Monday, September 30, 2019

Reprocudtive Health Bill

Chelsea Samatra, Kenneth Ragus Samatra,Ragus 1 Ms. Daligcon Period 4 A Battery That Makes Cents Abstract Many coins in the pile will make the most electricity. If there are more coins in the pile, then the more electricity it can produce, because the more electrons you have, the more electricity you will get. Batteries are expensive, but you can make one for exactly 24 cents! In this experiment, you will make your own voltaic pile using pennies and nickels. In the data, we will see if the number of pennies and nickels will affect the number of voltage and current.Problem How many coins in the pile will make the most electricity? Hypothesis If there are more coins, then the more electricity it can produce, because the more electrons you have the more electricity you will get. Samatra, Ragus 2 Background/Research You might think that batteries are a modern invention, but batteries were one of the first ways of making electricity. Alessandro Volta discovered the first electric battery i n 1800. He made a giant stack of alternating layers of zinc, blotting paper soaked in salt water, and silver. This early design for a battery became known as the  voltaic pile.How does a voltaic pile make electricity? The key to electricity is the movement of  electrons. In a voltaic pile, electrons move from one metal to the other through the saltwater solution. The saltwater solution is called an  electrolyte, and it contains  ions  in solution from the dissolved salts. An ion is a group of atoms that carries a positive or negative electric charge. The ions react with the metals, causing an  electrochemical reaction, a special kind of chemical reaction that makes electrons. The two types of metals in a voltaic pile are called  electrodes.Since there are two kinds of metals, one metal reacts more strongly than the other, which leaves an electrical potential difference, also called voltage, between the two types of metals. One metal becomes positively charged, the posi tive electrode and the other becomes negatively charged, the negative electrode. This causes electrons to move, creating an electrical  current  which is measured in amperes, and then you have electricity! In addition, the formula for voltage is current times resistance or V = I*R, so the formula for current will be voltage divided by resistance or I = V/R.Samatra, Ragus 3 Vocabulary Words: * Electrochemical Reaction – branch of chemistry that deals with the chemical action of electricity and the production of electricity by chemical reactions * Electron – Also called negatron, an elementary particle that is a fundamental constituent of matter * Voltaic Pile – battery consisting of voltaic cells arranged in series; the earliest electric battery devised by Volta. * Electrolyte – a liquid or gel that contains ions and can be decomposed by electrolysis. Materials The materials and equipments that are needed for the experiment are: * Pennies (4) Nickels ( 4) * Mild dish soap * Vinegar (any kind, 1/4 C. ) * Salt (1 Tbsp. ) * Small bow * Small plate (ceramic, plastic, or Styrofoam not paper or metal) * Digital multimeter (any kind that reads mA and mV) Samatra, Ragus 4 * Paper towels (2) * Scissors The procedures for the experiment are: 1. In a small bowl, mix together 1/4 C. of vinegar (electrolyte) and 1 Tbsp. of salt (ions). 2. Using scissors, cut up a paper towel into small squares. 3. Place the small squares to soak in the bowl of salt-vinegar solution, and set them aside. 4.Gather some pennies and nickels, wash with a mild detergent (like dish soap), and dry. 5. Start building your stack on a dry paper towel on your plate. Put down a penny first, then place a square of vinegar-soaked paper towel on top, and then add a nickel. Keep repeating the layers until you have a stack of four coins (alternating pennies, wet paper towel pieces, and nickels), making sure you end with a nickel on top. 6. Attach the leads of the multimeter to t he two ends of the battery by touching one lead to the penny on the bottom and the other to the nickel on the top.Measure the voltage produced by your battery (in millivolts, mV). You can also measure the current produced (in milliamps, mA). Samatra, Ragus 5 7. Repeat the experiment, each time building a battery with a different number of coins. One important rule is to always start with a penny and end in a nickel, so the number of layers of pennies and nickels will always match. The record of the data table: Number of Pennies| Number of Nickels| Voltage (mV)| Current (mA)| 4| 4| 6. 8| 1. 7| 5| 5| 9. 5| 1. 9| 6| 6| 12. 6| 2. 1|The data above shows that number of coins in the pile had affected the amount of electricity produced. The viewer can obviously tell that, why? Because the data shows that the more pennies and nickels you have in yorur pile, the more amount of electricity you can produced. The amount of electricity produced on 4 pennies and nickels is 6. 8, why because the re sistance was 4 and then the current was 1. 7 and the formula for voltage is V=I*R . The amount of voltage in 5 pennies and nickels is 9. 5 and its current was 1. 9. The amount of voltage in 6 pennies and nickels is 12. and its current was 2. 1. Samatra, Ragus 6 Sample Models This image shows the structure of a voltaic pile, which is the first design of a battery that's used to make electricity. It was discovered by Alessandro Volta in 1800. In this experiment, you will make your own version of the voltaic pile using two different types of coins and a salt-vinegar solution. How does a voltaic pile made of money work? Since each coin is made up of a different metal, one metal reacts more strongly than the other, which leaves an electrical potential difference (voltage) between the two types of metals.The question is, how will different numbers of coins affect the amount of electricity produced? By making piles with different numbers of coins and measuring the voltage and current produ ced, you can test the effect of changing the number of coins in the piles. Samatra, Ragus 7 Analysis Amount of the Voltage (Pennies ; Nickels) 30 25 20 15 10 5 0 (4 pennies ; nickels) (5 pennies ; nickels) (6 pennies and nickels) The graphs shows that the number of pennies and nickels whether it increase or decrease, it will affect the amount of the voltage (mV).The graph above specifically shows and tell us that increasing the number of nickels and pennies will increase the amount of voltage. In a very short way, the more pennies and nickels the more voltage and current. The formula for voltage was V = I * R, so the formula for current was I = V/R and then the formula for resistance was R = V/I. Samatra, Ragus 8 Conclusion In conclusion, many coins in the pile will make the most electricity, i proved that my hypothesis was right the more coins in the pile, then the more electricity it can produce, because the more electrons you have, the more electricity you will get.The data that I made was connected to the research section because the research section, it tells the reader that can the number of pennies and nickels will affect the amount of the voltage? So my data shows that the number of the pennies and nickels did really affect the amount of the voltage. I will always remember that the more electrons/coins in the pile, the more electricity/voltage it can produced.

Sunday, September 29, 2019

Organizational Control

Organizational control is the systematic process through which managers regulate organizational activities to make them consistent with expectations established in plans, targets and standards of performance (Kuratko, 2001). These organizational expectations are a collection of goals and accountabilities represented in the budget, which help establish performance metrics, document actual performances, allow comparison between the estimated and actual performance, and allow for corrective actions (Jones-George-Hill, 2003). Measures of financial performance are those ratios against which actual performance can be meaningfully measured against the expectations of the budget. These measures are objective measures of performance, and a careful analysis of a combination of these ratios may help dis ¬tinguish between firms that will eventually fail and those that will continue to survive, sometimes as early as five years before a firm fails trouble can be detected from the value of these financial ratios (Keating). These performance ratios measure profit, liquidity, leverage and activity and the combination tell a significant story as to the overall health of an organization. Profitability ratios demonstrate the efficiency of the use of resources to generate profits from organizational inputs of materials to value added activities (Jones-George-Hill, 2003). These are Return on investment and Gross Profit Margin. ROI, or â€Å"return on investment,† measures competitive advantage because it allows managers to compare performance against other similar organizations. Although firms will differ on how that calculation is reached internally and what activities are considered profit drivers. For instance, in her 2010 book Open Leadership, Charlene Li argues that a social media campaign goes beyond marketing in that it reduces other costs by not only building affinity but can reduce other costs using Ford Motor Company and Comcast as an example (Li, 2010). Gross Profit Margin is the difference between the amount of revenue generated from the product and the resources used to produce the product. For the current quarter, Apple Computer is projecting an increase in GPM from their expectations of 36% to 37% with further expectation that will increase to 38% next quarter (Barrons, 2011). The iPad generated $4. 4-Billion in revenue last quarter with 80% of the Fortune 100 deploying the computer (Goldman, 2011). With strong business acceptance and revenue performance for a market that didn’t exist a year ago, the GPM associated ith such a product increases far more quickly. Real Networks, on the other hand, has had significant difficulty maintaining its gross profit margin indicating it either cannot control costs or that it has been forced to lower prices (Phillips, 2011). Apple has had no downward price pressure and costs have been kept under control (Hadhazy, 2010). Liquidity ratios measure the overall organizational preparedness to meet the short-term obligations of the organization. The higher the ratio, the greater the organizational ability to cover short-term debts, but a high liquidity ratio also indicates a significant proportion of assets are being used in non-productive ways (Yahoo Finance). Two common liquidity measures are the current ratio and the quick ratio. The current ratio is the difference between current assets and current liabilities and it speaks to the question of whether there are enough assets to pay claims on short-term debts without selling inventory. The ratio expression indicates how much money is available versus how much short term debt is outstanding. A ratio of 2:1 indicates $2 in assets for every $1 in debt. The Motley Fool dissects Real Networks stock performance while determining whether or not to sell the stock. One positive sign for the company is a high current ratio – 3. 13 (Phillips, 2011). However, while the company has â€Å"miniscule† debt, the company’s equity has been shrinking over the past 5-years, so a question to ask is do they have too high a current ratio, bearing in mind that represents non-productive assets? There are enough assets to pay short-term claims, but the stock performance lags the S&P by almost 2/3 – raising the question in my mind if they have too much non-performing assets on hand which need to be reevaluated. The quick ratio answers the question of whether an organization can pay claims without selling inventory. Inventory is not necessarily worth the amount represented on the books, and removing it from this calculation gives a better view of whether or not an organization has liquid assets available. If a company has too much of its liquidity tied up in inventory, it will be dependent on selling that inventory to finance its operations and will have a low quick ratio (Motley Fool). Leverage ratios measure the use of debt or equity to finance operations, with the use of debt becoming problematic if profits cannot cover the interest on the debt (Jones-George-Hill, 2003). Two common such ratios are debt-to-assets ratio and times-covered ratio. Debt to assets shows to what extent the organization is financed with debt, with a lower number being more favorable. With a low number, an organization and its investors can be more confident a company can weather difficult times. Real Networks, as discussed earlier, has a debt to equity ratio close to zero, largely because there is close to no debt – this is a company which can weather some difficult times, however while the debt remains low, the equity is decreasing as well signaling there may be some continuing difficult times (Phillips, 2011). The times-covered ratio measures the extent to which a company's can meet its current debt obligations with available net income. If the times-covered ratio declines to less than 1, then the company is unable to meet its interest costs and is technically insolvent (Jones-George-Hill, 2003). Activity ratios are a measure of an organizations utilization of resources to create value. For a company to be profitable, it must be able to manage its inventory, because it is money invested that does not earn a return. So, inventory turnover measures how well a company is moving its inventory so the assets are not carried as non-performing assets and days sales outstanding measures how quickly that inventory is converted to payment on what it owed. I worked for a small printing company which was dependent on its ability to collect on outstanding projects – age of account was an important measure of the company’s health and much effort was placed on collecting. Inventory was not an option as each job was unique to the client and was good only for that client. These measures help direct the activities of the organization and help set the goals of the organization. The indicate the health of the company, by measuring the management effectiveness in meeting the organizational goals.

