Thursday, August 27, 2020

Willa Seidon at Tides Center Essay Example | Topics and Well Written Essays - 2500 words

Willa Seidon at Tides Center - Essay Example while the downturn is featured by expanded rivalry, low piece of the overall industry and money related imperatives and flimsiness. Indeed, even in these conditions the association needs to get by through its techniques. Regularly various techniques are received for endurance which requires hierarchical rebuilding and change the board. A visionary chief, with lucidity in thoughts regarding how to continue and compelling change execution is required at this stage. Authority: Leadership is an abstract idea. There is no specific meaning of administration; there are the same number of meanings of initiative as the quantity of individuals who had a go at investigating on the tremendous subject. Initiative is a social procedure installed in the psyches of pioneers of supporters. Incredible pioneers assist us with seeing the current circumstance and see a more promising time to come through the dull occasions. They see new chances and join each one to work for a shared objective, during whi ch they settle on basic choices to set a bearing to continue. A few specialists see initiative as force connection by which they can influence and present change in individuals. Some view it as transformational process by which the supporters can accomplish more than what is normal from them. While a few researchers see it as abilities viewpoint where they contend certain aptitudes and information are required to be compelling pioneers. (Northouse, Peter.G. 2009 ; Gallos, Joan.V. 2008; Koestenbaum, Peter. 2002) The contentions about pioneers are conceived or made is a ceaseless discussion. Numerous analysts state it could be both. A characteristic capacity to lead is significant and found in each pioneer. Then again different workshops and courses are led on viable administration programs. In this way heads have characteristic capacity and expertise to lead which can be additionally cleaned and changed over into progressively viable administration. (Lussier, Robert. N, Achua, Christ opher. F. 2009; Avolio, Bruce J. 2005) Effective pioneers persuade and motivate supporters; they have what it takes to take out the best from individuals. Authority is practiced on gathering of individuals and groups, for the most part with the plan to cause them to accomplish one shared objective rather singular objectives. Effective pioneers need to get undertakings, individuals and procedures in the association. They should go to the current circumstance work through them to recognize future prospects, give a dream and techniques to satisfy that vision and related missions, make a learning association where people’s advancement and development is vital of significance and direct their brains in planning and start coordinated effort among various segments, offices and procedures in the association. The capacity of the executives and the capacity of administration are frequently befuddled together. The executives gives request and consistency to the association and works for request and solidness while authority starts change and improvement and looks for versatile and valuable changes. Authority is tied in with building up bearing setting vision, strategic, and objectives, adjusting individuals get lucidity objectives, look for duty and constructed cooperation and last yet not the least rousing and motivating by engaging and fulfilling advancement needs. (Northouse, Peter.G. 2009 ; Gallos, Joan.V. 2008) Like numerous extraordinary pioneers, Willa Seldon is one of the motivating chiefs who helped Tides Center and guided them through the troublesome occasions. With her vision and capacity to oversee compelling change she drove Tides Center (TC). She was selected as a Chief Executive Director in September 2003, when Tides applied for the ‘seed grant’ of $ 1 million was offered by Kellog Foundation. During that time TC and the whole monetary sponsorship segment was battling for money related

Saturday, August 22, 2020

Duffy: The Real ‘Painful Case’ Essay

In â€Å"A Painful Case,† by James Joyce, the focal character is chilly, intelligent, and unfeeling. The storyteller of this story receives a critical and viciously negative perspective on the focal character, Mr. Duffy. Duffy is, allegorically, dead. He is dead to the universe of enthusiastic feelings that make others ‘alive,’ and he avoids most contact with different people, particularly passionate and cozy contact. He contends that ‘every bond is an obligation of sorrow,’ and utilizations this as avocation for not taking part in any connections of a cozy nature. He has ‘neither mates nor companions, church nor creed.’ Duffy’s room is recounting his character also. â€Å"The grandiose dividers of his uncarpeted room were liberated from pictures† (Joyce, 118). It is standard to set up pictures in one’s home of one’s family or companions, yet Duffy doesn't connect with either. He has no blissful recollections to deify in film and edge on his room divider. His room reflects the condition of his psyche: methodical and somber, uncluttered by anything looking like energy. In numerous regards Duffy is dead. The main closeness Duffy may have felt in his life was with Mrs. Sinico, yet in any event, when she bites the dust he at first feels only nauseate that he had imparted private pieces of himself to somebody who debased herself with a heavy drinker self destruction. â€Å"The entire account of her demise revolted him and it revolted him to believe that he had ever addressed her of what he held holy. [She had] a typical profane passing. Not just had she corrupted herself; she had debased him. He saw the dirty tract of her voice, hopeless and rotten. His soul’s companion!† (Joyce, 126-127) The degree of Duffy’s detached dread of closeness is with the end goal that in any event, when Mrs. Sinico kicks the bucket the main thing he can consider is the way her demise demeaned him. In the long run, Duffy understands that ‘he had retained life from her,’ and ‘he had condemned her to death.’ He understands that he, at any rate in huge part, had been answerable for her plummet, liquor addiction, and possible self destruction. He left her to depression when he quit seeing her, and that forlornness was what incited her passing. â€Å"Now that she was gone he understood how desolate her life more likely than not been, sitting after a long time after night alone in that room† (Joyce, 128). With the acknowledgment that he was liable for Sinico’s passing, Duffy understands that he also beyond words, and, similar to Mrs. Sinico, become just a memory. The motivation behind why Mrs. Sinico left recollections with Duffy is on the grounds that she connected and endeavored to turn out to be sincerely close with him. Not at all like Sinico, Duffy never made any such endeavors, and withdrew when he understood that their relationship was getting excessively close. In light of his absence of warmth and energy, when Duffy passes on almost certainly, nobody will even recollect him, and he understands this. â€Å"His life would be forlorn too until he, as well, kicked the bucket, stopped to exist, turned into a memory-on the off chance that anybody recollected him†¦ He chewed an amazing integrity; he felt that he had been outsider from life’s feast†¦ nobody needed him† (Joyce, 128-127) Nonetheless, significantly after Duffy results in these present circumstances agonizing acknowledgment he despite everything has little any expectation of changing his way of life to be progressively enthusiastic and ‘alive.’ This is appeared by Duffy’s considerations of Sinico close to the finish of the story. At first, he can feel her essence. â€Å"She appeared to be close to him in the haziness. At minutes he appeared to feel her voice contact his ear, her hand contact his† (Joyce, 128). Afterward, he sees a merchandise train rising up out of the Knightsbridge station, and envisions the ‘laborious automaton of the motor emphasizing the syllables of her name.’ as such he embodies her soul with the train. After the train leaves, so does his inclination that she is still there close to him; after the train disregards he feels absolutely once more. â€Å"He listened once more: consummately quiet. He felt that he was alone.† Duffy excuses Sinico’s soul, and by excusing her, he likewise excuses any expectation he had of figuring out how to live. As such the storyteller gives a negative perspective on Duffy, while demonstrating the peruser how Duffy has little any expectation of figuring out how to feel enthusiasm much after Sinico’s demise. The paper alludes to Mrs. Sinico’s demise as ‘a most difficult case.’ However, the title of the story truly alludes to Mr. Duffy. He is, truth be told, the genuine excruciating case.

