Burberry is a Public Limited Company free essay sample

In this report I will be evaluating the reasons for the success of two contrasting business.Burberry is a public limited company. A public limited company is usually a large, well-known business. This could be a producer or a sequence of retailers with branches in most city centres. Shares trade on the stock exchange. Burberry is a company which manufactures designs and distributes apparels and accessories under the Burberry brand. The main purpose of Burberry is to make a profit. The size of Burberry is a large as it has lots of employees across the UK. The number of employees in which Burberry have is 9,828. This is because they are international therefore they need a lot of employee. Burberry covers a wide range of sectors from primary to tertiary; this is evident as it makes products and also provides services to other companies. Oxfam is a non-profitable business in other words Oxfam is a charity. We will write a custom essay sample on Burberry is a Public Limited Company or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Oxfam is an international association of 14 organisations who are the trustees of the organisation, working in 98 countries worldwide to find lasting solutions to poverty and injustice. The purpose of Oxfam is to help create lasting solutions to the injustice of poverty. They are part of a global movement for change. Oxfam is a big organisation. Oxfam is an international confederation of 20 organizations working together with partners and local communities in more than 90 countries. This shows us how they help people because they aid in multiple countries. The sector of an Oxfam organisation is tertiary as it’s a charity organisation and it provides a service due to the fact that it helps people. Oxfam was founded a little later after Burberry. In this assignment I am required to produce a detailed report on two contrasting organisations. My two chosen organisations are Oxfam and Burberry who I have briefly described about above.Burberry and Oxfam are two contrasting businesses in the business domain. They both are very successful at what they do and are continuing to grow, even though one business is profitable and one is non for profitable. Burberry is a business which sells clothes and services to other companies, whereas, Oxfam is a large charitable organisation which gives a service in people which need help around the globe.

