Formation a Contract between Agro Builders Engages Ego Architects

Question: Discuss Legal Principles Applicable With The Hierarchy Of Contract Documentation? Answer: Introduction Its very obvious that a construction project will vary either with a significant variation or with a slight change. The best thing is that the parties involved may talk to each other and agree on the extent to which a variation should be accommodated. This also brings another effect to the entire contract. Sometimes, the variation may be written, other times it may be oral. This paper will be a discussion of some of the problems that occur after the commencement of the project regarding variation. In particular, the paper will look at a case between Agro builder and Ego Architect. Formation of a Contract between Agro Builders engages Ego Architects The main question is whether there was an actual formation of a contract. In the law of contract, the key components of an enforceable agreement are offer and acceptance, lawful consideration, and intention to creation a legal relation.[1] In determining whether there was an enforceable agreement between Agro builders and Ego architect, this paper shall examine these elements. For one, there was an offer. The requirements for a valid offer are that an offer should be communicated to the offeree, and it should be definite.[2] Agro made an offer to Ego architects requesting it to create drawings for the project. For the rules of acceptance, the law states that acceptance should be communicated in a clear manner.[3] Eventually, there was still acceptance since Ego architects accepted the offer. A valid contract should also have a legal consideration. The House of Lords described the rules of consideration stating that it's "price that one to a contract pays for the promise or the perfor mance of the other party.[4] Regarding this test, their agreement passes that test since Agro was paying Ego in three states and Ego accepted the consideration described above. Additionally, an intention to create a legal relation is seen within this case. For one, the agreement was in writing, plus the fact that the parties were in a business contest. The rule that parties should have an intention to create legal relation doesnt bring difficulties in a commercial contest. In most cases, the court will presume that the parties wanted to create a legal relation.[5] This comment brings a clear indication that there was a valid contract. After formation of a contract, the law requires that each party to perform as it had promised. So Ego was supposed to act as per the terms illustrated in the contract. Also, in construction law, if one party to construction contract fails to do its part, the other party can also be discharged from its obligations. With this concern, Ego didnt perform as required by the contract, hence Agro rejected the drawings. One point to note is that even though Agro had approved the drawings, it had the right to disapprove them as far as the work was not in progress. Nevertheless, its well clear that Courts will not generally make the contract for the parties. It is for the parties to make their contract and they must express their agreement in a form that is sufficiently certain for the courts to be able to enforce it.[6] In this notion, if parties go back and decide to vary their contract, the new contract becomes as enforceable as the old one, and the older terms become extinct. Additionally, there is acceptance by conduct. This happened when Agro Builders used the drawings. It impliedly accepted them in the construction, meaning that they were valid for that purpose. Its conducts showed that it accepted them and it was supposed to act in good faith as it had demonstrated while accepting the drawings. Modification of a Written Contract by a Subsequent Oral Agreement In this question, the parties had agreed in writing, but later when defect arose with the drawings, they agreed orally to use the new drawings. Its normal for a construction contract to vary. After all, circumstances may cause parties to have a partly written and partly oral contract. In most cases, these type contracts happen where a party writes to the other, and then the other one expressly agrees to the terms. Also, it goes on in a construction contract where the parties vary the contract to suit the variation of the job. When two or more parties enter into a written agreement, the presumption is that the agreement is a full expression of the parties respective rights and obligations unless it is shown not to be the case. Strong evidence will generally be required before oral terms will be found to be introduced into a written contract [7] The court doesnt struggle in finding substantial evidence for affirming oral changes. Significantly, the court may decide to look for partial performance. For example, the court ruled that Udevco should pay Wagner because the developer had established an express oral waiver which Wagner relied on upon while performing the extra work.[8] To clarify, Udevcor had orally requested the Wagner to modify the framing of the cabinet and doors because they didn't match original design, and hence could not fit the prefabricated roof trusses did not fit. When Wegner did as requested, Udevcor withheld the payments disputing that an oral agreement could not modify the contract.[9] The second concept for substantial evidence that the court can use is the ground of inducement. In the cases where a party to a written agreement has induced another's to make oral changes, and that party acts in reliance upon that misrepresentation, the first party may be estopped from benefiting from such misrepresentation.[10] Also, the court can recognize evidence of oral changes from the examination of the conduct of the parties. Where there is a conflict of terms of the parties in a contract, the court rules that the last terms will prevail. In other words, where A issues its terms and B replies with its terms, the contract would be ruled by the terms of the last party. Note that this only happens when parties start performing before they agree on the terms.[11] This simply means that if both parties were mistaken on which terms prevailed, it definitely the terms of the oral variation. In the examination of these principles, its very clear that Agro accepted the drawings since it invited Ego to change the written contract. If this was an inducement, the contract is still valid. Also, the conducts of the parties is a real proof that they acted according to oral terms. That is, they used Egos drawings in the construction. Legal Principles Applicable with the Hierarchy of Contract Documentation Its obvious that construction projects will continue to hold series of papers. Byrne stated that construction disputes "involve consideration of an enormous number of documents and due to the availability of modern computerized techniques for document management means that there is now no incentive to limit the number of these documents deployed at trial.[12] These documents contain crucial construction information and provisions. However, the more documents they are, the higher the chances of conflicting information. The best thing is that construction professionals have found a way for dealing with this predicament. The most common technique is including a clause to handle such disputes in future. To emphasize on that, the clause may state that if there were any controversy with the documents, the contract would enumerate the entire hierarchy of documents.