Saturday, September 28, 2019

Critique Internet Info on Health Subject Essay Example | Topics and Well Written Essays - 500 words

Critique Internet Info on Health Subject - Essay Example Marianne Sarkis organizes trainings for the pre-med students and family physicians concerning the FGC. She cooperates with the researchers and activists who work on this issue all over the world. The maintainers of the page state that it was created in 1995 as a personal webpage, as the amount of resources on this topic were scarce. They say that the project is not yet incorporated, but its status is going to be changed within the next few months. This site provides valid information for those interested in the issue. The detailed explanation of what FGC is, and about its typology, can be found there. It also contains the articles briefly researching the main reasons for existence of this custom. The materials hosted at this website also provide the information about the programmes designed to stop FGC. What is also important, they suggest the agenda for performing necessary changes in the communities that practice FGC. This website has been updated regularly with the fresh information about FGC. The last update is dated March, 4, 2006. This website also contains the data about peculiarities in performing, reasoning and struggling with FGC practices in different countries, where this custom exists

Friday, September 27, 2019

Advantages And Perspectives Of Homeschooling Essay

Advantages And Perspectives Of Homeschooling - Essay Example Public schools offer a diverse range of subjects like theatre, drama, arts, music, dance, which the students can choose depending on their interests. This allows the students’ inner talent to be polished and brings them to the forefront. Homeschooled children are at a disadvantage in this regard as such activities are minimal. In addition, homeschooled children do not get much exposed...... Every child has different strengths and weaknesses and hence every child requires different attention from the teachers. In a public school, this is not entertained to as the student to teacher ratio is quite high. In a Homeschooling environment, children are at an advantage as they can be taught in a learning style that fits best. The curriculum is more specialized and specially designed to cater to the needs of the children so that they not only mug up what they are taught but get a true learning experience and understand what they are being taught. One thing commonly experienced by the public school students is the peer pressure. Peer pressure is a negative aspect of public schools as a student’s life gets influenced by those around him. Most of the time, the student is forced to conform to the demands of the public schools and his own individuality is threatened. Peer pressure may not only drag a student into wrong activities like smoking and drinking but it also affects s tudents’ way of expression as they are worried as to how others would react to them. In a home-school environment, students grow and develop with very little pressure from their peers and this is the reason why it helps them to express themselves without any fear of what others would think about it. Hence these children learn and study without any stress and pressure.

Thursday, September 26, 2019

Marketing Essay Example | Topics and Well Written Essays - 750 words - 3

Marketing - Essay Example Marketing can be considered both a science and an art. Marketing is a science because there are many marketing tools that required the use of the scientific method. There are many different marketing theories and concepts that must be learned to understand the science of marketing. Marketing can be viewed as an art because marketing tools such as advertising require the use of imagination and creativity. There are many different marketing challenges and opportunities companies face today. A great opportunity is the rise of mobile advertising. Marketers can utilize the rising popularity of smartphones such as the iPhone to deliver marketing ads to mobile users. There are over 4.7 billion cellular users worldwide. A marketing challenge corporations are facing today is the rising cost of marketing through the traditional channels which are television, radio, and the press. DQ2 A trend that I have noticed in the macro-environment is the use of marketing board signs using screen technolog y that are capable of changing electronic messages. These boards are tremendous marketing tools that can be used to serve the needs of multiple clients. One of the hottest trends in the retail industry is the growing popularity of ecommerce. The internet has become a great mechanism to achieve sales. In 2010 in the United States ecommerce generated $147 billion in sales. Another trend in the marketing field is the growing use of diversity to obtain greater marketing results. Since the internet has become more popular than ever before companies are using aggressive online marketing strategies to achieve sales growth. DQ3 The three videos are no longer available due to copyright infringement violations. I believe that innovation can be obtained by listening to the customers. The ideas and feedback from the customers can be incorporated into the product design phase. The R&D department should perform primary research to evaluate the needs of the customers. 4. The marketing function whi ch I consider acts similarly to art is advertising. Marketers have to be creative just like artists in their creation of commercials. Creating characters is a great way to catch the imagination of the customers. The insurance giant Geico created the Gecko character which is used in a series of television commercials. Marketing is a science evidenced by the fact that there exist thousands of books and articles written on the academic subject. Marketing is taught as an academic discipline across the world. Marketing is one the seven branches of business administration. 5. The philosophy followed by Mr. Ishisaka at Toyota makes a lot of sense. It is imperative to listen to the customers in order to create products that the market will accept. Toyota does a lot of research to determine how to best serve their clientele. I do not think that Toyota lost track of the customer in relation to their recent problems. The quality control problems that cause the defective brakes are something th at was not foreseen by the company. It is possible that the firm became too confident and as consequence the company quality standards deteriorated. The company would never intentionally put the lives of its customers at risk. 6. In your response you mentioned that marketing is not selling. Marketing might not be selling, but selling is one of the most important aspects of marketing. Accountants are not responsible for the sales of the company, but marketers are. The success of a lot of marketing initiates is measured in terms of how much revenues were generated due to the marketing initiative. To justify an ad campaign the marketer has to convince the manager that the project will increase the revenues of the company. Marketing has other important functions such as servicing the needs of the customers. 7. Marketing is a science because it analyzes information using models, theories, and concepts. The use of marketing can help a company increase its brand value. Branding enables com panies to achieve higher sales at better profit margins. A product that has brand

Wednesday, September 25, 2019

Lesson plans Research Paper Example | Topics and Well Written Essays - 4000 words

Lesson plans - Research Paper Example The teacher reviews the previous lesson on presenting data in tabular form. All charts will be written in poster paper using markers. 4. The groups present their data in class while the teacher facilitates the discussion. The students must be able to articulate the steps that they did to arrive at the answer, as well as the operation(s) that they performed. All the groups keep their charts on the board. 5. The teacher then consolidates all the findings in one singe table. Students are encouraged to fill in the table on the board using the data from the different groups. The same questions asked in the groups will be asked in class. The teacher rehearses the steps in problem solving: Question, Given Facts, Operation(s), Solution and Conclusion. 6. The teacher introduces how to make graphical presentations of the data. She gives two examples and then asks the students to fill out a worksheet of an empty chart based on the consolidated data presented. At the end, they have to write sentences about the chart : â€Å"In a class there were 10 students who ran the mini-track in 3 minutes. Elvi ran 7 rounds. She ran the most number of rounds. Anthony ran 2 rounds. He ran the least number of rounds. How many more rounds did Elvi ran than Anthony?† The teacher asks the students to identify given facts that are not necessary to solving the problem. After, one student will be asked to answer the problem. The teacher emphasizes the need to understand the comparative nature of the problem and the consequent operation(s) required. Illustrations maybe used to help some students understand the problem. 9. Teachers then gives paired work with more challenging problems. Teacher ensures that each student have an equal opportunity to work out the answers. High ability students can be paired with low ability students. Teacher must also go around the groups and draw out answers from students with low ability. S/he models

Tuesday, September 24, 2019

Financial Markets and Bank Management Essay Example | Topics and Well Written Essays - 1000 words - 1

Financial Markets and Bank Management - Essay Example The banks are faced with credit risk that involves change in net asset value due to changes in the ability of the counter-party to meet the contractual agreements (Thomas 2005). Performance risk includes the possible loses that may emanate from dishonest employees while operational risk include costs such as inability to meet regulatory requirements or settlement failures (Rao 1999). The bank’s net profit margin for 2012 was negative due to lack of growth of the non-customer interest income. The net profit margin was positive in 2013, but the current low interest environment prevailing in the market will continue maintaining the net interest income growth rate low. This means that the bank should divest the low-yielding non-core assets like investment securities portfolios in order to scale up the bank’s net interest margin. The operating margin was too low to generate substantial increase in net profits in 2013. The return on invested capital growth rate stagnated thus demonstrating imprudent investing strategy due to low returns from the non-core business segments. The improvements in return on assets and return on equity were low while the leverage position declined slightly due to injection of additional capital through rights issue. The stringent regulatory environment forced the bank to improve on its capitalisation and implement measures of lowering its leverage. Some of the measures implemented include the rights issue and reduction in the risk-weighted assets (RWAs) (Gregory 2011). Barclay’s loan to deposit ratio stood at 110 percent in 2012, but the ratio declined to 101 percent in 2013. The deposits were almost equal to the customer loans thus demonstrating increased prudence in retail lending. The investment banking business segment is funded by a high proportion of liabilities. The bank should have sufficient liquid assets to withstand any market and internal stresses (Mehta and Fung

Monday, September 23, 2019

Accounting information systems Annotated Bibliography

Accounting information systems - Annotated Bibliography Example This journal provides accounting information concerning the ability a company to perform based on the kind of data, software used and the kind of people that use this data in order to make informed decisions. The researchers of this journal use empirical data from small business enterprises in order to determine how an organization performs based on information fed on an accounting information system. For example, the researchers highlight that managers and other users like analysts, auditors, investors and consultants rely on financial information, there is need to use high quality software in order to make informed decisions. Furthermore, software programs can be built to be able to uniquely satisfy a company’s needs based on various factors like company size, complexity or sensitivity of financial information. Generally, the journal highlights that accounting information system software enables users to access reliable information in an effective manner. Interested readers can use this journal to acquire knowledge on the performance measures of an information system.