Families and Young Children What Constitutes Effective Parental Discipline

Families and Young Children What Constitutes Effective Parental Discipline Background Good discipline in children is always the desire of every parent and for this reason; parents must know and learn strategies that constitute good discipline among their children.Advertising We will write a custom report sample on Families and Young Children: What Constitutes Effective Parental Discipline? specifically for you for only $16.05 $11/page Learn More In advising parents about effectiveness, methods of instilling discipline in their children the relationship between the parents and the children, importance of good behaviours and consequences of bad behaviours are of great concern (Carey, 2003). The word discipline is adopted from a Greek word discipline, which can be interpreted as teaching or instructing. The early stages of a child’s development are essential in the development of a child discipline and any values that a child acquires at this stage of development will be reflected in their adulthood (Powers, 1990). The purpose of this study therefore was to investigate how parents can be effective in disciplining their children. The study therefore was an investigation on the effectiveness of the various methods that can be applied in instilling discipline among children (Kohlberg, 1992). In this study, the investigation was carried out among children below the school age. In addition, the main aim of the study was to investigate the effectiveness of the different approaches that are taken by parents in disciplining their children. Good relationship between parents and their children is an effective method of promoting good discipline among children (Papalia, 2006). Good behaviour among children requires an effort from both the child and the parents and for this reason rewarding desirable behaviour is not only important in encouraging good behaviour but it can be an effective tool for instilling discipline among children. Punishment for bad behaviour has always been thought to be a solution for bad behavi our among children. However, corporal punishment is not an effective method of disciplining children (mash Wolfe, 2008).Advertising Looking for report on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More Synthesis The relationship between parents and their children is an effective tool of promoting good behaviour. Children cannot be forced to have good behaviour and therefore encouraging good behaviour among children becomes effective in promoting good behaviours. Good relationship between the child and the parents ensures children of their security and hence promote their behaviour (Wallis, 2003). Rewarding children for good behaviour is an effective strategy of encouraging children to behave well (Sears Maccoby 1976). The parents or guardians must make an effort in the promotion of good behaviour among children and hence rewarding children for their good behaviour is a method that has been known to work. Although punish ing children for the mistakes they commit has been applied by many parents, as a method for promoting good behaviour among children the fact is that this method is not effective. Continued use of this method will also promote bad behaviour among children. Actually, it will harden their response to any effort meant at promoting good behaviour that is it will make children rebel against the authority and their parents. Corporal punishment is one of the biggest mistakes that parents can make as a method of promoting good behaviours among children (McCord, 1996). Method During the investigation, several methods were applied to collect and analyze the data with the main aim of producing a comprehensive report on children behaviour. The subjects of the investigation were parents, children below school age and nurses assigned with the role of taking care of children in children homes and homes of individual parents. The investigation was divided into two parts where the first study was to focus on response from children and the second part was to focus on the parent’s side of the story. In this study, the data collection tools that were applied were questionnaires, interviews and direct observation. These tools were applied on the two phases of the study according to their suitability. In the first phase of the investigation, parents and baby sitters were given questionnaires, which they were expected to fill and hand back to the field interviewers within one day.Advertising We will write a custom report sample on Families and Young Children: What Constitutes Effective Parental Discipline? specifically for you for only $16.05 $11/page Learn More The questionnaires used had structured question where some were open-ended questions while others were closed ended questions. These questions were designed in such a way that they could provide us with sufficient information that was required in the study. The questions in the questionnaires were designed in a way that they addressed the interests of both the parents and the children. The questions therefore enquired about the methods that parents and guardians think are effective in promoting good behaviour among children. The questions also investigated on how children view the discipline measures applied by their parents and guardians (Pantley, 2007). Observation was also another effective tool that was used in the investigation. During the study, our fieldwork representatives were supposed to select a case study, which was supposed to be a home or a baby care centre. The representatives then spent about one day in this selected place and carried out an observation on the behaviour of children and on their response from various disciplinary measures that were applied by their guardians. The field representative also observed on the relationship between the child and the parent or the guardian before and after a child was punished or was involved in bad behaviour. The use of secondary resources was also applied as a method of finding ideas about the research problem. The secondary sources used to find the information that were required in the study were books, magazines, and journals, which were obtained from the library resources. Each member of our group was involved actively in identifying and finding these recourses (Wendkos-Olds, 2006). In the study, the data collected was recorded in tables and various parameters were assigned according to the research findings. The data was then analyzed using statistical software SPSS to evaluate mean, median and the variance. Results In the study, the findings were that children who had good relationship or those who took their parents as their friends had good behaviors. Parents who did not have good relationship with their children used inappropriate methods to discipline their children. Children who were rewarded for good behaviors by their parents or guardians had better behaviors than those who we re not rewarded. Children who were constantly punished for a particular bad behavior were more likely to repeat the same mistake than those who received counseling. Parents who applied corporal punishment as a method of dealing with children who misbehaved did not have good relationship with their children as compared to those who did not punish their children. Children were afraid of punishment. Parents use corporal punishment on their children as the last alternative. Discussions Good relationship between children and their parents or guardians is a known effective method that can be applied in promoting good behaviours among children. In the study, there was a direct correlation between good behaviour in children and strong relationship between children and their parents (Salkind, 2006).Advertising Looking for report on education? Let's see if we can help you! Get your first paper with 15% OFF Learn More The reason why children who have good relations with their parents behaved well is because such children confided in their parents and they believed in their parents as their guides and mentors (MacDonald, 2000). In the investigation, it was found out that children who were rewarded for good behaviours are likely to behave badly in the future (Sears Maccoby, 1976). Children learn through imitations and for this reason, rewarding children for good behaviours are an incentive that has been known to work. On the other hand, children who lacked incentive for good behaviour did not see the reason for continuing with good behaviour and in the end; they behaved badly (Straus Donnelly, 2001). Although most parents and guardians have the idea that corporal punishment is a tool for discouraging bad behaviour in children it does not work in the long term. In a report released recently less that, 59% of paediatricians recommend it (McCormick, 1992). Children who are constantly punished for co mmitting a certain mistake become used to the punishment and therefore at the end they stop responding to the punishment and misbehave constantly (Garmezy Rutter, 2003). Conclusion Good behaviour in children is an important factor in their development and in building strong relationship between them and their children. Punishing children for bad behaviour is a short-term solution or method of dealing with bad behaviour among children. Although establishing good relationship between parents and their children do not have immediate results it is a good method of ensuring good behaviour among children in the long term. References Carey, S. (2003). The whole child: Rrestoring wonder to the art of parenting. Oxford. Rowman Littlefield Publishers, Inc. Garmezy, N., Rutter, M. (2003). Stress, coping, and development in children. New York, NY: McGraw-Hill. Kohlberg, L. (1992). Development of moral character and moral ideology. New York, NY: Russell-Sage Foundation. MacDonald, A. (2000). Parenting with heart. Haverford: Infinity Publishers. Mash, E., Wolfe, D. (2008). Abnormal Child Psychology. Belmont: Cengage Learning McCormick K. (1992). Attitudes of primary care physicians toward corporal punishment. JAMA267, 3161, 3165 McCord, J. (1996). Unintended consequences of punishment. Pediatrics. ; 98:832–834 Pantley, E. (2007). The no-cry discipline solution: Gentle ways to encourage good behaviour: New York: McGraw Hill. Papalia, D. (2006). A childs world: Infancy through adolescence (10th ed.). New York: McGraw-Hill. Powers, S (1990). Adjusting chair time-out enforcement procedures for oppositional children. Behav Ther21, 257, 271 Salkind, N. (2006). Encyclopedia of human development Volume 1. Michigan: Sage Publication Sears, R., Maccoby, E. (1976). Patterns of child rearing. California: Stanford University Press. Straus, M., Donnelly, D. (2001). Beating the devil out of them: Corporal punishment in America. New Jersey. Transaction Publishers. Wallis, M. ( 2003) A parent’s guide to preparing your child for school: London. Pascal Press. Wendkos-Olds, S. (2006). A childs world: Infancy through adolescence (10th ed.). New York: McGraw-Hill.

Article Review Example | Topics and Well Written Essays - 750 words - 18

Review - Article Example The audiences for the article include students, human resource managers, scholars, and other people involved in managerial duties. As cited by Brum (2007), a committed employee is one who is projected to remain at any given organization. The article defines the way we think of training employees in view of employee commitment and retention. The author evaluates a variety of literature in lieu of finding the gaps in the literature. The study evaluated the determinants of employee commitment, including investment, reward, and lack of alternatives. The study used a large variety of literature which increased the reliability and validity of the collected data. From literature employees are retained in firms that have heavily invested. Most employees also view training as a gift or reward thus enhancing their morale, job performance, and commitment, thus resulting in reduced employee turnover. When there is lack of alternatives, there are increased chances of the employee being committed. In other words, there are alternatives but the available alternatives are not better than the current ones. It has been found out that training is a tool can aid firms in developing a more committed and productive workforce. In the reward system, the employee assists the company more because the company has also assisted him or her. This creates a sense of debt in the employee towards the organization. In the study, Brum reported that training plays a very crucial role in the development of employee commitment. The employees participate in training programs with certain needs as well as objectives. If the outcome of the training program does not meet the needs of the participants, it results in negative change in attitude, lower commitment, and increase in the number of employees leaving the firm. Brum (2007) also pointed that those employee who considered training as the most relevant to their current jobs had the capability to acquire