[13] At sometimes, these papers may be arranged in a hierarchical order and their layout will simply denote the order in which t he documents should be consulted in case of a dispute. On a traditional, fully designed project, the contract documents will normally include: Articles of Agreement together with the Conditions of Contract; contract drawings; bills of Quantities; specifications; information release schedules, if all design information has not yet been made available to the contractor; a list of tender adjustments or clarifications negotiated and agreed after the receipt of tenders and prior to the signing of the contract; the requirement for the contractor to provide any required bonds, warranties and guarantees. [14] Additionally, a contract can also include a clause addressing issues of ambiguities or discrepancies with the documents to the contract administrator; i.e. orders of precedence.'[15] Conversely, it's not a wonder that some contract will lack a provision for conflicts resolution on documents ambiguities. In that case, common law provides that the parties can also look at the wording of the contract to see the initial intention of the parties during the formation of the contract.[16] legal Effect of stamping the specifications approved on any future contractual position A standard construction project involves about four parties, the owner, engineer/architect, contractor, and the subcontractor. Among them, the engineer owes more duties than anyone else in the team. The engineer owes two duties to the owner. These are contractual obligations and the legal profession. It also owes the contractor legal professional duties. In general, the architects duty is to exercise its professional duties, where in the case of failure, it would be held liable for professional negligence. Denning LJ summarized the duties of the architect as; The law does not usually imply a warranty that [the professional man] will achieve the desired result, but only a term that he will use reasonable care and skill. The surgeon does not warrant that he will cure the patient. Nor does the solicitor warrant that he will win the case.[17] Nevertheless, the engineer does owe its obligations either impliedly or expressly within the contract. In most of the contracts, the supervising authority awarded to architect gives it a professional control. This control does not only come with privileges, but it also comes with liability to the architect in all the cases of the negligence. In particular, it's liable for errors caused by misinterpretation of the building documents and specifications. In construction projects, the effects of stamping specifications on the future of the contract lie in two concepts. For one, it has always been held that the engineer cannot go back once it has approved the work materials after the work starts. Also stamping documents implies acceptance of obligation. At other instances, the engineer has the duty to inform the owner of contractors mistakes.[18] Generally, the architects assume all the responsibilities after sealing the drawings and plans.[19] Furthermore, within the construction, the en gineer cannot change the contract to affect either the owner or the contractor.[20] Formulated Procedures for Avoiding Amendment Problems In the course of Construction Variation Management Almost every construction experience som variations. There are different causes of variations, but the most common one comes from omissions of important details in the specifications. At other times, they can result from the failure of the professionals to work in a workmanlike manner. When variation happens, it sometimes leads to scope-of-work disputes.[21] Also, variation can happen where the contract documents fail to adequately describe, define, or delineate the work to be performed. In countering these errors, the construction team can take more time in discussing the project. At the same time, they can revisit the site to carry out a feasibility check on the plans before drafting and signing the contract.[22] A significant number of variations in construction projects usually arise in the beginning during the examination of drawings of specifications. Sometimes its possible for the construction team to miss out specific data or information that leads to errors. There are some procedures that a construction manager can adopt to avoid variation. They can first make sure that the budget sufficiently covers the entire project. Another good technique of avoiding mistakes is that the engineer can ask another qualified engineer to review the specifications. Other thing that may help reduce the variations are; Providing adequate budget for drafting specifications. Work with a set of carefully prepared, coordinated front-end documents. Making sure that its only the engineer or architect with the authority to alter specifications as well as doing other editorial duties. Always using the same set of master specification documents for every job. Always keeping the master specification updated. As an architect or engineer, its good to make sure that you use the same set of front-end documents on all projects to minimize contract administration problems and to ensure that there has been no contractual variation in the owners risk posture. Dispute Resolution and Use of Experts Construction disputes differ in their subject matter, causes, and their complexity. Simple cases constitute payments of debts, while the complex ones involve data and factual differences. Simplistic disputes can use preventive ADR methods which are negotiation and mediation. These are usually applied as soon as the dispute arises. In negotiation, the parties talk between themselves, while in mediation the disputing parties get a third party who assists them but not to make a judgments or determination. Agro and Ego can employ these methods in their disputes. Other methods of ADR that they can use are conciliation and arbitration. Conciliation involves the call for a third party who helps the parties in evaluating the dispute and also actively aids them in reaching an agreement. Arbitration is a determinative method where the disputing parties get a third party who listens to both sides and determines a case. Expert determination is dispute resolution process where the third party with expertise in a particular field brings the disputing parties to an amicable decision.[23] In engineering or construction projects, disputing parties may use an expert determination to issue a valuation or of work completed. Experts assess the quality of work delivered, or determine other facts or legal issues in dispute. Expert determination is used to solve disputes, and its perceived as holding grand benefits over both litigation, and arbitration.[24] It can also serve well for settling Agro and Ego dispute. Claims in court depend with how well a party substantiates its case. Courts applications succeed depending on the amount of evidence that a party supplies. Without enough evidence, the court might be denied the power to issue a remedy even where the breach seems clear on open to the eyes of the complainant.