United States and Russia as well as Poland contributed to around 2,500,000 immigrants. Moreover, there were more Japanese immigrants as compared to Mexico and France. In 1882, around 30,000 Chinese immigrants entered the United States brining the total of number of Chinese in US to 150,000. This is also the year where the Chinese Exclusion Act was passed by the government that limits the number of Chinese that can enter the United States based on a certain percentage. This Chinese Exclusion Act is effective after 10 years and will deem to be permanent until the twentieth century. By 1908 to 1914, federal officials recorded 6,800,000 arrivals of foreign immigrants to the United States while on the other hand only 2,000,000 departures were accounted. Moreover, ninety two percent of the total number of people arrived to United States on 1910 said that they were about to join their friends and relatives that had been living in the United States plus the fact that almost ninety percent of all the immigrants settled either North or West while leaving a small percentage to drop into the South. By 1910, foreign-born men and women comprised about 53 percent of the national industrial labor force and 75 percent of the populations in New York, Chicago, Detroit, Cleveland and Boston were made up of immigrants and their children. By 1916 in San Francisco, 75 percent of the total population regarded a foreign language as a primary tongue. Japanese Immigration to United States Japanese Immigrants to United States Started in 1880s when large number of farmers from Southern Japan moved to United States. There were no legislations that prohibited or regulate the number of immigrants to United States during those times regardless of from what country an immigrant came from. What caused the Japanese people to migrate to United States was the disenfranchisement of the regions of Japan from the industrial and land reforms during the â€Å"Meiji Restoration† thinking that they can improve their status of living from moving to another country. With the booming of sugar plantations in Hawaii, a lot of Japanese workers migrated on the said state of US and then later on moved forward to California. By the early 1900’s, Pres. Roosevelt mandated the San Francisco School Board to withdraw the order regarding the segregation of Japanese school children in exchange of Japan’s rein in on emigration of peasants and laborers to the United States. After this event, the Japanese government entered an agreement with the federal government of the United States agreeing upon to regulate the number and type of Japanese that can only be allowed to immigrate to United States which was widely known as the Gentleman’s Agreement (State. gov 1). Moreover, the Japanese government only permitted those educated Japanese citizens to immigrate to United States and restricting the immigration of laborers regardless if they were skilled or unskilled.

Thursday, November 14, 2019

Analysis of a Story in the Newspaper -- Media Publication

Introduction ‘News media investigate, analyze, and report to stakeholder publics on issues and event s that occur around the globe in a twenty-four-hour, 365-day news cycle’ (Richard,2007:98). Because of the way news media works, we know what is happening in the world and we can have ‘connection’ to other places. With new media arising, the information transmission process become even faster. Though new media is getting more prevalent, still, a considerable amount of people rely on one of the traditional news media – newspaper. Facing the competition, the way news reported may change as newspapers ‘need to maintain large circulation figures to stay profitable’ (Bignell 1997:83). This directly affects how news is presented. To make news appeal to readers, information may under ‘design’ as mentioned by Thorne (2008), the function of newspapers in the 21st century is not only ‘referential’, ‘ entertainment has become equally important in the battle to win readers’(P.262). In this paper, a piece of news was taken from WiseNews for analysis. It was an event occupied a large coverage in newspaper and caught lots of public attention – The Manila Hostage Incident. I would like to see how journalist presents the story to their readers through looking at its structure and the use of language. Information Flow In reporting the news, journalist adopts the story-telling approach. ‘Journalists are professional story-teller of our age’ (Bell,1991:147). When reporting an incident. Journalists tend not to simply report the fact in each paragraph without linking the information together. Instead, they tend to make the piece of text into a story. Headline Te headline is considered as ‘an abstract of the abstract’ (Bell, 1991:149)... ...authority. Appraisal elements are used to align readers including concession, modality and appreciation. Echoing Bell (2004), journalists are ‘story teller’. When presenting news to readers, they do not simply report facts but tell a story by the use of certain format and lexical choices. Works Cited Bell, A. (1991). The Language of News Media. UK: Blackwell Publishers Bignell, J. (1997). Media semiotics. New York: Manchester University Press Kessler, L. and MnDonald, D. (1989). Mastering Writing with Substance and Style. USA: Wadsworth, Inc. Martin, J.R. and Rose, D. (2007). Working with Discourse. London: Continuum. Reah, D. (2002). The Language of Newspapers. NY: Routledge Richard, S. (2007). Media Relations. Australia: Oxford University Press. Thorne,S.(2008). Mastering Advanced English Language. Great Britain: Cromwell Press Ltd.