Friday, August 21, 2020

I look forward to hearing from you vs I am looking forward to hearing from you

I look forward to hearing from you vs I am looking forward to hearing from you Talk about opening a can of worms! I initially thought the answer to the question of the difference between I look forward to hearing from you and I am looking forward to hearing from you would be theyre interchangeable since both are absolutely correct English. A look around the Internet, however, tells me this minor difference in sentence structure causes quite a bit of controversy. Some say one is informal while the other is formal. Then there are others who say that actually, they see it the other way round and that the one that was declared informal is actually the one they consider formal. Should This Bother You? Probably not. Nobody is going to brand you as illiterate because you choose one of these forms over the other as they both say basically the same thing. But if were going to enter the formal versus informal debate, Id side with those who say I look forward to hearing from you is the formal version and thats not just because they seem to represent a majority and therefore the winning side! Heres why: if  you say I am looking forward to hearing from you, you havent quite got the balls in your court message across strongly enough. Somehow, it seems to me, I look forward to hearing from you is a tiny bit clearer about who has to say something next. The former has a slightly greater nuance pointing towards how pleasant it would be to hear from someone, while the other is sharper, and the focus seems to be on the response youre looking forward to getting. Of course, thats just my opinion. Authorities seem to disagree to disagree, and actually get quite heated arguing for one or the other. Do Apostrophes Make Everything More Friendly? There are those who say I am looking forward to hearing from you, is still formal, whereas using the apostrophe to make I am contract into Im is the informal way of expressing the hope that someone is going to get back to them. I expect most people will be ready to agree that contractions like Im are more informal than the full versions of the words. Again, I cant argue against the reasoning behind this argument while still believing that the I am version places more emphasis on looking forward. Getting It All Mixed-Up Since these phrases are so similar in their meaning, some people mix up the tenses: I am looking forward to hear from you, is a common error. As soon as look gets an ing suffix, the next verb has to have an ing too. Thank goodness it does. English is confusing enough without mixing things up. Nobody Can Quite Put a Finger on It After browsing numerous articles, forums and other interesting places on the Internet, I came to this conclusion: most people agree that I look forward to hearing is more formal and urgent than I am looking forward to hearing, but none of them can quite say why. Since there doesnt appear to be a definite answer to this question, whats your opinion on it? More specifically, why do you feel this way? Let us know your reasons you feel one is more formal than the other. (Photo courtesy of Justin Henry)