Sunday, September 22, 2019

The US Congress Essay Example | Topics and Well Written Essays - 750 words

The US Congress - Essay Example Senator Spector's website contained the same constituency topics; including flags, touring DC, appointments to military academies and internships; and actually had one more than Lott - how to get grants. His home page though was a bit more crowded and the major topic buttons were not as easily recognizable as Lott's; to his benefit, though, he had an email signup form on the front page and his office locations and phone numbers. Unlike Lott's page though, Spector had no search bar. The information on Wicker's home page was sparse at best. His navigation buttons were difficult to read and small which could make it very difficult for an older person. Also his main topic buttons had no drop down menus and instead of grouping categories together he too many individual tabs. He had no search bar. Lastly, Lewis' webpage was set up nicely. His category buttons were easy to locate, although they did not have drop down menus. He did, however, have two search bars: one for general searches and a Bill search which was innovative. He did not have a state map as did the two senators. All four of the congressman had a great deal of partisan information within their websites, although some were more blatant than others. Lewis' home page was mainly taken up with information on Bills, projects or acts he was personally involved with. However, his latest news was dated January 18 which made me wonder what he had been doing for three months. Wicker's home page dedicated almost half of the home page to hurricane relief aid. The lower portion had current news release links to his sponsored bills as well as three columns he pens. Spector's latest news was dated April 6th so information is being updated fairly frequently and like the others his news all dealt with legislations or committees is was actively working on. He did have an article, however, about bipartisan cooperation in oil and gas price discussions. Lastly, Lott's press release section was less cluttered with only one release displayed and a button to see more. He also had a link to his weekly radio address w hich according to the website he has been doing a weekly address since 1973. Of the four web pages Lott had the least partisan information portrayed on the main page. All four Congressmen have lengthy biographies posted on their websites explaining in detail the professional lives as well as their background and family information. Wicker has an extensive photo gallery. Lewis has the shortest biography of the four congressmen. One thing I did not like is the first paragraph spoke about his personal insurance business; ever the salesman I suppose. His photo gallery was set up nicely with different headings to select from which made it very neatly organized. Lott's biography was nicely laid out with his main headings labeled. This allows the readers to scan through for the particular area they are seeking. Lott only had one photo, his official Senate photo. Spector's biography was also nicely laid out clear and concise with nice visual representations. Spector also had no photo gallery which made me question if it was a Senate mandated, a Senate unofficial mandate or just a coincidence. Of the total appearance of the websites, by far, the most appealing was that of Lott. He had much better use of space. The pages did not seem as cluttered as that of Wicker and Lewis. Spector's page was laid out well too,

Saturday, September 21, 2019

Ecofeminism in the 21st Century Essay Example for Free

Ecofeminism in the 21st Century Essay Ecofeminism in the Twenty-First Century. by Susan Buckingham Introduction Since ecofeminism was developed as a concept in the 1970s (1), there have been, arguably, major policy shifts in the fields of gender (in)equality and environmental sustainability. Thus a consideration of the achievements of, and work outstanding for, ecological feminism is warranted. In this paper, I will assess the changing policy landscape to explore the extent to which this has structurally altered gender inequalities and societies treatment of the environment, and the imbrication of these wo processes. In order to do so, I will look at the rising profile of gender mainstreaming at the international, European Union (2) and European national level; the application of the feminism debate to environmental concerns; and the shifting of the radical edge of ecofeminism, to explore future possible trajectories (see, for example, Plumwood 2003; Seager 2003). To some extent, I will suggest that the transformation of policy and development rhetoric to include gender, as distinct from womens issues (itself, arguably, a post-feminist dilution of womens equality), masks fundamental attachment to business-as-usual, where social roles, pay differentials, political representation and environmental degradation remain little changed. However, there is, I argue, sufficient evidence to identify the influence of ecofeminist thinking on major policy initiatives concerning the relationship between women, men and environment at a variety of scales. The central question of this paper, then, is whether ecofeminism (as a distinct discourse, or as an amalgam of feminism and environmentalism constructed in different times and places in different ways) has hanged the way in which Western society articulates the relationship between men, women and the environment. This, of course, is a problematic and speculative exercise and will follow from an analysis of how discourse and practice themselves have changed. This paper will consider key changes to gender equality as it is linked to environmental sustainability, and explore how womens/feminists interests have helped to shape the environmental debate in the past decade. I will try to unpick dominant discourses which, on the one hand, are beginning to naturalize (some ould say neutralize) environmental concerns (where the terms sustainable development and environmental sustainability are common currency but poorly understood to the point of being anodyne), but on the other hand are marginalizing feminism, to examine the impact of this on ecofeminism. Finally, I will explore the territory of ecofeminisms leading/radical edge to speculate on where this may take both conceptual understanding and policy in the future. First, however, to put this discussion into context, I will briefly review ecofeminist arguments to illustrate their ange, before focusing on the constructivist approach, which has had the most traction in gender/environment debates in the last two decades. Ecofeminist approaches It is tempting to use a retrospective to try to impose some sort of order on past intellectual activity, and what I am attempting to do first in this article is to explore whether there is an intellectual trajectory, through a not necessarily coherent body of thinking and writing on gender and environment in the late twentieth century. In teasing out the possible relationship between womens position, gender anage the environment, ecofeminist writers in the 1970s and 1980s explored the relative importance of essentialism and social construction in these relationships. The social constructivist analyses (which tended to dominate French and British writing; see, for example, Mellor 1992) drew from the Marxist and social feminist literature to show how womens position in society (as, for example, carers of children and other vulnerable family members, domestic workers, and low paid/status workers) derived from prevailing social and economic structures, which exposed them to a particular set of environmental incivilities. The specifically ecofeminist argument here proposed that, since the same social and economic structures also produced wide-scale environmental damage, then women could, in some sense, share this experience and were therefore better placed to argue on natures behalf. The essentialist argument that underpinned some of the North American and Australian analyses proposed that women had a particular relationship with nature by virtue of their biology (predominantly as actual or potential child bearers) and that this proximity to nature qualified them to speak more eloquently on natures behalf see, for example, Spretnak 1989; Daly 1978). Different authors drew on each position to different degrees, and much of the critique of ecofeminism (well articulated in Biehl 1991) over the past 20 years has focused on the problems perceived with essentialism, and on the validity of a shared experience between the human and non-human. Dennis Smith (2001), in discussing the role of gender in peace and conflict, has argued that essentialism is often used as a tool to mobilize a group around a perceived characteristic which sets it apart, and, certainly, cultural ecofeminism (prioritizing essentialist arguments) did so. Its strength was to demonstrate the possibility of a way of thinking and being which reversed the normal hierarchy in which men stood at the peak; however, little academic feminist environmental thinking is currently framed in this way.

