Thursday, November 28, 2019
AIRBUS BOEING free essay sample
For the lost plane, NYMPH, one of the theories was that it was hijacked and crashed. Unfortunately, there are a lot of rumors but none confirmed as the plane is et to be found. For MM 17, it was shot down by pro-Russian rebels over the Ukraine-Russia border. QUIZS crashed into the Java Sea due to bad weather. As for the most recent crash, Flight 9625 by Germinating, it was discovered that the co-pilot had a mental illness and was suicidal. With every crash, manufacturers like Boeing and Airbus work harder to improve standards regarding safety and upgrade in technology.Unfortunately, there are always risks that manufacturers cannot control: Human error. Despite the risks of flying, Boeing and Airbus sales remain high and both manufacturers are still competing in terms of sales figures. In 2014, Boeings net sales were worth $233 billion and Airbuss net sales were worth $175 billion (Gates, D. , 2015). Source: CAP. We will write a custom essay sample on AIRBUS BOEING or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Boeing Airbus share honors in 2013 orders/deliveries race- but its not about winners and losers, 2014. Recently, with oil prices dropping below $60/barrel, one major concern is that airlines might delay or even cancel their orders.It is still too early to tell if airlines would delay or cancel their orders as both Boeing and Airbus are backlogged for over eight years but it IS a lingering issue. The drop in fuel rice may aggravate the overcapacity problem, as airlines will lower their fare prices to increase market share. Cheaper fuel means that airlines can offer lower airfares to its customers and prolong their older, gas-guzzler airplanes to save money (Clark, N. , 2015). Source: The New York Times, Oil Prices: Whats Behind the Drop? Simple Economics, 2015. MAJOR PLAYERS Governments Governments play an important role in air transport regulation because it is a highly competitive and profitable industry that they want to control. They are often full or partial owners of airline companies and they eave the power to encourage competition to reduce oligopoly and monopoly. They can enforce a merger policy to save low performers from bankruptcy (www. Lempel. Com) as well as avoid job loss in the country. Besides, they are responsible for managing the environmental effects of carbon oxide emission as well as mitigating the high pollution risks associated with the airlines massive gas consumption.Moreover, governments empower civil aviation authorities and other similar bodies to oversee and regulate the airline industry, and they pay close attention to any issue or development in he sector, as this is a major source of revenue in international trade. Aviation Authorities The aviation authority (AAA), whether civil or national depending on the legislation of the country, is mainly responsible for licensing airports, pilots, and engineer; ensuring passengers safety; regulating air traffic; examining and testing equipment; and also investigate accidents and incidents (Federal Aviation Administration, 2015).The AAA is at the center of the heart of the aerospace industry because it plays a dual political and economical role, and it serves as an interface for all actors of the business. In certain countries, the Ass actions are equivalent to governmental decisions that need to be strictly enforced. In addition, the AAA is responsible for gathering and analyzing statistical data, which is used for monitoring and planning purposes, and to provide advice to the government on actions to take in the sector. The AAA also serves as a source agent collecting and disseminating news and information about events to the local and international pr ess.Airline Companies The 2014 Annual Review of the International Air Transport Association Airline reports that air transport supports $2. 4 trillion in economic activity and that here are approximately 1,400 airlines operating worldwide (www. Data. Org). In such a competitive environment, airlines constantly battle to have the largest share of the market. An important milestone is the Airline Deregulation Act passed in 1978, which partially deprived the Civil Aeronautics Board (CAB) from its controlling power over airline prices, mergers, traffic, and other related issues (Smith Cox, 2008).This marked a new era in the industry, which saw passengers number increase from 679 million in 1978 to 2. 8 billion in 2011 (www. Data. Org). Air tickets gradually decreased providing customers tit innumerable options to choose from. Airline companies are the major clients of aircraft manufacturers. Their specific needs and requirement shape the industry trends, and manufacturers strive to offer their best and most efficient aircrafts in order to secure more orders. Aircraft Manufacturers Boeing and Airbus are on the top Of a long list Of aircraft manufacturers worldwide.They built their reputation by offering several innovative models that their custom-made to fit every single need of their client. Being such important players in the industry, manufacturer not only represent their own rands and products at the local and international levels, but the success or failure of their business is also reflected on their country of origin. Thus, the fierce competition between Boeing and Airbus has not been a simple airline rivalry but it has escalated to a United States versus Europe challenge.On one hand, Europeans accuse the US government of heavily subsidizing Boeing with research and development funding as well as waivers for patents dues; on the other hand, Americans claim that Airbus benefits from preferential treatment, substantial loan, as well as exclusive infrastructure support European Commission, 2007). Several disputes between these two giants have been brought to the attention of the VOW jurisdiction, and the latest ruling occurred in 201 2 in favor of Boeing, which was complaining about subsidies from five different European countries to Airbus.ISSUES Boeing and Airbus have dominated the large civil aircraft industry (LLC) for decades so it was only a matter of time before issues from their intense competition made headlines. The biggest came in 2004 when Boeing filed a complaint with the WTFO regarding Airbuss receipt of large subsidies from EX. overspent. Likewise, this prompted Airbus to file a complaint with the Buffo accusing Boeing of doing the same with the U. S. Government.They each claimed that the other company abused the 1 992 ELK-SIS Agreement on Large Civil Aircraft, which limits the amount of government subsidies; each company could receive for both direct and indirect support. Under the 1992 EX.