Wednesday, October 30, 2019
Leadership Coursework Example | Topics and Well Written Essays - 3500 words
Leadership - Coursework Example These numerous studies have identified a variety of skills, personalities, and competencies that leaders possess. These studies include the renowned political and sociological legendary leaders as well as in the organizational set up. In the present context, an evaluation of the concept of leadership is done based on the teachings of Hughes, Ginnett and Curphy (2008) who assert that leadership is a complex phenomenon that involves the leader, the followers, and the situation. In the present context, leadership is assessed based on these three critical elements; in addition, leadership skills essential for effective leadership have been evaluated. Further, impact of management on leadership and vice versa has also been assessed. These evaluations are based on leadership conceptualization of Hughes et al (2008) with reference to leadership conceptualization made by Zenger and Folkman (2009). References have been made to Zaleznikââ¬â¢s (1992) article that differentiates manages from leaders. Personal experiences with respect to leadership have also been opined and explained. Considering Hughes et al.ââ¬â¢s (2008) explanation of leadership, it is difficult to arrive at one specific definition of leadership because the definition depends upon the kind of leader being studied, the situation as well as the followersââ¬â¢ perception of their leader.... These people are self driven and proactive. However, for leaders to be effective, they must possess specific skills, which will enhance their effectiveness as leaders. Zaleznik (1992) describes individual leader as a person with unique qualities that distinguishes the leader form the rest of the group on the basis of courage, personality, and ability to control others. This does not mean that leaders tend to exert power or authority to control others or display their courage. Though famous leaders are known to have lead by these qualities, they possess other qualities that actually attract huge masses of people into believing in what the leader believes and influence them to achieving what the leader envisages. This means the leaderââ¬â¢s vision eventually becomes peopleââ¬â¢s shared vision. Leaders can exert such influence on others through their effective and powerful communication, convincing abilities, inspiring speeches, conversations as well as actions. Zaleznik (1992) ar gued that leadership cannot be taught or trained; however, Hughes et al (2008) assert that leadership can be taught and leaders can be made. Usually great leaders or highly talented people emerge from those who were once seen as submissive, self-absorbed, or indifferent. Zaleznik (1992) refers to Albert Einstein, who was once seen as a mediocre and timid student in school and later became the worldââ¬â¢s renowned scientist through his irrefutable discoveries and propositions. Einstein is known as a human being with unique set of abilities and passion for his work. Though he is known to be highly talented, he was extremely hardworking and passionate towards his work, which took him to the great discoveries. Other such notable leaders are Abraham
Monday, October 28, 2019
1984 Quote Journal Essay Example for Free
1984 Quote Journal Essay On each landing, opposite the lift shaft, the poster with the enormous face gazed from the wall. It was one of those pictures which are so contrived that the eyes follow you about when you move. Big Brother Is Watching You, the caption beneath it ran. (Orwell 5) This quote is an example of how effective and convincing The Party can make a simple poster. The Party has put posters everywhere constantly reminding the Party members that they are being watched. Being watched played a major role in every Party members life in the book. Winston who was constantly scared of doing things, such as having a face of anxiety or not cheering with as much enthusiasm in the two minute hate. Everything that Winston did throughout the novel that he thought was not seen by the Thought Police was seen by them. Winston even tried to make sure that his diary was not bothered with so he sprinkled some powder on the corner of the book. That powder was carefully replaced as if it was the same as when it was first put there, by the Thought Police, that is how watchful and investigative the Thought Police is. The Thought Police are continuously spying on the Party members through the televisions, hidden microphones throughout Oceania, and spies of their own. The Party wants to keep an eye on their Party members to have control over them. They have no freedom. Winston cant even take a walk on a good day with out suspiciously being watched. Winston and Julia underestimate the power of the Party. Julia thinks that she has got the Party and Thought Police figured out. She believes that she can hide from the Thought Police. Yet when her and Winston think they have beaten the Party and were working and representing the real brotherhood. Though in the end they were the ones that were actually figured out, by the Thought Police. The Thought Police are actually watching, when least expected. The Party watches the people of Oceania as to control them. This quote basically shows that there is no freedom or privacy in Oceania. That people in Oceania live afraid to take a walk on a good day. All of this connects to the theme of the book. Orwell made the novel to show people what would happen in the future, or 1984, if the west turned into a totalitarianism government. This quote shows one of the dangers of the government controlling everything. He discovered that while he sat helplessly musing he had also been writing, as though by automatic action. And it was no longer in the same cramped awkward handwriting as before. His pen had slid voluptuously over the smooth paper, printing in large neat capitals-DOWN WIH BIG BROTHER (Orwell 19) The quote is an occurrence of what happens to Winston when he dazes off while writing in his diary. Since Winston wrote this, there is obviously a part of him that hates Big Brother. Of course Winston is afraid of what he has written. Because the Thought Police can catch someone even because of their thoughts. Since the dairy itself was already a risk now what he wrote was a risk. And even if he didnt write it just thinking about it was a risk. Why would he write this? The Winston that was writing this was his real conscious. His mind realizes that what the government does doesnt seem to be right. Like the constant watching. He notices that he had before been brainwashed to accept Big Brother. Though in the back of his mind he always knew that something wasnt right. And now his back thoughts have came forward by writing DOWN WITH BIG BROTHER.
Saturday, October 26, 2019
The Left Hand of Darkness: Gethenian Society Essay -- Ursula K. Le Gui
The Left Hand of Darkness: Gethenian Society Upon finishing the novel, The Left Hand of Darkness, by Ursula K. Le Guin, what stands out the most in my mind is the strange and complex Gethenian society. There are many aspects, some of which we are accustomed to, and others we would never consider a part of our society. There are things we have never heard of, like kemmer and shifgrethor. As well things every society should have like politics and human interaction. Politics are an important part of the Gethenian society. The political structure varies from country to country, the main two countries being Erhenrang and Orgoreyn. Erhenrang has one supreme ruler, King Argaven, and the equivalent of a prime minister, whereas Orgoreyn, is ruled by a group of thirty-three commensals. Both political structures seem to only have a loose authority over their various domains, and both are concerned with what the other is doing, but neither one wants to be overshadowed. They are aware of what is going on in the opposite government, but only release to the public what they want to have known. That is, whatever makes them look better and the other look much worse. The truth is very hard to come by in these political institutions. Gethenians are not an aggressive people. Violence is not a large problem in the Gethenian society. Violent crime is virtually nonexistent, and is never talked about. However when a crime does occur, usually treason, the perpetrator is sentenced to exile if they live in Erhenrang, or can be sent to a voluntary farm if they are from Orgoreyn. Once exiled, the individual has a certain amount of time to get out of the country or they can and will be killed. Furthermore, anyone who aids them by giving them money, g... ...e is considered lesser or even more qualified for one thing. Every person is considered equal. There is however still a hierarchy of money and power. The people who have greater wealth are usually government officials and people close to the king. Otherwise, everyone shares what they have. A Gethenian would take you in a give you all they have to give, no questions asked. These are the main aspects of Gethenian society as I see them. It seems to me similar to ours; some parts better, some parts worse. It is hard for me to imagine a world where there is no division of stronger and weaker sex as it is still so dominant in our society. It would have an overwhelming effect on everything, which Le Guin shows through her explication of the Gethenian society. Works Cited 1. Le Guin, Ursula K. The Left Hand of Darkness. New York: The Berkley Publishing Group, 1969.
Thursday, October 24, 2019
Mary Oliver’s “Wild Geese”
The gentle, tone in Oliverââ¬â¢s poem ââ¬Å"Wild Geeseâ⬠is extremely encouraging, speaking straight to the reader. In this particular poem, the lines donââ¬â¢t rhyme, however it is still harmonious in not only rhythm but repetition as well. Take note of the rhythm in the lines starting with the word ââ¬Å"Youâ⬠: ââ¬Å"You do not have to be good,â⬠ââ¬Å"You do not have to walk,â⬠ââ¬Å"You only have to let. â⬠This rhythm is also heard in the lines starting with the word ââ¬Å"Meanwhileâ⬠: ââ¬Å"Meanwhile the world goes on,â⬠ââ¬Å"Meanwhile the sun and the clear pebbles,â⬠ââ¬Å"Meanwhile the wild geese. The reiteration of the words ââ¬Å"Youâ⬠and ââ¬Å"Meanwhileâ⬠presents a soft rhythmic element to the writers expression. It attracts readers with its tenderness while also inspiring the understanding with what this poem really means. The metaphors Oliver uses are hardly ever unexpected. She uses a comprehensible d ialect in its place. It may not seem too convincing, yet it makes an absolute piece become meaningful and worthwhile. It is not complicated to picture wild geese flying across the atmosphere.However, it is flattering when sitting alongside the scenery of sun and rain ââ¬Å"moving across the landscapes over prairies and the deep trees, the mountains and the rivers. â⬠Oliver uses this identical representation in order to illustrate humanity reaching out to those that are feeling completely alone. Once more, this is not very complicated, but a fascinating metaphor. Oliver may be considered a poet of irony; however there is no way her work can be considered to be ââ¬Å"boring. Her established word choice contains traditional gracefulness while at the same time adding modern thoughts about both nature and the human race. I feel the first line in the poem ââ¬Å"Wild Geeseâ⬠is probably the most memorable and intentional of the entire sonnet. The second and third line seems t o prove this by maintaining the perception that one can choose whether they want to be a ââ¬Å"goodâ⬠person. The second line ââ¬Å"you do not have to walk on your knees,â⬠gives meaning to one exhibiting worshiping.The third line ââ¬Å"for a hundred miles through the desert, repentingâ⬠is implied as the agony along with the motivation to be penalized for their corrupt actions. The fourth and fifth lines ââ¬Å"you only have to let the soft animal of your body love what it loves,â⬠include the opening association of man to nature. While the first three lines tell you what you do not have to do, these two lines explain what you only have to do. The sixth line draws readers especially into this poem. The words ââ¬Å"tell me about despair, yours, and I will tell you mine,â⬠make an exceptionally moving demand.This calls attention to human desolation and displays strong enthusiasm to share stories of it with predominantly the reader. The lines seven to elev en imply that anguish is precisely a human characteristic. The seventh line explains that while mankind may wait around and mourn their misfortune and discouraging situations, ââ¬Å"the world goes on. â⬠The ââ¬Å"worldâ⬠here, nevertheless, belongs to the environment. The eight through eleventh line tell us that ââ¬Å"meanwhile the sun and the clear pebbles of the rain are moving across the landscapes, over the prairies and the deep trees, the mountains and the rivers. The eleventh and twelfth lines say, ââ¬Å"Meanwhile the wild geese, high in the clean blue air, are heading home again. â⬠So far, the poem has addressed the environment in somewhat broad expressions, but in these lines, a specific animal is identified. Like the sun, rain, and landscapes, the wild geese are going about their business, unconscious to manââ¬â¢s desolation. The representation of geese flying ââ¬Å"high in the clean blue airâ⬠is a pleasing setting. If we paid more attention t o everything that is going on in nature, humankind could greatly benefit from this.Line fourteen states ââ¬Å"Whoever you are, no matter how lonely,â⬠is directed towards the reader. Although most of the time Oliver may not personally know her readers, she says that ââ¬Å"whoever you are,â⬠if ââ¬Å"youâ⬠are lonely and despairing, this poem is for ââ¬Å"you. â⬠Lines fifteen and sixteen state, ââ¬Å"the word offers itself to your imagination, calls you like the wild geese, harsh and exciting. â⬠Even though, the word ââ¬Å"harshâ⬠usually refers to a negative implication, here it seems to imply simply piercing and firm.In these two lines, Oliver uncovers the process by which individuals relate to the environment. The concluding lines, seventeen and eighteen, state ââ¬Å"over and over announcing your place in the family of things,â⬠this assures the readers that they are not all alone in their lonesomeness. Oliver entails that our world is u nyielding about welcoming people to it. Here the ââ¬Å"familyâ⬠is made up of all of natureââ¬âthe sun and rain, rivers and mountains, and every member of the animal kingdom. One needs only to have an interesting imagination in order to fit in with society.