Friday, September 20, 2019

The Definition And Essence Of F O B Contract

The Definition And Essence Of F O B Contract A seller f.o.b. performs his obligation by putting the goods which conform to the contract onboard the ship at his expense. The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ships rail. Moreover, there are various types of f.o.b. contract, and for the sake convenience, they have been grouped under three major headings which depend on the intention of parties as decided by the terms of contract and the surrounding circumstances. It is in the first place directed exclusively to the elaboration of the first of the two basic features of the f.o.b. contract mentioned earlier, namely, to the division of costs and responsibilities which putting goods free on board may actually entail in various instances. For this reason they have been termed respectively the strict or classic f.o.b. contract, the f.o.b. contract with additional services and the f.o.b. contract (buyer contracting with carrier). The definition of F.O.B. It is difficult to define a FOB contract because there are many different variants: Devlin J.  [1]  explains the FOB contract as a flexible instrument. The main obligations of the parties to an FOB contract were described judicially in Wimble, Sons and Co v Rosenberg.  [2]  The seller must put on board ship goods which conform to the contract a must pay all charges in connection with loading. The seller is not obliged to book shipping space in advance; the buyer must nominate the ship to carry the goods and notify the seller of the nomination in time to allow the seller to deliver the goods on board. The costs of carriage are for the buyers account. The essence of F.O.B. Contract It is not easy to state in general terms the duties of an f.o.b. seller, for the obvious reason that they vary according to the type of f.o.b. contract in question. A further difficulty in discussing the duties of the seller results from the fact that shipment under an f.o.b. contract is in many respects a collaborative enterprise, involving co-operation between buyer and seller. It can, however, be said that the principal duties normally undertaken by an f.o.b. seller are to put goods which conform with the contract on board the ship in accordance with the shipping instructions (if any) received from the buyer, and the buyer are to bear the expense of doing so. Additional duties may, of course, be undertaken in the contract.  [3]   When looking at the various judicial pronouncements that have attempted to define the f.o.b. term, one statement may be struck by the general term in which they are implicit. One of the earliest is probably Stock v Inglis  [4]  a case dealt with specific goods, where it was stated: If the goods dealt with by the contract were specific goods, it is not denied but that the words free on board, according to the general understanding of merchants, would mean more than merely that the shipper was to put them on board at his expense; they would mean that he was to put them on board at his expense on account of the person for whom they were shipped; and in that case the goods so put on board under a contract would be at the risk of the buyer whether they were lost or not on the voyage. Now that is the meaning of those words free on board in a contract with regard to specific goods, and in that case the goods are that the purchasers risk, even though the payment is not to be made on the delivery of the goods on board, but at some other time, and although the bill of lading is sent forward by the seller with documents attached, in order that the goods shall not be finally delivered to the purchaser until he has accepted the bills or paid cash.  [5]   Almost a century later Lord C.J. similarly stated in J. Raymond Wilson Co. Ltd. v. N. Scratchard Ltd.  [6]  that the f.o.b. term has: For a long time, certainly more than one hundred years, had a well-known meaning, and if a party sells goods free on board, the meaning is that he has to put the goods on board and to pay the expense of doing so, and delivery is made and the goods are at the risk of the buyer when they are on board, the expense having been paid by the seller.  [7]   Looking in both these judgments, there are two characteristics of the f.o.b. terms, which can be summarized as follows: â‚ ¬Ã‚  the seller must pay the cost and bear the responsibility of putting goods free on board , in other words, bear the full liability for the cost and safety of the goods until the point of their passing the ships rail, and that upon this being accomplished delivery is complete and the risk of loss in the goods is there and then transferred to the buyer.  [8]   However, the above cited definitions are only directed to the essential features of the f.o.b. term. They do not include an extensive or detailed examination of a variety of marginal responsibilities of which many have been the subject of dispute and even litigation between parties to f.o.b. sales. For example, they do not indicate whether an obligation, monetary or other, which relates to the shipment of the goods, that must be complied with before the goods can in fact be loaded, is for the buyers or for the sellers account.  [9]  In the absence of express contractual stipulations, judicial interpretations have had to rely on usage or custom and by implication attempt to ascertain what the intention of the parties with respect to performance must have been. Furthermore, there are various types of f.o.b. contracts, and for the benefit of convenience, they have been divided into three groups. The variations appear in the other incidents of the relationship between the parties depend upon the terms of the contract and the surrounding circumstances.  [10]  The first type is the strict or classic f.o.b. contract. The second is the f.o.b. contract with additional services. The last type may be described as the f.o.b. contract (buyer contracting with carrier).  [11]   Type of F.O.B. clauses Schmitthoff states that the term f.o.b. is used in transactions of different character and the responsibilities which arise under the clause differ according to the nature of the transactions in which the term occurs. The incidental obligations which the term f.o.b. implies have to be ascertained by an analysis of the express or implied intention of the parties. A distinction of considerable practical importance is that between three types of f.o.b. contracts, and, it depends on the parties which of these types are used.  [12]   The first type is the strict or classic f.o.b. contract. Schmitthoff explains this type of f.o.b. in the following term. He said: Under this arrangement the buyer has to nominate a suitable ship. When it arrives in the port of shipment, the seller places the goods on board under a contract of carriage by sea which he has made with the carrier, but this contract is made for the account of the buyer. The seller receives the bill of lading which normally shows him as consignor and is to his order, and he transfers it to the buyer. Marine insurance is normally arranged by the buyer directly, if he wishes to insure, but he may also ask the seller to arrange marine insurance for the buyers account.  [13]   The second type is the f.o.b. contract with additional services. Schmitthoff notes that: Under this arrangement the shipping and insurance arrangements are made by the seller, but this is done for the account of the buyer. In this type of f.o.b. contract the buyer is not under an obligation to nominate a suitable ship but the nomination is done by the seller. Again, as in contracts of the first type, the seller enters into a contract with the carrier by sea, places the goods on board ship and transfers the bill of lading to the buyer.  [14]   The third type may be described as the f.o.b. contract (buyer contracting with carrier). Schmitthoff states that: Here the buyer himself enters into a contract of carriage by sea directly or through an agent, e.g. a forwarder. Naturally the buyer has nominated the ship, and when it calls on the port of shipment, the seller puts the goods on board. The bill of lading goes directly to the buyer and does not pass through the sellers hands.  [15]   Consequently, in f.o.b. contract of the first and third type the buyer has the duty to nominate the ship, but in the second type this duty rests with the seller.  [16]  Furthermore, in contracts of the first and second type the seller is in contractual relationship with the sea carrier, and for this reason the second type has been described as a variant of the first type.  [17]  However, for the third type it is the duty of the buyer who may make the contract of carriage by sea with the carrier and the seller is not a party in this contract.  [18]   The Duties of the Parties The f.o.b. term is very flexible. Therefore, the duties of the parties between three types of f.o.b. contract subjects to the intention of the parties and the surrounding circumstances which of these types is used.  [19]   1) Nomination of Vessel The obligation to nominate the vessel can be placed on the seller or the buyer. However, unless agreed otherwise, this duty in f.o.b. contract is on the buyer.  [20]  Hence, in this case the buyer has to nominate an effective vessel in which he has booked shipment space. The buyer also has the duty to inform the seller of the name of the ship and the date when the vessel will be available for loading.  [21]  The nomination must be notified to the seller to give the seller sufficient time to put the goods on board a ship nominated by the buyer. If the buyer fails to nominate an effective vessel is a breach of contract, the seller is entitled to claim damages for breaching of the contract. Nevertheless, the seller will not be able to claim the purchase price if the buyer has not nominated an effective ship because the ownership in the goods will remain with the seller. In Colley Overseas Exporters  [22]  the seller was only entitled to damages, and not to the purchase price since the buyer failed to name a ship so property in the goods still remain with the seller and never passed to the buyer.  [23]  As a result of this uncertainty, the seller is advised to insist upon a contract clause requiring the purchase price to become due on a fixed date, whether a suitable vessel has been named or not.  [24]   Some f.o.b. contracts need the purchasers notification of the vessels nomination and readiness to receive delivery of the goods is given to the seller in advance of delivery. Then, if the buyer fails nominate a vessel on time means he is in breach of the contract, and the seller may refuse to deliver the goods on board, in Bunge Corp. v Tradax Export S.A.  [25]  was held that: The court will require precise compliance with stipulations as to time, wherever the circumstances of the case indicate that this would fulfil the intention of the partiesà ¢Ã¢â€š ¬Ã‚ ¦ And that: It is clearly essential that both buyer and sellerà ¢Ã¢â€š ¬Ã‚ ¦ should know precisely what their obligations are, most especially because the ability of the seller to fulfil his obligation may well be totally dependent on punctual performance by the buyer. Schmitthoff states that the buyer has the duty to nominate a vessel in a strict f.o.b. contract and an f.o.b. (buyer contracting with carrier) contract. However, this duty is not necessarily for him in f.o.b. contracts with additional services since in this type of contract he may leave the choice of the ship to the seller.  [26]   2) Substitute Vessel Time of nomination is usually of the essence of the f.o.b.contract. Therefore, if the nominated ship is withdrawn or the nomination fails for some other reason, the buyer is obliged to name a substitute vessel, on condition that loading can be accomplished within the contract period.  [27]  This was so held in Agricultores Federados Argentinos v. Ampro S.A.  [28]  .Consequently, it means that if the buyers first nomination fails and the original vessel becomes unavailable for any reason, a substitute vessel may still be nominated by the buyer, provided loading can be completed within the contract period.  [29]  Moreover, the purchaser must respond any additional expense caused by the substitution. 3) The Duty to Obtain an Export License Normally the duty to obtain an export license is on the seller since he is in the better position to do so and the language of the contract or the surrounding circumstances may indicate that the seller was intended to assume this duty.  [30]  On the other hand, if he does not, there is no rule about who should have the duty to procure an export license under an f.o.b. contract. Each case must be determined on its own fact and situation. In H.O. Brandt Co Ltd. v H.N. Morris Ltd  [31]  the Court of Appeal held that the obligation of applying for and obtaining an export license lay with the buyers rather than the sellers and Scrutton L.J. observed that: the buyers were under a duty to provide an effective vessel that is to say a vessel, which can legally carry the goods. If this is so the obtaining of a license is the buyers concern. It is their concern to have the vessel sent out of the country after the goods have been put on board and the fact that a prohibition against export includes a prohibition against bringing the goods to the port or other place for exportation does not cast a duty of obtaining a license on the sellers. Bringing the goods on to the port is merely subsidiary to the export, which is the gist of the license. On the other hand, in A.V. Pound Co Ltd. v M. W. Hardy Co. Inc.  [32]  , by the House of Lords was held that in the circumstances of the case the duty to secure the export license was cast on the sellers and not on the buyers. Accordingly, it is obvious that duty to secure an export license will depend upon the circumstances of each case that it shall be obtained by the seller or the buyer. 4) Transfer of Property Under the ships rail rule is explained that for the f.o.b. contract there is a presumption that the passing of property to the buyer occurs when the goods pass the ships rail, but this remains subject to any express indication by the parties that they intend the passing of the property can occur at a different time under the Sale of Goods Act 1979, s.17. According to the above rule, there is the legal notion is applied despite the fact that some period before passing the ships rail it will have become impractical for the seller to recall and substitute the goods. In Pyrene v Scindia Navigation Co. Ltd. [1954]  [33]  , said: à ¢Ã¢â€š ¬Ã‚ ¦a fire tender was damaged during the loading process immediately before it had crossed the ships rail. The property in the soods remained with the seller at the time they were damaged even though, in reality, the seller could not by then have halted the loading to call the fire tender back to shore to substitute it with another. 5) Transfer of Risk In f.o.b. contract Goode notes to the passing of risk of the goods that the risk passes to the buyer on shipment even though the seller has retained the bill of lading, or has had it made out to his own order to secure the price, and even if he intended to reserve a right of disposal.  [34]   Conclusion