Tuesday, November 12, 2019

How far was Lloyd Georges fall from grace in 1922 the result of his own mistakes after 1918? Essay

A general election held in 1918 gave Lloyd George and the Conservative coalition a very comfortable majority in parliament, but it also left Lloyd George in an untenable position. The coalition consisted overwhelmingly of Conservatives, meaning that Lloyd George’s hold on power was extremely weak. He could not do many of the things he would have liked to do in a purely Liberal government, simply because he did not have the support of the Conservatives. After the war, Lloyd George faced some very serious domestic problems. Firstly was the issue of the German reparations and punishments. There was a strong feeling in Britain that Germany was fully responsible for the war, and therefore should be punished severely. Lloyd George did not subscribe to this opinion. He felt that Germany should be punished, but not to the extent that it ceased to exist. He came to the conclusion that if Germany was effectively destroyed by war payments, it would leave a large power vacuum in the centre of Europe. Lloyd George was worried that this gap would be filled by the Communist ideals of the Bolsheviks. Along with this, the post-war depression that was consuming Britain resulted in a loss of popularity for Lloyd George. The new markets Britain were relying after the war had not materialized, and several of Britain’s old markets had found cheaper suppliers. This resulted in a large scale closing of many industries. The failure of both France and Russia to pay back their war loans meant that Britain in turn was not able to pay back the loans borrowed from America. This in turn resulted in a dramatic increase in unemployment, going far beyond the ‘intractable million’. In both of these situations, the Conservatives in the coalition were more than happy to sit back and let Lloyd George take the blame for these domestic problems. They began to notice his dwindling popularity and made no effort to halt it. The Conservatives were more than aware that they had a large enough amount of MP’s to have an overall majority in parliament, so for the time being they were content to sit back and allow Lloyd George to try and work Britain out of it’s economical mess. After the war, the vast gap in Liberal and Conservative policy became overwhelmingly apparent. The pressing issue of the continuing nationalisation of the coal mines caused many problems for Lloyd George. As a liberal, George was in favour of public ownership of the mines. Knowing that it would be impossible to convince the Conservatives to carry on with the nationalisation, he ordered an independent commission into the matter. He told the trade unions that he would abide by whatever was decided by the commission. Lloyd George assumed he had averted the matter by appointing a top judge, Mr. Justice Sankey. Lloyd George felt that Sankey was bound to want privatisation of the mines. When Sankey found in favour of continuing nationalisation, Lloyd George was in a compromising situation. He had already promised to carry out whatever Mr. Sankey decided, but he did not want to upset the Conservative majority. In the end, Lloyd George decided to do nothing. This greatly upset the trade unions, and resulted in a lasting distrust in him. The Chanak incident resulted in a similar situation for Lloyd George. Firstly, it widened the chasm between the two factions of the coalition further, with Lloyd George supporting the Greeks, and the Conservatives continuing their support of Turkey. More importantly, the Conservatives were worried with Lloyd George putting Britain at military risk so soon after WWII. This is the clearest sign of Conservative disillusionment with continuing the coalition. Lloyd George was also plagued by external factors he had no control over. An example of this is the change in leadership of the Conservative party. Bonar Law was an extremely influential figure within his party. He was good at persuading people to his point of view. His successor Austen Chamberlain lacked the finesse of Bonar Law. He spoke to his party about continuing the coalition only days after two coalition Conservative MPs had been defeated in by elections. This meant that at the time the Conservatives had very little patient with the coalition. The growing disenchantment with Lloyd George was only elevated by his style of government. During the war, George formed a small war cabinet that had the power to make changes in any area of the government. After the war, this continued. Rather than consulting his cabinet on important matters, he preferred to consult a small group of advisors. This obviously upset the Conservative cabinet, as their influence over Lloyd George was falling. Another source of discontent from the Conservatives toward Lloyd George was the so called ‘honours scandal’. After his split from Asquith and the original Liberal party, Lloyd George’s liberals needed a secure source of funding. To aid this, he allowed honours to be