Wednesday, October 23, 2019
Personal and professional development Essay
ââ¬Å"The most successful nations in the future will be those which develop high quality, skilled and motivated workforces and make good use of them. â⬠Government White Paper (1994) This object of this assignment is to identify what personal and professional development is, if there is any difference between personal and professional development and what opportunities there are, how this benefits both staff and Lancashire Care Foundation Trust (LCFT) as an organisation. I will consider how motivation affects people and their desire for development both personally and within the workplace Briefly I will be looking at qualifications: how these are obtained, utilised as a means to recognise stages of development and as evidence to demonstrate competencies of staff. As the theories show, people learn in many different ways and so I will discuss further 2 examples of these ââ¬â Behaviourism and Humanistic learning theories. Delving into experiential and reflective learning styles and strategies and how these link into the theories of how people learn and what resources are available to aid learning. How to plan for personal and professional development Personal development can be described as self-improvement, or development of skills and knowledge on a personal level not related to a specific job role but are personal goals. Adair and Allen categorise this as self-development and feel that these ââ¬Å"Transferable skills are the key to improved prospectsâ⬠(Adair and Allen 2003 p64). Improvement of these personal skills can be taken to any job and will be beneficial no matter which role is undertaken. In the same context, Wade (1996) suggests in addition to professional qualifications, employers also demand abilities that are considered as personal transferable skills such as communication, leadership, decision making and teamwork. Professional development is learning or enhancing necessary skills to carry out specific job functions effectively or improving practice and is aimed at the team/service/ organisational goals. This often defines where a role fits within an organisation or hierarchy and indicates promotion opportunities or employment prospects for career enhancement. Although viewed by many as separate agendaââ¬â¢s, Morrow states that she ââ¬Å"does not believe there is a significant difference between personal development and professional development. Learning is learning. Personal development is professional development ââ¬â what is learnt at home is taken to work and experience at work is implemented at home. â⬠(Morrow, 2008). Whether personal or professional, development encourages staff to focus on their present circumstances, evaluate career progression and plan for the immediate and long term future. In order to put a strategy in place, current skills are identified, competencies and achievements recognised, goals clarified and then the difference between to the two assessed to outline the development required. Within the workplace, staff need to be motivated to achieve good results and engage with the development process. Abraham Maslow believed that people are motivated by a number of different needs and grouped them into 5 areas (see appendix 1 ââ¬â Maslowââ¬â¢s Hierarchy of Need). Maslow (1943) theorised everyone is capable of moving up the levels in the hierarchy ââ¬â once one need is satisfied, the next arises. Failure to meet each of the lower levels will prevent the ability to reach highest level of self-actualisation. ââ¬ËIt is quite true that man lives by bread alone ââ¬â when there is no bread. But what happens to manââ¬â¢s desires when there is plenty of bread and when his belly is chronically filled? At once other (and ââ¬Å"higherâ⬠) needs emerge and these, rather than physiological hungers, dominate the organism. And when these in turn are satisfied, again new (and still ââ¬Å"higherâ⬠) needs emerge and so on. This is what we mean by saying that the basic human needs are organized into a hierarchy of relative prepotencyââ¬â¢. (Maslow, 1943, p. 375) Within the workplace the very basic ââ¬Ëbiological and physiological needsââ¬â¢ along with ââ¬Ësafety needsââ¬â¢ are governed by law in the UK and so the higher three needs (Social, Esteem and Self Actualisation) may be realised through learning and development leading to increased motivation and confidence If invested in and developed, employees are more likely to feel their social needs are met by being part of a team are well regarded and appreciated for their skill set and therefore motivated to work harder to reciprocate which leads to higher production and efficiency. People are able to realise their abilities and potential, take on more responsibility or variety of tasks which improves versatility and prevents boredom leading to demotivation. Staff feel happier if they feel valued and are likely to stay within the organisation. Learning can be the result of many activities which can include formal classes and training sessions, on the job training and mentoring or self-study. Every time we encounter something new, there is an opportunity to learn and improve skills. As a result of increasing and honing skills and gaining qualifications, people tend to develop a greater sense of self-worth, dignity and well-being as they become more valuable to their employer and to society. These factors give a sense of satisfaction and motivation through improving performance, achieving personal and company goals which can also give them physical rewards such as increased remuneration and benefits. Qualifications are evidence of the level of knowledge gained and the competencies developed. The type of qualification i. e. Degree or NVQ dictates the characteristics and context of the learning and the learning outcomes are measured or assessed and qualifications awarded based on the results. The Office of Qualifications and Examinations Regulation (Ofqual) (2009) states that the 5 main purposes of qualifications are: â⬠¢Recognise personal growth and engagement in learning â⬠¢Prepare for further learning or training and/or develop knowledge and/or skills in a subject area â⬠¢Prepare for employment â⬠¢Confirm occupational competence and/or ââ¬Ëlicence to practiceââ¬â¢ â⬠¢Updating and continuing professional development (CPD) Every post in LCFT has a profile of requirements to fulfil the role including which qualifications are required e. g. a midwife must be a qualified nurse and have a degree in Midwifery, a secretary must have RSA3 typing. Proof of qualifications obtained (certificates and professional registrations) must be shown prior to job offers to evidence the level of competency and skills of potential employees to fulfil the requirements of the job. Within LCFT, staff learning and development is viewed as being an integral part of fulfilling the needs of the business as well as the growth and motivation of staff. Within the organisation, Learning Needs Analysisââ¬â¢ (LNA) are carried out to ensure learning provision is in alignment with the business strategy and so that employees have the capabilities to deliver the organisationââ¬â¢s strategy. The root of the LNA is the gap analysis ââ¬â an assessment of the gap between the knowledge, skills and attitudes currently possessed and the knowledge, skills and attitudes that are required to meet business objectives The core of training in LCFT is ââ¬ËMandatory Trainingââ¬â¢ which is any training deemed necessary by law for safe and effective function in the NHS and then training and development to meet the business needs is then prioritised. Every member of staff in LCFT has an annual Personal Development Review which is updated every 3 months to adjust objectives and monitor progress. A Personal Development Plan is written as part of this process which outlines training requirements and skill enhancement for the following 12 months. Staff are required to continue their professional development to build their professional skills and competencies which then improves their performance at work. LCFT also provides training opportunities to support staff to develop and manage their careerà benefitting LCFT by retaining staff with the aptitude and ability to meet the future organisational needs and adjust to the ever changing environment within the NHS. Management Development programmes are also in place to enable leaders to foster this learning environment and motivate staff to embed the learning culture within the organisation. This benefits the NHS as they are assured of the level of staff they are employing and helping t o sustain the future of their workforce. Staff feel they are valued and invested in which in turn leads to job satisfaction and potential career advancement. This all ultimately benefits service users and patients of the NHS in that it gives them confidence they are being treated by qualified staff and they received the best care possible by all employees from administrators to surgeons. Development and training comes in many different guises which benefit different learning preferences. On the job training may include acting up into a role, shadowing or being mentored which are very effective methods to develop skills or enrolling on an NVQ course which would be suited to kinaesthetic learners. Many training sessions for Mandatory Training within LCFT and most external courses follow a pedagogy approach utilising traditional learning methods using a classroom setting with a lead or tutor giving information with some interaction from attendees. This can be beneficial to all if the programme is tailored to every learning need including images, audio and hands on tasks and by having a person on hand to ask questions of and explain points although this is often time consuming and costly as staff have to travel to a central location to join a training session Due to the low costs involved and ease of adapting or amending training templates and resources, e-learning is now a favoured approach to training staff within the NHS. Whilst this is good for people who are visual learners and are office based within LCFT buildings, it can be very difficult for staff with no IT connectivity or only one PC between 10 people on a ward for example. E- learning is also very inadequate for staff who have a kinaesthetic learning style, especially for those with additional learning needs such as dyslexia. ? LO2 ââ¬â How people learn Reece and Walker (2004) state that learning is about change brought about by developing a new skill and understanding something new. Many academics have studied learning theories such as Behaviourism or Humanistic Learning and use these models to explain the principles of how people adopt new skills and understanding. The methodology of how the learning is carried out is directly linked to the theory and so as hypothesised by Pavlov and Skinner, a person that tends to follow a Behaviouristic theory would learn by changing their behaviour in response to an external stimuli. This was proven when Nobel Prize winner Ivan Pavlov carried out ââ¬ËClassical Conditioningââ¬â¢ experiments by ringing a bell when giving food to a dog. The dog would salivate at the food but eventually the dog would respond in the same way to the bell ringing as it had been conditioned to expect food at the sound of the bell. In the adult learning context, psychologist Burrhus Skinner developed the ââ¬ËOperant Conditioningââ¬â¢ methodology by repeating actions and reinforcing or promoting the desired outcome and punishing or supressing negative outcomes. A pedagogy approach is required to deliver these conditioning methods but this often means there is little input from the learners themselves. Humanistic Learning theory recognises that all humans are inherently good and have unlimited potential for their own growth. Maslow believed that people learn from experience but are motivated by the need to reach their potential and self-realisation (as previously discussed. See also appendix 1 ââ¬â Maslowââ¬â¢s Hierarchy of Need). Carl Rogers theory is based upon the same foundations as Maslow but believed that the basic motive for all humans is to fulfil their own potential and reach self-actualisation ââ¬â to become who they would like to be. Both Rogers and Maslow endorse learning by experience and an andragogy teaching method which fosters student centred learning (as opposed to teacher centred learning) allowing the students to engage their own learning style and subsequently gain rewards by satisfying their own needs. This follows Kolbââ¬â¢s Learning Cycle (see Appendix 2) which states that after an event, experience should be reviewed, actions revised to produce new theories and then the theories should be tried and tested, The cycle then begins again by reviewing the testing etcetera. Gibbs Learning Cycle (see appendix 3) expands further on Kolbââ¬â¢s theories by encouraging further the human thought processes within these stages, to debrief on the activity and reflect on all the phases of an experience or activity and how the person feels at every stage I feel that I am a reflective learner but adhere to Kolbââ¬â¢s cycle rather than Gibbs as I am more practical and less emotional in my learning. In a classroom situation, I find an andragogy approach with open discussion and practical work or auditory and kinesthetic learning much more stimulating in the first instance but as I am a visual learner, I need this backed up by visual aids (notes or presentations) which I then use to reflect on the knowledge and gain a deeper understanding of the objectives. In conjunction with Kolbââ¬â¢s learning cycle, this supports the thoughts of Itin (1999) who states that experiential learning is the process of making meaning from direct experience to which Moon (2004) adds that reflective learning is a phase of learning resulting from the actions inherent to experiential learning. Dewey (1933) reasoned we have to regard reflection as implying purpose which is in line with Cognitive Theory but Moon (2004) suggests that although we reflect for a purpose, conclusions to complicated issues can just ââ¬Ëpop upââ¬â¢ without our being conscious of their having been a reflective process ââ¬â this is a subconscious event supporting Humanist theory. Experiential learning is based in humanistic theory but Behaviourists believe that it can be influenced by external stimuli which in turn changes behaviour. For highly motivated Humanist learners who are adept at self-directed study, the most readily available is the internet which is available 24 hours a day, 7 days a week and can be accessed by computers, tablets, phone and even via gaming machines and TVs. It enables searching for information virtually and sometimes instantaneously from across the world but not all content found on the World Wide Web is from a reliable source and so may not be accurate. The library at college contains a wealth of validated information around the courses that are delivered there but the number of books is limited and so there may be waiting times for specific items to be returned. There are also restrictions on entering the library as opening hours are limited mainly to daytimes and even close earlier on Fridays which severely limits access to working pupils. Public libraries often do not stock academic books and a charge is often made to order books in which also incur waiting times for the books to arrive. There is also a Library within LCFT but it is many miles away from most workplaces, only open during office hours and generally stock books around clinical subjects. Within the workplace, colleagues are an excellent resource for learning as they can impart the knowledge gained from their own training and experience and are available during the working day Difficulties can arise though if new methodologies contradict what is favoured by the experienced colleague. Learning resources may be used as the basis as the foundation for some learning strategies ââ¬â the way a learner identifies the best way to carry out a task. For those who chose reading as their strategy, the library and the internet are immensely advantageous but is also beneficial to many other strategies for finding out the initial information. Conclusion Learning and development for an organisation improves quality, skills, productivity and motivation which leads to a reduction in overheads and errors. This in turn increases profitability and stability for the organisation which enables them to become successful. An organisation needs to recognise its required outcomes alongside the needs of the workforce and develop them accordingly to ensure they retain staff with the aptitude and ability to meet those future needs. In the NHS, patient outcomes are a main focus of the delivery plan but this must be balanced by the financial implications brought by the cost delivery and so development of staff is the most beneficial and cost effective route to achieving this goal. When it comes to learning, there are no right or wrong answers to how people learn. People may follow a certain theory or use a specific learning strategy in the main but often it is a mixture of theories and strategies that produce the best outcomes and is often dictated by how the information is offered, whether online or classroom based and what resources are available to support the student. I have learned that when I am imparting information to a group I need to try and incorporate a variety of learning styles, allowing kinesthetic learners to interact with the subject matter, the audio learners to listen to information and the visual learners to view pertinent materials individual, On a personal level, I have discovered that I learn using a mixture of theories and styles but I am consistent with my strategies and instinctively know how I learn the best.?