E-Logistics2 Essay Example | Topics and Well Written Essays - 3250 words

E-Logistics2 - Essay Example This report describes the various challenges in global supply chain strategy of VF and provides recommendation to improve the â€Å"Third Way† supply chain system globally. Challenges of â€Å"Third Way† supply chain Strategy of VF VF produces apparel products from its own manufacturing plant as well as acquires apparels from other suppliers. The outsourcing strategy of VF focuses on flexibility. VF possesses strong manufacturing capacity and it can also outsource from suppliers to improve the manufacturing process and thus reduce the cost of production. The suppliers of clothing industry use term contract to produce particular garment in particular quantity. This strategy helped VF to shift production among suppliers in different locations for optimizing cost and respond to the changes in any business conditions such as changes in tariff or exchange rates and other factors related to cost. VF had responded to the market condition and implemented â€Å"Third Way† supply chain strategy to gain advantage of both in house manufacturing and outsourcing as well. VF had two critical elements in the growth strategy which were to expand sales outside the US and expand the ‘direct to consumer’ business. ... For example, Walmart, one of the largest jeans retailers of the US had launched jeans under their own brand. The apparel companies mostly concentrated on design and marketing rather than production. The production was generally a labour intensive method which had several disadvantages. This enabled the garment companies to outsource the production of their design in high competitive terms (Pisano & Adams, 2009). As the supply chain had become globalized, it was a great challenge for VF to find good supplier and develop good relationship in order to coordinate the production flows. The apparel companies do not possess appropriate skill and good bond for efficient outsourcing in Asian region. For this reason, a few Asian manufacturers had started to modify their business to provide fully incorporated supply chain to the apparel companies (Pisano & Adams, 2009). The economic recession of 2008–2009 was also another challenge of VF. Compared to other competitors, VF had managed the global recession much better, though it has also seen decline in sales by 9% in the year 2009. Their income had reduced by 30% in the same year, but the financial condition of VF was strong. It had relatively lower debt, good credit line and comparatively higher cash than their competitors. The biggest fear for VF was the long term impact of the economic crisis on the supply chain. Several garment suppliers were operating on low margin and did not have any financial cushion. When the volume fell because of low demand of garment products, suppliers were forced to shut down their business. The sudden closure of supplier’s business had proved to be troublesome for VF Company. For example, a supplier of VF had informed that it would close down its

Assignment 7(675) Essay Example | Topics and Well Written Essays - 750 words

Assignment 7(675) - Essay Example I suggest so because it is often healthier initially for an employee to evaluate and rectify himself based on what he believes he lacks, rather than giving an outright harsh list of complaints from students or supervisors like myself at the first stage. Therefore, my overall plan to help Mr. Smith is to get him to work on his self-assessment, followed by some feedback from students and fellow teachers, then formulating a plan to help overcome his shortcomings as an institutional performer. The central idea will be to identify and work on his strengths and weaknesses and to assess what more can be done to improve his performance. Step 1: Initiate self-assessment using instruments and inventories. For giving this process a push, I would arrange an informal meeting with Mr. Smith after school. In this meeting, I would outline with his help, the purpose of this activity and what we hope to achieve by the end of it. Next, I would hand over to him some documents which include his past appraisals and remarks of the principal, myself, the curriculum director and the students. These will give him an idea as to what to consider. Having prepared a list of skills and competencies required and expected of in our school from our teachers, I would ask Mr. Smith to assess the list and use it to perform his self-assessment. All the above inventory will act as a criteria for the self-assessment. Asking him to go home and work on the task handed to him, I would arrange a next meeting of a similar fashion with him after a few days. Before the completion of Mr. Smith’s task, I will need to gather some idea as to how well Mr. Smith is at his job by asking the students and his fellow colleagues. This can be done either on a one on one basis or by questionnaires handed out. This step will come in handy at a later stage. Step 2: Perception of self:Â   How accurate? An individual’s perception of oneself involves their knowledge of the