sold to wealthy people for a great deal of money. This was certainly not the first example of this happening, but it was the first example of it happening on such a wide scale. To further contribute to the problem, several less than savoury business bought themselves titles. The press caught hold of these affairs and made it commonly known, much to the Conservatives dismay. Examples like these show clearly that Lloyd George contributed significantly to his own downfall, but it’s likely that the Conservative decline in support played a larger part in his fall from grace. While Lloyd George was popular with the public, he was an electoral asset, but as his popularity among the electorate decreased, so did his support from the Conservatives. Backbench Conservative MPs were particularly upset with continuing the coalition as it meant they had less promotion opportunities as a number of cabinet places had to be filled by Liberal MPs. Even if Lloyd George’s popularity among the electorate had remained high, it is hard to imagine the Conservatives wanting to continue the coalition past 1922. The 1918 election had given the Conservatives the confidence they needed after having several years out of power. They realised they would have had a majority in Parliament without the Liberals in the coalition. While it is impossible to ignore Lloyd George’s shortcoming as Prime Minster in peace time, it is clear that Conservative disillusionment was the main cause of his downfall. Bibliography: http://www.spartacus.schoolnet.co.uk http://www.llgc.org.uk â€Å"David Lloyd George – A Biography† Peter Rowland

Sunday, November 10, 2019

Patient Advocacy Analysis Essay

Introduction A patient advocate may be present for healthcare appointments and alert the healthcare provider about patient compliance issues. He or she may separately assist the healthcare provider and support staff with potential issues and communication challenges. The patient advocate is also responsible for maintaining communication with the patient and healthcare provider to ensure that patients understand the procedures. By reducing fear and increasing patient compliance, this can result in higher successful treatments. Generally, a patient advocacy contract that includes a release of medical information must be placed with each healthcare facility (Ad Hoc Committee on Advocacy, 1969). Some institutions may require a power of attorney for healthcare for a patient advocate to exchange confidential information. The patient advocate may provide medical literature and research services to the patient, family, or healthcare provider. The patient advocate may also assist with family communication on issues arising from illnesses and injuries . This may include further referral for care and support for both patients and families. The patient advocate has a responsibility for awareness of compliance, appropriateness, and coordination of care for the patient, such as oversight for potentially conflicting treatment modalities and medications. The patient advocate can ensure that questions about the appropriateness of treatment are promptly discussed with the patient’s care provider, and that all treatments and concerns are promptly entered into the patient’s healthcare record. The patient advocate is also responsible for reviewing the patient’s healthcare record for correctness and for explaining it to the patient. Another responsibility of the patient advocate is to create and maintain an electronic log for the patient that is available on disk to healthcare providers i This log may be of great benefit in subsequent urgent situations. The patient advocate can also assist in resolving disputes between patients and their healthcare provider, as well as engaging in communications on behalf of the patient in case of employment issues by approaching the employer to achieve a mutually beneficial solution for the employer and the individual employee. Where applicable compliance standards are not met, the patient advocate may conduct liaison with corporate oversight, government agencies, or legal professionals to further negotiate such issues on behalf of the patient and family. It is the duty of a patient advocate to maintain patient privacy according to local and national laws, treating all patient and family information as privileged and protected. This includes ensuring that healthcare providers’ communications are treated as highly confidential and privileged, whether or not those communications are specific to the patient, and that permissions to disclose information are negotiated carefully. It is also the duty of the patient advocate to follow any referrals for medical, financial, legal, administrative or other personnel to assure that the patient is always kept safe and well informed, never abandoned or misled during the process (Carlton, 1984) SWOT Analysis When developing a SWOT analysis for the Patient Advocate Organization, three primary purposes emerged: 1. Inspire continued trust and confidence in the nursing profession among