Tuesday, October 22, 2019
threat of extinction essays
threat of extinction essays Throughout the years, extinction has been a main topic in society. As the logging industry practices, the decline of our wildlife and the threat of extinction rise by the day. So the problems and solutions of this matter only become more complicated as time passes by. Many efforts and plans have been adopted to benefit both parties, but have they been effective? The Major PR Problem in this case study is that there are two parties that are not content with the choices and regulations placed on the logging industry, and the hopes to safe our wildlife. Throughout the past 300 years of the United States history, over 200 species have become extinct. As many see it, the logging industry is doing more harm than good. Many animals are becoming extinct very rapidly, and more are being added to the endangered list. The Logging industry consists of obtaining lumber from the old-growth forests in various parts of the United States including Washington, Oregon, and Northern California. For the Animal activists, they feel that the animals should have a healthy habitat to live in, as they have been, and something should be done to preserve their homeland. There are many major issues driving this case. For starters, there are too many endangered animals becoming extinct, and something must be done to keep it from progressing. From either publics standpoint, there is no way to keep both parties content. As you can see, there are many problems that go along with regulating this type of situation. To start, the Logging industry is huge. It is a Billion Dollar industry that employs many people and many small towns depend on the income. Without Logging, many people would be out of jobs causing the economy to plummet. So as you can see, either way you try to regulate this problem, both parties are going to suffer. As the Associations realized that something had to be done, they had ma ...
Monday, October 21, 2019
The Difference Between Discreet and Discrete
The Difference Between Discreet and Discrete The Difference Between Discreet and Discrete The Difference Between Discreet and Discrete By Maeve Maddox discreet adj. Showing discernment or judgement in the guidance of ones own speech and action; judicious, prudent, circumspect, cautious; often esp. that can be silent when speech would be inconvenient.à à à à discrete adj. Separate, detached from others, individually distinct. Opposed to continuous. Both discreet and discrete derive from the same Latin word discretus, separated, distinct. Old French discret meant discreet, sensible, intelligent, wise. In the 17th century, the spelling discreet became attached to the sense of careful or prudent. The spelling discrete, used in such disciplines as philosophy, medicine, and music, retained the original Latin meaning of separated. Examples of the incorrect uses of discreet and discrete: â⬠¦ but if this brief and discrete affair ever really happened it was never in the public eyeâ⬠¦ I just arrived in Dubai and was wondering if anyone knows of a discrete internet cafe, ideally with private roomsâ⬠¦ Ive always thought about breaking down ICs back to their discreet components Examples of correct uses of discreet and discrete: Sometimes people need to be discreet when it comes to the contacts in their iPhones. Having a discreet affair isnt easy. â⬠¦designed to help a nursing mother have a bit more privacy and to be able to nurse discreetlyâ⬠¦ The Times claims these scores can validly peg the discrete effect of each teacher on their students growth. A statistical distribution whose variables can take on only discrete valuesâ⬠¦ Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:50 Synonyms for ââ¬Å"Leaderâ⬠Driver License vs. Driverââ¬â¢s License12 Misunderstood and Misquoted Shakespearean Expressions
Sunday, October 20, 2019
How to Celebrate Shakespeares Birthday
How to Celebrate Shakespeares Birthday Shakespeare was born and died on April 23 and over 400 years on, we are still celebrating his birthday. Joining up with a Bard birthday bash is the best way to celebrate, but if youââ¬â¢re unable to attend an event, throw your own party! Here, a few creative ways to celebrate Shakespeareââ¬â¢s birthday. 1. Visit Stratford-upon-Avon If you live in the UK or are visiting the area in the month of April, then there is no better place in the world to celebrate William Shakespeares birthday than his hometown of Stratford-upon-Avon. On the weekend of his birthday, this little market town in Warwickshire (UK) pulls out all the stops. Hundreds of people travel to the town and line the streets to watch the town dignitaries, community groups, and RSC celebrities mark the Bards birth by starting the parade in Henley Street where the Shakespeare Birthplace Trust can be found. They then snake their way through the streets of the town to Holy Trinity Church, the Bards final resting place. The town then spends the weekend (and most of the week) entertaining its visitors with street performances, RSC workshops, world-class theater and free community theater.à 2. Perform a Scene If you cant make it to Stratford-upon-Avon or one of the other Shakespeare birthday events happening around the world, then why not throw your own party? Dust off that old Shakespeare tome and act out your favorite scene. Couples can try the famous balcony scene from Romeo and Juliet, or the entire family can attempt the tragic ending from Hamlet. Remember: Shakespeare didnââ¬â¢t write his plays to be read they were to be performed! So, get into the spirit and start acting. 3. Read a Sonnet Shakespeareââ¬â¢s sonnets are some of English literatureââ¬â¢s most beautiful poetry. Itââ¬â¢s a delight to read aloud. Ask everyone at the celebration to find a sonnet that they like and read it to the group. If youââ¬â¢re not sure how to do justice to Shakespeares works by reading aloud, we have some advice to make your performance sparkle. 4. Visit the Globe This might be difficult if you donââ¬â¢t live in London or plan to be there. But it is possible to build your own Globe Theaterà and keep the family entertained all afternoon print out all the parts you need and reconstruct Shakespeares wooden O. You can also take a virtualà photo tour of the reconstructed Globe Theatre in London. 5. Watch a Branagh Film Kenneth Branagh has made some of cinemaââ¬â¢s best Shakespeare film adaptations. Much Ado About Nothing is arguably his most upbeat, celebratory film the perfect flick to round out the Bardââ¬â¢s birthday bash.