Thursday, September 19, 2019

African American Slang Essay -- Communication Language Essays

African American Slang African American Slang has had many other names: Ebonics, Jive, Black English, and more. The Oxford English Dictionary defines slang (in reference to language) in three different ways: 1) the special vocabulary used by any set of persons of a low or disreputable character; language of a low and vulgar type 2) the special vocabulary or phraseology of a particular calling or profession; the cant or jargon of a certain class or period 3) language of a highly colloquial type, considered as below the level of standard educated speech, and consisting either of new words or of current words employed in some special sense. Whatever one’s perspective on slang, it is a natural and inevitable part of language. In this paper I will discuss examples of current slang being used that some people may not understand. The African influence of American English can be found as far back as the Seventeenth century. Although its influence may have began that far back, the influence of African American slang has arguably reached its peak (so far) in the last half on the 20th century. Evidence of this can be seen in magazines, music, television, and films. Perhaps more importantly, evidence can be seen in the way that people of ethnic groups, other than African American, have changed their speech due to this influence. The Equal Rights Movement lead to a paradigm shift in African American linguistic consciousness due to Black intellectuals, scholars, activists, artists, and writers deliberately engaging in a search for a way to express Black identity and the particular circumstances of African American life. Although there had been strides in Black pride in the past, this was the first one to call for linguistic Black p... ...at this is a desired result. Ebonics is a fun variation on the standard, and as stated in the beginning of this paper, Ebonics has an influence; many would say a positive one, on the mainstream dialect. Works Cited Green, Jonathon. The Cassell Dictionary of Slang. London: Cassell, 1998. Klein, Ernest. A Comprehensive Etymological Dictionary of the English Language.Volume 1 A-K. Amsterdam: Elsevier Publishing Company, 1966. Major, Clarence. Dictionary of Afro-American Slang. New York: International Publishers, 1970. New York - - -. Juba to Jive: A Dictionary of African American Slang. London: Penguin Books, 2000. Oxford English Dictionary Online. 2nd ed. May 2001. http://www.oed.com Scotti, Anna and Paul Young. Buzz Words New York: St. Martin’s Press, 1997. Smitherman, Geneva. Black Talk. 2nd ed. Boston: Houghton Mifflin Company, 2000.

Wednesday, September 18, 2019

The Son of God in Milton’s Paradise Lost: Taking One for the Team Essay

The Son of God in Milton’s Paradise Lost: Taking One for the Team Among those familiar with the Judeo-Christian belief system, Jesus is normally accepted as a selfless figure, one who became human, suffered, and was put to death out of divine love for humanity. In his portrayal of the Son of God in Paradise Lost, John Milton does not necessarily disagree with the devotion or love present in the Son. His characterization of the Son does not oppose this tradition; rather, it is simply different. By Milton’s portrayal, the Son has an acute craving for attention, a desire for gory revenge over Death, and an appetite for glory. Furthermore, while the Son, after accepting the task of becoming mortal and dying to save Adam’s descendants, receives plenty of specific praise from his father (â€Å" ‘thou... hast been found by merit more than birthright Son of God’†(3.308-9)) and from the narrator (â€Å"[he] breathed immortal love to mortal men† (3.267-8)), he builds up the ramifications of his sacrifice even more in his own language. Such language from the Son comes across as not only grandiose, but even narcissistic at times. The Son of God’s speech betrays narcissism not only in its visual language (that is, the images depicted in the speech), but also in its emphasis on drawing the attention of the angels and future humans to himself. The Father precipitates his Son’s not-quite-selfless speech by musing before all the angels who might actually undertake the doubtlessly miserable task of becoming human, suffering, and dying for the sake of Adam and his descendants. â€Å" ‘Where shall we find such love,’† he wonders,â€Å" ‘[where] in all heaven charity so dear?’† (3.213-6) The implication of such language is that becoming mortal is such a chore, ... ...th the redeemed would complete the Father’s vision. Perhaps this is true in the context of Paradise Lost, but for the Son himself to say so (rather than, say, the narrator) serves no purpose but to boast of his own importance and high place in his Father’s heart. Lastly, we can look at the angels’ reaction to the Son’s acceptance speech. The narrator tells us that â€Å"admiration seized all heaven†Ã¢â‚¬â„¢ (3.271-2). The Son has, in that case, prompted the reaction for which he had aimed. He wanted the admiration and the attention. It is important to notice that, at this point, such admiration is not for the Father’s grace or mercy but rather for the Son, the bringer of said grace and mercy. The Son has succeeded, then, in diverting the attention from the message to the messenger. In true narcissistic fashion, he has made it perfectly clear who the star of this production is.

Tuesday, September 17, 2019

The Differences of Bush and Clinton as Presidents

â€Å"As a traditional upper-class Republican conservative, Bush was a cheerleader for American consumer capitalism and promoted globalization of American-produced products in a â€Å"New World Order† safeguarded by the Reagan Doctrine and arms sales to client countries. However, neither Bush nor Secretary of State Baker had â€Å"the vision thing† and instead remained pragmatic caretakers of the Reagan Revolution. The economic recession 1990-92, white collar downsizing, the loss of 2 million jobs, the need to raise taxes to pay for the Reagan deficit, and a hostile Congress controlled by the Democratic Party prevented the realization of the new order.† In 1989, Bush stopped the sales of weapons to the Republic of China because a revolt was triggering between the government of China and its people that there was a lot killed in Tiananmen Square. In 1990, the President was in favor of increasing the taxes paid by the employees so that they can cope up with the increasing debts of U.S. but with this, his popularity started to sink because people knew that he was against it. Several other factors were key in his defeat, including siding with Congressional Democrats in 1990 to raise taxes despite his famous â€Å"Read my lips: No new taxes† pledge not to institute any new taxes (Wikipedia, 2005). That was one of the reasons why he was not re-elected as president. William Jefferson Clinton became the 42nd President of the United States since 1993 until 2001. He was elected as the president twice but on his second term he was for impeachment. According to Wikipedia 2005: â€Å"During his tenure as president, his domestic priorities included efforts to create a universal healthcare system, upgrade education, to restrict handgun sales, to strengthen environmental regulations, to improve race relations, and to protect the jobs of workers during pregnancy or medical emergency. His domestic agenda also included more conservative themes such as reforming welfare programs, expanding the â€Å"War on Drugs†, and increasing law enforcement funding. Internationally, his priorities included reducing trade barriers, preventing nuclear proliferation, and mediating the Northern Ireland peace process and Israeli-Palestinian conflicts.† What is fact and what is a bias opinion as it relates to the two administrations? There was a statistics made by Ackman (2004) on the relation of the president's performance during their term. As summarized, Bush was ranked the least because of his poor performance. And Clinton was ranked higher that Bush because he performed well during his term especially his first term. According to Ackman (2004): â€Å"Clinton's two terms in office (1993-2001) were marked by strong numbers for gross domestic product (GDP) and employment growth and especially for deficit reduction.† â€Å"The key to Clinton's success, says Alice Rivlin, a Brookings Institution scholar who served as his director of management and budget, was adhering to the â€Å"pay/go† agreement first forged by President George H. W. Bush and a Democratic Congress, whereby tax cuts or entitlement increases had to be funded on a current basis. She says Clinton raised taxes at just the right time–when incomes were starting to rise after years of stagnation–leading to a surge of receipts. The result was the smallest government in terms of its percentage of GDP since Johnson, and the first substantial budget surpluses since Harry S. Truman. † How the public viewed Clinton and Bush both pro and con? During the term of Bush, people hoped for security and prosperity and he was able to attain the security but a slight below of the progress maybe because of his concentration on the foreign policy. As according to the online source, http://americanhistory.si.edu/presidency/timeline/pres_era/3_701.html: â€Å"Bush proved most sure-footed in foreign policy, where, according to one observer, he proved a master of both â€Å"timing and substance.† More widely traveled than any other President, he managed the policy transitions prompted by the collapse of the Soviet Union and the end of the Cold War. Perhaps his greatest success was the alliance he crafted to thwart Iraq's forceful takeover of Kuwait in 1990.† During the first term of Clinton, he won the masses because he worked hard and implemented some of his platforms but then there were some objections on his other decisions. Such examples are, based on Wikipedia (2005): â€Å"Shortly after taking office, Clinton fulfilled a campaign promise by signing the Family and Medical Leave Act of 1993, which required large employers to allow their employees to take unpaid leave because of pregnancy or serious medical condition. While this action was popular, Clinton's initial reluctance to fulfill another campaign promise relating to the acceptance of openly homosexual members of the military garnered criticism from both the left (for being too tentative in promoting gay rights) and the right (for being too insensitive to military life). After much debate, Clinton implemented the â€Å"Don't ask, don't tell† policy, which remains official military policy.† Did the media treat them each fairly and without bias? With President George H. W. Bush, the media treated him fairly during his administration. Regarding the taxes he imposed, the public did not clearly understand the reason for increasing and adding the tax that was one of the concerns of the people, they relied on the media's information but not directly to the authorized personnel. With President Bill Clinton, the media did treat him fairly during his administration and how he handle his office but then when news about his affair with Monica Lewinsky, he was not treated fairly, they judged them on what they think is due to him without due process that was one of the reason why his popularity had dropped. But even if he was under hot situation he did not leave his office, he continued to work and he proved that his personal life will not affect his service to the people. What legacy did and will they each leave? During the term of Bush, major event has happened with the help of the United States such as the Tiananmen Square where he stopped the sales of weapons because of the civil war. The fall of Berlin Wall, this was participated by different countries including the U.S. And most especially the Gulf War where in they initiated the attacked of American to Iraq for trying to invade Kuwait. The last legacy during his term that he left was he organized the â€Å"North American Free Trade Agreement† but it was Clinton, during his term that it was signed. The most important item on Clinton's legislative agenda, however, was a complex health care reform plan, the result of a task force headed by Hillary Clinton, aimed at achieving universal coverage (Wikipedia, 2005). The health care program will benefit most of the Americans but insurances and some traditionalists do not like the idea of this reform plan. The economy improved because unemployment were reduced, the stock market raised and the employees income were raised. But then, it will also be noted that Clinton was the 2nd President who went through impeachment because of what happened between him and one of his staff â€Å"Monica Lewinsky†. At first he denied it but soon he accepted it and asked for the people's mercy.