patients, their families, and the American people; 2. Leverage nurses, the single largest health care workforce, together with patients, partners in their care, in accelerating performance improvement; and 3. Stimulate reform through shared perspectives, knowledge, and values among nurses and patients, their families, and consumer stakeholders. A SWOT analysis focuses on internal strengths and weaknesses and external opportunities and threats. In this instance, these concepts have been applied to a proposed alliance that serves these three proposed purposes. Typically, SWOT analyses are presented in tabular formats and entries are listed in one of four quadrants in the table (i.e., strengths, weaknesses, opportunities, threats). The SWOT analysis is presented in Table 1. Strengths Purpose 1. Inspire continued trust and confidence. a. Existing nurse workforce is the largest segment of the healthcare workforce b. Living up to nursing’s promise to represent the patient voice c. Expanding consumer recognized success (e.g., number of hospitals, evidence-based link to quality/safety). d. Expanding and maturing evidence-based that establishes nursing-quality-value linkages. e. Operating consumer advocacy groups is a well-known skill for several of the major groups with which we could partner f. Convener organizations have a proven track record in working together (e.g., areas of education, competency development, leadership) Purpose 2. Accelerate performance improvement a. Expanding and maturing evidence-based that establishes nursing-quality-value linkages b. Partnering to expand and accelerate current and future measurement sets (examples follow): b.1. Experience with, and advancement of, measure development and data collection (i.e. NDNQI, AWHONN EDGETM Database, etc) b. 2. Existing national, regional, and state nursing performance measures databases (e.g., NDNQI, CalNOC, Maine and Massachusetts) b.3 Existing national quality measurement and reporting infrastructure (e.g., Compare websites) Purpose 3. Stimulate reform a. Existing nurse leaders with strong organizational skills and credible backgrounds b. Threats by existing nursing and nurse faculty shortages are widely recognized by policy makers and health care stakeholders. c. Patients and nurses, each individually,†¨make strong advocates; together, their combined effectiveness will likely be transformative d. Reviewing the evidence suggests that nurses make effective policy advocates Weaknesses Purpose 1. Inspire continued trust and confidence. a. Existing, numerous professional nursing organizations and specialty groups result in fragmentation and diffusion of the expertise and resources among nursing as a whole. May be confusing/distracting to consumer groups who join an alliance b. Creating a new â€Å"fancy† alliance may not change nursing’s image from that of a profession that â€Å"takes orders.† We may remain unable to gain access to high levels of policy making and policy makers c. Funding source for sustained support is unknown d. Participation would be voluntary (e.g., What incentive†¨would organizations have to provide technical time and support for NPQA?) Purpose 2. Accelerate performance improvement a. Representation of VANOD, CalNOC, MilNOD is lacking in the convener group gathering under the planning grant b. Lacking sufficient nursing-sensitive outcome measures and resulting data to address all patients in all settings across an episode of care limits how comprehensively nursing care quality can be portrayed and might limit partnerships with certain consumer groups c. Developing standard language may be necessary prior to creating additional standard measures (e.g., birth date or date of birth) d. Adding/changing billing codes (e.g., G-codes, E-codes) to document nursing care is not in the realm of influence for nurses or consumers but together we may have more success. Purpose 3. Stimulate reform a. Nursing is not typically a ‘target’ of federal policies because of employee-employer relationship (rather than direct contractors with payers for services) b. Existing consumer and nursing organizations approach policy makers with multiple requests: lack of unity c. Nursing inclusion within existing alliances may be viewed as duplicative Opportunities Purpose 1. Inspire continued trust and confidence a. Build upon nursing social capital with consumers as the most trusted among health care professions b. Identify (empirically, anecdotally) and enhance the value-added of nursing with consumer participation and support c. Improve consumer understanding about the quality of nursing care d. Improve nursing’s knowledge of consumers’ experience of professional nursing Purpose 2. Accelerate performance improvement a. Continue quid pro quo to various alliances (i.e. HQA, KCA, QASC) providing entry into these policy discussions b. Dedicates significant, shared resources to improving quality, safety and value c. NPQA could serve as a neutral reporting entity to achieve economies of scale and scope by moving performance measurement