Saturday, October 19, 2019
The Gold Rush Essay Example | Topics and Well Written Essays - 750 words
The Gold Rush - Essay Example Apparently, the search for gold in the silent narrative establishes the point where the conflict develops as the main characters find themselves seeking after desperate means to obtain food and shelter. Though ââ¬Å"The Gold Rushâ⬠illustrates the serious theme with comic relief via Chaplinââ¬â¢s signature slapstick routine, the borrowed ââ¬ËTrampââ¬â¢ character herein projects no element of formalism. The Lone Prospector remains a common-man figure yet, as may be observed frequently, it is his sense of humor and humble attitude toward life which lightens up the rather severe image of poor and rough living in an all-snow mountainous region. Details of realism are vivid in the creation of the plot as the actors portray natural roles of men in pursuit of treasure with an approach that engages them in the course of nature instead of heroic transformation or magical escape from reality. The realist perspective of the plot guides their actions to arrive at the turning point and settle for resolution through real unpredictable circumstances. One concrete evidence would be the instance when Big Jim McKay exclaims having found gold at the onset (00:04:53) but the story proceeds into the situation where the famished McKay craves food (00:20:49) and says to his fellow ââ¬Å"I thought you was a chickenâ⬠out of an illusion. Life in Alaska in the first quarter of the 20th century entailed having to cope with significant crises in economy which affected even the moral and social relations among the state inhabitants, in general. This is quite conspicuous in the unfortunate affairs which the Lone Prospector, McKay, and Black Larsen are confronted with in that, while Larsen sets off to get even in fate despite the burning cold weather, the other two have gone to the extremes of having a cooked shoe served for a Thanksgiving dinner (00:18:50). Their representational acting, in this stage, altogether appears lacking in emotional consequence or one that exhi bits warm human sentiment as the film attempts to demonstrate the truth regarding pretense and suspicion which humans were disposed to behave with at such times. Nevertheless, the abrupt pace of the acts coinciding with the thematic rhythm enables the audience to perceive ââ¬Å"The Gold Rushâ⬠under the influence of its comical effects notwithstanding a grasp of the filmââ¬â¢s historical context by a viewer. With humor, being the principal component of the cinema piece, the economic issue loses its essence as the heavy subject as the audience becomes more drawn to recognize the filmmakerââ¬â¢s chief objective of structuring the story flow with comedic schemes. By the moment the Lone Prospector parts from his temporary comrade and ventures across the icy environment, his trip leads to the Monte Carlo Dance Hall in Yukon where he is bound to meet Georgia. In the midst of the rush for gold, the man encounters the love of his life at an instant (00:31:53). Since his silent c haracter onscreen is further silent in this portion of the film, Chaplin renders peculiar gestures in acting out the fascinated yet speechless man after the womanââ¬â¢s invitation to dance. He utilizes certain body language to speak of the hidden feelings as via
Valuation Research Paper Example | Topics and Well Written Essays - 3250 words
Valuation - Research Paper Example Coca-Cola Corporation has introduced more than 500 brands and some of the renowned brands are Coke, Diet Coke, Caffeine Free Coca-Cola and Coca-Cola Zero. The company has its presence in more than 200 countries of the world and is more renowned as Coke. More than 1.7 billion people are served every day with the products of Coca-Cola.1 PepsiCo, Inc. (or ââ¬Å"PEP)â⬠is another American based multinational enterprise that operates in the food and beverage industry. Headquarter of PEP is in Purchase, New York. The company was formed in 1965 and since that time it has expanded its brands to more than 200 countries. PEP is the fifth largest food and beverage company in the world in terms of total revenue however in the North American region it is the largest company. There are more than 285 thousand employees working for PepsiCo around the world.2 Food and beverage industry includes food production, distribution, retailing and catering of food and beverages. The total value of this industry in the year 2008 was $5.7 trillion. The growth rate of the industry is expected to increase at a CAGR of 3.5% and it is estimated that the total value of this industry would reach up to $7 trillion by the end of 2014.3 As other industry suffered because of financial crisis, food and beverage industry was also one of the victims of recession. The industry was affected and companies in the industry had to face different problems like increase in food prices, increase in transportation cost and a reduction in consumer spending thus, reducing the profitability of the companies in the industry. PepsiCo is the fifth most important company in this industry with offering different products like snacks, carbonated and non-carbonated drinks. The total revenue of PepsiCo is $43.3 billion USD with a net profit of $5.1 billion. Coca-Cola Corporation is considered to be the seventh most important company in the industry with
Friday, October 18, 2019
Ethical And critical Thinking Research Paper Example | Topics and Well Written Essays - 750 words
Ethical And critical Thinking - Research Paper Example He was of the view that due to more guns being carried around on the streets, there is more danger present. Therefore, atleast certain gun control measures would be needed for security purposes. This point of view was backed up by the death of 32 people shot dead on the Virgina Tech campus on April 16, 2007. (Carpenter) Eventhough this article was structured in a way that adds more authenticity to it by using several direct quotes, it lacks analysis and the evaluation from the writerââ¬â¢s own perspective. She couldââ¬â¢ve used facts to prove a view point. One fact could have been that the Brady Bill and the Assault Weapons Ban of 1994 have resulted in the decrease in violent crimes (40 Reasons Guns Should be Banned). The flow of ideas in the article could have been smoother and Amanda Carpenter could have used more facts and statistics to back up her comparisons of Obama with Hillary Clinton. Amanda B. Carpenter has great credibility to her name. A coloumnist for The Washington Times, as well as an author, blogger and commentator, she has vast experience and knowledge about political and cultural issues. Writing for a renowned paper such as Washington Times and with no allegations towards her for being biased, the article can be labelled as credible and authentic. This article, opposes the viewpoint of Obama and talks about why it is a must for all citizens to carry concealed weapons. The author, Benjamin Shapiro, adopts a very sarcastic and manipulative style of writing in his article. He starts off talking about a case in which the 27 year old Alan Senitt was killed in a rape attempt on his female companion. He then moves on to discuss how every individal has the right to protect himself. (Shapiro) Benjamin Shapiro wrote the article in a very interesting and an attention grabbing way. The start of the article talks about violence and death which is a great start for an article to grab the attention of the
Desertification a quiet phenomenon Essay Example | Topics and Well Written Essays - 2000 words
Desertification a quiet phenomenon - Essay Example Desertification needs to be addressed by the governments of the world on the grounds of social justice as well.à Many affected and displaced by desertification are among the poorest in the world.à In many cases, they live in societies that are not free and democratic.à In these instances, their livelihoods are threatened by decision made by governments seeking to enrich national leaders at the expense of the poor.à In societies ruled by power and patronage, the most helpless suffer for the unwise decisions of the powerful.à Desertification needs to be addressed by the international community because it is a symptom of other dire societal ills.à Nearly two billion people live in the areas that are in danger of desertification for one reason or another.à Most of these people live in the developing countries.à The geographic locations that are most susceptible to desertification are found in the marginal lands surrounding the worldââ¬â¢s great deserts.à Dese rtification usually brings to mind the Sahael region of Africa and the Caspian Basin in Asia.à These are surely the most famous areas of desertification currently recognized in the world, but they are by no means the only areas suffering from this issue.à The geographic expanse of this problem is indeed massive.à Nearly 40% of the landmass on earth has a dry land climate.à This means the areas are already desert.à à The mechanism causing the transformation of productive or stable soil into desert can be any of a number of things, but their end result is always the same.
Thursday, October 17, 2019
Snow White Laundry & Drycleaners Case Study Example | Topics and Well Written Essays - 750 words
Snow White Laundry & Drycleaners - Case Study Example This essay discusses that the presence of Snow White Laundry & Drycleaners in Sydney has been a welcome phenomenon over the past few decades. Established in 1990, the business has proved to stand the test of time as it is among the most outstanding businesses in the area. The reason behind its inception during that time was to provide a healthy environment through the provision of clean apparels. The business has a staff of 9-10 employees who work to serve the customers that are coming from that area, or visiting from other areas. The growth of the business is determined by the manner in which they advertise their products and services. One crucial area in the running of the business is the incorporation of technology in the company. Engaging actively with customers on most media fronts is what keeps the company on its toes. The management and sales strategies the business employs are among the most crucial aspects that assist in its management and governance. By engaging in all clea ning and laundry operations, the company has something to offer most of its customers. Laundromat and laundry services make it easy for customers to choose what they want, and go for it through different avenues. The conducting of different analysis in the environment where the business is situated provides the company with sufficient information as to what best suits the company. Issues that arise are addressed as the small number of employees and suppliers can be handled, unlike with bigger businesses. Snow White Services offered and the pricing strategy Snow White Laundry & Dry cleaning offers most of the services that other laundry services offer. However, it does not deal in coin-operated services. This probably means that there is no self-service for customers looking to have their garments washed and cleaned. Snow White is located in Sydney 58 Terrace Street, and the business employs 9-10 employees who are capable of handling the number of customers that come in regularly. Th e pricing strategy that is employed by Snow White is based on the amount of time required to do laundry, and the quantity of laundry being done. After-service delivery is also among the businessââ¬â¢s repertoire, where laundry can be taken to the respective owners. This is also done for a specified fee that is included in the price of conducting services. This strategy works to increase the service rate and increase the profits they receive (Lynn, 2010). Promotion and the situational analysis surrounding the business Offering deluxe services to some of their regular customers is a worthwhile promotion strategy. The discerning and hand finishing process makes customersââ¬â¢ garments receive extra attention from the employees in the company. This gives the whole process of giving already done laundry a human touch. Moreover, the hour-express service ensures that customers who might be in a hurry can get their garments after an hour. This makes it easy for the business to attract customers from the area, and away from competition. Examining the external and
Rbv2 Research Paper Example | Topics and Well Written Essays - 500 words
Rbv2 - Research Paper Example John Lewis too experienced negative sales and at one point in the year 2009 it was below the average of the British Retail Consortium. During this time, John Lewis experienced a serious fundamental difficulty in the UK market. Even though the company had a massive rational affinity, its emotional affinity as well popularity was dwindling. The result was that the retail shop underwent a period of relatively low share of the wallet of its target customer. For the past few years, John Lewis has developed and implemented an assortment of resources aimed at giving it a competitive advantage over other retail shops in the industry. (Barney, 1991) in the Resource Based Review (RBV) argues that companies and organisations should put more investment on the capabilities and resources that they deem, able to propel them towards achieving a sustainable and realistic competitive advantage hence boosting their performance. Resources can be defined as stocks of available factors owned by a firm (Amit et al, 1993). On the other hand, ââ¬Ëcapabilitiesââ¬â¢ is defined as the ease of an organization to coordinate different tasks while using the available resources to attain a set objective (Helfat et al, 2003). John Lewis developed a more sophisticated e-commerce website that has advanced functionalities and services than those of its competitors. The company management ensures the online store is frequently updated with product information as it may appeal to potential customers. Additionally, John Lewis embarked on a serious online campaign and social network marketing. For instance in Dec 2009 basically the Christmas period, the company introduced more sectional and emotional ads that generated huge leads to back to the online store as well as physical store visits. Its ad campaign named ââ¬ËNever Knowingly Undersoldââ¬â¢ has made the company to outperform in the UK
Wednesday, October 16, 2019
Snow White Laundry & Drycleaners Case Study Example | Topics and Well Written Essays - 750 words