Monday, May 25, 2020

The Effects Of Adderall And Ritalin On College Students

Sandra P. Thomas said in her short story â€Å"The debate about ‘Neuroenhancement’† that â€Å"In a study of more than 10,000 college students, rates were as high as 25% at some schools.† The use of such drugs are more likely seen in universities rather than community colleges. People who take neuroenhancement drugs may feel as if they have to since college is so competitiveness to get into. Neuroenhancement drugs are starting to become more popular. Thomas asked â€Å"Readers are you seeing young people in your clinical practice who are misusing stimulants?† Adderall, Ritalin, and Provigil are all drugs that people use to enhance the brain. Adderall and Ritalin are the most commonly used drug. Thomas stated in her essay that â€Å"The authors, prominent professors at institutions such as Stanford and Harvard, suggest that the drugs will prove ‘increasingly useful for improved quality of life and extended work productivity’† (669) . Because neuroenhancing drugs are easily available, college students often use them despite the potential dangers posed by taking them without a prescription. Neuroenhancing drugs are easily available. People who are prescribed to drugs like Ritalin and Adderall are selling it to classmates. People who are prescribed to it often abuse the drug. Everyone I know has either tried this type of drug or know someone who has. People who sell their medication to people who don’t need it are just like a drug dealer selling marijuana. Which is just as bad. So why isn’t itShow MoreRelatedAttention Deficit Hyperactivity Disorder ( Adhd ) Essay1590 Words   |  7 Pagesmethylphenidate (Ritalin) and mixed amphetamine salts (Adderall) (â€Å"Towards responsible use† 2008). ADHD symptoms can be diagnosed in a child or an adult, and when treated with Ritalin or Adderall it helps to increase attention span, and decrease impulsive behaviour and hyperactivity (Advokat Scheithauer 2013) within the individual. While this is good for people with ADHD, psychologists are finding more and more use of these stimulant drugs by healthy college s tudents. Non-ADHD, healthy college students useRead MoreAbusing Drug Prescription Is the Wrong Way to Sucess1184 Words   |  5 Pagesperformance in the professional environment. In order to excel, there is so much pressure and expectation that college students today are more vulnerable to experiment and get hooked on smart drugs like Adderall, Ritalin, and Modafilin. College students are not taking these drugs to get high but to increase their concentration, energy, and time for studying. Smart drugs must not be used in college environments or in a place of business if the doctor does not prescribe them. These drugs are not designedRead More Adderall, Ritalin, AD/HD, and Abuse Essays1173 Words   |  5 PagesAdderall, Ritalin, AD/HD, and Abuse Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder are behavioral disorders affecting attention span, impulse control, and self-discipline. They are usually associated with children, although adults can suffer from the same disorders. It is estimated that 4% - 6% of the U.S. population suffers from AD/HD, and children with the disorders carry them into adulthood more than half the time. Typically medicated with psychostimulants such asRead MoreAdderall Is The Most Commonly Abused Prescription Stimulant Among College Students1044 Words   |  5 Pagesattending a recognized college is almost impossible to achieve. In the United States College students have been subjected to an extremely competitive environment. The pressure to being successful can be almost unbearable because there isn’t a human being that’s perfect. Right now there are millions of students staring at their final exam review feeling hopeless due to the load of work. Willing to do wha tever it takes to pass it. There is an alarming but popular trend among college campuses. It’s beingRead MoreAbuse Of Prescription Stimulants : An Annotated Bibliography868 Words   |  4 PagesAbuse of Prescription Stimulants in College Students: An Annotated Bibliography Arria, Amelia, Ph.D. Nonmedical Use of Prescription Stimulants What College Administrators, Parents, and Students Need to Know. Center on Young Adult Health and Development, n.d. Web. 6 Dec. 2015. The use and abuse of prescription stimulants is not only focused on one specific level of students it affects as young as 8th graders in high school who wish to accomplish a high level of academic performance to reach theRead Moreadderall advantage1447 Words   |  6 PagesDrug Abuse in College - New York Times Page 1 of 3 July 31, 2005 The Adderall Advantage By ANDREW JACOBS IT was finals week at Columbia University and Angela needed a miracle. Like many of her classmates, Angela, a bleary-eyed junior, had already pulled a pair of all-nighters to get through a paper on Finnegans Wake, a French test and an exam for her music humanities class. All that remained was a Latin American literature final, but as midnight approached, her stamina was beginningRead MoreAttention Deficit Hyperactive Disorder ( Adhd )992 Words   |  4 PagesAdderall America Many students face a common enemy, time. While others are proficient in keeping a balanced and tidy schedule. Some students crack under the pressure and believe that there is just not enough time in the day to complete everything they wish to, whether that be studying for exams, or completing assignments. In some cases the condition of procrastination is self-induced but for others the struggle to stay focused is a real medical ordeal. Attention Deficit Hyperactive Disorder or ADHDRead MoreRitalin and Aderall1599 Words   |  7 PagesDiagnosis of ADHD ADHD is a condition which affects multiple areas of functioning. Because of the widespread diagnosis this disease keeps doctors, pharmaceutical businesses, and teachers employed. According to Diller (2008), the use of drugs like Ritalin is at rates never seen before in this country or anywhere else. Diller also states that â€Å"we medicate our children with psychiatric drugs ten or twenty times more than countries of Western Europe (pg50).† Many children are said to be made unhappy,Read MoreThe Need for Regulation of Amphetamine Consumption of College Students1086 Words   |  5 Pagesof a prestigious college, an overwhelmed and under pressure freshman student turns to drugs as well. The drugs are not methamphetamines or cocaine, but a tiny pill obtained from a helpful friend with ADHD. With an unfinished paper due in the morning, the student ingests the Adderall pill and their energy and focus increases. In the morning, the triumphant student shows up to class and turns in a completed essay. The paper is returned with an â€Å"A†. Amazed by the results, the student begins taking theRead MorePrescription Drug Abuse And Its Effects952 Words   |  4 Pagesprescription drugs abused from most to least used are Oxycotin, Xanax, Adderall, Ritalin, Vicodin, Percocet, Valium, Ambien, Promethazine, and Phenobarbital (unknown 17). â€Å"Most drugs of abuse directly or indirectly target the brain’s reward system by flooding the circuit with dopamine†. Dopamine sends messages telling someone to happy, feel things, and their bodies. Overworking your system with the drugs makes crazy effects, tempting the drug abuser to try the drug again. â€Å"When some drugs of abuse