[25] Even though that evidence is necessary, there are also limits set to the extent a court of can admits the evidence. The first rule that governs the evidence goes to the written document. The court states that every written document brought to the court will only be admitted if it was written during working hours. This rule calls for parties to bring written diaries that were filled during working hours. The next principle concerning the use of documents is that those providing evidence on the construction site should be made at the site. Thirdly, it is also recommended that the person who made the material at the site be available to bring his/her testimony in court. Lastly, the court would require the information in the document to have come from a credible source. In the case of Agro and Ego, Agro may bring the contract document to show how the terms that were agreed between the parties. It would also need to bring the daily work report to demonstrate how the work progressed. Telephone recordings also substantiate a claim magnificently, so it would be advisable for Agro to take them to court. In case there were tests undertaken at the construction site, it would also be necessary to bring them to court. Besides, the claim report should include the results and structure where test materials were installed. Finally, the parties should bring the copies of submittals and the date they were submitted if they were not submitted on the same day. Expert Witness and Shortcomings of Using Expert Witnesses: Before a court uses the assistance of expert witness, it must assess two main elements; " it must be agreed or demonstrated that there is a field of specialized knowledge; there must be an identified aspect of that field in which the witness demonstrates that by reason of specified training, study or experience, the witness has become an expert.[26] Secondly, The opinion which is given must be wholly or substantially based on the witnesss expert knowledge[27] There are lots of issues affiliated with expert witnesses. One is the lack of consensus where two expert witnesses have different opinions; this lead to rejection of witnesses.[28] This also brings another significant problem when one theory may be standard while the other is highly divergent from the prevailing technical view.[29] Additionally, there is a possible risk with too much involvement of an expert witness to a case. When that happens, they tend to become biased, and the court rejects their evidence. Finally, expert witnesses are costly, and the general public may be limited to acquiring them.[30] Requirement for a Claim under the Building Industry Security of payment Act (Victoria). In Victoria, Building and Construction Industry Security of Payment Act 2002 is the current law that secures payments of people in a construction sector. Tom and Phillip stated that; The Victorian Building and Construction Industry Security of Payment Act 2002 applies to construction contracts in respect of construction work in Victoria. Its object is to ensure that any person who undertakes to carry out construction work or ... to supply related goods and services under a contract is entitled to receive, and is able to recover, progress payments in relation to ... that work and the supplying of those goods and services (NSW Department of Commerce 2004).[31] Making a successful claim involves following the rules specified in the act. As an illustration, the law requires that each person claiming his/her payments should serve the claim to the respondent. The law also sets different dates of the claim. So with this, each claim should include the earliest date, which is the date that the claimant made the claim.[32] In addition, the claim should bear the latest date that the claim can be served.[33] This act allows the claimant to only claim the unpaid amount or the money due. Its a good point to note that one can only claim the money agreed in the contract. If the agreement doesn't mention the price, the claimant can do an estimation of the performed work and claim the expected price. The act explains various types of dates. In particular, there is the periodic progress payment, final payment or a single payment. Parties to a contract are free to define the reference date and the latest date. When it comes to a periodic progress, they should wait for three months after the reference date. Also, a periodic progress payment provides duration of not less than three months and one day before serving a payment claim. After making an application for a final payment, there should be no further claims. In making periodic progress claims, it's a good point to know that the claimant can't make a progress claim for contracts providing for a single payment. Also, the parties can agree on the contract to set the dates for making periodic claims. Where the contract doesnt provide for a date, the claim can be made after 20 business days from the date the work commenced. For a final payment claim, the act allows the contract to prescribe the dates for making a claim. If no date, then the contract should provide for a final certificate, with the earliest date being the date following the final claim. When it comes to final payment claim, the Act allows the parties to a construction contract to choose the dates for making a final payment claim. If the contract doesnt mention any date but it prescribes for a final certificate, the claimant can count the earliest date being the date following the final claim. Conclusion It's always essential to keep records of everything that happens in construction or building site. Keeping records enables people to avoid simple disputes that may lead to complex disputes if they are overlooked. This paper has examined at the formation of a construction contract, and different methods that can be employed to solve construction disputes. To sum it up, it's always advisable that parties to a contract can keep referring to their agreed terms to avoid any future liabilit References McKendrick E, Contract Law (5th edn, Oxford University Press 2014) Pillai R, Legal Aspects Of Business (5th edn, S Chand Co Ltd 2011) Emanuel, Steven, Contracts (Aspen Publishers, 9th ed, 2010) Bailey J, Construction Law (1st edn, Informa Law 2011) Dummies, Consumer, CPA Exam For Dummies (John Wiley Sons, 1st ed, 2014) Greenhalgh B, Introduction To Construction Contract Management (1st edn, Routledge 2016) Uher T and Davenport P, Fundamentals Of Building Contract Management (2Nd Edition) (2nd edn, University of NSW Press 2009) Rosen H and others, Construction Specifications Writing (6th edn, Wiley 2013) Loots P and Charrett D, Practical Guide To Engineering And Construction Contracts (1st edn, CCH Australia 2009) Pickavance K, Construction Law And Management (1st edn, Taylor and Francis 2013) William J Chambliss, Courts, Law, And Justice ( Sage 2011). Mannan S and Lees F, Lee's Loss Prevention In The Process Industries (Butterworth-Heinemann 2012) Byrne D, The Future of Litigation of Construction Law Disputes, Speech delivered at the Reception to Announce His Honours Appointment as the Patrol of the Construction Law Program (University of Melbourne, 5 September 2007) Halpin D and Senior B, Construction Management (4th edn, Wiley 2012Cases Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd[1915] UKHL 1 Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 Udevco, Inc. v. Wagner, 678 P.2d 679, 100 Nev. 185 (1984). Nicholas Richard Whitlam v. Insurance Australia Group Limited (2005) NSWSC 83; 52 ACSR 470 Greaves Co (Contractors) Ltd v Baynham Meikle Partners [1975] 1 WLR 1095 Ambassador Baptist Church v. Seabreeze Heating Cooling Co., (Mich. Ct. App. 1970) 184 N.W.2d 568 William J Chambliss, Courts, Law, And Justice ( Sage 2011). Kerry, Inc. v. Angus Young Assocs., Inc., (Wis. Ct. App. 2005) 694 N.W.2d 407 Tomlinson v Ashland County [1919] 173 NW 300, 170 Wis 58 Heart Research Institute Ltd v Psiron Ltd [2002] NSWSC 646 Lines MacFarlane Marshall Pty Ltd v Fletcher Construction Australia Ltd (2000) VSC 358 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd (2010) NSWSC 1073

Nickelback 2009 Dark Horse Tour free essay sample