reporting from various nursing organizations to a central source. d. NPQA sets agenda for measure adoption and collection Purpose 3. Stimulate reform a. Disseminate practice-based questions/issues to policy makers and thought leaders to guide funding of research or studies b. Recognize evidence that suggests that nurses, APRNs and consumer groups have opportunities to strengthen their policy voice c. Vision for proactive, toward thinking policy agenda that can push (e.g. What so we want decision makers know about nursing performance?), pull(e.g. What do decision makers already know about nursing performance ?) and/or Partner (e.g. What do decision makers want/need to know about nursing performance ?) Threats Purpose 1. Inspire continued trust and confidence a. Consumer partners may overwhelm nursing. Nursing may be subordinate to consumer leadership. b. Potential to be barraged or criticized by special†¨patient advocacy groups and specialty nursing groups who are not included in membership c. Partnership adds complexity to operational aspects of an alliance such as leadership, governance, membership dues, etc Purpose 2. Accelerate performance improvement a. Current national practice specialty organizations (AORN, AANA, ONS, AWOHNN, AACN, ACNM) have limited resources and will have to decide where to invest (e.g., choices will need to be made that could result in weakening NPQA) b. Data may portray low quality nursing performance with subsequent unintended consequences for nursing c. Established boards of both large nursing organizations and consumer organizations may refuse to support or may change support as leadership and resources fluctuate d. Alliances with whom nursing has a quid pro quo relationships have not universally welcomed nursing participation and have rationed our involvement (e.g., don’t recognize different nursing groups) e. Consumer group(s) may not recognize a need to measure nurse performance in the same manner in which nurses do. Conflict may result (e.g. consumers may think, â€Å"Did the nurse carry out the order?†) Purpose 3. Stimulate reform a. Absence and inattention to nursing issues/strengths in health care reform proposals b. Presence of a strong medical lobby and physician advocacy groups linked with consumers c. Established alliance landscape and inconsistent/ ‘unwelcoming’ nature among existing alliances to nursing d. Lack of awareness by policymakers of the necessity to engage nursing to realize dramatic and sustainable improvements in quality and safety Customer analysis Before implementing this process in South Florida, it is necessary to conduct the market research to check whether this process has market relevance to this area. In other words, it is important to find out whether customers want to use patient advocacy and then analyze if it is available for implementing it in this area via the drives of value. Basically, there are three interdependent drivers of value, including population health, patient experience and total cost per capital, to promote the development of patient advocacy. The data published by U.S. census government shows that the population in Florida is experiencing a huge change during recently year, no matter the change is characteristic by age or race. First, as illustrated in Figure 2, we can see that from 1960 to 2040, the actual and projected census population will rapidly grow from around 50,000 to over 25,000,000 in Florida. There are two main factors causing this phenomenon. On the one hand, there are the baby boomers. This accounts for the natural population increase. While births exceeded deaths during each of the two decades, less than half a million persons were added to Florida’s population each decade due to the natural increase. On average, 118 more Floridians were born than died each day during the decade of the nineties (Census Report, 2000). On the other hand, individuals’ life expectancy is rapidly extended. As populations of modern societies have begun to age, the older age cohorts have become disproportionately represented. Figure 3 show that the age group over 65 and up holds the largest percentage during 2010 to 2030. For example, in the area of Southeast Florida, its population of 6.2 million, is larger than 34 of the 50 states in 2008. About one in every three (31.2%) South Florida resident was born in the state of Florida. Meantime, in South Florida, the elderly are projected to reach almost one million (20.7% of the total) in 2030, up from 14.4% in 2010 (Ogburn, 2010). Compared to the Treasure Coast, the change is becoming more obviously as it is shown in Figure 4. The data described above figures out that even though the population growth slowed down in recent days, South Florida continue s to grow at a speed that is faster than the nation as a whole, with higher rates in the northern region. Apparently, the change population characteristic provides a huge market for the patient advocacy. A demographic trend often overlooked in discussions of healthcare is the changing structure of American