Thursday, May 14, 2020

How Clothing Has A Impact On People And Their Behavior

What people choose to specifically put on and how they present themselves, they make a decision every single day of their lives. Sometimes, it allows people to express themselves and show the outside world who they genuinely are. However, other times it allows people to become an entirely different person for example, if the clothing doubles as a costume for a play or theatrical event. Clothing has a significant impact on people and their behavior than majority people would like to consider. For example, school. School, in which students are surrounded by teachers and peers. Peers who will make fun of others if the clothing is not from a specific store or if it does not parallel the â€Å"in† style. These hurtful comments can drag down self-esteem and confidence and affect how well they are able to participate and focus on their studies. Implementing a school uniforms in public school can benefit the school and the students academically in their grades, behavior in the classro oms, and confident interaction with their peers. The fact always remains that people will always judge another by looks. Maybe we don’t let that be the permanent impression that one individual will leave with us. As previously stated clothing is one of the key factors on how people will judge another. For instance, if you saw a man with battered clothes and a battered cardboard sign asking for work, you would automatically assume he is either one of two things. Option one, he is homeless and is in desperateShow MoreRelatedSustainability And Its Impact On The Environment1365 Words   |  6 PagesEnvironmental Protection Agency, 2015). For the purpose of this proposal, sustainability will be addressed from an environmental aspect, as well as an economic aspect. It is important to discuss the impact that apparel choices have on the environment. Many students may be unaware of how their clothing choices effect the environment. There are many reasons why knowledge of sustainability would improve the apparel choices of college st udents. Students should be aware that, â€Å"The Apparel Industry is oneRead MoreWhat Can Raise Awareness Of Sustainable Consumption Of Textiles For College Students1637 Words   |  7 Pagesaren’t educated on the importance of sustainability of clothing and textiles. The media mistakenly represents sustainability and the influence it can have on the environment. This research paper will attempt to address the question of what could raise awareness of sustainable consumption of textiles for college students. Consumers should all be aware of how they can conserve the environment by preserving clothing which is a concept that many people have not acknowledged. This study is imperative to makeRead MoreManaging Diversity Between Ethiopia And The United States Essay1464 Words   |  6 Pagesdiversity in the workplace while working with people that belong to Ethiopian Culture Summary: Working with the same nationals is fairly easy, but, challenges occur when one works with employees that belong to different geographic locations or countries. In this report, the major focus is to analyze Ethiopia’s culture in terms of managing the workplace diversity while having the professional ties with the Ethiopian citizens. This report will highlight how the workplace diversity is managed by workingRead MoreSummary Of Smart Textile Applications Within The Medical Field1182 Words   |  5 PagesDelaware State University Research has proven that the clothes one wears can affect the person’s mental and physical performance (Michalak KruciÅ„ska, 2017). Moreover, it is posited that there is something biological that happens when one puts on a snazzy outfit and feel like he or she is a new person. The act of wearing formal business attire is proven to increase the abstract thinking of an individual. Besides, an individuals clothing may also determine the persons performs in negotiationRead MoreEssay about Dress Codes in School can Decrease Bullying823 Words   |  4 Pageskeep students from being bullied for how they dress and how some people may treat them different depending on what they wear. There is a lot of evidence that show students losing time in the class room because they are too worried about there personal apparel. David Brunsma, a sociologist who wrote Uniforms in Public Schools: A Decade of Research and Debate in 2005, says, â€Å"Dress codes and school uniforms increase school safety by eliminating gang-related clothing and helping aid in the recognitionRead MoreSchool Uniforms And Its Effects On People And Their Behavior1537 Words   |  7 PagesWhat people choose to put on their backs and how they present themselves is a choice that people decide every single day of their lives. Sometimes, it allows people to express themselves and show the outside world who they genuinely are but other times it allows people to become a completely different person if it is used as a costume for an event or to act on stage in a play or musical. Clothing has a larger impact on people and their behavior than most people would like to consider. What studentsRead MoreDiscrimination and the Family928 Words   |  4 PagesHow Discrimination/Prejudice Affects Families Discrimination and prejudice can have a generational impact on families and family members. I believe that a person can experience discrimination and prejudice in many different ways during their lifetime and that these experiences can produce this generational affect – how they see themselves or their family being treated, comments or behaviors exhibited by their family and their family’s culture towards themselves and others, how the media modelsRead MoreEffects Of Westernization On Arabs ( Working Women ) Essay1688 Words   |  7 PagesWESTERNIZATION ON ARABS (WORKING WOMEN): INTRODUCTION: The United Arab Emirates (UAE) is an example of a rapid and successful development story in the Region, in terms of both the infrastructure and economy of the country and also the progress of its People. The UAE’s achievement is perhaps best typified in the evolution and growing prominence of Emirati women as partners and contributors in this remarkable nation-building process, Women, who Account for 49.3 percent of the national population, accordingRead MoreThe Issue Of Sustainability Of The Apparel Industry Essay1421 Words   |  6 Pages Sustainability has become a major issue in the fashion industry. The global apparel industry has a large amount of social and environmental problems and the apparel industry is a dirty business that relies on water intensive methods and toxic chemicals within its factories. Fashion and textiles is known to be one of the most polluting industries in the world, following oil. Millions of gallons of wastewater from mills each year contain harsh chemicals. The clothing industry has a huge environmentalRead MoreThe Impact Of Smart Technology On Technology1578 Words   |  7 Pages The Impact of Smart Technology Technology has improved so much over the last couple decades. One of the best and biggest technological advancements for this decade is the creation of Smart Technology. What is Smart Technology? By definition SMART is actually an acronym which stands for Self-Monitoring Analysis and Reporting Technology. It is used to protect and prevent errors in hard drives. The SMART technology basically monitors and analyzes hard drives, then checks the health of your hard drive