Bam! The lights go off and the count down begins. In five seconds one of the worlds biggest rock bands takes the stage. The crowd is a monster, roaring as loud as it can in anticipation. Bam! Another explosion shakes the building. Fireworks fly into the air, guitars begin to go through chords, and Nickelback takes the stage. I was lucky enough to see them twice this year, once front row, and I must say Nickelback never disappoints. When you go to a Nickelback concert you are thrown into a world full of heavy guitars, power ballads, pyrotechnics, and vulgar language. Through my experiences with this act I can tell you that if you are looking for a great rock concert, Nickelback is the perfect performance to see. Nickelback became well known in 2001 when their breakthrough hit â€Å"How You Remind Me† was released. Since then it has been hit after hit after hit for the quartet. We will write a custom essay sample on Nickelback 2009 Dark Horse Tour or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Hit songs in their concert set list include, â€Å"Too Bad†, â€Å"How You Remind Me†, â€Å"Someday†, â€Å"If Everyone Cared†, â€Å"Far Away†, â€Å"Savin Me†, â€Å"Animals†, Rockstar†, â€Å"Gotta Be Somebody†, and â€Å"If Today Was Your Last Day,† as well as many other great songs. They also do cover songs from AC/DC, Kings of Leon, and a cover no one saw coming, Garth Brooks â€Å"I Got Friends In Low Places.† The set list has a total of seventeen songs. Honestly, I believe that even if Nickelback wasnt there, you would still have a great time only because the stage has everything you need for a Fourth of July celebration! The fireworks and light show are absolutely flawless. You can feel the flames as they fly into the air and you will be amazed by the perfect timing of the lights with the music. The pyrotechnics and light show are what separates this show from any other, and I have seen my fair share of concerts. What impresses me the most about their concerts is the way the band interacts with the crowd. Nickelbacks lead singer, Chad Kroeger, is constantly communicating with the crowd. To my surprise, he comes off as a normal guy making jokes and just trying to have a good time. The way he talks to the crowd gives you the feeling that you are a part of the concert, which I think is a great feeling. If you like their music, Nickelback will give you one of the best concerts you will ever see. They are true performers who know how to please their fans and, once again, they never disappoint. But if you are easily offended by vulgar language, this may not be the best concert for you.

Concepts of Informing and setting policies

Concepts of Informing and setting policies Introduction The forming and setting of policies is an essential part of every organization and governments. Policies have to be developed to indicate the desired results that should be achieved in a bid to solve the fundamental problems that face organization (Sanderson, I. 2002). The common policies that are made by most states includes the macroeconomic policies, health, traffic congestion and climatic policies.Advertising We will write a custom essay sample on Concepts of Informing and setting policies specifically for you for only $16.05 $11/page Learn More Due to the importance of these kinds of policies to the economic growth and developments of the economies, various departments have been created and charged with the obligation of ensuring successful development of policies and their implementation. Tension between informing policy and setting policy In policy development, a distinction must be made between analysis informing policy and analysis sett ing policy. Analysis setting policy is the objectively critisising the policies that are formulated to ensure that they will lead to the achievements of the desired positive objectives. It includes the examination of the process of policy formulation and the impact of policies that are made. Analysis informing policy entails the evaluation of the methods and means by which the policies are publicized to create awareness.the awareness of the policies is indispensible where they are targeted to affect a particular population. The tension informing policy and setting policy may result between the policy formulators and those to be affected by the policies. At times, policies may be resisted at an immature stage if the information is leaked before finer analysis is made. The timing of requesting for the opinions of the stakeholders is therefore crucial. Analytical product Due to the conflict of analyzing informing policies and setting policies, it is important for analytical products to be purely informative. In this instance the products to be developed will have taken consideration of the circumstances and situations that affects the results desired (Wallace, H, 2005). Since informative products involve evaluation of all possible outcomes, the policies adopted will reflect the best possible results. Policy makers are currently switching towards informative analysis. For instance, economists tend to come up with macroeconomic policies based on the information that is derived from the financial markets and research conducted to show the future possible prospects of the economy.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More Products developed based on informative analysis tends to produce better outcome because the risk factors of the decisions are mitigated by developing mechanisms that ensures that there is no halt in the plans. Another reason for the support of infor mative product analysis is the fact that it will result into less resistance from those to be affected. Given that decisions are based on the information that is available, the process follows a definite stage by stage analysis thus certainty exists (Easton, D. 1953). The fact that there is supportive and irrefutable evidence as to why the policies are designed; it will be an easy task for the policy makers to convince and get the positive support from the public. This goodwill if realized will ensure smooth and in time implementation of the proposed policies. Again, it will result into popularity of the policies hence support necessary for the achievement of the objective will be enhanced. Hoppe, R. (1999) suggests that, in addition analytical products that are purely informative are precluded from the personal influence and biasness. In circumstances where policies are not based on the information that is available, it has been common for those involved in the decision making to m isuse their authority or come up with ideas that are based on their own selfish interest. As a result, the total purpose of the policies have always eluded many nations e.g. this has been responsible for the poor performance of economies in Africa where those honoured with such duties instead use their position to engage in self enriches and protection of personal wealth. However, it may not be feasible for products to be entirely based on information. This is because there is some information that may not be available but is necessary for the analytical products. As a result there may be a need to accommodate to minor extent analytical products without necessarily possessing all information. Risks of developing policy from analytical products There are several risks that are involved in the formulation of policies based on analytical products. Anglin, M.D., Lonshore,D., Turner,S. (1999) argue,to begin with is the risk of subjectivity in analysis. When doing an analysis of a produc t there is a degree of subjectivity that is relative to each and every individual.Advertising We will write a custom essay sample on Concepts of Informing and setting policies specifically for you for only $16.05 $11/page Learn More This may lead to the problem of adverse selection where policies that are developed are not actually pertinent to the situation desired. It may also result into the dropping of an otherwise good policy. The degree of subjectivity is thus necessary for determination before a product is developed. Secondly, there may be the risk of