Monday, September 16, 2019

Should a Pregnant Woman Be Punished for Exposing Her Fetus to Risk?

In some ethical and legal respects a pregnant woman and her fetus can be considered separate. Both the woman and the fetus are ordinarily affected by the well-being of one another for as long as each of them live. The ethical and legal issues are challenged deeply in cases where the well-being of the fetus and the mother appear to be in conflict.Our society struggles with identifying cases where the pregnant woman’s interests and/or behaviors might put her fetus at risk. Criminal and/or civil commitments should be used to bar pregnant women from exposing their fetuses to risk. The state of Wisconsin enacted a statute allowing pregnant women whose habitual drinking exposes a fetus to substantial risks of physical harm to be taken into custody and undergo involuntary patient alcohol treatment.Other states have proposed or enacted bills that respond to women who expose a fetus to the harms of alcohol in pregnancy by means such as requiring involuntary civil commitment of the woma n, requiring health practitioners to report newborns demonstrating prenatal exposure, expanding definitions of child neglect to include neonatal harm or prenatal damage to a child, and defining such acts as criminal mistreatment in the first degree. 2 There have been many efforts to restrain women from exposing their fetuses to damaging drugs, specifically cocaine, by applying law enforcement measures.In the prominent case of Whitner vs. State of South Carolina (1997), Cornelia Whitner was charged with criminal child neglect for exposing her fetus to cocaine. She was sentenced by a South Carolina court to eight years in prison. Her viable fetus was found to be protected under the state’s child endangerment statute. South Carolina currently remains the first and only state whose law recognizes the viable fetus as a person and accordingly permits criminal prosecution of women for endangerment of a fetus.Another prominent case that was reviewed by the U.S. Supreme Court was Ferg uson vs. City of Charleston (2001). In 1989, a public hospital in Charleston, South Carolina began implementing a policy to randomly test women for drugs who came for prenatal care or delivery without their informed consent. If the women tested positive, they were arrested and not given the opportunity to seek drug treatment. In 1990, the policy was modified to allow the women to avoid being arrested if they entered into a drug treatment program, attended all their counseling appointments, and passed all their subsequent drug tests.Ten women tested positive for cocaine were arrested and responded by suing the hospital and the state. In 2001, the U. S. Supreme Court ruled in favor of the women because the tests were administered without their consent. Drug and alcohol addictions are illnesses that require some type of effective treatment to overcome them. I believe that women don’t intentionally expose their fetuses to drug or alcohol abuse, but if it happens, I believe the pr oblem needs to be identified and addressed immediately because obviously there is a problem.In my opinion, I believe that women should be punished for exposing their fetuses to drug and alcohol abuse. The fetuses are innocent and shouldn’t have to suffer on the ignorance of their mother. I think that treatment should be offered and monitored frequently. If the program is not followed by the pregnant woman, then she should not be allowed the opportunity to raise the child until she has proven that she will provide a safe and drug-free environment for the child.

Sunday, September 15, 2019

Ethical Perspective Essay

We all like to believe that we can work in an atmosphere where no problems would arise where we would need to contact our superiors at the job. In some places this may be the case but there are workplaces that exist where this is not always the case. When a situation is to arise, what would be the proper thing to do? Should we get HR involved or keep it at a level where we can handle things on our own. In the Ethic Games stimulation we are asked to put ourselves in the decision making process of what the right thing to do is. A manager would need to know the correct way to handle situations that occur in the workplace between all of their employees. The mysterious rose case was one of confidentiality and how to keep information private regarding the employee, Gayle, receiving rose from an unknown source. The employee that have been sending the flowers has made me aware of the situation and does not see a problem because he sees it as him bringing good cheer to someone. This situation could be a possible case of harassment on the part of the anonymous employee due to the fact that the delivery seems to create a problem for Gayle. She is concerned that someone may be trying to get her attention and she does not want that to happen, so she sees this as a problem. The problem is that I know that I cannot promise her complete confidentiality because the situation may interfere with the company policy on employee interactions. The simulation took me through a series of steps to guide me on how to look at the situation from different ethical lenses. Identifying the rights and responsibilities and results of all that are involved would be my first lenses to look at. I took different approaches than what the simulation suggested but the end result was me letting her know that she could meet with me to discuss the situation and that she should review the company handbook to give her more insight on our harassment policies and so she would understand why I could not guarantee complete confidentiality. In regards to the case of the cold feet, the second stimulation had to do with falsifying information in a report. This notion was exposed by two employee reports that seemed to conflict. Falsifying information in any type of situation would never be accepted no matter the reason. It is in no way, shape, or form showing good sources of ethical moral, especially being that this is transpiring in the workplace. As a superior I would need to speak with the source that is falsifying the material, as well as the source that discovered the conflict in the work. I would appreciate the explanation as to why the material was altered in the first place and alth ough no answer would be acceptable, I would still like to know the reason behind such wrongdoing. As a superior of this employee I would either (depending on the circumstance) place the employee on a strict temporary probation, a suspension, or even possibly terminate them. Falsifying any type of information or data can be considered as a serious ethical issue. People do it for various reasons, but most do it because they feel as though it would benefit the company that they work for, or cause them to receive good reviews of their progress with work and for the organization to invest in them. In my workplace, falsifying information is a big concern. I work with over a thousand different banks, credit unions, and financial organizations. All in a day’s work I am exposed to an exponential amount of data that is personal and sensitive, such as account numbers, social security numbers, address’, names, and phone numbers. If any of this information is to be compromised with, altered, or used for any personal reasons would immediately result in termination. We want to have a personal relationship filled with trust for each and every one of our consumers. This effect will make each consumer feel comfortable and safe doing business with us, as well as keeping the company flowing in a positive manner. In closing, I have found that the two simulations that I have analyzed can be utilized to guide someone in actual real life situations. For any person in a managerial position, I am sure that making decisions like this in these particular situations would be difficult, and it usually takes a strong person to come to the right decisions that they believe is in the best interest of the company. Decisions are made daily to what the right thing to do in all situations, the business world does not a pass just because those decisions may not be what is best for the business. References EthicsGame.com, LLC. (n.d.). The Ethics Game: The Mysterious Rose and The Cold Feet [Multimedia]. Retrieved from EthicsGame.com, LLC, ETH 316 website.

Saturday, September 14, 2019

Adaptation of Radio over Fiber Technology Essay

1.1 Introduction Electronic communication sector is one of the most changing fields in the present world. Mobile communication evaluation happens rapidly within few years. First generation (1G), second generation (2G) and third generation (3G) are developed within two decades. Fourth generation (4G) research is ongoing project. The increasing demand of capacity and coverage leads more research and development of new technologies to meet with satisfactory performances. See more: Is the Importance of being earnest a satirical play essay Radio over Fiber technology (RoF) is one of the outcomes of such research with combination of fundamental and featured equipments and communication devices. RoF system are now being used extensively for enhanced cellular coverage both indoor like shopping malls, airport terminal and outdoors. RoF is fundamentally an analog transmission system like other wireless system because it distributes the radio waveform, directly at the radio carrier frequency from a central unit to a Radio Access Point (RAP). 1.2 Objectives Objective of this research is to simulate Radio over Fiber for third generation (3G) standard WCDMA system using MATLAB Simulink for microcellular mobile communication system. To achieve this objective various simulink are developed. AWGN channel, Rayleigh channel, Rician channel, optical fiber gain, modulation techniques like BPSK, QPSK and QAM etc are represented with block sets with having its standard parameters. Other parameters like fiber installation, antenna sections, receiver performance kept steady as its normal mode for simulation based study of Radio over Fiber technology. 1.3 Background Problem Radio link of wireless communication suffers from several problems. Atmospheric absorption of radio signal causes a huge distortion in the directional point to point link. Noise and scattering signal is the main hindrance of establishing a radio link. A huge amount of power and a combination of several bulky and expensive equipment is needed to form a radio link. They are vulnerable and not immune to natural calamity. Overall performance is not satisfactory to stand against the increasing global demand of wireless communication. So, a change in network architecture is necessary to feed up with a solution for this problem.