-SIS Agreement on Large Civil Aircraft, direct government support for new aircraft programs should not exceed 33% of total development costs (which had to be repaid over a 17 year period with set interest rates) and limit indirect support to 3% based on LLC turnover (ELI-SIS Agreement, 2004).Both stipulations were agreed upon in order to create a fair trade deal since the E had multiple governments that could contribute to Airbus (Direct Support) while the U. S. Government was providing a lot of funding in the form of indirect support for national defense and space programs. The overall goal of the agreement was to level the playing field so that one company could not gain a competitive advantage over the other, but with multiple governments and major defense/space contracts involved this would prove to be a tough ask for the WTFO in determining a proper outcome.Boeing accused Airbus of receiving large amounts of subsidies from various EX. governments, which exceeded the 33% ceiling for new jetliner programs. Boeing was under suspicion because of the amount of new jetliners that Airbus was able to produce within a short period of time and even if the funding was legitimate, how could Airbus afford to pay the loans back within the 1 7-year timeshare at the proper interest rate. Likewise, Airbus accused Boeing of taking subsidies from the U.S. Government that were either never going to be paid jack or above the ceiling limit, especially indirect support due to the technology used from NASA in new jetliner models. In March of 2012, about eight years later, the WTFO determined that Boeing had received approximately $5 billion in illegal subsidies for its development of the 787 Adrenaline and other aircraft models giving Boeing an unfair advantage over Airbus (Drew Clark, 2012).Within that same ruling, it was determined that Airbus received around $15 billion in loans at below market interest rates and that Airbus was likely receiving various amounts of loans for decades. They noted that Airbus could not have jumped passed Boeing within 35 years without the additional funding, but did not provide exact amounts or details of the funding (Drew Clark, 2012). Although both sides claimed victory, the complaints provided further insight to the lack of authoritative power the WTFO actually had.If payments or restitution were to b e paid by any party in this case, they would have to be worked out in good faith or by some other way such as the court systems. OPTIONS FOR RESOLUTION One of the glaring deficiencies of the WTFO is its lack of authoritative ewer, especially in attempting to resolve the long-time dispute between Boeing and Airbus. Although the WTFO ruled that both parties were not in compliance with international regulations and that they illegally accepted more subsidies than what they should have, the organization did not seem to be in a position to enforce its ruling.An option for resolving the subsidy dispute would be to establish a new trade agreement, which could be upheld in the international courts. It seems that there was sufficient evidence from the Wets investigation to provide a ruling but overall authoritative power as lacking. If the authoritative power is bestowed to a court system, the international trading system should not be greatly affected. 2. Since Boeing and Airbus are publicly listed, which means that they have to issue annual reports to their shareholders.Therefore, it is imperative that they disclose their financial reports as well as provide more details on their source of funding. Transparency is a key element that will play a major role in appeasing the tension and create a fairer competitive environment. With better-informed shareholders and stakeholders, both companies can focus n other issues such as building safer and better aircrafts rather than funding issues. 3. It is obvious that the Boeing and Airbus contention has as strong political root due to involvement of governments and other national bodies.
Sunday, November 24, 2019
Child Develpoment in the four stages essays
Child Develpoment in the four stages essays From the day of your babys birth, he already has certain abilities and instinctive reactions. But he has a lot to discover and in his early years the gaps are made good by what he learns from his family- most of all, his mother. He learns with all his senses, but particularly by imitation and experience. Watching a babys body and mind grow is one of the delights of being a parent. At first the baby struggles to recognise the world around him by looking and listening. Then he reaches out to it: as his arms and legs grow strong, he begins to explore. Increasingly during his second and third years his personality reveals itself in the way he tries to control his world with his newly discovered skills. Firstly, physical changes in a child are usually the most obvious and significant developments in a childs growth. During the first 18 months the average child makes considerable gains in height and weight, begins teething, develops sensory distinction and begins to walk and talk. Sensory perception developments rapidly during the first three months of life. Research shows that newborns are capable of auditory and visual contrast. Within three months they can distinguish colour and form; they show a preference for complex and novel stimuli as apposed to simple and familiar stimuli. Newborns perform motor movements, many of which are reflexive. Soon after birth they gain voluntary control of movements. The major stages of locomotion are crawling, creeping and walking. The average infant walks (without support) between 13 and 15 months of age. Normal infants possess neurological systems that detect and store speech sounds, permit reproduction of these sounds and eventually produce language. Infants utter all known speech sounds, but only retain those heard regularly. Word-like sounds occur at 12 months and have meaning at 18 months. Gaining of complex language after 18 months is very rapid. ...