information gap during analysis. In certain circumstances, product analysis does not encompass all the information in the market. This makes the decisions made not all inclusive and the drawback will as well be transferred when policies are made from analytical products. The information that is omitted might have been very crucial in the making of policies or its absence may result into distortion of th e desired content. Finally, there is a problem in the assigning of weights when doing an analysis. In product analysis, many parameters are taking into consideration and the extent to which each premise contributes to the ultimate decisions must be determined. The determination of the weight might cause a difficulty and this will also amount to variation on what decisions are taken during policy formulation as per Lindblom, C. Cohen, D (1979) argument. It is therefore important for the policy developed to be given consideration to the various aspects. The two analyses are very closely related but not actually having the same meaning. Analysis informing policy concerns the issue of creating awareness on the existing policy or getting the ideologies on policies that may be on the pipeline. On the other hand, the analysis in setting policies entails the critical evaluation of the policies that set or are in the process of setting. In analyzing the policies to be set, several procedure s must be followed to ensure that the set policies meet their objective. Analysis informing policies may thus the said to be part of analysis in setting policies as seeking the opinion of the stakeholders is a procedure in the setting of policies. Conclusion In conclusion, policy includes both the two analysis. Since there is that close interrelationship between the three, they must all be put in close consideration whenever there is need to come up with a policy. Policy forms one of the most important parts of daily decision making of all forms of all organizations irrespective of the size and type.Advertising Looking for essay on government? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is thus mandatory for the policy making to be done with due diligence and appropriate and qualified gurus should be involved. The process must also be carried out with the desired sobriety and a wider insights given since the policies are mostly for a reasonable or long period of time and there effects may be great. References Anglin, M.D., Lonshore,D., Turner,S. (1999). Treatment alternatives to street and crime: Criminal justice and behavior. Philadelphia: Temple university press. Easton, D. (1953). The Political System. New York: Oxford university press. Hoppe, R. (1999). Policy analysis, science and politics: from speaking truth to power to making sense together’, Science and Public Policy. California: McGraw-Hill College press. Lindblom, C. Cohen, D (1979). Usable Knowledge: Social Science and Social Problem Solving. New Haven, Yale University Press. Sanderson, I. (2002), Evaluation, Policy Learning and Evidence-Based Policy Making. Public Administration, 80: 1†“22. doi: 10.1111/1467-9299.00292 Wallace, H., Wallace, W., Pollack, M.A. (eds.) (2005) Policy-Making in the European Union. Oxford: Oxford University Press.

Biography of José Hernández, Former NASA Astronaut

Biography of Josà © Hernndez, Former NASA Astronaut Josà © Hernndez (born August 7, 1962) overcame enormous barriers to become one of the few  Latinos to serve as an astronaut for the National Aeronautics and Space Administration (NASA). Raised in a family of field workers, he nevertheless found support for his dreams and achieved his goal of space flight. Hernndez occasionally found himself in the midst of controversy because of his outspoken positions regarding Latin culture and immigration to the United States. Fast Facts: Josà © M. Hernndez Known For: Former NASA astronautBorn: August 7, 1962, in French Camp, CaliforniaParents: Julia Hernndez,  Salvador HernndezEducation:  University of the Pacific, University of California, Santa BarbaraAwards and Honors:  Hispanic Engineer National Achievement Award (1995), Society of Mexican American Engineers and Scientists Medalla de Oro (1999), U.S. Department of Energy  Outstanding Performance Commendation (2000), NASA Service Awards (2002, 2003), Lawrence Livermore National Laboratory Outstanding Engineer Award (2001)Spouse: Adelita HernandezChildren: Antonio, Vanessa, Karina, JulioPublished Works: Reaching for the Stars: The Inspiring Story of a Migrant Farmworker Turned AstronautNotable Quote: Now its my turn! Early Life Josà © Hernndez was born  on August 7, 1962, in French Camp, California. His parents Salvador and Julia were Mexican immigrant migrant workers. Each March, Hernndez, the youngest of four children, journeyed with his family from Michoacn, Mexico, to Southern California. Picking crops as they traveled, the family would then proceed north to Stockton, California. When Christmas approached, the family would head back to Mexico before returning to the U.S. in the spring.  He remarked in an interview for the NASA website, â€Å"Some kids might think it would be fun to travel like that, but we had to work. It wasn’t a vacation.†Ã¢â‚¬â€¹ At the urging of a second-grade teacher, Hernndez’s parents eventually settled in the Stockton area of California to provide their children with more structure. Despite being born in California, the Mexican-American Hernndez did not learn English until he was 12 years old. Aspiring Engineer In school, Hernndez enjoyed math and science. He decided he wanted to be an astronaut after watching the Apollo spacewalks on television. Hernndez was also drawn to the profession in 1980, when he found out that NASA had picked Costa Rican native Franklin Chang-Diaz, one of the first Hispanics to journey into space, as an astronaut. Hernndez said in a NASA interview that he, then a high school senior, still remembers the moment he heard the news. â€Å"I was hoeing a row of sugar beets in a field near Stockton, California, and I heard on my transistor radio that Franklin Chang-Diaz had been selected for the Astronaut Corps. I was already interested in science and engineering, but that was the moment I said, ‘I want to fly in space.’† After he finished high school, Hernndez studied electrical engineering at the University of the Pacific in Stockton. From there, he pursued graduate studies in engineering at the University of California, Santa Barbara. Although his parents were migrant workers, Hernndez said they prioritized his education by making sure he completed his homework and studied consistently. â€Å"What I always say to Mexican parents, Latino parents is that we shouldn’t spend so much time going out with friends drinking beer and watching telenovelas, and should spend more time with our families and kids...challenging our kids to pursue dreams that may seem unreachable,† Hernndez said in a controversial interview with the Los Angles Times. Breaking Ground, Joining NASA Once he completed his studies, Hernndez landed a job with Lawrence Livermore National Laboratory in 1987. There, he engaged in work with a commercial partner that resulted in the creation of the first full-field digital mammography imaging system, used to spot breast cancer in its first stages. Hernndez followed his groundbreaking work at Lawrence Laboratory by closing in on his dream of becoming an astronaut. In 2001, he signed on as a NASA materials research engineer at Houston’s Johnson Space Center, helping with Space Shuttle and International Space Station missions. He went on to serve as the Materials and Processes Branch chief in 2002, a role he filled until NASA selected him for its space program in 2004. After applying for 12 straight years to