Scheme of Remedies for Misrepresentation

Scheme of Remedies for Misrepresentation In pre-contractual negotiations, one party (the Representor) may make representations to another party (the Representee), which relate, by way of affirmation, denial, description or otherwise, to a statement of fact or present intention. If the representations made are untrue, they may be termed misrepresentations. The Representor may know that the statements are untrue; or they may be careless or reckless as to their truth. Alternatively, the Representor may hold an honest belief as to truth of the statements made. Generally there is no positive duty to act honestly in English Law a misrepresentation cannot be made by silence and even where one party proceeds, fully aware that the other is contracting on the basis of a misunderstanding of some fact, English law does not provide for a remedy. The exceptions are where the facts given are a half-truth, or where a statement is made, circumstances change and the maker of the statement fails to disclose this. Further exceptions are where a contract, such as one for insurance, is treated by the law as being of the utmost good faith and requiring the contracting party to disclose all relevant facts; or where the contract involves a fiduciary relationship such as between a company and its promoters. European Law, by contrast, imposes a positive duty to act in good faith and fair dealing, both during the course of negotiations and where a contract is concluded. It allows avoidance of the contract for fraudulent (deceitful) non-disclosure of information which, in accordance, with the principles of good faith and fair dealing, a party should have disclosed. The duty extends to situations where a contract is not even concluded: for example, where negotiations break down, or where one party is time wasting. This positive duty to act in good faith is common in other jurisdictions, including some common law systems. The scope of remedies for misrepresentation in English law depends on the type of misrepresentation that has occurred. Where the misrepresentation is fraudulent, the law sees the Representor as more blameworthy and the level of damages is not limited by, for example, remoteness, the duty to mitigate, and contributory negligence. The reasons for imposing wider liability on the intentional wrongdoer than on the innocent misrepresentor are certainly moral, but as Lord Steyn notes, the law and morality are inextricably interwoven and, to a large extent, the law is simply formulated and declared morality. It seems ironic, therefore, that there is no remedy whatsoever are where one party deliberately fails to disclose a material fact: an action that is intentionally dishonest, immoral and surely equally blameworthy. To be blameworthy means to be at fault or deserving of blame: from a moral standpoint, it implies conduct for which a party is guilty and deserves reproach or punishment. However, there is a logical consistency to, and a general policy of, not punishing intentional wrongdoers by civil remedies in English law: the primary remedy for civil wrongs is to provide compensatory damages, measured by the claimants loss; and the aim of providing a remedy, frequently cited, is to put the claimant into as good a position as if no wrong had occurred. However, the principles by which the remedies for fraudulent misrepresentation have developed do appear to go beyond this, having a punitive nature in their application. Fraudulent Misrepresentation Where the Representor makes a statement of fact (or a statement of intention, which involves a representation as to the existence of the intention which is itself a present fact) either knowingly, without belief in its truth, or recklessly, i.e., careless as to whether it is true or false, and this fact, being material, induces the other person to enter into the contract, this is a fraudulent misrepresentation. It does not matter that the Representee could have discovered the truth or spurned the opportunity to do so. The test as to whether fraudulent misrepresentation has taken place is whether there is an absence of honest belief; and honesty in this context refers to a subjective appreciation of events. The fact that the statement would not convince a reasonable person does not necessarily make it dishonest; however, where the statement is made recklessly or carelessly, the Court may make a finding of dishonesty, in that the person in question could not reasonably have believed in the truth of their statement. In all cases of fraudulent misrepresentation, however, dishonesty is a crucial factor damages cannot be claimed in deceit on the basis of recklessness alone since the basis of deceit is dishonesty. Where the misrepresentation is fraudulent, the Representee may rescind the contract a remedy available for nearly all types of misrepresentation and he may also recover any benefits that the Representor has enjoyed as a result of the contract being made, prior to the contract being rescinded. The Representee may also claim damages in the tort of deceit, and as noted, the damages are intended to restore the victim to the position he was in before the representation was made. The test for damages in fraud is one of direct consequence, rather than foreseeability, with damages being divided into two categories diminuation in value and consequential losses. Similar to damages for negligence, the House of Lords have confirmed that the Representor will be responsible for a sum representing the financial loss flowing directly from his alteration of position under the inducement of the fraudulent representations of the defendants. Unlike for negligence, however, the damages do not need to be foreseeable; as long as they have been caused by the transaction. This demonstrates that the Representors blameworthiness is important since the benefit of limiting liability to only foreseeable damages is not permitted to the dishonest person as it would be if the representation was made negligently: per Lord Denning in Doyle v Olby, it does not lie in the mouth of the fraudulent person to say that they could not have been reasonably foreseen. This decision was reaffirmed in Smith New Court. Further, the fact that the Representee had every opportunity to avoid the contract or transaction in question, or could have taken proceedings to rescind it, or asserted his rights to have it treated as void in proceedings brought to enforce it, does not bar his claim for damages. Once again, where dishonesty is involved, the law does not allow the misrepresentor any opportunity to reduce his liability, even where there is fault on the part of the Representee. Similarly, the contributory negligence of the Representee does not apply to reduce damages for the tort of deceit. Again, this feature has been applied because the tort involves dishonesty; regardless of the contributory negligence of the Representee, the Representor will have to pay for all damages because the law views him as blameworthy and cannot justify restricting his liability as a result of this. The Representee may also claim for consequential losses, although he is obliged to take all reasonable steps to mitigate those losses on discovery of the fraud. The type of damages that may be awarded to the Representee may include both special and general damages, as for A v B, where the claimant Representee was entitled to an award of  £7,500 in respect of general damages for distress even though his distressed state had not required medical attention. Although the potential heavier damages available to claimants may make a claim in fraudulent misrepresentation seem more attractive, it may be difficult to prove the Representors dishonesty and failure to succeed may result in an action for defamation; a claim under Section 2(1) of the Misrepresentation Act 1967 (MA1967) is more likely to be pursued for these reasons since the remedies available are similar. Negligent Misrepresentation The misrepresentation may alternatively give rise to an action for damages in the tort of negligence, if the statement is made (a) knowingly, (b) without belief in its truth or (c) recklessly, careless whether it be true or false; and a special relationship exists between the parties. A finding of dishonesty is not necessary: provided that it can be established that there is reasonable foreseeability of reliance on the statement and of the harm caused by that reliance. As established in Hedley Byrne, the Representor has a duty of care to do all that is reasonable to make sure their statement is accurate, regardless of the existence of a fiduciary or contractual relationship; only a sufficient degree of proximity between the parties is necessary for an action to be sustained. Such proximity would arise in professional relationships, such as those made with barristers and estate agents, and also in purely commercial transactions where the Representor has superior knowledge and experien ce to that