Snow White Laundry & Drycleaners - Case Study Example This essay discusses that the presence of Snow White Laundry & Drycleaners in Sydney has been a welcome phenomenon over the past few decades. Established in 1990, the business has proved to stand the test of time as it is among the most outstanding businesses in the area. The reason behind its inception during that time was to provide a healthy environment through the provision of clean apparels. The business has a staff of 9-10 employees who work to serve the customers that are coming from that area, or visiting from other areas. The growth of the business is determined by the manner in which they advertise their products and services. One crucial area in the running of the business is the incorporation of technology in the company. Engaging actively with customers on most media fronts is what keeps the company on its toes. The management and sales strategies the business employs are among the most crucial aspects that assist in its management and governance. By engaging in all clea ning and laundry operations, the company has something to offer most of its customers. Laundromat and laundry services make it easy for customers to choose what they want, and go for it through different avenues. The conducting of different analysis in the environment where the business is situated provides the company with sufficient information as to what best suits the company. Issues that arise are addressed as the small number of employees and suppliers can be handled, unlike with bigger businesses. Snow White Services offered and the pricing strategy Snow White Laundry & Dry cleaning offers most of the services that other laundry services offer. However, it does not deal in coin-operated services. This probably means that there is no self-service for customers looking to have their garments washed and cleaned. Snow White is located in Sydney 58 Terrace Street, and the business employs 9-10 employees who are capable of handling the number of customers that come in regularly. Th e pricing strategy that is employed by Snow White is based on the amount of time required to do laundry, and the quantity of laundry being done. After-service delivery is also among the businessââ¬â¢s repertoire, where laundry can be taken to the respective owners. This is also done for a specified fee that is included in the price of conducting services. This strategy works to increase the service rate and increase the profits they receive (Lynn, 2010). Promotion and the situational analysis surrounding the business Offering deluxe services to some of their regular customers is a worthwhile promotion strategy. The discerning and hand finishing process makes customersââ¬â¢ garments receive extra attention from the employees in the company. This gives the whole process of giving already done laundry a human touch. Moreover, the hour-express service ensures that customers who might be in a hurry can get their garments after an hour. This makes it easy for the business to attract customers from the area, and away from competition. Examining the external and
Tuesday, October 15, 2019
Social problem - elder care Essay Example | Topics and Well Written Essays - 1500 words
Social problem - elder care - Essay Example re services to their elderly parents, may hope not to find themselves facing such care needs, and may not face a legal requirement that they do so or face a requirement that is not enforced. The children may not, in fact, ever face such needs because some percentage of the elderly reaches the end of life without developing personal-care needs. The need to care for a child is in nearly all cases a temporary situation, followed by a transition a lengthy and gradual transition, to be sure - to the capacity for self-care associated with independent living as an adult. However, the transition into disability during old age may occur gradually or rapidly, and is likely to signal the onset of an irreversible state of dependency, one that will end only in death. Thus, for several reasons elder care merits, and receives, special attention. Yet, elder care and other major types of care work, such as caring for young children, share many common elements: much of the care is provided in private households and is done so "informally" by family members; the care entails heavy use of time inputs; care is provided more often by women than by men; the care effort imposes costs in many intangible domains upon those who do it; and, the caring produces benefits for society at large. Both the costs and the benefits are hard to quantify, in principle and in practice. (Arno, P., Levine, C., and Memmnott, M, 1999) Although different countries exhibit considerable variation in the types and generosity of publicly funded programs with which to meet the care needs of older people, the family remains "everywhere the most important providerâ⬠of such care. There is a voluminous research literature concerned with the nature, extent, components, and consequences of informal care provided to disabled elders. Much of that work is based on small, local-area samples, but in recent years a number of national-level data sources have become available with which to study elder care. One of the most
Monday, October 14, 2019
Early diagnosis of autism and impact on prognosis Essay Example for Free
Early diagnosis of autism and impact on prognosis Essay Autism and IQ Introduction Early diagnosis of autism and impact on prognosis: a narrative review à à à à à à à à à à à Fernell, Eriksson and Gillberg (2013) based the study of the individuals affected by ASD on the magnocellular theory. The theoryââ¬â¢s main constructs include that the people suffering from the disorder will have impaired magnocellular transmission networks and that the impairment is the cause of their problems in the processing of information on movement and motion. The theory also explains the problem as one, where results from the abnormal nature of magnocellular neural networks and a variety of sensory systems, unlike in the case of other similar conditions like dyslexia. The main constructs of the theory used by the authors of the article are based on the malfunctioning nature of the networks that guarantee that the working of the human brain is effective and optimal. The main constructs explored under the theory incorporated into the study are related in a variety of ways.Theyinclude the neurodevelopment deficiencies found in the brains of these individuals are the main cause for the impairment of the individualââ¬â¢s social instinct.The article draws on the behaviors that are manifest from the nature of these individuals, to conclude that the impairment of brain networks lead to socially instinctual deficiencies, for example,slowness in flicker-pedestal evaluations. In real life situations, the individual is not able to indicate the appearance of the different squares.Fernell, Eriksson and Gillberg (2013) contended with the premise of the theory that the effects seen arise from physiological underdevelopment of the brain. They also offered the explanation that impaired development or underdevelopment is caused by a variety of medical deficiencies. Based on the research done in a five-year period, they highlighted that there is a wide variety of causes, including the developmental deficiencies, early detection and trials to correct the issue and the effects of treatment. The effects explored included the impairments seen in the social functionality of the child and the outcomes of the treatment plan. For example, one of the effects explained was that there is little evidence of effective results arising from early interventions (Fernell, Eriksson Gillberg, 2013). The article explored a variety of variables that are either moderating or mediating, depending on their nature and levels, including being epileptic and the fragility of the x syndrome. In the working out of the various constructs, the researchers controlled for the outside factors and variables, and reached the conclusion that there is littl e effectiveness in the early intervention models developed. From the study of the meta-analyses of the studies published by Pub Med in last five years. The researchers found some information showing that the adoption of early intensive treatment led to the successful correction of the problems found in children suffering from ASD. The interpretation of the findings was that more study was needed to explore the link between the impaired development of the networks and the intensity of behavioral corrections. Based on the articleââ¬â¢s area of study as well as its findings, some information gaps were exposed, including those on whether the mediating variables of epilepsy among others could hold the key to the positive outcomes. The effects of the mediating factors should be explored further, so as to find out whether it will be necessary to develop a new theory incorporating them (Fernell, Eriksson Gillberg, 2013). The main constructs explored under the theory incorporated into the study are related in a variety of ways.Theyinclude the neurodevelopment deficiencies found in the brains of these individuals are the main cause for the impairment of the individualââ¬â¢s social instinct.The article draws on the behaviors that are manifest from the nature of these individuals, to conclude that the impairment of brain networks lead to socially instinctual deficiencies, for example,slowness in flicker-pedestal evaluations. In real life situations, the individual is not able to indicate the appearance of the different squares.Fernell, Eriksson and Gillberg (2013) contended with the premise of the theory that the effects seen arise from physiological underdevelopment of the brain. They also offered the explanation that impaired development or underdevelopment is caused by a variety of medical deficiencies. Based on the research done in a five-year period, they highlighted that there is a wide variety of causes, including the developmental deficiencies, early detection and trials to correct the issue and the effects of treatment. The effects explored included the impairments seen in the social functionality of the child and the outcomes of the treatment plan. For example, one of the effects explained was that there is little evidence of effective results arising from early interventions (Fernell, Eriksson Gillberg, 2013). The article explored a variety of variables that are either moderating or mediating, depending on their nature and levels, including being epileptic and the fragility of the x syndrome. In the working out of the various constructs, the researchers controlled for the outside factors and variables, and reached the conclusion that there is little effectiveness in the early intervention models developed. From the study of the meta-analyses of the studies published by Pub Med in last five years. The researchers found some information showing that the adoption of early intensive treatment led to the successful correction of the problems found in children suffering from ASD. The interpretation of the findings was that more study was needed to explore the link between the impaired development of the networks and the intensity of behavioral corrections. Based on the articleââ¬â¢s area of study as well as its findings, some information gaps were exposed, including those on whether the mediating variables of epilepsy among others could hold the key to the positive outcomes. The effects of the mediating factors should be explored further, so as to find out whether it will be necessary to develop a new theory incorporating them (Fernell, Eriksson Gillberg, 2013). à à à à à à à à à à à Randomized, controlled trial of an intervention for toddlers with autism: the Early Start Denver Model à à à à à à à à à à à Dawson and colleagues (2010) did a randomized study exploring the effectiveness of the ESDM model of treatment. The ESDM is a developmental model of treatment based on behavioral interventions and is intended to lessen the severity of the effects of the toddlers suffering from ASD. The mediating and moderating areas explored through the study included the age of the children, which ranged from 18 to 30 months. The independent variables of the study included the delivery of ESDM model of treatment, and the dependent variable beingchecked towards theory development was the reduction in the severity of the ASD condition. The theory under exploration was the empathizing-systemizing theoretical model. The main position of the theory is that the children suffering from ASD get fewer scores in adaptive behaviors like empathy as compared to their peers (Dawson et al., 2010). The theory is based on the outlook that the effects of autism limit a chi ldââ¬â¢s ability to adapt to social situations and their environment. à à à à à à à à à à à The main constructs of the theory include the systematized nature of social functionality, sensory manipulation, and the working of motor-based systems. The relationship of the constructs is that the impairment in the development of the brain leads to the reduced effectiveness of the autistic child. The cause of the phenomena includes the impairment in the development of the brain. The effects include the low levels of emotional ability (empathy), sensory manipulation including tapping; and motor manipulation like rocking. The mediating variables included the ages of the children and were not demonstrated to have any effect on the effectiveness of the treatment (Dawson et al., 2010). In the operationalization of the constructs, the study used a study group and a control group. The study split the sampled children of ages ranging from 18 to 30 monthsinto two groups (control and study).In addition, it delivered the ESDM treatment over a two-year period and demonstrated that the method yielded results.The study adopted a statistically comparative study of the childrenââ¬â¢s standardized scores. The study showed that the treatment was effective, and the study contributed to the advancement of the theory that the developmental effects can be reduced. The results of the study could widen the scope of the theory among others as many have maintained the position that treatment does not yield results(Dawson et al., 2010). Systematic Review of Early Intensive Intervention for Autism Spectrum Disorders à à à à à à à à à à à Warren and colleagues (2011)based their study on the theory of applied behavioral evaluation. The main constructs of the theory include that the principle that child learning can be utilized to improve the affected behavioral areas, through behavioral learning. The implications of the principle are that, despite that it may be impossible to solve the problems completely; it is possible to reduce the severity and develop behaviors that reduce their adversity. The relationship between the constructs is based on the outlook that behaviors are learned and that the impaired behavioral areas can be improved through specificallytargeted learning. The learning that is effective for different individuals is often different, depending on the severity of the ASD in the different areas of underdevelopment. The causes in a relationship include the impairments of the childrenââ¬â¢s brains, and the effects of behavioral training. The mediating factors explored in the study include the outlook of the behavioral training and its effectiveness. The aspects taken into account as determinants of the effectiveness of the process include the team that administers the behavioral training. In the operationalization of the constructs, the study explored the study explored the modeling based on the early start Denver system. The study entailed the review of the literature that explored the field during the years spanning from 2000 and 2010. The study was mainly a literature review of the studies done, in the past, in the area. The study did not apply any statistical analyzes, due to its nature. The findings of the study included that the Lovaas-based model of treatment, among a few other early intensive training for behavioral development, improved skills like language, cognitive abilities, and social behaviors. The interpretation of the results was that early interventionism is useful in countering or lessening the severity of the impacts of ASD. Autism spectrum disorders: an overview of diagnosis andtreatment à à à à à à à à à à à Brentani and colleagues (2013) based their exploration of the problem of ASD and the corrective measures employed to address it, on the developmental milestones of children aged between 0 and 3.The article started by exploring the wide array of developmental impairments that resemble ASD, including a Hellerââ¬â¢s syndrome.It emphasized that they all result from the faulty or compromised working of the childââ¬â¢s brain systems(Brentani et al., 2013). The effects of ASD explored include the abnormality of social engagement, creative play, and language skills. The major constructions explored by the authors in the review included the diagnostic models used, main areas of evaluation, the scales and tools for evaluating the problem and the information generated through epidemiological treatment models. In exploring the wide array of constructs, the authors reviewed the studies exploring ASD and the different variables. The relationship b etween the constructs includes that some contribute to the development of ASD The relationship between the constructs includes that some