Wednesday, May 6, 2020

Beauty And The Beast An Epic Hero Myth - 1703 Words

70% of ladies admitted that they would ignore or avoid a potential love interest because of the way they looked (Buchanan). We live in a world where superficial beauty is an important advantage especially when choosing a partner in life. People try their hardest to look attractive and gone are the days when inner beauty are more accounted for. What if you have the opportunity to choose between an understanding, kind but not good-looking guy and an inconsiderate, selfish but stunningly appealing man? The 2017 Disney movie Beauty and the Beast is an epic hero myth which shows us that real love and beauty are not only about physical appearance but looking beyond what you can see and seeing one’s character within. The film Beauty and the†¦show more content†¦The Beauty and the Beast starts with a lively music in the castle which immediately set us into action. A castle full of expensive housewares and beautiful ladies wearing white gowns dancing to the music represent perfection. The ball is interrupted by a knock from an unexpected beggar who offered the insensitive prince a rose for shelter. The loud thunderclap and the way the chandelier lights were blown off by the wind intensified the scene. When he refuses, the beggar transformed into an enchantress and changed him into a hideous beast and his servants into housewares. The camera angle which showed the shadow figure of the prince turning to a beast was amazingly done. She casts a spell on the rose and it would only be broken if he could learn to love another and earn their love in return by the time the last petal fell. On the other hand, Belle starts the film in a small lively village which implies peacefulness and security. Be lle is a simple, creative girl wanting to leave her monotonous village life to explore new things and go to an adventure. This came true when her horse Philippe went home anxiously without Maurice, her father. The way the horse neighed repeatedly implied that something is wrong. Belle, without hesitation, stormed off to the castle where her father was imprisoned and took his place asShow MoreRelatedEssay about Exposition of Mythology846 Words   |  4 Pageshave been studying this deep and complex issue and have come to the conclusion that without myths history would not be the same. In this paper I will discuss what myths are and how scholars have broken them down. Scholars such as Joseph Campbell go into great detail to explain mythology and how it effects the human life. First you must determine what a myth is? Websters New Riverside Dictionary defines a myth as, A traditional story originating in a preliterate society, dealing with supernaturalRead MoreMythology in the Ancient World2263 Words   |  10 PagesMyths exist in every part of the world and are an integral part of the culture and identity. Ancient societies relied heavily on mythology to entertain, to answer questions, to explain and to implement social expectations. But most importantly, it allowed these people to explain the creation of the universe, the birth of mankind, the forces of nature, human condition and the purpose of life. As a result, myths can be considered essential for certain groups of peoples to explain the powerful forcesRead MoreThe Hero Cycle Of Beren And Luthien1871 Words   |  8 PagesThe Hero Cycle: Beren The Hero Cycle ties together all heros. It is a literary concept that illustrates the same pattern that almost all heros, from Beowulf to Harry Potter, follow. This cycle also connects genres, no matter how different, together in its most basic form. Sci-Fi, Fantasy, Mystery, etc. However, the genre most associated to the Hero Cycle is fantasy, partly due to the Hero Cycles’ origins coming from fairy tale and old myths/epics of ancient days. Even modern fantasy has its stakeRead MoreGreek Mythology8088 Words   |  33 Pages  Greek  culture  recognized  no  single  truth  or  code  and  produced  no  sacred,  written  text  like   the  Bible  or  the  Qur’an.  Stories  about  the  origins  and  actions  of  Greek  divinities  varied  widely,   depending,  for  example,  on  whether  the  tale  appeared  in  a  comedy,  tragedy,  or  epic  poem.  Greek   mythology  was   like  a  complex  and  rich  language,  in  which  the  Greeks  could  express  a  vast  range  of   perceptions  about  the  world.   A  Greek  city ­state  devoted  itself  to  a  particular  god  or  group  of  gods  in  whose  honor  it  built  temples.   Read MorePostmodernism, By Jean Francois Lyotard2006 Words   |  9 Pagesthinking that’s easy to identify but rather hard to define, though world renowned french philosopher Jean-Francois Lyotard tried to in his research as, â€Å"Simplifying to the extreme, I define postmodernism as incredulity toward metanarratives.† The beauty of postmodernism is the subtle, the things you might not catch the first few viewings, and often appear to pay homage to some older tale, but actually mock it. Postmodernism seeks to challenge what we’ve held as truth through tradition and force peopleRead MoreThe Great Flood, The Epic Of Gilgamesh352 6 Words   |  15 Pagesclimate changes. Excessive rainfall and winds, brought on by hurricanes or storms, can cause rivers, lakes, and the sea to overflow onto land. Despite the fact that floods are caused by natural disasters, great flood stories such as Noah’s Ark, The Epic of Gilgamesh, The Great Flood the story from the Quran, are a common archetype in many cultures. These great floods were brought to the earth, causing the destruction of mankind, teaching lessons in humanity. There are many similarities regardingRead MoreEssay on Deceptive Females of Homers Odyssey1613 Words   |  7 PagesThe Deceptive Females of Homers Odyssey      Ã‚   Homers Odyssey is probably the most famous and well-known epic of all time. This tale relates the adventures of the archetypal hero, Odysseus. Odysseus long journey home takes him to many different places where he encounters many different monsters and creatures, but there are certain recurrent elements throughout. The most common themes in the Odyssey are forgetfulness, willingness to risk pain for pleasure, and sexual temptation.    Read MoreChapters 1-5 of Edith Hamilton Mythology3464 Words   |  14 Pagesof the three maiden goddesses of Olympus. Lover of woods and the wild chase over the mountains. Lady of Wild Things, Huntsman-in-chief to gods. Cypress was sacred to her, all wild animals especially the deer. Aphrodite (Venus) Goddess of Love and Beauty. Myrtle was her tree, the dove her bird. Daughter of Zeus and Dione in the Iliad. Wife of Hephaestus. Hermes (Mercury) Zeus was his father and Maia, daughter of Atlas was his mother. On his feet were winged sandals; wings were on his low-crownedRead MoreWho Goes with Fergus11452 Words   |  46 Pagesanalogous to death. Yeats summons the courage that one requires to look beyond the mysteries one knows and suffers under - those of love, of politics - to deeper and weirder mysteries - the wood, the sea, the wandering stars. In all, the poem has a beauty, especially when spoken aloud, that evades simple readings and analyses. It captures the political, social, emotional and national ambiguity at the heart of Yeats collection, as well as his reverence for the imagination. A Dialogue of Self and SoulRead MoreThe Metrics Of English Literature4721 Words   |  19 Pagesliterature throughout the periods Old English to the Modern English, ranging from 800 A.D, all the way to the twentieth century. Sylvia argues that the language is based on entertainment and that the enjoyment of the text lies in bringing out the beauty of the language and the craftsmanship of the author. And, as for Joseph Johnson, his insight and deconstruction of text and the English language through linguistics is able to magnify the origins of the text and how its historical context would have