of the Representee and it is reasonable for the Representee to rely on statements made by them. In all cases, it must be just and reasonable for the duty of care to be imposed. The remedies available to the Representee are rescission of the contract and damages in the tort of negligence; and, unlike a claim for fraudulent misrepresentation, damages will be subject to a test of reasonable foreseeability. The Court may however take account of benefits that the claimant has missed out on as a result of the misrepresentation. Despite the difficulties in establishing negligence, it should be noted that actions for negligent misrepresentation have the advantage that they are not limited to misrepresentations that induce contracts; nor are they limited to statements of fact. A parallel can be drawn with principles of European law, which recognise liability for losses during the process of negotiation, even if a contract is not made. However, whereas for negligent misrepresentation in English law a duty of care must be established, in European law no such duty is required. Such losses in European law include those incurred as a result of failure to act in good faith and fair dealing; a positive duty imposed on the parties, which may include failure to disclose pertinent information. Section 2(1) Misrepresentation Act 1967 More commonly, an action for misrepresentation will be made under Section 2(1) of the MA1967 where the misrepresentation results in a contract. Unlike an action in negligence, which requires the Representee to prove that a duty of care existed, the burden of proof is reversed: the Act requires that the Representors prove they had reasonable grounds to believe, and did believe up the time the contract was made, that the facts represented were true, and unless they can do this, they will be liable. This can be difficult to prove: a mere honest belief is not enough. Remedies available to the Representee are similar to those available for fraudulent misrepresentation unless the Representor is able to discharge this burden of proof (and if the Representor can discharge the burden, the Representee may still plead innocent misrepresentation with its consequent remedies). Effectively then, per Royscot Trust Ltd, damages in respect of an honest but careless representation are to be calculated as if the representation had been made fraudulently: this has attracted much criticism as it means in effect that the Courts are required to treat a person who is morally innocent as if he was guilty of fraud. However, under Section 2(1) the loss recoverable does not go beyond the consequences that arise from the negligent misrepresentation: this is narrower than the recoverable loss permitted for fraudulent misrepresentation per Doyle v Olby. In addition, unlike damages for fraudulent misrepresentation, the Court may reduce the sum if there is evidence of contributory negligence on the part of the Representee. The damages under Section 2(1) will be based on direct consequence (as for the tort of fraud/deceit) rather than what was reasonably foreseeable (as for the tort of negligence). In Royscot Trust, the Court of Appeal held that the correct measure of damages was based on the tort of deceit and that the Plaintiff was entitled to recover all losses even if those losses were unforeseeable, provided they were not otherwise too remote. Therefore, the measure for damages for innocent misrepresentation under Section 2(1) is the same measure as for fraudulent misrepresentation. This has since been questioned, however, and in Smith New Court Securities, Lord Steyn asked whether it was correct to treat a person who was morally innocent as if he were guilty of fraud when it comes to the measure of damages. This measure seems incorrect: especially as, per Avon v Swire (where representations as to the future were presented as statements as to existing intention), the section may be used to produce damages on a scale commensurate with fraud where otherwise the contract would allow no damages in the event of breach and there would be no damages for negligent misrepresentation in tort. Innocent Misrepresentation Where the statement made is innocent, in that there is no provable fault, the remedy is rescission of the contract unless the Court awards damages at its discretion under Section 2(2) MA1967; alternatively it may award rescission with an indemnity; the aim of the Court in all cases being not to unjustly enrich the Claimant. The equitable remedies that the Court may award discretionarily may include the setting aside of a deed or other instrument and the restitution of property, with any pecuniary adjustment that might be necessary on either side by way of accounting for profits or allowance for depreciation. Although there is no indication as to the level of damages, it is considered that this should be lower than the damages awarded under Section 2(1), as implied by Section 2(3). The Court exercises its discretion in accordance with the principles of equity and so there may be no remedy offered if the facts as a whole make it inequitable to grant the relief, or if there is improper conduct or suggestion of a harsh bargain on the part of the Representee. Mispresentation and blameworthiness: considerations It has been noted that misrepresentations can be made intentionally, carelessly or recklessly, or innocently. In each case, there is a remedy for the Representee; but the value of that remedy varies based on several factors. We have seen that where fraudulent misrepresentation is proved (for which dishonesty is required), the level of damages awarded may be far greater than for other types of misrepresentation: the Representor must pay all financial losses flowing directly from the misrepresentation. There are few limits to this: the damages do not need to be foreseeable and matters of the Representees conduct, such as the fact that he had the ability to avoid the contract or to discover the dishonesty, does not bar his claim. Similarly, his contributory negligence is irrelevant to the calculation of damages. The only restriction is that Representee needs to take reasonable steps to mitigate his consequential losses. Following the recent case of A v B, we have also seen that general damages may be available for distress suffered, even though this is not medical. Under the MA1967, we have seen that a Representee can claim damages on a scale commensurate with fraud even where the representation was innocent, although these will be limited by any contributory negligence. It seems unjust that the Representees contributory negligence is ignored in fraudulent misrepresentation: this is fault per se on the part of the Representee and if the reason for allowing wider damages is blameworthiness, surely the blameworthiness of the Representee must also be a consideration. The European approach of considering all circumstances, including, but not limited to, whether the Representee could reasonably acquire the information, seems fairer. The flexibility of this approach, in contrast to the unlimited scope of damages in English Law permitted for fraudulent misrepresentation, may demonstrate a better approach to the calculation of damages. The European approach may be contrasted to awards made for innocent misrepresentations in English law, which follow equitable principles; in such cases the conduct of all parties is taken into consideration before reaching a decision. The fault of both parties is balanced in order to reach a decision that is fair to both, and such a system would make a more just compromise between the heavy benefits of a successful claim for fraudulent misrepresentation. It has also been noted that it is entirely illogical that the law should take such an iron-handed approach where the Representor makes a positive statement which he knows to be incorrect; but provide no remedy whatsoever when the same person dishonestly fails to disclose a material fact that he knows would have a material bearing on the contract. James notes that the EU is taking tentative steps towards the abolition of national contract laws of member states, and the replacement with a single European code. If this happens, we will see the introduction of a positive obligation to act in good faith, both in pre-contractual negotiations and in the formation of contracts. This obligation on contracting parties to be open with each other in negotiations is foreign to English law; it has previously been avoided because of principles of contractual freedom and economic efficiency. However, a model which requires honesty and diligence on the part of both parties, and provides for remedies to either party where there is a loss to be made good, with each partys conduct assessed for fairness, seems a far more balanced approach than the present system of remedies in English law for misrepresentation, and accords more with the principle of restitutio in integrum that is inherent throughout our contract law system.