contribute to the development of ASD andothers are the outcomes(Brentani et al., 2013). The causes covered by the study include drugs administered for symptom control and the scales used to evaluate the problem and their effects on the management of the problem. There are no mediating or moderating constructs, but the dependent constructs include the change of the symptoms of ASD. The study was mainly a review of theliterature; therefore, it did not employ any research methods. Using the outcomes of the study, there was no information reported on the recovery of the subjects covered by the study after they were subjected to the corrective and management-based treatments. Further, the study gave the impression that it is necessary to develop multi-professional teams in the exploration of the problem of ASD. In addition to its engagement with management or treatment models (Brentani et al., 2013). Autistic spectrum disorders: Diagnostic and Therapeutic challenges in Mexico à à à à à à à à à à à Marquez-Caraveo and Albores-Gallo (2011)explored the nature of ASD, which are developmental impairments that affect three areas, including the skills of communication, interactive skills in social settings and motor movements. The study explored in the article is based on the developmental theory of mind blindness. The theoretic model that emphasizes the blindness of the mind, is based on the concept that the autism of a child is initially noticed by parents. Among the other people within the social circle of the child as early as when they are as young as 12 months of age.The theory highlights that the areas of cognitive and interactive development that are impaired include the childââ¬â¢s ability to observe the behavior of another and then adjust in response. One example of real-life experience that demonstrates this area of weakness is that you will find the autistic child looking outside the window, but they will notice little on th e view outside the window. In exploring the theory, the researchers highlighted that less than 38% of families seek medical advice, even after noticing the developmental deficiencies that give evidence of ASD. The researchers also highlighted the necessity of training health and educational service providers, on the developmental course of social communication and interactions as well as language acquisition. By developing the experience and the knowledge needed to discover the problems of the children, they will report the condition before it escalates to levels that are more adverse. The theory highlights that the areas of cognitive and interactive development that are impaired include the childââ¬â¢s ability to observe the behavior of another and then adjust in response. One example of real-life experience that demonstrates this area of weakness is that you will find the autistic child looking outside the window, but they will notice little on the view outside the window. In exploring the theory, the researchers highlighted that less than 38% of families seek medical advice, even after noticing the developmental deficiencies that give evidence of ASD. The researchers also highlighted the necessity of training health and educational service providers, on the developmental course of social communication and interactions as well as language acquisition. By developing the experience and the knowledge needed to discover the problems of the children, they will report the condition before it escalates to levels that are more adverse. à à à à à à à à à à à The major constructs explored in the study included the discovery of the symptoms of autism, the instruments for assessing the problem, and the psychosocial treatments that can be used to address the problem. The relationship between the various constructs is one that demonstrates a continuum model.This is where the observation of symptoms should lead to the use of dedicated tools to study the problem and initiating psychosocial treatment to reduce the severity of the problem.The cause variable is the symptoms of ASD. The mediating and in some case moderating variable is the evaluation of the problem using dedicated tools. The dependent variable is initiating psychosocial treatment, which leads to the reduction of the problem. The constructs were mainly explored as a continuum of events, and not operationalized as cause-effect based phenomena. The study was mainly a literature review exploring the literature developed about ASD, its treatm ent and the course of discovery. The article led to questions on the importance of training/ teaching parents on ASD, so that they can detect ASD early and initiate psychosocial development for better outcomes. The mediating and in some case moderating variable is the evaluation of the problem using dedicated tools. The dependent variable is initiating psychosocial treatment, which leads to the reduction of the problem. The constructs were mainly explored as a continuum of events, and not operationalized as cause-effect based phenomena. The study was mainly a literature review exploring the literature developed about ASD, its treatment and the course of discovery. The article led to questions on the importance of training/ teaching parents on ASD, so that they can detect ASD early and initiate psychosocial development for better outcomes. The mediating and in some case moderating variable is the evaluation of the problem using dedicated tools. The dependent variable is initiating psychosocial treatment, which leads to the reduction of the problem. The constructs were mainly explored as a continuum of events, and not operationalized as cause-effect based phenomena. The study was mainly a literature review exploring the literature developed about ASD, its treatment and the course of discovery. The article led to questions on the importance of training/ teaching parents on ASD, so that they can detect ASD early and initiate psychosocial development for better outcomes. References Brentani, H., de Paula, C., Bordini, D., Rolim, D.,à Sato, F.,à Portolese, J., Pacifico, M.,à McCracken, J. (2013). Autism spectrum disorders: an overview of diagnosis and treatment.Rev. Bras. Psiquiatr.à 35 (Supl. 1), S62-72. Dawson, G., Rogers, S., Munson, J., Smith, M., Winter, J., Greenson, J., Donaldson, A., Varley, J. (2010). Randomized, controlled trial of an intervention for toddlers with autism: the Early Start Denver Model.Pediatrics, 125 (1), e17-23. Fernell, E., Eriksson, M., Gillberg, C. (2013). Early diagnosis of autism and impact on prognosis: a narrative review. Clin Epidemiol, 5, 33-43. Marquez-Caraveo, M., Albores-Gallo, L. (2011). Autistic spectrum disorders: Diagnostic and Therapeutic challenges in Mexico. Salud Mental, 34, 435-441. Warren, Z., McPheeters, M., Sathe, N., Foss-Feig, J., Glasser, A., Veenstra-VanderWeele, J.A. (2011). Systematic Review of Early Intensive Intervention for Autism Spectrum Disorders. Pediatrics,127(5), e1303-e1311. 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Sunday, October 13, 2019
Richard Nixon and the Watergate Scandal Essay -- American History Poli
June 17th, 1972 would be a day America would never forget--it was the start of one of the largest scandals in our government. Richard Nixon was president of the United States and the people trusted him. However this trust would be betrayed, as he got involved in something now known as the Watergate Scandal. This was an interesting time in history because it was a large cover up by the Republican Party. Also, how different people reacted to this event was fascinating because some people were so blind to the truth, that they stuck behind Nixon even once tapes and other credible evidence against him was produced. In this paper I will describe the events of Watergate and the publics opinion and reactions to this lengthy Scandal that corrupted our Nations government. Richard Nixon was the thirty-seventh President of the United States of America, serving a term from 1969-1974, being elected not once but twice. He is the only President to have resigned from office during his term as President, by doing this however he escaped the likely process of being impeached. However Ford who was his successor, pardoned him and let him keep his dignity. The Watergate scandal started with the arrest of five burglars who had broken into the headquarters of the Democratic committee. After many lengthy investigations by the FBI and other government organizations it was found that this burglary was only one of the many illegal activities that had been going on under Nixonââ¬â¢s administration. Men that were involved in the burglary at the Watergate hotel and offices were found to be part or former members of Nixonââ¬â¢s staff. Then one of the men arrested turned out to be the Nixon committeeââ¬â¢s security coordinator. Federal and state investigators next lear... ...nt and the people we choose to elect to office. Works Cited 1 ââ¬Å"Republican Mystery.â⬠New York Times (1857-Current file);Aug 26, 1972; ProQuest Historical Newspapers. The New York Times (1851-2004) pg. 24 2 ââ¬Å"Cover-up.â⬠William V. Shannon. New York Times(1857-Current file); Sep 24, 1972; ProQuest Historical Newspapers. The New York Times91851-2004) E13 3 ââ¬Å"Politics And the F.B.I.â⬠Tom Wicker. New York Times(1857-Current file); Sep 21, 1972; ProQuest Historical Newspapers. The New York Times(1851-2004) pg. 47 4 ââ¬Å"The Lessons of Watergate: Thirty Years On.â⬠Michael A Genovese. Presidential Studies Quarterly. Washington: Jun 2004. Vol. 34, Iss. 2; pg. 455-8. 5 ââ¬Å"Exorcising Nixonââ¬â¢s Ghost.â⬠David Greenberg. Los Angeles Times. Los Angeles, Calif.: Jul 9, 2007. Pg. A. 15 6 ââ¬Å" Watergate.â⬠John Giuffo. Columbia Journalism Review. New York: Nov/Dec 2001. Pg. 74-5
Saturday, October 12, 2019
A Freudian Perspective of Shakespeares Macbeth Essay -- GCSE English
Macbeth:à A Freudian Perspective à à à à à Macbeth and Lady Macbethà We may take as an example of a person who collapses on reaching success, after striving for it with single-minded energy, the figure of Shakespeare's Lady Macbeth. Beforehand there is no hesitation, no sign of any internal conflict in her, no endeavour but that of overcoming the scruples of her ambitious and yet tender-minded husband. She is ready to sacrifice even her womanliness to her murderous intention, without reflecting on the decisive part which this womanliness must play when the question afterwards arises of preserving the aim of her ambition, which has been attained through a crime. à Analytic work has no difficulty in showing us that it is forces of conscience which forbid the subject to gain the long-hoped-for advantage from the fortunate change in reality. It is a difficult task, however, to discover the essence and origin of these judging and punishing trends, which so often surprise us by their existence where we do not expect to find them. For the usual reasons I shall not discuss what we know or conjecture on the point in relation to cases of clinical observation, but in relation to figures which great writers have created from the wealth of their knowledge of the mind. We may take as an example of a person who collapses on reaching success, after striving for it with single-minded energy, the figure of Shakespeare's Lady Macbeth. Beforehand there is no hesitation, no sign of any internal conflict in her, no endeavour but that of overcoming the scruples of her ambitious and yet tender-minded husband. She is ready to sacrifice even her womanliness to her murderous intention, without reflecting on the decisive part which this womanl... ... Die Braut von Messina, III v. Strachey and Tyson (eds.). à à Endnote 2 Cf. Macbeth, Act III, sc. I: Upon my head they placed a fruitless crown, And put a barren sceptre in my gripe, Thence to be wrenched with an unlineal hand, No son of mine succeeding ... à à Endnote 3 As is Richard III's wooing of Anne beside the bier of the King whom he has murdered. à à Endnote 4 Freud had already suggested this in the first edition of The Interpretation of Dreams (1900), Standard Edition, IV 266. Strachey and Tyson (eds.). à à Endnote 5 This does not appear to have been published. In a later paper on Macbeth Jekels (1917) barely refers to this theory, apart from quoting the present paragraph. In a still later paper, on The Psychology of Comedy, Jekels (1926) returns to the subject, but again very briefly. Strachey and Tyson (eds.).à Ã
Friday, October 11, 2019
A statement of purpose (essay) for the LL.M. Comparative Law program in the University of Miami
A career in law has long been my greatest dream. I believe part of it was inspired by the movie characters of smart, educated lawyers who can break through the legal caveats to prove the innocence of a guileless victim.The other part came from my fascination with the intricacies of law and complicated logic involved in legal decisions and choices. Today, looking back upon my education and experience, I feel that I am ready to face the challenges of the profession and legal education.The LL.M. Comparative Law program in the University of Miami seems to be the best match for my intentions and plans. Reliance on comparison of legal systems in different nations targeted at a diverse student body will help me leverage my expertise in various aspects of Russian law.Simultaneously, I will be able to benefit from learning about other nationsââ¬â¢ legislation, communicating with students from all over the world. The international character of the program is a great advantage for someone wh o, like me, plans to become a top professional of the global calibre. An extensive alumni network scattered all over the globe will provide me with networking opportunities and help establish contacts that often form the foundation of a legal career.The small size of the student body involved in the LL.M. Comparative Law program gives me hope to build long-term relationships with my colleagues, and a wide range of international programs supported by the University of Miami School of Law will also be useful to help establish a wide range of connections.I hope to turn my time at the University of Miami into a memorable experience filled with intense study, but also with strong extracurricular work that would widen my horizons and scope of experience. Having been active in different university pursuits in Russia, I hope to contribute to the existing student groups and clubs and possible create new ones.The variety of courses and wide scope of their content will help me attain the desir ed result: customize my education to fit my specific goals. I plan to focus on international law during my studies. At the time, this area is most promising in my home country and would broaden my scope of choices, enabling me to qualify for an appropriate job in Moscow or anywhere else in the world.Whatever my destination can be, I hope to obtain a position with a respectable, well-established law firm that would equip me with a practical foundation to support my theoretical expertise. From then on, I hope to build my career through successful work and growing professionalism, aspiring to become partner in the firm where I will be employed.Thus, I hope that my enrolment in the LL.M. Comparative Law program in the University of Miami will deliver the results that meet my aspirations. It will expand my knowledge base dramatically, raise my expertise in various domains of law, and make me the type of professional that can represent interests of clients on an international level.I hope that this educational effort will open to me the new world of international law, helping me make a greater contribution to the field and in particular development of law in my country. Russia still has to go a long way to bring its laws in line with international standards, and I believe that in my career activities I can contribute to this process. Building long-term relationships with other students and broadening my social network will also be helpful on my way toward professional success.