Thursday, November 21, 2019
Case Study Analysis Assignment Example | Topics and Well Written Essays - 2000 words
Case Study Analysis - Assignment Example Analysis In the first case analysis the company under consideration is Charles Schwab. There are a number of key issues facing this organization. One of the predominant considerations is related to online trading, namely the e.Schwab product. Charles Schwab is an equity brokerage firm and a significant amount of this business occurs through online trading options. One of the main questions that the organization faced in relation to its online trading platform was whether to offer all customers significantly discounted trades while at the same time provide the same amount of service options that had previously provided. The organization had considered two solutions to this quandary. The first solution involved potentially granting customers complete access to the organizationââ¬â¢s services, while at the same time offering a 20% discount on trades. The second solution involved granting customers an even greater discount on trades, but at the same time curtailing the services provid ed. The major dilemma was whether it was worth sacrificing service for price discounts. Another prominent consideration was challenges from outside organizations. A great amount of discount brokerages emerged that challenged Schwabââ¬â¢s position as one of the preeminent stock traders. In response to these challenges the organization was to work towards differentiating itself through innovative product design and services. The main backbone of this innovation was rooted in technology that, ââ¬Å"to both generate productivity improvements and to develop superior customer serviceâ⬠(ââ¬ËCharles Schwab Corporation.ââ¬â¢ 2001, p. 3). As such, a multi-channel strategy was implemented. Still the organization was faced with further questions of whether to expand deeper into Internet trading. While organizations such as E*Trade had been coming on strong, Schwab recognized that they retained significant portions of the market. These considerations factored into whether the org anization should assume a lower pricing strategy per trade or if they should continue with the traditional mode of business based heavily on attention to service. Fig. 1 Charles Schwab In the second case analysis the company under consideration is Zara. There are a number of key issues facing this organization. Zara is recognized as the chain of stores of the main organization Inditex. One of the main issues facing Zara specifically is whether the point-of-sale (POS) terminals should be upgraded. One of the negative aspects of the current point-of-sale (POS) terminals is that they run on DOS. While DOS was once the major language used by computers, in the current environment it had become outdated and was no longer even compatible with Windows. Even as members of the organization believed an update was necessary these individuals were challenged on the grounds that even while the point-of-sale (POS) terminals are outdated they still function to maximum effectiveness. Still, individu als in the organization that support the implementation of new point-of-sale (POS) terminals argue that store managers within the organization have been accessing for updated software, as it would greatly contribute to functionality and ease of use. However, this poses a challenge. If the organization were to update the software to Windows there would be compatibility issues between antiquated hardware
Wednesday, November 20, 2019
A passage to India Essay Example | Topics and Well Written Essays - 250 words
A passage to India - Essay Example Aziz and friends longs for the company of an English man, the common wish of the Indians during that time. Both, Aziz and Fielding have similarities in their behavior that they are curious in Indian mysteries. Moreover, Fielding has high respects for Indian tradition and is high tolerant. It may be this common fact that befriends them. The western similarity of Aziz is clear when Moore explains her experience with Aziz in the mosque. Only much later Ronny and others realize that she was speaking about a Muslim, who exactly follows the western way of living. The words of Miss Quested are notable in this context when she exclaimed, ââ¬Å"A Mohammedan! How perfectly magnificent!â⬠(Foster 9). 2. What do you think really happened to Adel Quested in the cave? What might the echo signify symbolically in the novel? Adel Quested had a wild experience in the Marabar Caves where she was overcome with claustrophobia like Mrs. Moore. When she entered the cave alone, the echo of the sound a nd loneliness might have frightened her. This actually caused for her fainting and misunderstanding that Aziz molested her. However, the echo in the cave has symbolic significance in the novel with various propositions. There have been many inferences among the critics regarding this symbol. But one can see echo representing climax of horror of the novel.
Sunday, November 17, 2019
MGMT 670- STRATEGIC MANAGEMENT Case Study Example | Topics and Well Written Essays - 1250 words
MGMT 670- STRATEGIC MANAGEMENT - Case Study Example The DVD had in reality created a wave among the Americans and it has been estimated that during the year 2008 more than 85 percent of the US households had this player. Apart from this, individuals could also very well subscribe for movie DVDââ¬â¢s and get them delivered to their home, by joining subscription services like the Blockbuster and Netflix companies. The advent of the internet into the homes have created a new platform, which has enabled people to watch downloadable movies. Many downloadable sites are available over the internet like the Netflix, Blockbuster, which allow the people al over the world, to either watch movies online or download them to their personal computers. (Thompson 2008) Home Movie Rental Business and Economic characteristics 1. The future movie experience for the worldwide audience is going to get concentrated on the home viewing category, since more and more famous companies like the Netflix and Blockbuster are on the path of streaming movies, dire ctly to the viewers big screen televisions. This could result in the start of an era, that could well enable the viewerââ¬â¢s world over to watch movies online or through the televisions, by subscribing with their satellite or cable operators. 2. Though most of the movie companies in the past have been much reluctant when it came to the provision of the video on demand because of the inherent threat of piracy, still some companies have changed their stance ever since. They feel doubtful about the extent of the profits, that they could very well acquire from such a business model and hence they have shown a positive bias with regards to the streaming movies online that cannot be pirated. . 