The Optimist’s Daughter

The old saying â€Å"The home is where the heart is† takes on a special meaning in Eudora Welty's, The Optimist's Daughter. In this short novel, the death of Judge McKelva prompts Laurel and Fay, who are his daughter and wife, to connect with their own homes. A home is a place where one can restore themselves because it gives one a sense of comfort. Home is where people generally feel accepted, regardless of their moods, feelings, or decisions. It is a safe haven where both Laurel and Fay can be truthful with themselves and one another. In other words, home is the obvious place to go when in a time of crisis and change. For Laurel, the town of Mount Salus is her home. For Fay, home is in the town of Madrid, where her extended family likely meets the same needs for Fay as the house does for Laurel. When reviewing the events of Eudora Welty's life at the time of writing this novel, it will also become clear that, for Welty, home is both Mississippi and her writing. Laurel is a grown woman, living in Chicago, who returns to her hometown of Mount Salus, Mississippi, when her father dies. While it may seem that Chicago is now her permanent home, the reader soon realizes that the house in which she was raised in still very much indeed her home. When Fay decides to stay with her family for a few days after the funeral, Laurel has the opportunity to spend some time alone in the house before Fay takes full possession of it. In her privacy and silence, Laurel begins to grieve more seriously than she did while in public at the funeral. There are objects in the house, such as the clock, books, letters, and her father's desk, that bring back memories that are intimately attached to one or both of her parents. She becomes sad because the clock has stopped, and she knows this for a fact because nobody has wound it since her father last fixed it (Welty 73). Although it may seem like a minor detail, this stopped clock signifies both her father's absence and the reality that her time with her family and in her home has come to an end. Her grief is projected onto household objects because they represent the life she once cherished. Similarly, the books remind her of her parents' habit of reading to each other, a precious memory that she both savors and grieves over. In one passage, Laurel blends her memories of the books with the overall feeling of family, which, she feels, infuses the house. She ran her finger in a loving track across Eric Brighteyes and Jane Eyre, The Last Days of Pompeii and Carry On, Jeeves. Shoulder to shoulder, they had long since made their own family. For every book here she had heard their voices, father's and mother's† (Welty 118). Laurel also feels a connection to the house, and thus to her past, in household activities such as gardening. Her mother was an avid gardener (Welty 53), and her father tended to the flowers after his wife's passing, so it is fitting that, as part of Laurel's process of connecting with her past, she should take up the task one last time. The activity of gardening helps her to feel comfortable and close to her parents, as she participates in the rhythm of the household as she remembers it. On another level, Laurel is tending her own â€Å"inner garden† in the sense that she is connecting with her own identity. Her mother loved flowers so much that she named her daughter after one, and now that the mother is dead, the daughter is caring for the mother's flowers (Welty 27). In the house, Laurel finds herself so deeply in touch with her past that she can actually hear the voices of the people she has loved and lost. She hears her mother's voice when she is in the garden, â€Å"Laurel went on pulling weeds. Her mother's voice came back with each weed she reached for, and its name with it. ‘Ironweed. ‘ ‘Just chickweed. ‘ ‘Here comes that miserable old vine! ‘† (Welty 107). Later, in a moment of remembering the pain she felt when she lost her husband in World War II, Laurel hears his voice grieving for their lost future together. Welty writes, † ‘I wanted it! ‘ Phil cried. His voice rose with the wind in the night and went around the house and around the house. It became a roar. ‘I wanted it! ‘† (155). There is no other place besides her own home that Laurel can experience such personal revelations and be given the opportunity to confront her pain from the past and make peace with it. The bond that she has with her home is so deep that she can overcome many obstacles and emotional problems in time. Only at home is she truly able to bare her heart and hear what she needs to hear to heal herself. However, to ultimately make peace with her past and her present, she must become â€Å"one† with the significance of the house so she can take it with her wherever she goes. Incredibly, Laurel is able to do so. Fay is originally from Madrid, Texas, which is a small, low-income town. Although Welty never takes the reader to Madrid, the remarks and personalities of the Chisom family offer some idea as to what kind of place it is. It seems to lack all the charm and warmth of Laurel's hometown of Mount Salus, yet for Fay it is nonetheless her home. In Mount Salus, Fay clearly feels out of her element and becomes extremely rude and insecure. The reader can only imagine whether or not she acts the same way when she is in the comfort of her own hometown, or if she acts the same way. Nevertheless, in Fay's new community of Mount Salus, she is disrespectful, self-absorbed, and rowdy (Welty 64, 85). Fay does not appreciate the home and the possessions of her late husband than she does his friends and family. In fact, she never makes an effort to understand Laurel's grief or her need to be in the house for a few days. Fay's insistence on returning with her family for a visit after the funeral could possibly reveal that Madrid is the only place in which Fay feels secure. Fay is anxious to go back with them, insisting that she needs to be among people who â€Å"speak her language. † In other words, Fay, much like Laurel, needs to go where she feels understood either by others or by herself. In Mount Salus, Fay feels displaced, and her insecurity takes on many ugly forms, such as her tendency to disrespect Becky's memory and to deny her own family back in Madrid (Welty 152). Laurel imagines, â€Å"Very likely, making a scene was, for Fay, like home. Fay had brought scenes to the hospital-and here, to the house† (Welty 131). Laurel understands that Fay's horrible behavior is an apparent sign of her need to feel at home. Fay tries too hard to appear as though she believes that Judge McKelva's home is truly her own, but she never convinces anyone, including herself. At the time Eudora Welty wrote this story, she was grieving the loss of her mother. In fact, the reader can see that the book is dedicated to C. A. W. (Chestina Andrews Welty), which reveals that this work is closely connected to the author's own personal loss (Marrs 228). The autobiographical elements in the novel are numerous, and are especially prominent in the parallels between Becky's background and that of Welty's mother (Marrs 229). Other elements pay respect to Welty's happy childhood and the loving marriage her parents enjoyed. Through Laurel, Welty honors her mother and also works through some of the pain and the issues surrounding the death of a loving parent. Laurel's personal journey to make peace with her past in order to make sense of her future certainly mirrors the author's own struggles. Welty differs from Laurel in the sense that Laurel lives far from her hometown, while Welty lived in Mississippi, where she was born, until her death (Marrs 232). For Laurel, however, the climax of her journey comes from the house. In the absence of a house that holds all of her childhood memories, Welty wrote this book. Welty works through some of her grief in her writing, which is as meaningful to her as the house is to Laurel. Welty comments on Laurel's love of her past, â€Å"Firelight and warmth-that was what her memory gave her† (Westling 159). Laurel, Fay, and Welty are all working toward such comfort in a difficult time during the course of The Optimist's Daughter. In very difficult times, confronted with emotion and uncertainty, people often long to return to the comfort and security of their childhood homes. Fay and Laurel find the havens they need by going back to their homes. Laurel is ultimately able to take a piece of that firelight and warmth with her back to Chicago, because she has finally succeeded in making her heart and her home one.

Friday, September 13, 2019

Human Resource Planning Essay Example | Topics and Well Written Essays - 2250 words

Human Resource Planning - Essay Example It is evidently clear from the discussion that the history of tasks performed goes long back when work was conducted just for individuals’ needs and for livelihood. However, the emergence of businesses has changed the perception of work in the modern era by a substantial extent giving rise to a new concept called employment. This further raised a new paradigm in the industrial world called the Internal Labour Market (ILM) where man-made labor was given more importance than that of the machine labor. However, the scope in ILM is limited wherein wages, salaries and job roles hardly change. Furthermore, with the passage of time, the concept of Strategic HRM (SHRM) came into existence. It is in this context that HRP, as a part of SHRM ensures that the organizations make the best use of its available resources with maximum productivity. It has also been noted that HRP should be simple so that it can be easily executed with minimum chances of discontinuation. However, the process of HRP also possesses certain limitations such as its complexity and time-consuming long-term process. Nevertheless, the process of HRP is often regarded as cost-effective as it manages human resources of organizations quite efficiently. From the understanding obtained through the study, it can be summarised that recruitment is a procedural framework used in HRM practices which involves searching of potential candidates for a particular job position either from the internal business environment of the company or externally. The process of internal recruitment generally comprises of selecting candidates from the existing workforce on the basis of their performance appraisals. Similarly, selecting potential candidates from the external business scenario engages different online job sources used in the modern day scenario. It has been analyzed that the process of recruitment mainly includes the involvement of HR personnel and some other top officials of companies. The concept of internal recruitment is quite beneficial for companies as it tends to be quite cost-effective. It is also deemed as beneficial as it tends to motivate the commitment of the existing employees of the company. Along with these advantages, there are certain arguments raised against the concept of internal recruitment as well. The employees recruited for a higher post from the existing employees of the company will continue to work in the same way as he/she was performing in the lower designation. The candidate chosen might also lack fresh ideas or creativeness as he/she will be one of the existing employees. Similarly, external recruitment by advertising involves certain crucial factors such as publication choice, style, and wording, use of precise versus vague information and other vital aspects related to proper advertising which needs to be considered. Certain difficulties such as the response of the candidates and reachability to potential candidates for a particular job position play a vi tal role in processing effective external recruitment.

Thursday, September 12, 2019

Pastoral communication to the migrants (Reference to African Roman Dissertation

Pastoral communication to the migrants (Reference to African Roman Catholic ) - Dissertation Example According to Official documents of the Roman Catholic Church, 2004), â€Å"Today’s migration makes up the vastest movement of people of all times. In these last decades, the phenomenon, now involving about two hundred million individuals, has turned into a structural reality of contemporary society.† This is also a reason, accounting for the attention that the church gives to migrants. However, in order that pastors in the African Catholic Church deliver their pastoral duties successfully and in a way that ensures that the dream of the church is lived, there is the urgent need to address the issue of communication between pastors and migrants. This is because communication forms the basis of every kind of support and help given to migrants. This means that good communication can ensure success whereas bad communication would be tantamount to failure. Steele (2010) posits that â€Å"communication is a process by which information is exchanged†. This skill is essen tially important in pastoral services rendered to migrants. However, before a pastor even says ‘jack’ to communicating with migrants, there are a couple of factors to consider. In the first place, it is extremely important for the pastor to understand into detail, the cause of the migration. In Africa for instance, a lot of people migrate because of harsh economic, social and political conditions in their countries.