Tuesday, May 5, 2020

Aspects of Contract and Negligence Click Now To Get Solution

Assignment Task 1: 1) Bob goes into Sams bookshop and sees a book which he wants to buy on display. He takes the book to the counter to pay for it, but Sam tells him that the copy of the book is his only copy and that he has already sold it to Carl, but forgot to remove it from the display. Is Sam entitled to refuse to sell Bob the book? Taking this scenario into consideration explain the importance of the essential elements required for the formation of a valid contract? 2) Discuss the impact of different types of contract and analyse terms in contracts with reference to their meaning and effect? 3) Adam advertises a reward of 1000 for the first person to paddle across the English Channel in a bath from Dover to Calais. Brian sees the advertisement in the newspaper, purchases a bath, and sets out from Dover. On the same day, whilst Brian is in mid-channel, Adam places another advertisement in the same newspaper announcing that the reward is being withdrawn with immediate effect. Unaware of this, Brian continues his voyage and duly arrives in Calais. Brian then claims the reward. Adam refuses to pay. Is Brian entitled to claim the reward? 4) Barry goes into a park which is managed by his local council. He sees a notice which states that chairs are for hire for 50p per hour. Barry pays the 50p and is given a ticket and a chair. Later, the chair collapses under him, damaging his clothes. When Barry complains, the attendant points to a clause on the ticket which states, No liability is accepted for any damage or injury caused by the failure of any hired equipment. Are the council entitled to rely on the clause? Taking this scenario into consideration, apply the elements of contract in given business scenarios, apply the law on terms in different contracts and evaluate the effect of different terms in given contracts Solution: Answer 1: In the present case, the issue that needs to be decided if there is a contract between Bob and Sam and if the essential requirements for the creation of a contract have been fulfilled in this case or not. The law provides in this regard that there is a difference between an offer and an invitation to treat. While an offer is a definite promise in case certain terms are accepted by the other party. On the other hand, a statement is considered as an invitation to treat if it is not intended to be legally binding. Such a statement only invites the other parties to make offers. Generally, an invitation to treat can be found in case of advertisements, auctions and the display of goods in the shops. In Fisher v Bell (1961), the difference between an offer and an invitation to treat was elaborated by the court. Therefore generally the goods displayed for sale by a shop owner is considered as an invitation to treat and not an offer. Therefore the shopkeeper cannot be forced to sell the goods when a person who wants to pay for the goods. As a result of this distinction between an offer and an invitation to treat, it means that if the goods have been mistakenly displayed for sale by a shopkeeper, it is not obligatory to sell the goods to the consumer who wants to purchase them. Another significant case related with the nature of offer made by a party is that of Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd (1953). In this case, it was held by the court that merely the display of the goods in a store along with its price cannot be considered as an offer but it is only an invitation to treat. On the other hand, the customer made an offer to buy the goods when the goods were placed in the basket. It was for the pharmacist present at the cash desk to accept or reject the offer. In this way, the court stated that the contract was created at the cash desk, in the presence of the pharmacist. As a result of this discussion, it can be said in the present case that Bob had made an offer to buy the copy of the book. On the other hand, Sam had already sold the last copy of the book to Carl. However by displaying the book in the shelf, Sam had only made an invitation to treat and it was for Sam to decide to accept or reject the offer made by Bob. Answer 2: There are different types of contracts like express contracts, implied contracts, contracts under seal, bisexual and unilateral contracts and executed and executory contracts. In the same way, the contents of the contract are called the clauses all the terms of the contract. Generally, several terms are present in an agreement. Even in case of the simplest contracts, there are many terms. Generally the main terms are related with the subject matter of the contract and the price paid by the party under the contract. While generally the business contracts are in written form, and it is also necessary to have written contracts in certain cases like the contract for sale of land or mortgage but the parties also entered into oral contracts. On the other hand, the terms of a contract can be expressed terms or implied terms (Esso Petroleum v Mardon, 1976). The express terms are the terms that have been agreed upon by the parties. Implied terms are the terms that have been placed in the contract by the statute or by the courts. In this way, the statements that are made by the parties during negotiations before entering into the contract can be classified as an express term, a representation or a collateral contract. Similarly, such statement can also be a mere sales puff. Answer 3: In the present case, a reward of 1000 has been advertised by Adam for the first person who is successful in finding across the English Channel in a bath. The advertisement is seen by Brian and he sets out from Dover in a bath. However when he was in mid-channel, another advertisement was placed by Adam in the same newspaper in which it was announced that the reward has been withdrawn. However, Brian was not aware of the second advertisement and the continued with his voyage and ultimately arrived in Calais. Now Brian claims the reward but Adam says that the reward has been withdrawn and therefore he is not liable to pay. The present case is that of a unilateral contract. In case of a unilateral contract which is also known as a one-sided contract, the party making the offer promises in exchange of an act by the other party, who is known as the offeree. Therefore in such a case if anybody acts on the promise made by the offeror, the party making the offer is legally bound to fulfill the contract. As a result, after the offeree has performed the act passed by the party making the offer, there is a legally enforceable promise present between the parties. As against a bilateral contract where mutual promises are exchanged by the parties, a unilateral contract is different. While generally the bilateral contracts are used in case of business transactions like the sale of goods, on the other hand, an example of unilateral contract can be given