families and households. There has been a decline in the proportion of the population that is married and a proportionate increase in the size of the single, divorced, and widowed population. The average household size has declined, and there has been a large increase in the proportion of the population that lives alone. Therefore, more and more households are involved in the health industry to some extent. This means that Floridians’ expectations for acquiring healthcare knowledge and learning about diseases is increasing. This will help them know how to make decisions when they face the healthcare problem and know whether the plan recommended by physicians and nurses are available to them. Secondly, as illustrated in Figure 5, it can be shown that the race/ethnic composition o f Southeast Florida was made up of 37% Hispanic or Latino. In 2000, the non-Hispanic White population represented 47% of the regional total, down from 57% in 1990. In other words, the non-Hispanic White population of Southeast Florida ceased to be the majority sometime in the 1990s, due mostly to the growth of the Hispanic population in Miami-Dade Country (Ogburn, 2010). Hence, it is very important to take the Spanish language into account when patient advocacy is established. Thirty-three percent of the South Florida population is over age 65, so for those elderly who do not know how to speak English, patient advocacy could help them understand what the medical staff tell them about their diseases or how to take those pills. It also helps to reduce the potential abuse error when patient advocacy staffs teach those patients via their own language. Thirdly, as acute illness has declined as the pervasive type of disorder, chronic conditions have emerged as the dominant type of health problem in developed countries. Chronic conditions generally do not contribute directly to mortality, but are often cited as underlying causes of death. They are more likely to interfere with the quality of life, since they often result in some form of disability. Chronic diseases always result in more cost and more time for recovery. Some maybe even cannot be treated. Thus, patients find themselves confused about the advantages and disadvantages of the treatment. Patient advocacy members listen to confused patients and help them collaborate with physicians and insurance companies. Patient advocacy will offer medical assistance, insurance assistance, home health assistance, elder and geriatric assistance and legal assistance. Those types of assistance will help patients with chronic illnesses to understand their healthcare conditions in detail. The Four Ps The four marketing Ps (product, price, place and promotion) are important in developing the entire marketing process for every company or organization. In other words, the heart of a marketing strategy is the development of a response to the marketplace. For every business, all they need to do first is to identify the customers’ needs, and then determine the price customers are willing to pay. Then, they need to identify what place is most convenient for customers to purchase the product or access the service and, finally, they need to promote the product to customers to let them know it is available (Berkowitz, 2011). Hence, when conducting the Four Ps analysis, there are some questions we need to figure out. Those questions are shown on Figure 6.1 (â€Å"4Ps Marketing,† n.d.): Product The important thing to remember when offering the service of patient advocacy to customers is that they have a choice. For example, for health care providers, they can rely on the customer service center in their own organization to deal with patients’ complains; for patients, they might turn to their doctors or friends who have those treatment experience for help when they need. Therefore, patient advocacy organizations should considerable emphasis on developing a list of help service which customers really want. For example, in South Florida, as we also mentioned earlier in this paper, a large proportion of people speak Spanish as their first language, so Spanish speaking can become a selling point and add into the service list in this area; especially in a situation of establishing commutation between a Hispanic or Latino patient and an English-speaking physician. What is more, for those existing services, the organization should also pay attention to the product life cycle as well. For example, with the implementation of Obama Care, the American healthcare system has become a complex system, and it has become increasingly difficult for patients to understand and adapt, so patients’ fears and frustrations have continued to grow since they may get confused by the new policies and become worried about how to get their reimbursements after the treatment. In other words, customers’ requirements change over time. What is important and useful today may be discarded tomorrow. Therefore, marketing should continuously monitor the external environment and other factors to modify the services in order to meet the customer’s need. Price Price focuses on what customers are willing to pay for a service (Berkowitz, 2011). And the customer’s perception of value is an important determinant of the price charged. Customers draw their own mental picture of what a service is worth. So the pricing decision is a major aspect of marketing strategy. In the healthcare industry, the issue of price is less likely to be a concern since pricing was based on predetermined reimbursement formulas. However, in order to sustain and develop and organization, whether public, non-profit organization, private, or for-profit, patient advocacy organizations still need to pay attention on how they establish the price. 