3. The online movie download and streaming facilities with the increase in the internet service the world over, have made the online movie rental business quite attractive. (Thompson 2008) Competition in the Movie Rental Industry Thus the question now boils as to how the entertainment industry i s going to move forward in the coming years, with more and more breakthroughs taking place every day. Indeed this has made the competition much tougher between the various companies in the US and the foremost among them have been the Netflix and the Blockbuster companies, which have been very much in the forefront, when it comes to the entertainment segment and in the business of providing their viewers with unique entertainment and movie viewing experiences. (Thompson 2008) Netflix Driving Forces The year 2008 as already mentioned before had indeed become an important year, which had marked a change in the way people started to watch movies through rental videos. It started the subscription era of movies with the advancement of internet technology and the largest online subscription company turned out to be Netflix. Netflix Key Success factors The uniqueness that can be attributed to the Netflix success, can very much be attributed to the business model that it pursues for marketin g its movies online. This is because Netflix through its online portal very well gives its subscribers the same kind of benefits that they get, when they visit their nearest online video stores. They can pick from a wide variety of movies that are offered on the Netflix website and at the same time save valuable time, in case they had to rent it from their nearest rental video store by physically walking in and picking out the video. The distribution and the fast mail delivery system of providing the customers with
Friday, November 15, 2019
A history of Common Law
A history of Common Law Common Law In order to be influential, the law is to be professed as both certain and predictable, and also flexible and fair.à Specifically, it needs clear rules on the one hand, but flexibility on the other to produce exceptions to cases that lead to apparently incongruous or unjust conclusions if the rules are applied rigidly.à Equity is an essence of principles, doctrines, and rules advanced initially by the Court of Chancery in positive competition with the rules, doctrines and principles of the Common Law Courts.à The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ââ¬Ëfused.ââ¬â¢Ã On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ââ¬Ëthey are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.ââ¬â¢ For a long time, the two structures of common law and equity ran uncomfortably side by side.à Until 1615 it was by no means established which one was to prevail in the event of a dispute.à Yet, even after that year the inconsistency between the two systems continued for a very long time.à After the restructuring of the English court system in 1865, it was decided that in the event of a conflict between the common law and equitable principles, equity must prevail.à The Judicature Acts 1873-1975 created one system of courts by amalgamating the common law courts and the courts of equity to form the Supreme Court of Judicature which would administer common law and equity.à Accordingly the court ââ¬Ëis now not a Court of Law or a Court of Equity, it is a Court of Complete Jurisdiction.ââ¬â¢ The area of law recognized as Equity developed in England and Wales in the Middle Ages in situations where the ordinary common law had failed to afford suitable redress.à Many legal actions, for example, originated by the issue of a writ but the slightest inaccuracy on the writ would invalidate the entire action.à Another inadequacy in the ordinary common law involved the fact that the only remedy was damages; that is, compensation, therefore, the court orders did not exist to require people to do something or to desist from some conduct, for example, sell as piece of land according to an agreement made or stop using a particular title.à Dissatisfied litigants frequently preferred to petition the King for him to mediate in a specific case, the courts were, in any case, the Kingââ¬â¢s courts.à These petitionsââ¬â¢ for justice were dealt with by the Kingââ¬â¢s Chancellor who determined each case according to his own discretion.à Over the years, the decisions mad e by Lord Chancellor became known as the rules of equity, derived from the Latin meaning levelling.à These new-found rules came to be applied in a special court, the Chancellorââ¬â¢s Court, which became identified as the Court of Chancery.à Equity began to appear as an apparent set of principles, rather than a personal jurisdiction of the Chancellor, during the Chancellorship of Lord Nottingham in 1673.à By the end of Lord Eldonââ¬â¢s Chancellorship in 1827 equity was recognized as a precise jurisdiction. Nevertheless the development of a parallel but distinct system of dispute resolution was certainly bound to generate a conflict.à An individual wronged by a failure of the common law to remedy a gross injustice would apply to the court of equity.à The Chancellor, if the case accepted it, would approve of a remedy preventing the common law court from imposing its order.à The catharsis transpired in the Earl ofOxfordââ¬â¢s Case, where the court of common law ordered the payment of a debt.à The debt had previously been paid, but the deed giving affect to the requirement had not been cancelled.à The court of equity was prepared to grant an order preventing this and resolving the deed.à The collision was in due course resolved in favour of equity; where there is an inconsistency, equity prevails.à This rule is now preserved in the Supreme Court Act 1981, s 49. The history of equity is regarded by its constant ebb and flow between compatibility and competition with the common law.à More recent developments in equity include, for example, the recognition of restrictive covenants, the expansion of remedies, the development of doctrines such as proprietary estoppel, the enhanced status of contractual licences, and the new model constructive trust.à There is an effort, then again, to validate these new developments, which are all illustrations of judicial inspiration, by precedent.à As Bagnall J said in Cowcher vCowcher: ââ¬Ëthis does not mean that equity is past childbearing; simply that its progeny must be legitimate- by precedent out of principle.à It is well that this should be so; otherwise no lawyer could safely advise on his clientââ¬â¢s title and every quarrel would lead to a law-suit.ââ¬â¢ In all probability the single most significant feature of equity is the trust.