Wednesday, September 11, 2019

Evaluating Business Communication Paper Assignment

Evaluating Business Communication Paper - Assignment Example The various communication to managerial personnel and to the members of the accounting department were appropriate for the intended audience. The memo from John, the Accounting Team representative was also expected by the CEO, William. The leadership roles and styles in the scenario affectively established the kind of tone, the structure of the correspondence, and the manner by which the messages would be written. The memo between managers are formal and expected to be structured in a language that is familiar to personnel of managerial position. Likewise, the memo from John to the CEO aimed to be structured in a formal tone, but could still be improved. As briefly noted above, the memo sent by John to the CEO could be improved. The tone should be formal. Likewise, the entire communique should have been proofread extensively to be free from errors. From the memo that was written by John to the CEO, it was evident that there were grammatical errors (the way JJJ Company was written where the word Company was sometimes written in full, sometimes abbreviated, and at times, the abbreviated ‘Co.’ was even written in lower case). In addition, there were some statements that should not have been included (‘Beth requested all financial reports even though some of them were not required’) as the implication, with the rest of the information in the third paragraph, would be immaterial for the CEO. Also, the last statement which says: ‘If you have any questions, please contact me’ could still be improved as the structure seemed to be an order to the CEO which is not appropriate. The sender could have said, ‘If there are further queries in the disclosed information, I would be more than willing to relay it at your most convenient time’. In other correspondences, the memos were structured with some aspects similar to a business

Tuesday, September 10, 2019

Gene Essay Example | Topics and Well Written Essays - 2000 words

Gene - Essay Example will be joined with plasmids cut by the same restriction enzymes through their compatible and matching sticky ends, producing a recombinant DNA molecule, which will be inserted to an appropriate host cell. Plasmids can either be bacterial, viral, bacterial artificial chromosomes, yeast artificial chromosomes, or artificial cosmids, depending on the host organism of choice. Plasmids can also be classified based on its function, such that there is a certain set of vectors that can be used if the goal of the experiment is to only propagate the gene, as is the case for this particular study. However, vectors that allow expression of particular gene into the corresponding protein are also available as well. The growth in the population of host cells containing the recombinant DNA molecule will also result to the replication of the gene clone. As added optimizing measure, aside from the G6Pase sequence and restriction sites, the vector also contains resistance genes against antibiotics. Thus, those that do not have the recombinant DNA molecule will be killed by antibiotics, allowing the transformed cells to flourish better. When the clone is needed for further analysis, it can easily be extracted out of the cell (U.S. Department of Energy Genome Program, 2009). It is important to note that the mouse genetic material is very similar to that of humans. Thus, a known mouse G6Pase sequence can be used in hybridization as the heterologous probe in identifying the human G6Pase (McClean, 1997). How will this work? Briefly, human DNA sample will be treated with restriction enzymes to cut the long strands into smaller fragments. After doing so, the treated extract will be run through gel electrophoresis to separate the smaller fragments by weight. Then, using the mouse gene attached to a dye as heterologous probe, the strand which contains the human G6Pase will be detected and isolated. Copies of this isolated gene can be amplified through polymerase chain reaction (PCR).

Monday, September 9, 2019

Maritime Transportation Security Act Essay Example | Topics and Well Written Essays - 1500 words

Maritime Transportation Security Act - Essay Example While the attacks focused attention on our aviation system's vulnerability, it became obvious that our maritime domain needed greater attention. Besides being gateways through which dangerous materials could enter, ports are attractive targets because they are often large and sprawling, accessible by water and land, close to crowded centers, and interwoven with highways, roads, factories, and businesses (Flynn, 2004). Security is made difficult by the number of stakeholders involved in port operations, which include local, state, and federal agencies; multiple law enforcement jurisdictions; transportation and trade companies; factories and other businesses. The MTSA imposed an ambitious schedule of requirements on federal agencies and called for a comprehensive framework that included planning, personnel security, and careful monitoring of vessels, facilities, and cargo. Table 1 contains the MTSA's key security-related activities. However, "Haste makes waste", and the urgent nature of the legislative and implementation efforts of the MTSA 2002 proved this to be true (Bouchard, 2005; Ervin, 2006; Haveman et al., 2007). The MTSA 2002, through the Department of Homeland Security (DHS), gave the U.S. Coast Guard (USCG) lead responsibility for most of its requirements. Timetables for implementing the provisions were tight, and adding difficulty was the need to implement MTSA after the most extensive federal reorganization after the Second World War. Most of the 22 agencies with MTSA responsibilities were reorganized into the DHS in March 2003, less than 5 months after enactment. Some departments such as the Transportation Security Agency (TSA) were new, while others such as the USCG, Customs Service, and the Immigration and Naturalization Service were transferred from various executive departments. This recombination of organizational cultures and the need to coordinate with other agencies such as the State, Transportation, and Justice Departments introduced complex chains of command and reporting responsibilities (MTSA,2002; DHS, 2005; USCG, 2007). The deadline for implementing MTSA of July 1, 2004 was tight. Unlike other areas of critical infrastructure security where the government was unwilling to set clear mandates for the private sector and push for meaningful change, the MTSA was a catalyst for action. Unfortunately, in the face of unrealistic deadlines and disjointed implementation milestones, good intentions were not necessarily translated into greater security at the pier. And to add insult to injury, the USCG not only proved incapable of managing the projects designed to improve its capability but became open to graft and corruption and overspending (Economist 2007, p. 36). The priorities

Sunday, September 8, 2019

Operation Management Case Study Example | Topics and Well Written Essays - 2000 words

Operation Management - Case Study Example "During briefings, executives were forced to concede that more than a quarter of a million customers have defected in the past three months alone." (http://www.cwu.org/uploads/documents/RD0410208%20%20BT%20Price%20Regualtion.doc). Not only are they losing customers, the regulator OFCOM has announced that it wishes BT to lower its wholesale rates by another 9%. OFCOM rules and directives such as the one requesting BT to lower its rates by an additional 9%, is part of the evidence showing that BT must operate in a strict regulatory environment. This environment affects BT's residential as well as the WRL scenario. The way the WRL works is that BT owns the communications infrastructure. OFCOM rules have forced BT to open this communications infrastructure to low-cost rivals by renting them access at wholesale prices. These rivals such as Carphone Warehouse (Talktalk) and Onetel then supply their customers with rates that allow the companies to take advantage, and to profit, from the wholesale rates. The way that BT is combating these regulatory constraints, and an environment that helps their competitors, is by offering a wider variety of services that include broadband and mobile communications. Despite the public's voracious appetite for both of these services, BT still has some huge challenges to overcome. "We're managing a transition from the old world to the new," said Karen Witts, CFO of BT Wholesale. "Traditional revenues are declining and we have to match that with new wave revenues, but these revenues have lower margins" (http://www.financialdirector.co.uk/accountancyage/features/2147006). The wholesale division of BT then will become even more important to BT's financial success throughout the next decade. Other challenges the division will have to overcome include complying with the regulations (that may differ significantly) set in other countries that they wish to do business in. BT must also be very careful of not becoming overly dominant in the marketplace. If they do, OFCOM may step in and say "you are too big." OFCOM has already ensured that BT must give their competitors equality of price and the same access to BT's fixed lines as BT's own retail business has.The telecom industry is also very competitive and highly complex. BT has met some of these challenges and continues to do so, on a daily basis. In 2005 BT set up a new access division that is called Openreach. This separate entity will report all its results as a stand alone company and will provide wholesalers with 30 million access lines. The division is comprised of 30,000 people, 8 billion in assets and is projected to show 4 billion a year in revenues. OpManage/ pg 3 BT is known as the supplier's supplier of non-cable broadband in the UK. Of the 631,000 new homes connected to its broadband lines during the past three months, only 27% of those chose an actual broadband service from BT Retail, leading to the conclusion that although BT is concentrating (and seemingly doing a good job) on its wholesale division, its more profitable retail division may need the concentration as well. (http://www.ofcom.org.uk/consult/condocs/statement_tsr/statement.pdf). Unlike BT, a local soft drink bottler has different problems to face. The soft drink bottler must consider the possible production methods that are available for use, and then choose the one that is most

Saturday, September 7, 2019

Consumer law Essay Example | Topics and Well Written Essays - 3000 words

Consumer law - Essay Example You must take it in the condition in which you found it. This statement by itself does not shield the seller from liability. Under section 6(2)(a) of the Unfair Contract Terms Act 1977, as against a person dealing as consumer, liability for breach of the obligations arising from section 13, 14 or 15 of the 1979 Act (seller’s implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); cannot be excluded or restricted by reference to any contract term. Dealing as a Consumer is defined under section 12 of the Unfair Contract Terms Act 1977.1 An individual deals as a consumer when he neither makes the contract in the course of a business nor holds himself out as doing so the other party does make the contract in the course of a business. The second hand good was not bought in a public auction, and therefore the burden of proving that the purchase was not made as a consumer lies on the seller either because the seller did not sell in the course of business or the buyer did buy or held out to buy in the course of business. The mere fact that Andy had paid the purchase price from his business account does not lead to a conclusion that he was dealing in the course of business and not as a consumer. In fact, his intention was to use the car principally for shopping and collecting the children from school but he did expect occasionally to use it in his business for urgent collections and deliveries of materials. Under section 14(2A) of the 1979 Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. Furthermore, under section 14(2B), the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— The description of the