1. The Types of Services and Complexity of Service. As customers’ needs are varied, there are perhaps dozens of services health advocates can provide, ranging from explaining treatment options to reviewing hospital bills, from uncovering clinical trials appropriate to customer’s need, to getting their insurance company to pay a claim they think should be covered. Each service should cost differently according to the time it takes to accomplish it. 2. The Background and Expertise of the Employee Just as would be true in any service business, the more credentials an advocate has achieved, the more it will cost. Further, some advocates have developed specific niches to their work that becomes a benefit to customers, who may be worth a higher salary. So obviously, a higher price should be made for these employees in order to sustain the organization. 3. Geographic Location. Just as there are variations in cost for almost anything we buy based on where we live, the same is true for health advocacy services. As shown in Figure A7 (â€Å"Miami Household,† 2011), in Florida, take Miami as an example, households with income under 15,000 reached 25% in 2010, which was twice as many household of the entire United States. Considering the low-income rate in this area, the price should not be too high when providing services. However, the danger of using low price as a marketing tool is that the customer may feel that quality is being compromised. It is important when deciding on price to be fully aware of the brand and its integrity. A further consequence of price reduction is that competitors match prices resulting in no extra demand. This means the profit margin has been reduced without increasing sales. Place All businesses must decide how many other organizations are needed to distribute their product or service, so does the patient advocacy organization (Berkowitz, 2011). In fact, the purpose of getting any intermediary organizations involved is to provide service to customers in a more accessible way. Therefore, not only big general hospital, but also small primary care clinic should be considered when providing services. Besides, â€Å"place’ in the marketing mix, is not just about the physical location or distribution points for services. Especially in the healthcare industry, it encompasses the management of a range of processes involved in bringing patient advocacy to the end consumer. Promotions Promotion is more than just advertising (O’Malley, 2001). The promotions aspect of the marketing mix covers all types of marketing communications such as advertising, personal selling, publicity, and sales promotion. However, advertising is an important part of promotion. Generally, advertising is conducted on TV, radio, cinema, online, poster sites and via the printed press (e.g., newspapers, magazines). Different advertising channels can be used to maximize the effectiveness of advertising. For example, TV advertising makes people aware of a help service and press advertising provides more detail. This may be supported by in clinic or hospital recommendation to get people to try the service. It is imperative that the messages communicated support each other and do not confuse customers. A thorough understanding of what the brand represents is the key to a consistent message. The purpose of most marketing communications is to move the target audience to some type of action. This may include purchasing the service, visiting or calling the organization, and recommending the choice to a friend or purchasing another service that he or she may also need. The key objectives of advertising are to make people aware of the service offered by the organization, which they cannot get from anywhere else, and to feel positive about it and remember it. Therefore, when promoting, messages should gain the customers’ attention and keep their interest. The next stage is to get them to want what is offered. Showing the benefits that they will obtain by taking action is usually sufficient. The right messages must be targeted at the right audience, using the right media. Take South Florida as an example, 33% of the population in this area is over age 65, so it is important to find an advertising channel to reaches this group of people. In this case, Internet advertising may not be such a good idea while newspaper and television may bring more customers to the organiza tion instead. Conclusion After analyzing the market in South Florida, we can easily reach the conclusion that there are great needs to have patient advocacy in South Florida. In fact, patient advocacy is an emerging practice, and it deserves more recognition when developing healthcare business. Whether you are in private practice, serve as a hospital patient advocate or are developing an advocacy program in a managed care company, having a clear marketing plan of patient advocacy in your business region is a key factor to successfully grow your practice in the future. References Agency for Healthcare Research and Quality. Healthcare costs and financing. Research Activities. 