à If title to any property is vested in a person as trustee for another, equity not only restrains the trustee from denying his trust and setting himself up as absolute owner, but impresses on the trustee positive duties of good faith towards the other person.à Although one of the original development of equity, the protection granted to equitable owners behind a trust has developed considerably over the last 50 years. Remedies represent some interesting illustrations of the difference between law and equity; a difference which arose as; ââ¬Ëan accident of history,ââ¬â¢ according to Lord Nicholls in A-G v Blake. Ordinarily legal rights and remedies remain separate from equitable ones.à Some similarities do, nevertheless, occur.à For illustration, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, or to stop a nuisance, both common law claims.à In A-G v Blake, the House of Lords authorized the equitable remedy of account of profits for an assertion for violation of contract where the common law remedy of damages would have been insufficient. The equitable remedy of account of profits is usually accessible where there is a fiduciary relationship but the House of Lords endorsed its request otherwise in exceptional cases where it was the operative way to remedy a wrong.à By distinction, in Seager v Copydex, proceedings were brought for breach of confidence in regard for confidential information exposed by the defendants about a carpet grip.à Such a claim is equitable and normally the equitable remedies of injunction and account are obtainable.à On the other hand, an injunction would have been unsuccessful and he judges awarded damages.à It would appear, consequently that a common law remedy is available for an equitable claim for breach of confidence. The new model constructive trust resulted in the main due to the resourceful activity of Lord Denning MR.à In Hussey v Palmer, Lord Denning explained the constructive trust as one ââ¬Ëimposed by the law wherever justice and good conscience require it.ââ¬â¢Ã Cases such as Eves v Eves, where the woman was awarded an equitable interest in the property signifying her involvement in terms of heavy work, and Cooke v Head, a comparable case, regard this progress further.à On the other hand, it might be that this progression has come to a standstill since the retirement of Lord Denning.à A number of modern cases, including Lloyds Bank v Rosset, have re-established former ideology in this sphere relating to the survival of a common intention that an equitable interest should occur, and the existence of a direct financial contribution.à These ethics are more analogous to those relating to the formation of a resulting trust.The new model constructive trust has been for the most part thriving in the field of licences.à At common law, a contractual licence was controlled by the doctrine of privity of contract, and failed to present protection against a third party.à Equitable remedies have been made accessible to avoid a licensor violating a contractual licence and to permit a licence to bind third parties. It has been acknowledged that certain licences may produce an equitable proprietary interest by means of a constructive trust or proprietary estoppel.à In Binions v Evans, it was decided by Lord Denning that purchasers were compelled by a contractual licence between the former owners and Mrs Evans, an occupant. A constructive trust was imposed in her preference as the purchasers had bought specifically subject to Mrs Evansââ¬â¢ interest and had, for those grounds, paid a reduced price.à Also in RE Sharpe, a constructive trust was imposed on a trustee in bankruptcy regarding an interest obtained by an aunt who lent money to her nephew for a house purchase on the arrangement that she could live there for the rest of her life.The volatility of these progressing fields is once more shown in recent case law which seems to hold back from an advancement which may have pushed the boundaries too far.à Obiter dicta from the Court of Appeal in Ashburn Anstalt v W JArnold Co, accept ed in Habermann v Koehler, propose that a licence will only give effect to a constructive trust where the conscience of a third party is influenced:à it will be imposed where their behaviour so deserves.à Judicial resourcefulness in equitable disciplines is therefore made subject to refinements by judges in later cases. Proprietary estoppel is an additional illustration of an equitable doctrine which has seen momentous progression in the interest in justice ever since its formation in the leading case of Dillwyn v Llewelyn.à The dogma is established on encouragement and acquiescence whereby equity was equipped to arbitrate and adjust the rights of the parties.à Its relevance has been further improved by the Court of Appeal in Gillet vHolt, where a wider line of attack to the doctrine was taken that depended, eventually, on the unconscionability of the act.à Once more, it is an advancement which is outside of the organization of property rights and their registration recognized by Parliament. Cases such as Jennings v Rice show that the principle of proprietary estoppel and the protection of licences by estoppel continue to be a successful means used by the judges for the protection of licences and equitable rights.à The extent to which the right welcomes protection is adaptable owing to the conditions of the particular case.à For example, in Matharu v Matharu, the licence did not bestow a beneficial interest but presented to the respondent a right to live in the house for the rest of her life. A different prevailing progression in equity has resulted from the decision of the House of Lords in Barclays Bank plc v Oââ¬â¢Brien.à The case has proclaimed the re-emergence in a broad sense of the equitable doctrine of notice.à They present that, where there is undue influence over a co-mortgagor or surety, this may provide augmentation to a right to prevent the transaction.à This right to avoid the transaction amounts to an equity of which the mortgagee may be considered to have constructive notice.à This revivification of the equitable doctrine of notice in a contemporary situation reveals evidently the flexibility of equity.à A number of cases pursued this pronouncement.à In Royal Bank of Scotland v Etridge, the House of Lords laid down common procedures for the application of the doctrine of notice in this situation. In summary equity fulfils the common law, although it does not endeavour to displace it with a moral code.à There have been setbacks and refinements, over the last 50 years, in the progress of new doctrines relating to the trust, above all when later judges seek to rationalise and consolidate new ideology.à Nonetheless it is apparent that equity remains its traditions, and prevails over the common law in the event of conflict.