enter the program, Hernndez was at long last headed to space. After undergoing physiological, flight, and water and wilderness survival training as well as training on Shuttle and International Space Station systems, Hernndez completed Astronaut Candidate Training in February 2006. Three-and-a-half years later, Hernndez journeyed on the STS-128 shuttle mission, during which he oversaw the transfer of more than 18,000 pounds of equipment between the shuttle and the International Space Station and helped with robotics operations, according to NASA. The STS-128 mission traveled more than 5.7 million miles in just under two weeks. Immigration Controversy After Hernndez returned from space, he found himself at the center of controversy. That’s because he commented on Mexican television that from space he enjoyed seeing the Earth without borders and called for comprehensive immigration reform, arguing that undocumented workers play an important role in the U.S. economy. His remarks reportedly displeased his NASA superiors, who were quick to point out that Hernndez’s views did not represent the organization as a whole. â€Å"I work for the U.S. government, but as an individual, I have a right to my personal opinions,† Hernndez said in a follow-up interview with the Los Angeles Times. â€Å"Having 12 million undocumented people here means there’s something wrong with the system, and the system needs to be fixed.† Beyond NASA After a 10-year run at NASA, Hernndez left the government agency in January 2011 to serve as executive director for Strategic Operations at aerospace company MEI Technologies Inc. in Houston. â€Å"Josà ©Ã¢â‚¬â„¢s talent and dedication have contributed greatly to the agency, and he is an inspiration to many,† said Peggy Whitson, chief of the Astronaut Office at NASA’s Johnson Space Center. â€Å"We wish him all the best with this new phase of his career.† Sources Connelly, Richard. â€Å"Jose Hernandez, Astronaut Who Sparked Immigration Controversy, Retires from NASA.†Ã‚  Houston Press, 18 Jan. 2019.Dunbar, Brian. â€Å"Meet NASAs Future Explorer - Jose Hernandez.†Ã‚  NASA.NASA. â€Å"Astronaut Jose Hernandez Leaves NASA.†Ã‚  PR Newswire, 30 June 2018.Wall, Mike. â€Å"Migrant Farmer-Turned-Astronaut Jose Hernandez Leaves NASA.†Ã‚  Space.com, 17 Jan. 2011.Wilkinson, Tracy. â€Å"Mexican American Astronaut Isnt Changing Course on Immigration Stand.†Ã‚  Los Angeles Times, 17 Sept. 2009.

HR Hiring and retention Term Paper Example | Topics and Well Written Essays - 1750 words

HR Hiring and retention - Term Paper Example stake that an employer can make is to leave a job vacancy unoccupied as he or she continues to hope that the perfect person will eventually be found to fill in this position. In reality, the best candidates in the job market find jobs opportunities within a short time and thus will not be going to numerous interviews, as they will easily secure the jobs they want without going through numerous interviews. It is important to note that there are many other people with an ability to fill the position and may even fit into the company in a better way than the perceived perfect candidate may. In the process of hiring managers also have to abide by a strict budget and this means that there is a chance the perfect will not agree with the terms, however, this does not imply that managers should therefore settle for employees with lower qualifications. Instead, they should remain practical in the process of searching for the most suitable employee. Hunting for the best employee involves a num ber of steps that will ensure that the process of recruitment and hiring is done at the top level. One of the steps involves developing a hiring strategy , which regardless of whether all the positions are full at the present, has to be identified in order to know the manner in which the future employees will be found so that the process can be smooth. A good business should always have knowledge of the way it will seek candidates to fill positions and this means it should come up with a plan that will be in place in the event that a vacancy arises. Another step involves focusing more on training, as through training the workers in the appropriate manner, the company will not have to worry about the recruitment of candidates in the future since most of the employees will be retained at the company. The workers will also be happier and more motivated when they have a good understanding of the activities they are supposed to undertake and how they increase the productivity of the

Accounting Information Systems of Air New Zealand Assignment

Accounting Information Systems of Air New Zealand - Assignment Example According to the research findings, it can, therefore, be said that Air New Zealand has a total workforce of 10,453 employees and a reported income of 71$ Million as of August 2012. Air New Zealand can be considered as one of the lifeblood of New Zealand’s economy since it provides services that are essential in the dynamics of commerce. At about 9 am on November 10, 2009, an outage of the computer system of Air New Zealand affected its airport check-in systems as well as its online bookings and call center systems. The outage affected more than ten thousand passengers contributing to the chaos and confusion of affected airports. The disruption not only caused millions of dollars in actual damages to Air New Zealand itself but also to its customers and related business depending on the airline for its logistic needs. On June 18, 2007, Air New Zealand/Eagle Airways Flight 2300 was forced to land on its belly due to the hydraulic system that was being drained via a fatigue crack in its actuator that caused the landing gear to being stuck. There was no recorded fatality in the incident and the damage to the aircraft is repairable. Both incidents while considered accidents could have been prevented if the right information security management system is in place to protect the information assets of Air New Zealand. It should be noted that incidents similar to the ones described may cause the company more in terms of legal if not goodwill costs. Threats not only impact the corporation itself as an entity but also affect its employees, clients, and partners. As predicted on threats not only affect the operation of Air New Zealand, it likewise creates doubt about the safety of its clients and equally affects its financial assets as well as those of its partners. Identification of the threats is therefore not only essential in managing the risks associated to the operation and service provisioning of Air New Zealand it is similarly essential in setting up the inf rastructure that would support its overall security management systems. Threats by any definition is an entity or process if not events that threaten life, disrupt operation, or cause damage to the corporate image of any entity and in this particular case—Air New Zealand—its cause damage to assets of the company, its employee, its clients and even its partners. In the context of information technology in particular Accounting Information System, a threat is a process, thing, or person that will affect the confidentiality, integrity, and availability of the information system, its data, and programs. Natural Disasters and Terrorist Attacks – these are often remediated with the use of backup sites Software Errors and/or Equipment Malfunctions – This will be discussed further at the operational threats Unintentional Acts – These are often done by unsuspecting clients and at times even employees. Strict information security policy is the best way to ad dress these threats. Intentional Acts – This can be done by hackers from the external front and disgruntled employees from the internal front.