Baruch Spinozas Anti Anthroponcentric View Essay -- Philosophy Spinoz

When Baruch Spinoza composed his philosophical masterpiece, the Ethics, he knew that his ideas (particularly those of God) would be considered heretical in the extreme, leading to any number of unpleasant consequences. This was the reason that the Ethics were published in 1677, posthumously (p.97)1. His apprehensions are well justified in the light of what he writes in the Appendix (p.145-149) to Part1: Concerning God (p.129-145) regarding the prejudices present in the minds of human beings. For, it is here that Spinoza directly challenges the prevalent religious orthodoxy and seeks to remove the very dogma that was the basis of their power. Spinoza asserts in the Appendix (p.145) that there exist certain prejudices in the minds of people that prevent them from understanding (and accepting as true) the conclusions that he reaches after a thoroughly logical and indeed, geometrical process of reasoning. The root of all these prejudices, he further clarifies, is the almost universal belief that all Natural things exist and act with some definite goal being pursued. Further, he presents for scrutiny the very strong anthropomorphism inherent in most human minds that makes these people believe in the universe having been created for their sake. Lastly comes the religious part of this picture, wherein mankind exists so that it may worship God, thereby closing the circle of creation. Spinoza (naturally, considering his philosophy) rejects this picture and thereby attempts in the Appendix to argue on the following crucial points: 1) The reason 1 Roger Ariew & Eric Watkins. Modern Philosophy: An anthology of primary sources. Indianapolis/Cambridge, 1998. Note: All references to Spinoza will be to this text unless otherw... ...e former, Spinoza replies, â€Å"...the perfection of things should be measured solely from their own nature and power† and not with respect to definitions in the imagination. Furthermore, God had no free will in creating the universe, (from Cor. 1 Pr. 32, p.142 as described previously) and (from Pr.16, p.137) â€Å"from the necessity of the divine..(follows)..everything that can come within the scope of infinite intellect†. Therefore, God must, of necessity, be the cause of everything, perfect and imperfect! 6 In conclusion, Spinoza provides an immaculate argument that should readily convince the reader of the truth of his main proposition in the Appendix, i.e. that the major reason for obstacles in the path of understanding is the anthropocentric view of Nature that most people hold on to, irrespective of the enormity of the contradictions inherent in that view. 7

Eminent Domain Law/Policy in Texas Essay

The Eminent Domain Law is basically defined as the imposition of the power possessed by the state to appropriate private property and to renovate or reconstruct the property for public use. 1 It varies in different jurisdictions. The land that will be taken due to the eminent domain law is called condemnation proceedings. There is a process in seizing a property. First, the government will try to negotiate with the owner and offer an amount or a thing of equal value to compensate the loss of the property. Second, if the owner opts not to let go of his property, the state would exercise its power by imposing the eminent law and appeal to the court. Third, a hearing would be scheduled and argue with the fact that they have negotiated to purchase the land, and the owner would be casted upon with non-compliance with the government’s request. Lastly, if both sides were not satisfied then they can appeal to the court. 2 This is a vicious cycle that breaches the law of private property and also in some way steps on human rights. Though it is legally and constitutionally correct, there are negative implications attached to the undertakings of this law. Here are evidences which prove that the eminent law is applied. In Texas, a debate sprouted because of the undefined limitations of the eminent domain law. Frank Corte represented the state of San Antonio to justify that eminent law is simply taking of private property and made in accessible and useful for the public. Basically, he is talking of economic development. A counter –argument was fueled by Kyle Janek, who represents Houston, that there should be technical discourses about the amendments of the bill and to specify clearly what is â€Å"public use†. Janek’s claim is that there are always hidden motives with the eminent domain law. Another perspective was introduced when John Whitmire of Houston, said that â€Å"is economic development really the public’s interest? † It was brought about the effects of this law and enumerated some of its negative implications such as threatening of job creation, urban renewal, and state revenue resources. Based on what Whitmire has stimulated, Tommy Williams of The Woodlands claimed that the eminent law only made the other entities or such economically-driven officials to condemn private properties that would serve their purpose well. In the end of the debate, Kyle Janek’s suggestion of further supplying the reasons for condemnation has been implemented. In Texas law, it is stated that the government can seize private property only for economic purposes and especially for public use. Jeff Coyle attacked the eminent law and said â€Å"why would Governor Perry sign a bill with loopholes in it? Coyle thought that the loopholes would best serve the private interest of those who seize properties. In this scenario, Coyle is defending the rights of privately owned properties and its condemnation with the use of the eminent law. He implies that the eminent law has a self-serving bias for the politician who suddenly seizes the property. Eminent law is for economic development but also abstraction since it problematize on how can the people protect their own property though it is for public use. This was from the Texas Senate News and basically claims like the first other debates, the definition of â€Å"what is public use†. Bill Peacock of the Texas Public Policy Foundation stressed that the transfer of a private ownership to one another using the eminent law must be forbidden. Peacock also stressed that the court is too liberal in interpreting what is for public use and not. Basically, the eminent law has not been limited to any private property and all that is said to be needed for public use can be seized by the government. The origin of Peacock’s arguments came from Jenifer Zeigler who is an attorney in the Institute for Justice and claims in her proposed Senate bill 7 that the â€Å"public use† should be clearly defined and all of the transactions and negotiations should be done constitutionally. In the end of it, Attorney Joe Doegey made the closing remarks and defended the government that the eminent law enforcement was critically thought of and that all the properties that have been claimed were all constituted for public use. The committee then decided for adjourning the meeting and the case can be subjected in future meetings to come. This was what transpired in the meeting of the Joint Committee to Study the Power of Eminent Domain in 2005. In defense of the Eminent Law, Michael Allan Wolf, a professor in the University of Richmond which focuses on property law, states that the eminent law is good for the people since it promotes to claim private properties into public use. He had given examples such as railways and assembly lines. In the creation of railways, it made some parts of the state more accessible. Trading and other business transactions were a lot easier. With the birth of the assembly lines, people near the area are most likely of getting employed. With this positive note, he even claimed that the eminent domain is the â€Å"engine of public progress† since the people is making good use of the seized facilities. In summary, there is no clear limitation for the eminent domain law. Even if there many revisions or suggestion to make the law better, the economically-driven politicians will always find a way to exploit this law. Abuse of the law is what occurs in this point. There are no restrictions for the one who holds the power and can claim the properties that he may wish. The eminent domain law is powerful and useful but at the same time, it as like a double-edged sword that the people adhere to. There are act of the government and other institution to revise this law in protection the properties of the public and also to sustain the people’s rights. Much justified, the eminent domain law is being abused by the ones who are in the position. It is up to us the people who should know about the law and better yet our rights. The eminent domain law is made not to seize property irrationally but a condemnation for economic development. It is a law since it is very powerful yet it is just like a policy since it has many loopholes in it.

