Thursday, October 31, 2019
Telepresence is Finally Coming of Age Essay Example | Topics and Well Written Essays - 1000 words
Telepresence is Finally Coming of Age - Essay Example Similar to face-to-face interactions, telepresence meetings allow users to view one another and the tension to stay attentive and engaged occurs. For most offices, such an innovation would prove the ideal solution (Shein 2010). Clearly, the abilities of the technology might form an experience that feels very realistic. However, users must question whether the experience is similar in quality to real human communication. As a result, prior to continuing to grow telepresence technology, an organization must take its effect on human communication and relationship quality into account. a. Apart from the travel cost savings mentioned in the case study, two less tangible advantages for applying telepresence over the travel alternative are the quality of the life of a worker and ecological footprint. These merits are not effortlessly weighted or valued. As a result, I will offer and reference conformist approximations in this research to support my answers. These kinds of innovations are only possible because of the functionality of grids, particularly telecommunications (Shein 2010). b. Levels of stress affect human health significantly. Researchers surveyed traveling businesspersons in 2000 who recorded 80% more clinical claims than those who are stationary (Shein 2010). Consequently, clinical claims can result in lost work output at the workplace. Between 60 and 90% of grievances made by patients and taken to doctors are about stress (Shein 2010). Researcher Dr. Herbert Benson says three of the most widespread symptoms, headaches, serious pain, and hypertension, account for more than half of lost incomes from absenteeism. It is logical to presume that retain workers in their homes as much as possible to prevent increases in their stress levels (Shein 2010).Â
Tuesday, October 29, 2019
Gear and Equipment Responsibility Essay Example for Free
Gear and Equipment Responsibility Essay My gear and equipment is my own personal responsibility. My gear was issued to me with the intent of me to keep track of my gear and to make sure my gear is ready and accessible when need be. It is my own personal responsibility to make sure that at all times my gear is stored or secured in a safe place to make sure that nothing is either damaged, lost or stolen. It is my own personal responsibility to ensure that if anything were to happen to my gear that it should be reported immediately, such as damaged or malfunctioning gear or lost gear. If my gear is broken or malfunctioning it is my own personal responsibility to see to it that if I cannot personally fix my gear that through the chain of command someone is notified until a solution to the problem is found and the problem itself is fixed. If my gear is to ever be lost or stolen it is again my own personal responsibility to go through the chain of command notifying those appointed over me of my lost or stolen and gear. To lose my gear or have it stolen is something that should never happen though. Every Marine is responsible for his or her own gear and irresponsibly losing the gear that is issued to each individual Marine shows a lack of responsibility. If a Marines gear is stolen it shows poor judgment on the Marine that believed he or she could leave his or her gear laying out and lack of integrity on the part of the Marine that stole the other Marines gear. A Marine should show better judgment in where he or she stows his or her gear. A Marine is issued his or her own individual gear with the intent of it being his or her own personal gear but to leave his or her own gear lying about, wherever he or she so pleases is not in any way, shape or form showing good judgment but lack of responsibility issued to that Marine. Every Marine is responsible for his or her own personal gear and is a reflection of what to possibly expect from the irresponsible Marine. A Marine should always be aware of his or her own personal gear at all times and make sure that his or her own personal gear is properly stowed or secured in secure location to prevent such instances of theft or misplacing his or her own gear. Alternatively, each and every Marine should know that if he or she is not able to stow his or her gear in a safe or secure location than to entrust another Marine to watch over his or her gear until a place to secure his or her own gear is found to ensure that the Marines gear is safe from theft and no excuse for misplacing his or her own gear would be an acceptable answer when questioned as to how the Marines gear went missing or was stolen.
Sunday, October 27, 2019
Dismissal or Termination of Employment Contract
Dismissal or Termination of Employment Contract The dismissal or termination of an employment contract by an employer may entitle an employee to seek redress through the courts based on a finding of wrongful and/or unfair dismissal. The pertinent distinction between the two is that a claim for wrongful dismissal is essentially an allegation of breach of contract, a common law action, whilst unfair dismissal is a dismissal committed in breach of relevant statutory provisions. In defence of such an action, an employer may wish to argue that a dismissal was justified or indeed may wish to raise a defence of fair dismissal. Examination of legal authority in this highly contentious area of Employment Law will reveal the circumstances in which the dismissal of an employee may be deemed to be wrongful, fair or unfair. Dismissal in breach of contract may lead to a finding of wrongful dismissal. This may occur where an employee, without being afforded the notice, which their employment contract stipulates they are entitled to, is dismissed. In fact any dismissal which is in breach of a contract of employment may be tantamount to a wrongful dismissal and this position is neatly dealt with by Smith and Thomas:     if a contract is for a fixed term, or expressly stated to be terminable only in     certain ways, and it is terminated before the term expires or in an improper way,     that may be a wrongful dismissal. More typical, however, is the case where the     employer dismissed the employee with no or inadequate notice, or purported to     dismiss him for cause where the facts did not justify such action. It should be noted that the Employment Rights Act (ERA) 1996, s.86(1) applies minimum notice periods to be given by an employer in terminating a contract of an employee who has been continuously employed for one month or more. However, an employer may be liable for damages for wrongful dismissal where the contract of employment specifies a longer notice period than that laid down by ERA 1996 and the employer in reliance on the statutory provisions, serves the minimum notice. The court may nonetheless import a reasonable notice period into a contract of employment as occurred in the decision of Hill v CA Parsons Co Ltd. In this case a chartered engineer had refused to join a trade union, despite his employers request for him to do so. The employer did not wish to dismiss the employee, but had negotiated terms with the union which required employees to join the union. The employer gave one months notice of dismissal., but should have provided three