Tuesday, November 12, 2019
Does The Government Control Our Rights? :: essays research papers fc
How many rights do you have? You should check, because it might not be as many as you think. Some people are not concerned that the police can execute a search warrant without knocking, set up roadblocks, and interrogate innocent citizens. Nor are they concerned when a drug dealer receives a life sentence for selling a quarter gram of cocaine for $20 (Bailey). When you combine current events with the widespread need of people to fit into society, we should all be concerned. The Bill of Rights, when written, established and protected our personal freedoms from government interference. For centuries, governments have tried to regulate information thought to be inappropriate or offensive. Todayââ¬â¢s technology has given the government an excuse to interfere with free speech. By claiming that radio frequencies are a limited resource, the government tells broadcasters what to say and what not to say. The FCC (Federal Communications Commission) carefully monitors news, public, and local programming for what they consider obscenity (Hyland). As in speech, technology has provided another excuse for government intrusion in the press. The Secret Service can confiscate computers, printers, hard disks, and mail from electronic services they do not consider a press. Entire stores of books and videotapes are seized because of sexually explicit material. The Bill of Rights and the First Amendment exists to protect speech and press that is unpopular. ââ¬Å"Everyone has the right to freedom of opinion and expression (Steele).â⬠If unpopular ideas did not exist, we would not need the First Amendment. The right to bear arms is so commonly challenged that it has its own name: gun control. Banning weapons not for ââ¬Å"legitimateâ⬠sporting purposes is a misuse of the right to bear arms amendment. ââ¬Å"If the need for defense arises, it will not be herds of deer that threaten our security, but humans (Steele).â⬠It is an unfortunate fact that the guns we need for defense are guns that attack people not animals. The right to be secure in your home goes hand in hand with the right to bear arms. A law that went into effect in 1991 allows the tax assessor to enter your home and list your personal property for tax purposes. Being required to tell the state everything you own and submitting to an invasion by the taxman is not being secure in your home. Maybe that is why the government controls guns.
Sunday, November 10, 2019
Resourcing Talent
Resourcing Talent Report Adrienne Westerdale Attracting and retaining a diverse workforce is very important; there are many organisational benefits for doing so. People of different ages, genders and cultures will bring new skills and ideas to the organisation. A diverse workforce can help to inform companies of new or enhanced products and services as well as open up new market opportunities. It can improve market share and broaden an organisations customer base. CIPD defines managing diversity as ââ¬Å"valuing everyone as an individual- valuing people as employees, customers and clientsâ⬠.Location is a factor that can affect an organisations approach to attracting talent; there are lots of people that will look for work close to their homes to avoid commuting or even relocating. This could become a problem for organisations especially if recruiting for a specialised position such as engineers; it could be that they have advertised the vacancy locally and havenââ¬â¢t had a suitable applicant so will need to look further afield. It may take a little longer to fill the position which could increase the work load for other employees.Again this would have an effect on the organisation as it could lead to employees taking time off due to stress. Salaries would be another factor that can affect the approach to attracting talent. By offering a high salary you are more likely to receive more applicants for the position, however, the company can only offer a specific salary for a specific role. The organisations reputation has a massive affect, maintaining good relationships with employees will help create a good reputation. Offering your staff good benefits and salaries as well as treating them fairly with respect will encourage them to speak highly of the company.Good news travels fast which will attract potential employees to the organisation, however, if you donââ¬â¢t look after your employees you will find it hard to gain their respect which could resu lt in loosing staff. The recruitment methods a company use can determine who they attract when recruiting. There are many things to consider when deciding which methods to use; we must look at the costs of different methods. Advertising can be very expensive, magazines especially. For a black and white quarter page advert a company can look to pay as much as ? ,100 and up to ? 7,650 for half a page. This can also affect an organisations approach to recruitment and selection; as advertising is very costly most companies will be limited to where they can advertise a vacancy which may not attract the appropriate candidate. Recruitment Methods Email: Recruiting through email can be an effective way to recruit internally as everyone within the organisation has access to it; however, there are chances that some employees may not pick their emails up in time to apply for the position.It could also cause conflict if only certain people are sent the email encouraging them to apply for the va cancy and others within the company arenââ¬â¢t. Notice boards are also used to advertise vacancies internally; there are advantages to these as everyone can see them. Most people will take a look if something new is put up; the advert will have to be bright and bold to attract attention. Notice boards donââ¬â¢t always attract the appropriate candidate and employers can find that most of their applicants are unsuitable for the position.A successful way of recruiting internally would be through talent planning/management; this way the employee has the chance to learn all aspects of the business at different levels while progressing. Methods of external recruitment can be through recruitment agencies; a variety of different external agencies can be employed to undertake some part of the recruitment process on behalf of employers. The good thing about using agencies is that they do all the work for you.They will advertise the vacancy as well carry out a short interview with any ca ndidates to identify if they are suitable to apply. The only downside to using this method is the cost; some private agencies will charge a fee. Some companies may also use the job centre as a method of recruitment; however, some employers are reluctant to use them despite the fact that unlike recruitment agencies they offer free advertising. This is