in the form of reward offers. In such a case, the party that has offered the reward cannot force anyone to fulfill the conditions required for the award. However, if the action has been performed by the offeree, in such a case, the party making the offer can be sued for breach of contract if such party fails to provide the reward after the offeree has fulfilled the requirements of the contract. Therefore it can be said that in case of a unilateral contract, if the potential performers decides to act, there is an agree ment between the parties (R v Clarke 1927). In the present case, an offer was made by Adam when he advertised a reward of 1000 for any person who is successful in padding across the English Channel in a bath. The offer is accepted by Brian when he sees the advertisement and purchases a bath and started from Dover. Therefore, although Adam had withdrawn the reward but by that time, Brian was already in the channel and had not seen the advertisement in which Adam had withdrawn the offer. Therefore, Brian had accepted the offer made by Adam when he started from Dover. After arriving in Calais and becoming the first person to paddle from Dover to Calais, there is a legally enforceable contract between Adam and Brian. As a result, in the present case Brian is entitled to claim the reward announced by Adam. Answer 4: The issue that needs to be decided in this case is if the local council can be held liable for the damage suffered by Barry after the chair taken from the Council on rent collapsed damaging the clothes of Barry, particularly when there is a clause present on the ticket according to which, the Council is not liable for any injury or damage that may be caused by the failure of hired equipment. The facts of this case are somewhat similar to that of Chapelton v Barry Urban District Council (1940). This case is related with offer and acceptance and also the exclusion clauses that may be present in a contract. It was stated by the court in this case that the exclusion clause has not been incorporated by the Council in the contract. In the opinion of any reasonable person, a ticket cannot be considered as something more than a receipt. Therefore it cannot be expected by any reasonable person that the ticket may contain the terms of the contract. Moreover in this regard, the court also stated that it was suggested by the words used in the notice that in this case a deck chair can be obtained by a person and later on a ticket for the same can be obtained. In this way, and often was constituted by the notice and by collecting the chair, the offer was accepted. As a result, the council cannot be allowed to introduce new terms of the contract after the initial contract between the parties has been created. At the same time, the court also stated that the ticket is merely a receipt and it cannot be equated with the railway ticket in which the terms on which the railway company has agreed to carry the passengers are mentioned. In the present case also, the local council has mentioned at the back of the ticket that it cannot be considered as liable for any damage or injury suffered by a person as a result of the failure of hired equipment. In view of the above discussion, it can be said that the exclusion clause has not been incorporated into the contract that has been created between the local council and Barry. As a result, in the present case the local Council cannot rely on the exclusion clause that is present on the ticket in order to exclude the liability of the Council regarding any injury or damage suffered by the other party. Therefore it is clear that the local council cannot rely on the exclusion clause present on the ticket. Assignment Task 2: 1) Contrast liability between contract and tort liability with cases. 2) One night, Mark decides to check in at the Poshplace Hotel, which is owned by Ben. Later that night, Mark is in his room when a masked man enters and threatens to hurt him unless he hands over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the hotel gardener, who had stolen a master key to the hotel room. Can Mark use ordinary negligence principles in his claim against Poshplace Hotel. Alternatively, can Mark bring a claim in vicarious liability against Poshplace Hotel for the loss of his jewellery 3) In the meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash he has developed as a result of long periods of washing up. Although rubber gloves are available, most employees do not use them. Colin, the head chef, is getting fed up with Roger and in his anger, knocks Roger unconscious with a frying pan. Does Ben, the Hotel Owner, owe Roger a non-delegable duty of care as an employer to provide a safe working environment? Can Roger bring a claim in vicarious liability against Ben for Colins actions. 4) Meanwhile, Mark decides to go to the Hotel pool for a swim. A sign on the pool door reads: Pool closed between 7.00pm and 7.00 am. No entry to visitors during these hours; Dangerous when unattended. Mark reads but ignores the sign and enters. He cannot find the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears his expensive designer swimming trunks. Under the Occupiers Liability Act, will Mark be able to claim for the cost of his designer swimming trunks. Is the Poshplace Hotel liable to Mark under the Occupiers Liability Act 1957. Can the Poshplace Hotel exclude liability to Mark under the Occupiers Liability Act 1984 because of its warning notice. Solution: Answer 1: There are certain similarities in case of the law of contract and tort. For example, both of them fall under the civil law. In both cases, an action is initiated by the claimant against the defendant and in both cases, the claimant is required to establish its case on balance of probabilities. In case of tort as well as the law of contract, the remedies can be avoided if the loss suffered by the claimant is not too remote from the beach of the defendant. Similarly in both cases, generally the remedies are intended to compensate the claimant instead of punishing the defendant (Currie and Cameron, 2000). However at the same time, there are certain significant differences between the law of contract and tort. In case of a claim under tort, it is possible that the defendant did not have any previous relationship or transaction with the claimant. On the other hand, in case of a claim under the law of contract, it is necessary that the claimant and the defendant should be the par ties to the contract. Answer 2: In the present case, due to the reason that the gardener of Poshplace Hotel, Neil has entered the room of Mark during the night with the help of a stolen master key, and took away the valuable indeed jewelry of Mark, it needs to be decided if Mark has a claim against Poshplace Hotel in accordance with the ordinary principles of negligence. On the other hand, it also been decided if Mark has a claim against the Hotel in vicarious liability. An employer