Thursday, October 10, 2019
Mo-tzuââ¬â¢s Argument Against Music Essay
Mo-tzu (also called Mozi, Moz, or Micius in Latin) was a renowned philosopher in China back in about 390-470 B. C. during the time of the Hundred Schools Thought (Wikipedia, 2007). Having founded Mohism, he argued about the inadequacy of Confucianism and Daoism on the need for a mortal being to self-reflect and meditate upon oneself. He also insisted that, instead of rituals and singings, what human beings need are acts of authenticity that does not include the use of drums, zithers, and pipes. He, therefore, stressed out: ââ¬Å"To have music is wrongâ⬠(Par. 1, Book VIII, Chapter XXXII). Main Body We all agreed that Mo-tzu presented a very well thought of argument against music. This can be seen when he stated, Although the body knows they are comfortable, the mouth knows they are gratifying, the eyes know they are delightful, and the ears know they are pleasing, yet they are found not to be in accordance with the deeds of the sage-kings of antiquity and not to contribute to the benefits of the people at present. (Par. 1, Book VIII, Chapter XXXII) In saying this, he implied that music did not have anything to do with the greatness and success of the sage-kingsâ⬠¦ that it did not fulfill the basic needs, unlike the boats and the carts that were built from the same contribution of the ancient citizens. It slowed production by wasting labor on things that are of no use. He stated, The levy of heavy taxes on the people to construct the big bell, the sounding drum, the chââ¬â¢in and the she, and the yY and the sheng, is not at all helpful in the endeavor to procure the benefits of the world and destroy its calamities. Therefore Mo-tzu said: To have music is wrong. (Par. 3, Book VIII, Chapter XXXII) Mo-tzu is absolutely correct. Yet in spite of this, if people accept that music is not useful in acquiring the needs of this world, such as food, clothing, and rest (Par. 3, Book VIII, Chapter XXXII), then they must also understand that, just like music, philosophy is just as useless in acquiring the needs of this world, such as food, clothing, and rest (Par. 3, Book VIII, Chapter XXXII). In fact, as compared to music, philosophy presents greater cause for men to think deeply, and run into sickness and chaos (with oneself or with the society) that, in turn, makes them more prone to hunger, to state of undress, and to unrest. What philosophy has failed to give men, music could give with just a stroke or a beat of the instruments. True, musical instruments cannot be directly eaten and cannot cloth the naked, yet the instruments were also considered treasures in the long ago, which means that the owners could sell it for a chance to buy food or clothing in exchange of the musical instruments. When it comes to giving rest, however, music has the capability to give rest to those who are bothered psychologically or biologically. Philosophy, on the other hand, cannot be exchanged for food, clothing, or rest, since it all runs in the mind of the wise men. Thinking about the statements of the wise will just make men hungrier, poorer with less clothing, and more troubled. I, therefore, stress outââ¬âto have philosophy is totally wrong! Conclusion Mo-tzu failed to acknowledge that music is an art that sprouts from the very being of the individual. It is like painting, sculpture, literature, or the use of colors. It is an expression of what human beings feel, think of, believe in, or acknowledge. It comes from the mind. With this, it is very obvious that to say that music is totally wrong would also mean that philosophy is totally wrong, since the latter is also an expression of what human beings feel, think of, believe in, or acknowledge. Music comes from the mind just as philosophy comes from the mind. The only difference is that philosophy centers on chosen beingsââ¬âthose who are more gifted and wiseââ¬âthan when compared to music, which is so ordinary and can be expressed by anyone who dreams of expressing himself. Yet they both come from the mind. Even if both have their own sides of gains, both are totally incapable of destroying calamities.
Forfeiture Clauses in Construction Contract
In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. ââ¬Å"Forfeiture clauseâ⬠is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractorââ¬â¢s employment under it, or to eject the contractor from the site, or otherwise to take the work substantially out of his hands.In standard form building contracts it is usually referred to as ââ¬Ëdetermination of employmentââ¬â¢ or termination. In this sense JCT SBC 05 clauses 8. 4 and 8. 9 which relates to termination by employer and contractor respectively are forfeiture clauses. It is common in construction contracts to find determination clauses allowing either side to bring their contractual obligations to an end should an event specified occur due to the actions or i nactions of the other.It would seem that common law determination and determination under a clause of contract are alternatives. There are differences between the processes. First, whereas common law determination depends upon repudiatory conduct or a fundamental breach, the grounds of determination specified by the contract need not exhibit these features, although frequently such will be present. Second, the remedies for common law determination are provided by law, whereas with a contractual determination the clause itself must expressly deal with the issue of remedies.Third, at common law in the face of repudiatory conduct or fundamental breach the innocent party need only indicate to the other that he accepts the breach and considers the contract discharged. Under a contractual determination clause the procedure specified must be carefully followed, failure to so may prevent a successful determination. The right of forfeiture may be stipulated to accrue either 1) on the bankrup tcy of the contractor only, or ) on his bankruptcy and also on the occurrence of other events, or 3) on the occurrence of other events only Clause 8. 5. 1 of the JCT SBC 05 states that if the contractor is insolvent, the employment may at any time by notice to the contractor terminate the contractorââ¬â¢s employment. Similarly Clause 8. 10. 1 of the JCT SBC 05 states that the employer is insolvent, the contractor may by notice to the employer terminate the Contractorââ¬â¢s employment under the contract.A provision empowering the employer to forfeit the contract on the bankruptcy of the contractor is introduced into building and engineering contracts for the purpose of preventing a contractorââ¬â¢s trustee in bankruptcy from electing to complete the contract, and such a provision is valid, if it is coupled with a stipulation that the contractorââ¬â¢s contract shall be a personal one; and further, so far as the forfeiture affects the mere licence of the contractor to enter upon the site, it would seem that the revocation of that licence can be conditioned on bankruptcy, as a mere licence does not seem to be included in the definition of property[1].A trustee, however, would be entitled to enter the site to remove property of the bankrupt in respect of which the employer had no right under the contract The validity of a right to forfeit on the bankruptcy of the contractor is dependent on the nature of what is stipulated to be forfeited.In addition to bankruptcy, forfeiture is usually conditioned upon the happening of one or more of the following events: 1)not commencing the work 2) not regularly proceeding with the work for a fixed number of days[2], 3) not proceeding to the satisfaction of the employer or the architect[3], 4) not proceeding with such despatch as, in the opinion of the architect, will enable the works to be duly completed by the time stipulated, 5) not observing some stipulations of the contract[4] 6) leaving the works in an unfinishe d state, or 7)failing after proper notice to rectify defective work, 8) not maintaining the works[5] JCT 05 SBC Clause 8. states: 1. Notice of termination of the Contractorââ¬â¢s employment shall not be given unreasonably or vexatiously. 2. Such termination shall take effect on receipt of the relevant notice 3. Each notice referred to in this section shall be given in writing and given by actual, special or recorded delivery. Where given by special or recorded delivery it shall, subject to proof to the contrary, be deemed to have been received on the Second Business Day after the date of posting. Also Clause 8. 3 of the JCT 05 states: 1. The provisions of clauses 8. 4 to 8. 7 are without prejudice to any other rights and remedies of the Employer.The provisions of clauses 8. 9 and 8. 10 and (in the case of termination under either of those clauses) the provisions of clauses 8. 12, are without prejudice to any other rights and remedies of the contractor. 2. Irrespective of the grou nds of termination, the contractorââ¬â¢s employment may at any time be reinstated if and on such terms as the parties may agree The requirements of the contract must be properly complied with, for the courts construe forfeiture clauses strictly[6], and a wrongful forfeiture by the employer or his agent normally amounts to a repudiation on the part of the employer[7].There must be some definite unqualified act showing that the power has been exercised, although writing or other formality is not necessary unless expressly required. The contract may also require a certain notice to be given, and that such notice must set out the default complained of[8]. In appropriate circumstances the notice may be of a general character and need not necessarily refer to the number of the clause which is being invoked, provided that there is no doubt that it is exercising or purporting to exercise the contractual power of determination[9].But it is obviously preferable to state explicitly the clau se relied on and to follow its actual wording as closely as possible. It also seems that if a material statement in such a notice is made recklessly, without an honest belief in its truth, the notice is a nullity. Forfeiture in reliance on such a notice would be ineffective and would normally amount to repudiation by the employer. When an event occurs which gives rise to the right to forfeit, the power of forfeiture must be exercised within a reasonable time or the employer will be deemed to have waived his ight unless the event is a continuing breach of contract. Where the contract provides for termination of the contract by a warning notice followed by a termination and two notices have been served, a party can only rely on that provision if an ordinary commercial businessman can see that that there is a sensible connection between the two notices both in content and in time as seen in the case of Architectural Installation Services v James Gibbon Windows[10]Also, where the contra ct provides for completion by a certain date and also provides for forfeiture for delay, and the completion date has passed, it is a question of construction whether the forfeiture clause for delay can still be enforced. Thus where the object of the clause was to enable the architect to ââ¬Å"have the means of requiring the works to be proceeded with in such a manner and at such a rate of progress as to ensure their completion at the time stipulatedâ⬠it was held that the clause did not apply after the completion date[11].But in another contract where the clause provided ââ¬Å"for the execution of the work with due diligence and as much expedition as the surveyor will requireâ⬠, it was held that the clause was as much applicable to the fulfilment of the contract within a reasonable time as to its completion by the contract date. The parties may agree that any consequences may follow the exercise of a right of forfeiture[12], provided there is no illegality, nor fraud on the bankruptcy law, and the clause is not so onerous that it will not be enforced on the grounds that it is a penalty[13].The employer is usually given the right to take possession of the site and complete the works. In addition, there is frequently a clause vesting the property in unfixed materials, and perhaps plant, in the employer, or there may be merely a right to seize the materials[14] or hold them by way of lien[15] until they are built into the works, or there may be clauses giving the employer rights to use the contractorââ¬â¢s plants and materials[16]. Where the contractor is guilty of any of the defaults specified in clause 8. . 1 JCT 05 SBC, the contract administrator is to issue a written notice specifying the default. If the default is then continued for 14 days, the employer may within 10 days of the continuance terminate the contractorââ¬â¢s employment by using a notice to this effect. Furthermore, if termination does not take place on this occasion, any subse quent repetition of a specified default gives the employer the right to terminate immediately; there is no need (and indeed no power) to issue a second default notice. 17] It is also expressly provided under clause 8. 2. 1 that a notice of termination is not to be given ââ¬Ëunreasonably or vexatiouslyââ¬â¢ When an employer, in exercise of his rights under a forfeiture clause, enters and completes the work and uses the contractorââ¬â¢s materials or plant, or holds retention money due to the contractor, he must, subject to the provisions of the contact, account to the contractor. He will have to show that that the materials and plant and money were expended reasonably[18].The Court, it would seem ,as seen in Fulton v Dornwell[19], will make full allowance for extra cost caused by the disruption and delay occasioned by the contractorââ¬â¢s default. Also, where the employer determines the contract under a forfeiture clause because of some breach of contract by the contractor , the employerââ¬â¢s right to damages depends upon the wording of the contract. He may not be entitled to the enhanced cost of completing by another contractor if the breach for which he determined the contract did not amount to repudiation and the contract does not so provide. 