partly because the clientele is mainly comprised of unemployed people, who are perceived to be unskilled or low skilled and therefore inappropriate for many jobs.The recruitment function of an organisation is affected and governed by a mix of various internal and external forces. The internal are the factors that can be controlled by the organisation, whereas the external factors cannot. Examples of internal factors would be: * Recruitment policy * Size of the firm * Cost of recruitment * Growth and expansion Examples of external would be: * Supply and demand * Labour market * Unemployment rate * CompetitorsOther factors that will affec t an organisations approach to recruitment and selection can be the effectiveness of the interview; most interviews will be made up of a panel of interviewers from specific departments of the organisation, it is important to ensure that all panel members are trained in interview techniques. You should make sure you carry out thorough preparation and know the candidateââ¬â¢s background while asking competency based questions linked to the person specification. Allowing sufficient time for the interview is very important and always gives the candidate chance to ask any questions.References can affect the approach to recruitment and selection; Stephen Taylor says ââ¬Å"Like interviews and application forms, it is very widely used but has been found to be of limited value by researchers. As a predictor of job performance it has low validity and has often been found to contain more information about its author than about its subjectâ⬠(Resourcing and Talent Management, Stephen T aylor. P242) a great deal of time and effort is put in by some employers to chase up references to find that they have little practical value.It is very rare that negative or semi-negative references are made; however, most employers now have a policy of only providing factual information and make no comment about an individualââ¬â¢s suitability at all. The law have made it difficult for employers writing references to know for certain that what they will write will be confidential as unsuccessful candidates now have the right to ask for a copy of their references. Inductions The purpose of an induction is to ensure the effective integration of a new employee into the work place.As well as the usual orientation, a new starter needs to understand the business, where their role sits within the set up and whatââ¬â¢s expected of them, as well as being quite clear regarding their terms and conditions of employment. A good induction programme should leave no room for confusion or la ck of understanding and should, therefore, induce a feeling of ââ¬Å"belongingâ⬠. The employee should then integrate well into the team, have high morale, achieve optimum productivity and therefore be able to work to full potential. In other words- job satisfaction.For the employee it means that all bases are covered and their trained and introduced properly. It also means that all employees receive the same, consistent experience when joining. It ensures that they aware of the company policies and procedures as well as the company ways of working and vision. ââ¬Å"The main reason is that new employees who have undergone an effective induction programme are likely to be competent performers at their jobs more quickly than those whose induction was scanty or non- existent. â⬠(Malcolm Martin and Patricia Jackson, 4th Edition.P110) ââ¬Å"Also, the former group are less likely to leave the organisation at an early stage than the latter group (this phenomenon is commonly kn own as the ââ¬Ëinduction crisisââ¬â¢ and signifies a dissatisfaction with the job or the organisation or both). (Malcolm Martin and Patricia Jackson, 4th Edition. P110) There are certain subjects that should be covered during the induction; employees need to be informed of the organisations products, services, markets and values, terms and conditions of employment for example; pay, hours of work, holidays and sick pay and pension schemes.During the induction employees will be made aware of the physical layout of the organisation along with their rules and procedures, they will also be told of the background and structure. These subjects will put across using different training methods. On the job training will include: * Demonstration/ Instruction- This is showing the trainee how to do the job. * Coaching- This is a more intense method of training that involves a close working relationship between an experienced employee and trainee. Job rotations- This is where the trainee is given several jobs in succession, to gain experience of a wide range of activities (eg. A graduate management trainee might spend periods in several different departments). * Projects- Employees join a project team- This gives them exposure to other parts of the business and allows them to take part in new activities. Advantages of on the job training are that itââ¬â¢s most cost effective as there are no external training courses to pay for and employees donââ¬â¢t need to be given a day release to attend them.It also means new employees are training alongside real colleagues so get an actual feel for how their working day will run. There are disadvantages however to on the job training; employees may pick up bad habits from those who have been with the company for a long time there is also the potential for disruption to production. The learning environment might not be conductive when carrying out on the job training. Off the job training will include: * Distant learning * D ay release * Self-study * Block release course- This may involve several weeks at college.Advantages of off the job training are that a wider range of skills and qualifications can be obtained, employees can learn from outside specialists and experts. It could also mean that employees can be more confident when starting the job. Disadvantages are that it is more experience; companies may need to pay for not only the training course but also for transport and accommodation depending on the location. It could mean lost working time and potential output; once they start the job they may need some further induction training. A big disadvantage to external training courses is the timescales in which they are done.You may book an employee onto a course but will have to wait a couple of weeks for them to attend; this will prevent them from their starting their role. People who will take part in an induction would usually be managers, HR professionals and any trainers depending on the posit ion. Inductions donââ¬â¢t need to be a very formal process but it needs to be properly managed. ACAS run practical training courses to equip managers and HR professionals with the necessary skills to deal with employment relation issues and to create a more productive work place environments.