Tysons unacceptable behaviour Essays

Tysons unacceptable behaviour Essays Tysons unacceptable behaviour Essay Tysons unacceptable behaviour Essay Horney asserted that a person who had suffered neglect, loneliness or hostility during childhood could lose touch with their real self by substituting any shortcomings it has for an ideal self. This ideal self then appears in the individuals mind to be more acceptable to other people. This process, along with the socio-cultural conditions surrounding a person during childhood was Horneys theory of the cause of a persons basic anxiety and that this was the stimulus for neurotic behaviour in adulthood. (Corey, 2001) Anxiety however, according to both theorists, could be abated by employing a defence mechanism. (Hough, 1998) Horneys version of these mechanisms states that a person who is suffering from basic anxiety would either move towards people, move against them or move away from them. Freuds description of the defences was slightly more succinct and included mechanisms such as denial, repression and displacement. Although Freuds description is slightly more concise, both theorists agree that when a person suffers from anxiety they will employ a defence mechanism which best suits the situation at hand so that the amount of anxiety suffered is reduced. Whilst both theorists have relatively similar views on the concept of defence mechanisms, they deviate most from each other on Freuds assertion of psychosexual stages of development. Freuds theory of personality included a description of five psychosexual stages of development, namely: Oral, Anal, Phallic, Latency and Genital. In this he asserted that in order for a person to develop normally, their libidinal or sexual energy should travel through each stage to the final one thus allowing them to make the transition into healthy adulthood. However, from this perspective, if a person suffered from a traumatic experience during one of these stages, this could result in them becoming fixated at a particular stage making them vulnerable to crisis in later life. ( Ryckman, 2004, p46) Horney disputed Freuds theory of psychosexual stages, she believed that in order to develop into a mentally healthy adult a person who was treated warmly, fairly and considerately by supportive and respectful parents would develop into a well-adjusted adult. (Hough, 1998) Deviations to this type of upbringing according to Horneys view could result in alienation from the real self and a more ideal self is substituted for it. From Horneys perspective, the more a person deviates from their real self, the more neurotic their behaviour would be in later life. In order to elucidate these two different personality theories, and to determine whether Tyson was biologically determined to behave aggressively, or whether his environment moulded him into acting this way, the following discussion shall compare and contrast them with reference to events in Mike Tysons life. Evidence supporting or disputing parts of the theories shall be suggested and an example of research into a similar situation with other people shall be put forward. Evaluative comments surrounding the theories shall be noted where appropriate and the conclusion shall show that socio-cultural factors are crucial in determining a persons behaviour. It has been noted by Gutteridge Giller, (1996, p14) Tysons Mother felt trapped in an abusive and violent relationship and she sought solace from her harsh existence through alcohol. The authors then go on to state that Tyson felt neglected and unloved by her and this continued until her death. Considering Horneys view of personality, it could be argued here that the feelings of neglect and lack of love experienced by Tyson, from an early age, stimulated within him a need to feel safe. In turn, this need for safety may have evoked feelings of anger and resentment towards his Mother because she did not respond to his needs. However, Tyson could not portray these negative feelings towards his Mother because he depended upon her for food and shelter. From Horneys viewpoint this could be cited as the catalyst for Tysons subsequent violent behaviour. In short, anyone who provoked Tyson into feeling unsafe, just as his Mother had, was then met with an aggressive reaction. Therefore in support of Horneys theory, the socio-cultural conditions Tyson was raised in had a significant influence upon his behaviour as it forced him into reacting aggressively towards anyone who made his safety feel threatened. Further evidence to support this argument is clear when considering Tysons treatment towards women in adult life. Tyson was imprisoned for the rape of one female and arrested for the assault of four other women on different occasions. (Gutteridge Giller, 1996) Arguably, these females did not respond to Tyson in the way he expected and their rebukes made him feel unsafe or unloved. However, Tyson was now independent, rich and had no need for dependency anymore. This change in circumstances enabled him to react aggressively toward anyone who made his safety feel threatened. This example illustrates the cause of Tysons unacceptable behaviour when his safety was under threat. Therefore it should be expected from this that a person would behave in an acceptable manner when their safety was not threatened. This concept is apparent when considering the point made by Hoffer, (1998) He stated that Tyson had the happiest and most content years of his life with his adopted Father Cus DMato. It is extremely noticeable that Tyson did not find himself in trouble during this particular period in his life. Arguably he felt loved, wanted and special by DMato and his family and as his feelings of safety were not under threat, he behaved in an acceptable manner. This illustration goes some way to uphold Horneys theory that a safe and loving environment can have a positive effect on behaviour. However, considering this argument from a Freudian perspective would be quite radically different.