Human Rights Essay Example for Free

Human Rights Essay Human rights and the concepts concerning the treatment of man have received much publicity since 1948 during the formulation of the Universal Declaration of Human Rights. Protection of human rights goes way back to the early society of humans and continues to evolve with time as a leading factor in revolution and politics of any given government (Symonides 2003 p. 15). Power limitation for most governors based on the concept of human rights, which provided the foundation for judgment of the rulers’ leadership standards. United States also adopted this concept in their Bill of Rights that later developed, and through stress put on the need for international rights for human beings, the Universal Declaration got formulated too( Maddex 2000 p. 60). Currently, the human rights concept closely relates to the political organization of a society and the relationship between the government and its people. This entails the right of the citizens’ participation in politics, freedom that people should be entitled to, responsibility of the government to the people and the preservation of the people’s human rights in the process of practicing contemporary politics. Governments and states owe the people their prime dedication to maintaining and protecting the human rights; which involves their participation, recognition and expansion of the basic rights of people without necessarily infringing on meeting their basic needs. In order for a state to ascertain success in practicing contemporary politics, they need to strategize on the importance of maintaining the human rights of the people in the process of legitimizing their power and command for obedience. This paper aims to analyze the depth of concern that maintenance of human rights should receive in relation to practicing contemporary politics. The international body’s concern on rights issues dwells entirely on the policies that countries develop, their politics and the respect they maintain in regards to the rights of human beings. For instance during the end of antagonism in the East-West the United Nations strengthened their policies and stand on protecting human rights (Eade Williams 1995 p. 3). In their view of politics, in the contemporary world, they formulated ways to protect such rights; such as offering humanitarian assistance to governing bodies, team inspections in relation to weapon destruction and an effort to fight for the internally displaced citizens. The four duty levels of a state in politics require that they respect the rights regime by protecting, respecting and meeting the rights of the people. Therefore in order to achieve this fundamental objective and obligation to the people, the state needs to resist in interfering with the people’s rights, respect them, allow the freedom of sharing resources, taking part in political action and participating in political autonomy, as well. In respect to the rights of the people, the view on socio-economic rights comes into play because for the political government to be able to dispose the resources equally and satisfy the peoples needs; they face an obligation to respect the people’s rights to free utilization of resources. Regarding a collective group, let’s say the family, an association the governing bodies and the contemporary political leaders need to respect the resources belonging to these groups in relation to their rights to the use of basic resources to satisfy their needs; this is what strengthens the human relations arm of politics in any governing state (Eade Williams 1995 p. 42). Additionally, in an effort to increase and enhance machinery for rights actualization the state has to ensure they meet their obligation in committing to protect the rights of the people. In contemporary politics, the state has to make sure they put measures in place to protect the rights of the people against political, social or economical interference to avoid cases of political wrangles and conflict between the citizens and the arm of the government. This tertiary duty practicality involves establishing and maintaining a legal framework; by effectively implementing laws and regulations that would give the common man avenues to realize and enjoy their freedom and rights. On the hand, human rights form the pivot of moral doctrine that gives political order to the contemporary practice of politics. Hence the observation of human rights in reference to the international bill of rights determine the direction, scope and content usable in contemporary politics in relation to the moral norms of the people. Maintaining this moral doctrine of the rights of human beings in contemporary politics requires the application of convention measures issued in the Universal Declaration of Human Rights to rights of the people to quality health care and fair, legal attention; with the aim of improving lives. While the safest way to secure favourable conditions necessary for people to live exemplary lives still stands out as human rights activism; the public authorities remain best suited to secure those conditions for the people (Carey, Gibney Poe 2010 p. 32). Therefore, the much needed importance placed on maintaining the doctrine of human rights by most national institutions and international politics; in an effort to primarily avoiding interfering with the interests of the people. Moreover, the human rights doctrine in contemporary politics contributes to the ideological and geo-political order with a clear framework defining the basis of social, political and economic conditions required to lead better lives. Thus, the importance of practically monitoring and maintaining human rights through legal recognition and validation of the doctrine. Additionally, the human rights moral justification defines the sovereignty considerations made by a nation. Since human rights direct the legitimate criteria to be followed by individual nations, any appeals made by through politics should not by any means otherwise deter the nation-states from committing fully to maintaining the basic human rights. Thus, the human rights doctrine should be highly maintained because this determines the effective way of evaluating the contemporary legitimacy of the national and international political authorities (Shawki Cox 2009 p. 36). Another subject to consider in justifying the importance of maintaining human rights in contemporary politics cuts across the identity role it plays in a community of people. Human rights define the political identity of people living in a certain community; therefore any the political authorities need to be more careful in handling matters bearing the interest of the rights of a people because, in turn this reflects on their moral jurisdiction and legitimacy of order over a sovereign state (Shawki Cox 2009 p. 0). The morality of logic and justification of the individual rights and the community as a whole adds more weight to the extent of attention paid in maintaining human rights. Authorities in the contemporary