Friday, November 8, 2019
Alienation in Contemporary Maori Society essays
Alienation in Contemporary Maori Society essays Contemporary Maori society has encountered difficulties in the absence of traditional Maori culture. Maori writers have emphasized alienation as a cultural and singular quandary within post settlement New Zealand. One such Maori writer, Witi Ihimaera, focuses on problems of contemporary Maori society in a number of his works. In the short story entitled, Big Brother, Little Sister, Ihimaera designs a Maori story replete with desperation and alienation that masks love, a corner post in traditional Maori society. In traditional Maori culture, the family was an integral part of the survival based on the clan's ability to cooperate and withstand a sundry assortment of tribulations ranging from agricultural issues to attacks by neighboring clans. By using love to contrast alienation the theme of abandonment is shown as a problem in contemporary Maori society. A sense of estrangement is first introduced in the first domestic scene of the story. The father and mother return after a night of drinking and after a fight about infidelities the father viciously beat his wife and daughter. After being battered the mother filled with fear, exclaims to the father, 'No, John, don't leave me. Don't.' This portrayal begins the departure from a traditional family to a contemporary one. In this encounter the two sides to the story are presented; by trying to protect their mother the children illustrated their love and devotion, the mothers' begging for her husband not to leave the mother's fear of alienation from male support is clearly shown. After these two sides are presented, the mother quickly establishes a trend; alienating her children in an effort to keep a male companion. The first example of this is illustrated shortly after the mother's lover, Uncle Pera moves in after the father leaves. Uncle Pera begins to dislike the children and grants them fewer liberties. At first, Uncle Pera forbids Janey to sleep with the mother. Eventually, the chi...
Wednesday, November 6, 2019
Canada as a 51st State essays
Canada as a 51st State essays Lately, living in Canada it is becoming clearer that our border with the United States seems to be vanishing. We have as a country always tried to stay independent and to be unique in our own ways. The multiculturalism and the way everyone lives together shows why Canada is one of the top countries. On the other hand Americans see us as if we are no different than themselves. In many cases they are correct, especially so after the September 11th attacks. Before all the worry about terrorism Canada was usually there alongside the United States to support them in their actions. Ever since the attack on the States, Canada was not only asked to be there for the Americans, they were just expected to be there. We helped them greatly by taking in all the people, having all planes land here, giving them support and raising money for the families whose members had lost their lives. Of course Canada never received much recognition for their great and sincere efforts. Lastly, and most importantly is Canadas geographical placement. With the way Canada is placed, having a long and open border with the United States almost melts the two countries together. If the United States was at war it would almost seem like Canada is at war as well. Canada mimics or follows the United States in many ways, sometimes without even realizing that they are doing this. Although Canada is only trying to help their neighbour and try to get along with them, they are also slowly handing themselves over, to become one with the United States and their people. ...
Sunday, November 3, 2019
Safety and Security in Health Care Assignment Example | Topics and Well Written Essays - 1000 words
Safety and Security in Health Care - Assignment Example The employee health department plays the role of protecting the employees from succumbing to diseases that may be transmitted by medical practitioners. Protection is done through immunizations. The department ensures that all the health of employees is safeguarded through reduction of malingering by workers as well as numerous reimbursement claims. à Facility safety committees are primarily set up to shield employees from injuries that may result from accidents. The committee has the role of ensuring that the right steps towards disaster management are properly followed for purposes of saving a life. Kavaler and Spiegel (2003) argue that safety committees have the responsibility of conducting mass education on disaster. à I operate with The Federal Physician Data Center that highlights on the vices that take place in health facilities. I own the state license that allows me right of entry for other licenses in my state. From my regulatory agency, I am able to understand the actions to be taken against nurses upon misconduct. à According to Kavaler and Spiegel (2003), national tracking agencies agree on the extent to which a healthcare practitioner can intermingle with the patients. These agencies also define the actions to be undertaken just in case the rules and regulations of the agency are not adhered to. National tracking agencies ensure that all structures required to execute the standards of the agency are held fast. à Physician peer review has the ability to withdraw any form of punishment that may be imposed on a physician in relation to his or her conduct. Peer review has the mandate of denying any form of invalidation of a physicianââ¬â¢s license to operate. They also protect the physicians from possible lawsuits as a result of their conduct. Ã
Friday, November 1, 2019
The Role of efforts in college Course Grades Essay
The Role of efforts in college Course Grades - Essay Example Therefore, college grades should be based solely on the efforts of students. One mechanism all lecturers should be executing is triangulating evaluation and assessment. This denotes that learners are assessed grounded on Observation, Conversation, and Product. As considerably as possible, teachers should get a balanced assessment of students. In a standard world, where teachers have time to expend teaching and conversing with learners, grades must be established via how appropriately the learner can intelligently debate the ideas and retort to othersââ¬â¢ interpretations. Furthermore, the grades must be based on how justifiably the learner can create and compose a coherent case linked to the facts; usually verified by essay, plus how acquainted the learner is with the basic authentic information necessitated by the topic, usually tried by exam (Frisbie, 23). A discrepancy should be crafted between modules that a teacher evaluates and elements that are utilized to establish course grades. Factors and variables that contribute to establishing course grades must reflect every students proficiency within the course subject. The elements of a grade must be educationally oriented; they ought not to be means of punishment or honors for pleasant traits or "good" outlooks. A learner who attains an "A" within a course must have a strong understanding of the knowledge and skills taught within that course. If a student were merely marginal educationally but very congenial and industrious, an "A" score would be misinforming and would be a knock-back to the incentive of the brilliant students within the program. Lecturers can provide feedback to learners on many traits, but only educational performance, efforts and accomplishments components must be used in determination of course grades (Frisbie, 24). However, it would be sensible for learners to be capable to attain this requirement by participating in classroom debates or
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