20] Termination of contract was examined in the recent case between Ellis Tylin ltd v Co-operative Retail services[21]. Co-operative Retail services Ltd (CRS) is a national retailer which operates from approximately 730 premises across the country. In early 1996 it contracted with Ellis Tylin the task of maintaining and repairing mechanical and electrical plant within its various premises. The contract was for a period of three years with provision for revision of rates of payment at the end of the first and second years.Disputes arose as to the scope and responsibility for works carried out under the agreement and the operation of the contract came to an end three months after the end of the first year. C lause 1. 8 of the agreement concerned the review of fees for the maintenance services and the rights of either party to terminate the contract in the event that agreement could not be reached. Disputes arose as to whether the proper mechanisms for termination had been applied and the court was asked to consider these questions as preliminary issues.It was acknowledged that the right of Ellis Tylin to end the agreement pursuant to clause 18 only arose if Ellis Tylin first took the action described within that clause. This involved making a written proposal for the revision of the amount of the fees after the expiry of ten months from the date of commencement of works. CRS argued that Ellis Tylin had failed to follow this procedure. Counsel for CRS submitted that clause 1. 8 of the contract should be construed either as a determination clause or as a break clause comparable to the type of provision found in leases. Strict compliance was required.The act of contractual determination wa s one which deprived the other party of the benefit of the contract it had concluded. His honour Judge Bowsher QC reviewed textbooks on the subject of contractual termination. In Chitty on contracts (27th edition)[22], it was stated ââ¬Å"the terms of the of the termination notice may provide that notice can only be given after a specified eventâ⬠. In the Interpretaion of contracts by Kim Lewison QC[23], it is stated ââ¬Å"An option to terminate is construed in the same manner as any other option, and accordingly any condition must be strictly complied with.Any condition precedent must be strictly fulfilled. The clause must be exercised strictly in accordance with its termsâ⬠. Also Hudsonââ¬â¢s Building and Engineering (11th edition) states[24], ââ¬Å"Exact and meticulous compliance by the determining party with any formal or procedural requirements laid down in the termination clause, for example, as to notices or time limits, will usually be required if a contractu al termination is to be successfulâ⬠Judge Bowsher added however, that words in a contract should be given a natural and ordinary meaning and he quoted Lord Diplock when he said in Antaios Cia Naveira SA v Salen Rederierna AB[25]: ââ¬Å"if detailed semantic and syntactical words in a commercial contract is going to lead to a conclusion that flouts business common sense, it must be made to yield to business common senseâ⬠.Judge Bowsher concluded that whilst Ellis Tylin had given notice earlier than the time period set down in the contract, there could be no doubt of the intention that negotiations should take place for a revision of the fee. Taking into account all the evidence he concluded that Ellis Tylin had given valid notice of termination of agreement. However, subsequent evidence showed that the parties had in fact agreed revision to the fees to be submitted to the second year of the contract.Accordingly the notice of the termination had been overridden, and could no t be regarded as a valid notice. By ceasing to work following expiry of its invalid termination notice, Ellis Tylin had repudiated the contract. The wrongful operation of a termination clause (i. e when you are not entitled to) amounts to repudiation. A contractual power of determination will be wrongly exercised if the events upon which it is conditioned are not established (unless the contract provides for that question to be concluded by a binding opinion or certificate).In the great majority of modern contracts the question will be subject to review by an arbitrator or the courts, however; and it has also been seen that the courts have, under some clauses, been prepared to imply a term that the exercise of the power itself should be reasonable as seen in Renard Construction v Minister of Public Works[26]. Contractual determinations will also be wrongful if exercised prematurely in breach of a contractual time limit, however marginally.It is an unavoidable feature of construction contracts that an employerââ¬â¢s purported determination will in nearly all cases constitute a repudiatory breach, if whatever the general merits, it later transpires that the determination was invalid. In such a case, if the contractor has accepted the repudiation by leaving the site, the owner will be liable for the possible heavy damages attendant upon repudiation and cannot, if he discovers his mistake, restore the contract status quo ante without the agreement of the contractor.The purported exercise of a power to forfeit may be invalidated either by reason of the fact that the events upon which it is conditioned have not occurred; or, that a correct notice has not been given[27], or that that a sufficiently clear election to exercise the right has not been made, or that there has been a been delay or other conduct recognising the continued existence of the contract after knowledge of the breach, if the breach is not a continuing one.Generally, the measure of damages in the case of a wrongful forfeiture falls to be determined by the ordinary common law rules. Per Lord Cranworth in Ranger v G. W. R. y,[28]: ââ¬Å"The right of the appellant (the contractor) would be to recover such amount of damages as would put him in as nearly as possible the same position as if no such wrong has been committed-that is, not as if there had been no contract, but as if he had been allowed to complete the contract without interruptionâ⬠In Smith v Howden Union (1890), the plaintiff had nearly completed a sewerage contract and the engineer fraudulently refused to certify. The defendants took possession of the works and certain plant. It was held that the plaintiff was entitled to damages for prevention of completion, such damages being what he would have been entitled to if he had completed and the engineer had certified; and judgement was given for the unpaid balance of the contract price, extras properly ordered, extras properly certified, and the value of the plan t seized.The principle remedy for any breach of contract is an award for damages. As a general principle, where an employer is guilty of a breach of a construction contract, the contractor is entitled to damages under two headings. The first is damages for any actual loss that has been suffered, and the second is damages for any profit of which the contractor had been deprived. Where the employerââ¬â¢s breach is sufficient to justify the contractor in terminating the contract, the contractor is entitled to damages reflecting everything which would have een received under the contract, or proportion of it that remains outstanding at the date of termination, less what it would have cost the contractor to complete the work. It has been clearly established that the damages should include the profit element on work remaining to be done as seen in the landmark case of Wraight Ltd v P H & T (Holdings) Ltd[29]. Where, however, the contract is one which the contractor had under-priced and on which the contractor would thus have made no profit, only nominal damages will be awarded for the employerââ¬â¢s breach.This is because as seen in C&P Haulage v Middleton[30], an award of damages should not put the claimant in a better position than if the contract had been performed. But if this procedure was relentless pursued it would lead to a party in default having to pay ââ¬Ëfor all loss de facto resulting from a particular breach however improbable, however unpredictableââ¬â¢. [31] The courts therefore set a limit to the loss for which damages are recoverable, and loss beyond such limit is said to be remote. The famous rule as stated in the case Hadley v Baxendale[32] is: Where two parties have made a contract which one of them has broken the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either (1) arising naturally, i. e according to the usual course of things from such breach of contract itself, or (2) such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of itâ⬠This is demonstrated in the case of Balfour Beatty Construction (Scotland) Ltd v Scottish Power Plc[33].The claimants there, who were constructing a concrete aqueduct over a main road, installed a concrete batching plant and arranged for the defendants to supply electricity to it. The claimants needed to pour all the concrete in a single continuous operation and so, when the electricity supply failed, the claimants had to demolish all the work which had been done. Unsurprisingly, it was held that while the defendants were clearly in breach of contract because of the power failure, they were not liable for the extra losses nvolved in the demolition and reconstruction, since the claimants had not informed them that a continuous pour was essential. It has long been established th at contractorââ¬â¢s claims for loss and expense under express contractual provisions are assessed in exactly the same way as damages for breach of contract. Any disruption to the regular process of work under a contract may lead the contractor to incur administrative costs, such as the diversion of managerial time and effort, at head office.If so, these costs may justifiably be claimed, but it will not be simply assumed that such losses have been suffered. They must be specified and properly supported by the evidence, for example by records of the time spent by individuals in dealing with the particular problem[34]. Where the contract period is prolonged by something for which the employer is contractually responsible, the contractor may may also seek to claim in respect of general office overheads.When making application for the head office overheads part of loss and/or expense under Standard Form Building Contracts, contractors often base their claim on a formula. The Courts ha ve never given approval to the use of formula in this way although they have accepted the use of formulae in certain cases which generally were decided on their own facts. Indeed, the courts have tended to disapprove formulae unless as a last resort or the parties have agreed their use as seen in Alfred Mc Alpine Homes North Ltd v Property & Land Contractors Ltd[35]. Actual costs are normally required.Claims for head office overheads are essentially claims for lost opportunity to contribute to those overheads, because the overheads do not actually change or, if they do, the amount of any extra overheads directly resulting from the delay can be claimed separately. Formulae assume a healthy construction industry and a contractor with finite resources with the result that if he is delayed on a project, he will be deprived of the chance to take other work. Where the industry is sluggish or where the contractor is so large that turning away work does not arise, the latter will face diffi cult problems in showing the lost opportunity[36].There are several formulae in common use notably Emden formula, Eichleay formula and Hudson formula. Also a contractor who has accepted the wrongful repudiation is not restricted to suing for damages for breach on contract. He may, as an alternative, where he has elected to treat the contract as rescinded, sue upon a quantum meruit. The expression quantum meruit means ââ¬Å"the amount he deservesâ⬠or ââ¬Å"what the job is worthâ⬠. A quantum reuit clause claim is one in which the contractor seeks payment of the reasonable value of work done for the employer.Where the employer is in breach of contract, the crucial question is whether the contractor in such circumstances can simply ignore the contract and instead claim a reasonable sum for all the work done, even if this means that the contractor recovers more than what would have recovered under the contract. In the situation where there is a contract, then the issue in a Contractual Quantum Meruit claim is either the measure of the ââ¬Å"reasonable sumâ⬠or the interpretation of similarly wide express terms. The issue is whether the measure is on the basis of cost or market price. There appears to be no hard and fast rule.In the case of an express contract to do work at an unquantified price, the measure is the reasonable remuneration of the contractor Serck Controls Ltd. v Drake & Scull Engineering Ltd[37]. In the case where there was a contract, the assessment of a quantum meruit was usually based on actual cost which would include on and off site overheads provided that it was reasonable and was reasonably and not unnecessarily incurred, plus an appropriate addition for profit[38] Judge Bowsher QC in Laserbore Ltd v Morrison Biggs Wall Ltd[39] had to decide the meaning of the term ââ¬Å"Fair and reasonable payments for all works executedâ⬠.He considered that the costs plus basis was wrong in principle even though in some instances it may produce the right result. The appropriate approach was to adopt general market rates.
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