Thursday, December 26, 2019

The Curse Of Hard Work And Painful Labor - 1759 Words

One of the biggest question Christians are often faced with is how could God let all the hurt and death in the world happen. The answer that most people do not realize is that it is sin that is responsible for the trials that plague humanity. Sin being the rebellion against God’s will using his creation for a purpose that he did not intend. Since sin was allowed to enter the world because of Adam and Eve, Humanity has been faced with its spiritual and physical implications. The curse of hard work and painful labor are the lessor results of sin. The biggest effect of sin is spiritually breaking the constant communion humanity once had with God. The good news is that although God is not responsible for the sin created by humanity, He is responsible for the redemption from it. Since before Adam and Eve were given the free will to choose him or not, He has been planning a way to return humanity back to the harmony it once had in the Garden of Eden. God is truly the creator and red eemer of humanity, because he made humanity for a purpose that they ultimately did not follow and yet he still brought his creation back to him. Someone cannot be a savior if they have no one who is need of saving. To begin to prove how God redeems humanity, is to show how humanity needed to be redeemed to begin with. Humanity requires salvation by God because of sin. Brian Gleeson describes the result of sin by stating â€Å"the harmony of people with their God, with their fellow men and women, and withShow MoreRelatedThe Working Life Essay1355 Words   |  6 Pages The belief that work is morally good is the definition of work ethic provided by The American Heritage Dictionary. Work can mean different things to different people. Usually, when we first think of a word and its meaning, we look at its definition. When defining what is morally good, one must remain open to past societal meanings of what was considered moral. Work ethic has developed and changed through differen t cultures over centuries. Historians and philosophers have developed great insightsRead MoreEssay on W.B. Yeats and the Importance of Imagination2200 Words   |  9 Pagesunderstanding the power of the imagination to inspire others and immortalize the creative spirit. Yeatss work, by embracing this power, embraces the human condition itself, giving dignity to hardships and suffering by transfiguring dread into tragedy. The inevitable suffering described in poems like Adams Curse, The Wild Swans at Coole, and The Circus Animals Desertion, is transfigured into works of art which immortalize the human spirit, as in The Lake Isle of Innisfree, A Dialogue of SelfRead More Oedipus the King: Does Oedipus Satisfy the Definition of a Good Man?1415 Words   |  6 Pagesas expressed in The Good, Oedipus was indeed a good man by saving the city, ruling justly and searching for the truth although his anger could be seen as a flaw.    In his first dealings with the city of Thebes, Oedipus found them under the curse of the Sphinx.   He actually gained his position of King of Thebes by rendering unto the city a great service, namely the salvation of the city from the Sphinxs plague.   Aristotle praised the type of cleverness and practical wisdom Oedipus exhibitedRead MoreAn Essay Comparing Joshua and Jesus1727 Words   |  7 PagesEgyptian rule. Their lives were filled with hard labor and bondage under their leaders. They were even forced to make bricks for the Pharaoh’s buildings without any straw for them and still meet the same quotas they had before (Exodus 5:6-14). They were a people without hope or direction in life seemingly doomed to an enslaved death. However, God did not forget His people and sent Moses as his messenger to bring them out of Egypt and free them from their hard yokes. When this was accomplished theRead More The Industrial Revolution and the Life in Urban Society Essay1850 Wo rds   |  8 Pages As a result of this, productivity and efficiency increased dramatically, which caused a significant shift in the present economy. The Industrial Revolution led to the growth of cities as people moved from rural areas to the city in order to find work. Karl Marx believed that the changes brought on by the Industrial Revolution overturned not only the traditional economies, but also society in general. Before the Industrial Revolution, society and the economy were heavily determinedRead More The Origin of Gender Roles Essay4745 Words   |  19 Pagesthe ground because of you; through painful toil you will eat of it all the days of your life. It will produce thorns and thistles for you, and you will eat the plants of the field. By the sweat of your brow you will eat your food until you return to the ground, since from it you were taken; for dust you are and to dust you will return† (Gen. 3:16 - 19). God becomes enraged by Adam and Eve’s sinful nature, and disobedience. He issues a series of curses which outline the duties of man andRead MoreGod Gives Us His Economic Plan2135 Words   |  9 Pagesman is to have dominion over all of the earth, be fruitful and multiply, Genesis 1:26-28 (NIV). Work was also a part of God’s plan for man. Before sin entered the world, man worked, but work was more pleasurable and less painful before sin. After the â€Å"fall,† man’s work became hard. There may not be a choice about the work an individual must do, but there is a choice about the way an individual does the work (Lundin, Christensen, Christensen, 2000, p. 37). Based on God’s plan, an individual’s employmentRead MoreEpic Of The Sacrificial Offerings Of Prometheus By Hesiod s Theogony And Works And Days1858 Words   |  8 PagesHesiod’s Theogony and Works and Days? In Hesiod’s Theogony and Works and Days there are many inter-related narratives that connect Prometheus’ trick of the sacrificial offering, his theft of fire and Zeus’ creation of woman. The logic behind these inter-related narratives is to portray the underlying themes of the established hierarchy, the defining of human life and the idea of the deceptive gift. The themes can be seen in all of these myths written about in Hesiod’s Theogony and Works and Days. PrometheusRead MoreEssay on A.P.U.S.H unit 6 study guide4910 Words   |  20 PagesIt was the same but with the different people. 7 In what occupations did most Chinese immigrants work from the 1860s to 1890s? What was Chinese community life like in the cities, especially San Francisco? A large group of Chinese immigrants made the San Francisco area their home in the late 1800s. They were treated as second class citizens and took jobs doing hard labor and domestic work. Most were paid poorly. 8 What led to the increasing Anglo-European hostility toward the ChineseRead MoreEnter Antigone and Ismene from the Palace10899 Words   |  44 PagesOedipus Zeus will not perform on us who still live? For I have seen nothing—nothing painful, nothing mad or shameful or dishonorable—(5) that is not among your or my sorrows. And now what do they say? The general has just put an edict over the whole city. Have you heard it? Or have you avoided learning how our friends suffer the fate of foes?(10) ISMENE: No word of friends, Antigone, either sweet or painful, has come to me since we two sisters were robbed of our two brothers, both dying