2011. Accessed at heep://www.ahrq.gov/research/jun11/0611RA11.htm. Ad Hoc Committee on Advocacy. (1969). The social worker as advocate: Champion of social victims. Social Work, April, 16–20. Berkowitz, E. N. (2011). Essentials of Health Care Marketing. 3rd Edition. Jones & Bartlett Learning, LLC. Carlton, T. O. (1984). Clinical social work in health settings. New York: Springer Publishing Company. Florida Population: Census Summary 1990 and 2000. Make a difference as a patient advocate. Retrieved from: http://allhealthcare.monster.com/benefits/articles/3210-make-a-difference-as-a-patient-advocate?page=2 Miami Household Income Statistics (2011). CLR Search.Retrieved from: http://www.clrsearch.com/Miami-Demographics/FL/Household-Income Ogburn R. F., 2010. Demographics and population growth in southeast Florida. South Florida Regional Planning Council. Retrieved from http://www.sfrpc.com/region/demographics.htm O’Malley, J. F. (2001). Healthcare marketing, sales, and service: An executive companion. Chicago: Health Administration Press, p. 101 4Ps Marketing Mix Example (n.d.). SmartDraw. Retrieved from http://www.smartdraw.com/examples/view/4ps+marketing+mix/

Thursday, November 7, 2019

Bending Moment Lab Report Essays

Bending Moment Lab Report Essays Bending Moment Lab Report Paper Bending Moment Lab Report Paper Moments are calculated by using static theory, or multiplying perpendicularly directed load by the respective distance to the pivot point. 1. 2 Objective The main objective of that laboratory is to provide students with basic experience and thus, the comparison between calculated and measured values (software) should be demonstrated to show the ability to apply static theory from applied mechanics module. 1. 3 Theory Shear forces The shearing force at any section of a beam is the algebraic sum of the lateral components of the forces acting on either side of the section. F is the resultant action on the left of AAA. As the beam is in equilibrium then resultant reaction on the right of AAA must be downwards. Figurer. Shear forces diagram Equilibrium state fix=ON; iffy=ON; IMO=ON. M In our case we use AAA as a reference point to calculate the bending moment Bending Moment Bending Moment at AAA is defined as the algebraic sum of the moments about the section of all forces acting on either side of the section. Bending moment is considered to be positive when the total moment on the right of AAA is clockwise, whereas moment to the right of AAA is anticlockwise. That type of behavior of ending moment is called sagging since it makes the beam to become concave upward. The opposite of sagging is called hogging. Figure 2. Bending moment (sagging) diagram 2. Experimental apparatus The provided technical equipment is a very functional device that enables students to perform laboratory sessions for mechanical, civil and structural engineering students. It help students to learn more and create a clear visualization and straightforward proof of the bending moment theory in a beam. Experiments include the ability to place the load at any point on the load line o measure the bending moment. The whole apparatus consists of hardware (device itself) and software (program for determining bending moment) Software Software of the STAR is a program that enables computer to perform various tasks as with loads on the line as by virtual visualization. The computer simulation implies the usage of software without teaching hardware equipment. To put it simply, experiments could be actually conducted without the apparatus. Figure 3. Bending moment hardware apparatus Hardware The high quality bending moment device consist of two parallel beams which eave a cut position that acts like a pivot. To accomplish bending moment in a beam experiment students apply loads along the beam. The moment arm bridges the cut onto the load cell thus calculating the reacting and measuring the bending moment force. Students are then able to see the force resultant on the digital display. Additionally, weighs, weighs hangers as well as student and teacher laboratory manuals are included. 3. Experiment Figure 4. Loads and reaction forces diagram In the first part of experiment conducted only one load of 3 available different dads were applied at the distance of mm from the left corner of beam (0-PI).