One day in the life of Ivan Denisovich essays

One day in the life of Ivan Denisovich essays Solzhenitsyn, Aleksandr Isaevich. One day in the life of Ivan Denisovich, New YorkPress, 1963. The novel, A Day in the Life of Ivan Denisovich is intentionally not sensational. It is an expose of Stalinist labor camps, and of the Soviet system generally, but it accomplishes this through understatement and indirection. This work, however, is much more than a political indictment. Its power derives from its depiction of a man retaining his humanity under inhumane conditions. Shukov is not a heroic figure, but he wins our admiration for his cleverness, his endurance, and his simple integrity. This novel also shows a nice cross section of how soviet life was. It shows how citizens in Russia really had no freedom to speak thier mind. Solzhenitsyn who had to endure the harsh reality of labor camps himself, gives a good recount of the harsh brutalness of just one of the soviets controlling machines. Through Shukov, Solzhenitsyn suggests that there are certain qualities which must be retained no matter what the circumstances if we are to maintain our humanity. Primary among these is self-respect. Shukov works constantly to increase his odds of survival, but there are definite things, lying and begging among them, which he will not do. The novel concentrates on one man, Ivan Denisovich Shukhov, as he attempts to survive another day in a Soviet concentration camp, or gulag, with dignity and humanity. The conditions of the camp are harsh, reflecting a world that has no tolerance for independence. Camp prisoners rely almost totally on each other's productivity and altruism, even for the most basic human need, food. The dehumanizing atmosphere of the gulag ironically forces prisoners to discover means to retain their individuality while conforming to the stringent rules, spoken and unspoken, of the camp. The characters in Ivan Denisovich bring a liveliness to the novel. The narrator Ivan Denisovich is bo...

Legislator Letter & Outline Summary (2 parts to assignment) Coursework

Legislator Letter & Outline Summary (2 parts to assignment) - Coursework Example For instance, when there are more health personnel to handle the patients’ issues, it means more people will access the vital health care service and reduce time wasted waiting to for services. My intent to write to you is because I know you have a significant influence toward the amendment of this bill; thus, I urge you to support the bill and bolster healthcare service delivery. The residents of Boston will for sure benefit from improved services due to an addition of more APRNs and physicians. For example, section 3401 of the H. R. 1907 bill suggests that there shall be a minimum number of nurses required regarding hospital staffing (NARA, 2014). The case will ensure that all hospitals will have a minimum number of healthcare personnel that serve patients. Therefore, I am requesting you to support Bill H. R. 1907 to enable more healthcare professionals into the healthcare system to strengthen delivery of the services.I will appreciate your support of this bill since it will permit a considerable access to quick, quality, and safeservices Thank you for taking your precious time to read my letter and I hope you will support this H. R. 1907 bill to enhance healthcare service delivery in our state. I am looking forward to your response regarding the bill. Thank you once again. There was no response to my letter. Assumedly, this happened because the letter failed to detail on a planned visit to the local or Austin. For future contact with the legislator, I prefer planning and writing the letter in time to allow for a prompt reply. Besides, it is important to prepare for a physical visit and interact on a personal basis with the policy maker. My reaction towards the issue of writing letters to the legislators is to know why some letters go unanswered yet they may be having excellent suggestions that can help to enhance healthcare system within the country. Assuredly, it was exciting to compose a letter that would establish imperative

Research Essay Example | Topics and Well Written Essays - 2250 words

Research - Essay Example However, it is a fact that irrespective of all the benefits it promises, the option of incarceration also has multiple demerits and disadvantages. Legal incarcerations come at the cost of a very heavy burden over the taxpayers, and in a financial context, happens to be an utterly dearer option (Geraghty, 2004). Besides, when it comes to criminal rehabilitation, it has been found that the criminals get hardened in the prisons and it is only a few criminals that give up crime after their jail term (Geraghty, 2004). So far, in a pragmatic context, it would be safe to say that incarceration has done little towards facilitating a solution for restraining crime in the society. Besides, retaining law and order within the prisons is also a big problem in itself. The overcrowding of the prisons has made it utterly difficult for the prison authorities to securely manage and run prisons (Geraghty, 2004). In the last few decades it has dawned on the law and order authorities in varied states tha t it is possible to safeguard the society without confining the criminals to incarceration (Kruttschnitt, 2006). Besides, it has been found that extending prison sentences to non-violent criminals is not rights and proves to be counterproductive. Therefore for a need is being felt to come out with alternatives to incarceration. Any punishment that intends to punish an offender, without confining one to prison could serve as an alternative to incarceration. Day Reporting Centers Day Reporting centers are an alternative for the prisoners who are not very aggressive and mostly found culpable in petty or non-violent crimes. Day Reporting centers tend to be centers that are non-residential in their scope, and where the prisoners are required to receive supervision and services. Offenders tend to check in, in the Day Reporting Centers on a daily basis, where the plan the days’ activities in consultation with their supervisors, and participate in and adhere to a prescribed treatment schedule. Day Reporting Centers tend to check, guide and rehabilitate the criminals by actively engaging them in varied activities like curfews, community service, employment, enrollment in schools, random drug tests, etc (McBride & VanderWall, 1997). Day Reporting Centers not only happen to be more cost effective as compared to incarceration programs, but also tend to help a lot in relieving the over burdened traditional prison system (McBride & VanderWall, 1997). Day Reporting Centers have their limitations in the sense that they are more suitable for the aged, non-violent and educated prisoners. Day Reporting Centers serve as an alternative to incarceration in both the pretrial and post trial stages. The Day Reporting Centers allow for a very high level of surveillance of the offenders while extending to them the necessary treatment and rehabilitation opportunities (McBride & Vander Wall, 1997). Day Reporting Centers work on the principle of intermediate punishment. Intermediate punishment is any form of punishment that does not involve incarceration, but involves court ordered restrictions. Hence the Day Reporting Centers in a way constitute the middle link between incarceration and a parole. The offenders who participate in the Day Reporting Center programs are allowed to move amidst the society, but with the requisite guidelines and restrictions. Day Reporting Ce