can be considered as vicariously liable for the acts of its employees done during the course of employment (Payne, 1958). However in the present case, the theft has been committed by the gardener of the hotel and that too with the help of the master key to the room that was stolen from the hotel. As a result, according to the ordinary negligence principles, Mark has a claim against Poshplace Hotel. The reason is that it was the responsibility of Poshplace Hotel to provide safe accommodation to its guests including Mark. But in the present case, the gardener of the hotel has committed the theft. At the same time, the hotel has also been negligent when Neil succeeded in stealing the master key to Mark's room due to which he was able to enter the room during the night and threatened Mark to hand over the antique jewelry. But in this case, it cannot be said that Poshplace Hotel can be held vicariously liable for the acts of hotel gardener, Neil. The reason is that an employer is vicariously liable for the acts of the employers that have been committed during the course of employment. In the present case, in order to establish vicarious liability of Poshplace Hotel, it is necessary to establish that the act of Neil falls within the course of employment. Answer 3: The employers have a duty towards their employees to provide safe working environment to the employees. In the present case, there are two issues that need to be decided. First of all, it needs to be decided is the owner of the hotel, Ben can be considered as vicarious reliable to Roger for the injuries caused to him by Colin. At the same time, it also needs to be decided if Roger has a claim against Ben for the skin rashes that have been suffered by him due to the long periods of washing. In this regard, the law provides that the employers have a duty of care towards the employees. This means that the employers are required to take all the steps that are reasonably possible in order to ensure the well-being, health and safety of the employees. At the same time, showing concern for the physical as well as the mental health of the employees is not only a legal duty but it also has a clear business case. The reason is that by showing concern for the health of the employees, a trust can be created among the employees and that the same time, the commitment of the employees can also be reinforced. Such a duty can also help the employers in improving boosting productivity, improving staff retention and at the same time, paving the way for more engagement on part of the employees. In this regard, the law provides that the employers should follow the relevant health and safety laws as well as employment laws. At the same time, the employers also have a common law duty of care towards the employees. Apart from it, it was also have a moral and ethical duty which provides that the employers should not cause or failed to prevent injury to the employees. At the same time, the employers should also fulfill their duties in case of the claims that are related with personal injury and negligence (Vera and Brennan, 2008). In the present case, the dishwasher of the hotel, Roger was hit by Colin, who was the head chef of the hotel. As a result, it can be said that the employer of Roger, Ben who is the owner of the hotel is vicariously liable for the injury suffered by Roger. At the same time, as an employer of Roger, Ben also has a non-delegable duty of care which requires that a safe working environment should be provided to all the employees. In this case, Roger has suffered skin rashes due to the long periods of washing. But at the same time, it also needs to be noted that rubber gloves have been provided in this regard but they are not used by most of the employees. Answer 4: In this case, Mark has suffered an injury and also tore his expenses designer swimming trunks after he ignored the signs and jumps into the pool of the hotel. In this regard, the Occupiers' Liability Act, 1957 is related with the duty of care that the persons occupying real property owe towards the persons who visit or trespass the premises. In this way, this legislation deals with the liability of the occupiers that may arise from accidents that have been caused as a result of dangerous or defective conditions present on the premises. In this way, the Occupiers' Liability Act, 1957 covers the liability of the occupiers towards the visitors to the premises (Phipps v. Rochester Corporation, 1955). On the other hand, the Occupiers' Liability Act, 1984 extends the liability of occupiers towards the trespassers also. In this regard, the Act provides that there is a duty of care on part of the occupiers if they have actual or constructive knowledge regarding certain danger prese nt on the premises and also that a trespasser may be near it. It also needs to be noted in this regard that unlike the provisions of Occupiers' Liability Act, 1957, the provisions of 1984 Act only provide for claim in case of death or personal injury of the trespassers and do not allow damages for personal property (Roles v. Nathan, 1963). As a result of the above-mentioned discussion, it can be said that in the present case, although Mark has ignored the warning sign, still Poshplace Hotel can be said to be liable for the injuries suffered by Mark. At the same time, according to the provisions of Occupies Liability Act, 1957, Mark can also blame the cost of his extensive swimming trunks. Regarding the warnings of danger, section 2(4) of the Occupies Liability Act, 1957 provides that a warning cannot be considered as absolving the liability of the occupier unless under the circumstances, such warning can be considered as sufficient for enabling the visitor to remain reasonably safe. Therefore, despite the fact that a warning has been placed by the hotel, Mark still has a claim against the hotel. At the same time, according to section 1(5) of the Occupies Liability Act, 1984, the occupier can discharge the duty of care by taking reasonable steps under the circumstances to give warning regarding the danger. However by on ly providing a warning sign, the duty cannot be discharged. It is necessary that the warning sign should be clear so that the risk becomes obvious to the trespassers. Therefore, Poshplace Hotel can use the warning sign for excluding its liability under the provisions of Occupies Liability Act, 1984. References Bermingham, Vera; Carol Brennan (2008). Tort Law. Oxford University Press Payne, Douglas (1958). "The Occupiers' Liability Act". Modern Law Review (Blackwell Publishing) 21 (4). Currie, S and Cameron, D. (2000) "Your Law" Nelson Thomas Learning, Melbourne, p225 Fisher v Bell 1961 1 QB 394 Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6 Esso Petroleum v Mardon [1976] QB 801 R v Clarke - rewards (1927) 40 CLR 227 Chapelton v Barry Urban District Council [1940] 1 KB 532 Phipps v. Rochester Corporation [1955] 1 QB 450 Roles v. Nathan [1963] 2 All ER 908