Wednesday, December 18, 2019

Psychological And Emotional Effects Of Brain Injury

Lasting Psychosocial, Psychological and Emotional Effects of Brain Injury in Individuals Suffering From Traumatic and Nontraumatic Acquired Brain Injury Medical and technological advances have led to greater survival rates in individuals suffering from various illness and injury throughout history. This includes individuals who suffer traumatic and nontraumatic brain injuries. Approximately 1.5 million people in the United States sustain a brain injury each year with the survival rate of over 90 percent making brain injury the leading cause for disability in the United States. (Mysiw, Bogner, Corrigan, Fugate, Clinchot, Kadyan 2006). Cognitive, physical, sensory and behavioral changes are widely noted in individuals in the months and years following a brain injury. However, the psychosocial, psychological and emotional effects of these injuries are less discussed and therefore these aspects can be overlooked when anticipating a course of treatment. Individuals who sustain acquired brain injuries experience significant, lasting impairment in the psychosocial, psychological and emotional aspects of their lives and better unders tanding of these issues can lead to better treatment and coping skills for these individuals. Background Acquired brain injury (ABI) is a general term that includes any type of injury to the brain that is either traumatic or nontraumatic. A nontraumatic brain injury results from internal events including injuries sustained from reduced oxygenShow MoreRelatedEssay about Post Concussion Syndrome860 Words   |  4 Pagesdizziness, fatigue, and irritability that can last as little as a week and up to months after a head injury. The causes can be a traumatic blow to the head or neck injuries in which the patient does not have to lose consciousness. The effect of being injured can do permanent damaged to the brain and nervous system. Dealing with Post-concussion syndrome not only can have a physical effect, but a psychological one as well (Mayo clinic page 2). The cause of Post-concussion is still a mystery. Doctors sometimesRead MoreA Traumatic Brain Injury 1708 Words   |  7 PagesA traumatic brain injury (â€Å"TBI†) occurs when the brain is somehow injured, rattled, or wounded from an external source of force. The means of acquisition and the severity of TBIs are unique to each patient; therefore, symptoms and rehabilitation can vary greatly depending on the patient’s condition following the incident and how they sustained the injury. The severity of a TBI is generally classified into one of three categories: mild, moderate, or severe, and this type of diagnostic criteria influencesRead MoreWhat Are Invisible Wounds Of War?1411 Words   |  6 PagesDiscuss treatment for these two injuries, including the role of social workers. 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Once a nice, caring person, Phineas turned into an aggressive man who could not even keep a job. Just like Phineas Gage, a TBI can potentially change everything. Brain studies on traumatic brain injuries are increasingRead MoreEmotional And Psychological Pain Exhibited1739 Words   |  7 Pages Emotional/Psychological Pain Exhibiting Itself in a Physical Manifestation Henry E. Reese Jr University of Houston â€Æ' Emotional/Psychological Pain Exhibiting Itself in a Physical Manifestation Pain is a controversial topic, and is understood as a comprehensive, relative experience. In the healthcare field, practitioners and clinicians are sometimes skeptic of patients whom experience pain when there is no physical evidence or history of medical procedures. No one alike experiences pain the

Tuesday, December 10, 2019

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

Monday, December 2, 2019

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.

Wednesday, November 27, 2019

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.

Saturday, November 23, 2019

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.

Thursday, November 21, 2019

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