politics have an understanding that human rights imposes positively to their control of power and effectiveness in law implementation; hence most of the leaders should formulate legislative laws that grant the people the freedom and the right to universal vision and contri bution in political issues. Also, in an effort to legitimize authority in current politics, the state will have to stand up and defend the universality and morals of human rights; indicating that their political concern is not entirely based on position and power, but emanates from their primary concern to retain the dignity and rights of the human beings. Considering the legislative role that humanity assumes in politics, the authorities should embrace the concept of human rights doctrine and pursue to promote high maintenance of human rights; to present the people with better living conditions. This is because human rights initiate the orientation and demand certain goods that lack political justification hence guiding the actions undertaken in contemporary politics. Furthermore in the past, human rights took the leading role in revolution activism; the same case applies to contemporary politics whereby the positive the authorities influence put on maintaining human rights the faster they will be able to expand their democratic control and command audience of the people. Therefore, since democracy in politics and human rights directly relate, democratizing the lives of the people and establishing lasting protective measures would go into creating political order and eliminating the ambiguity that politics has on the identity of humans (Neocleous 2006 p. 135). Alternatively, obligation to establishing and maintaining human rights should be emphasized, not just as for upholding the values of the society and mankind but leaders in the contemporary political world need to view human rights as political so that they will continue to defend and formulate new ones in favour of the people they govern. Satisfaction of the people through human rights- oriented politics involves the authorities appreciating the diversity of the peoples culture, understand people’s views, realize the other value of an individual apart from political persuasion and commit to the democracy of the community; allowing them to contribute to the overall contest for political power(Nash 2010 p. 53). The best response and support showed by the people to their political leaders emerges from their willingness to evaluate their own values, their role in the community, listen to the plight of the people, exclude favouritism and exploitation in their political hierarchy and utilize their personal privileges’ in power to improve the lives of the people. This practically justifies how deep the importance of human rights relates to contemporary politics; and so the need to deduce stringent policies that govern the authorities in dispersing their duties in the political setting. The Human Rights council and the International Criminal Court fall under the few international bodies established to direct and penalize the actions of contemporary political leaders; in an effort to maintain the rights of humans. Abuse of human rights results to tension between the authorities and the people; further disrupting the already acknowledge international rights and laws governing the same hence political instability (Baehr 1994 p. 60). Consequently the probing of the ICC, leads to positive change in the doctrine of human rights as the government and political body abusing the rights of man face tough penalties. Despite these changes emanating from negative political conduct, many ascertain their success and relevance in ensuring that peoples protection from greedy and selfish governance; thus ICC has gone further to increase the penalties tied to the practice of politics in the contemporary setting to reduce the political crime against humanity and the common cases of genocide. Despite the cry, for better leadership authorities through contemporary politics continue to violate the rights of humans; leaving humanity the remedy to seal the gap between the political reality and the democracy of a secure future for the people. Addressing the depth of this issue reflecting back to the controversies in United States of the Abu Ghraib Prison and The Guantanamo Bay prisoners (Johari 1991 p. 26); there’s need to address the relevant problems surrounding the fight for human rights and public display of political awareness through varied avenues like websites. Moreover, the common man can initiate the activism to retain the rights of humans through the family unit and the community which ultimately give rise to the leaders in the contemporary world. Direct campaigns on equality and importance of human rights need more boost in creating educative awareness and affirmative action; guiding the conduct of authorities in the modern world politics in relation to protecting the interests of the common helpless man. Since poor humanity directly reflects on global change, there’s need to cultivate the spirit of togetherness between the community and the political structures present in order to improve the living conditions of people and the growing generation(Symonides 2003 p. 8). Other motivating factors that push for the maintenance of human rights arise from the fear of denial from existence. The denial of human rights supports brutality in the regime of contemporary politics, therefore, to counteract this fear from becoming reality there should be incorporation of human rights policies in political debates; in the contemporary politics paired with their respective penalties in case of violation (Baehr 1994 p. 6). Political lea ders in contemporary politics continue to source out dubious avenues to evade observing such rights hence the need for the United Nations Program on human rights to effect change in contemporary politics through legitimate arguments and conferences with the relevant political bodies, humanitarian representatives and authorities. Conclusively, without pressure on appeals made to effect and maintain human rights, authorities, in the democratic political world, would continue to argue and ignore the desirable quality of human existence. Subsequently freedom and equality in terms of speech and sharing of resources respectively, would become less meaningful in comparison to the benefits that human rights induces in politics; hence instead of politics contributing to nation building the result would only push for the eradication of human existence. Therefore, despite the efforts made by international bodies to promote and maintain human rights, the common man also needs to start human rights activism from the grass root level to merge the two(the family or community with the political unit). This will go into fostering a positive political weather and educative awareness of self protection against abuse (Steiner Alston 2000 p. 55); that ultimately sums up to the minimum efforts towards maintaining human rights to sustain humanity.