months notice under the relevant statutory provision at that time. It was held by the Court of Appeal, by a majority decision, that reasonable notice in this case would have been between six and twelve months in length. In defence of an action for wrongful dismissal an employer may contend that the dismissal was justified and such a defence will succeed where, for example, the employees behaviour amounts to gross misconduct. In accordance with s.94(1) of the ERA 1996, an employee has the right not to be unfairly dismissed. However, the first hurdle for an employee to overcome in an action for unfair dismissal is that he must have been continuously employed by that employer for a period of at least one year: s.108(1), ERA 1996. The employee must also show that he has been dismissed in accordance with one of the definitions of dismissal contained within the ERA 1996. Section 95 of the Act deals with the circumstances in which an employee is dismissed. The first situation under which an employee is dismissed is where the employment contract is simply terminated by the employer, whether with or without notice: s.95(1)(a), ERA 1996. This type of dismissal is otherwise known as direct or express dismissal. Difficulties may arise in interpreting an employers words and whether or not these can be said to have amounted to a dismissal. In Tanner v Kean the words used by the employer were youre finished with me. It was held by the Employment Appeals Tribunal that the words used should not be interpreted to signify a dismissal by the employer and that the test was what a reasonable employee would understand from the words used. In fact bad language by the employer used to signify the employee leaving the work place, will not amount to a dismissal: Futty v Brekkes. In this case the words Fuck off! were held not to constitute a dismissal, but it should be noted that such words were common in the dock yard workplace in question. The next category under which an employee is deemed to be dismissed by his employer is where an employees limited term contract terminates by virtue of the limiting event without being renewed. Sections 235(2A) and (2B) provide that a limited term contract is one which is not intended to be permanent. A limiting event in a contract for a fixed term means the expiry of the term, in a contract made in contemplation of performance of a specific task means the performance of the task and in a contract which provides for termination on the occurrence of an event or the failure of an event means the occurrence of the event or the failure of the event. The third category of dismissal under s.95 of the ERA is where:     the employee terminates the contract under which he is employed (with or     without notice) in circumstances in which he is entitled to terminate it without     notice by reason of the employers conduct: s.95(1)(c), ERA 1996. This is otherwise known as constructive dismissal as best explained by Lord Denning MR in Western Excavating v Sharp:     If the employer is guilty of conduct which is a significant breach going to the     root of the contract of employment, or which shows the employer no longer     intends to be bound by one or more of the essential terms of the contract, then the     employee is entitled to treat himself as discharged from any further performance.     If he does so, then he terminates the contract by reason of the employers conduct.     He is constructively dismissed. Lord Denning went on to explain that the conduct of the employer must be sufficiently serious to entitle the employee to leave at once and the Court of Appeal went to great lengths to stress that the employers conduct must have amounted to a repudiatory breach of the employment contract. This will occur where, for example, the employer breaches a fundamental term implied into employment contracts, to treat the employee with trust and confidence. In Stanley Cole (Wainfleet) Ltd v J F Sherridan the behaviour of the employer was held to open the door for a constructive dismissal claim as the employer issued a final warning to the employee for conduct which was considered to be minor in nature. As explained by Gwyneth Pitt:     This illustrates how the standards of acceptable behaviour have risen over the     years, so that there is more likelihood of bad behaviour being held to destroy     mutual trust and confidence. It should be noted that even if an employee does not initially commence an action for constructive dismissal, where the employer commits repudiatory breaches of the contract, but remains in employment, the employee may still rely on those breaches as establishing breach of trust and confidence, at a later date: Lewis v Motor world Garages Ltd. In this case the Court of Appeal held that numerous, relatively minor repudiatory breaches could cumulatively amount to a breach of trust and confidence and that the employee could rely on earlier breaches committed by the employer, despite the employee initially having remained in employment following those breaches. It should be noted that before taking the draconian measure of dismissing an employee, an employer should follow the standard procedure set out in the Employment Act 2002, Schedule 2, Part 1. For example the employer should invite the employee to attend a meeting and must set out in writing the employees alleged misconduct which has led to the dismissal. If the employer does not follow these procedures the employee will be regarded as unfairly dismissed unless the employer can show that would have decided to dismiss the employee even if he had followed the standard procedure. Upon the employee establishing that he meets the requirements of one years continuous employment and that he has been dismissed, the burden of proof shifts to the employer to establish the reason for the dismissal and that the reason falls within one of the fair reasons for dismissal, contained within s.98, ERA 1996. The first of the reasons relating to fairness relates to the capability or qualifications of the employee: s.98(2)(a), ERA 1996. Capability means the employees capability assessed by reference to skill, aptitude, health or any other physical or mental quality (s.98(3)(a), ERA 1996) whilst qualifications relate to any degree, diploma, or other academic, technical or professional qualification relevant to the position held (s.98(3)(b), ERA 1996). The second reason relates to conduct (s.98(2)(b), ERA 1996) for which the ACAS Code of Practice on Disciplinary and Grievance Procedures (2004) provides guidance. For example, the Code makes provision for a written warning to be given in the case of a first finding of misconduct, other than gross misconduct: Para 21. However, where a warning would clearly not prevent an employee from committing the act of misconduct in future, dismissal in the absence of a warning may be held to be fair: Retarded Childrens Aid Society v Day. Other factors which are considered fair reasons for dismissal are redundancy and that the employee could not continue in his employment without breaching statute law: s.98(2)(c) and (d), ERA 1996. Finally, a dismissal may be fair if it is for some other substantial reason of a kind such as to justify dismissal (s.98(1)(b), ERA 1996) and it shall be for a tribunal or court to determine whether a dismissal fair for some other substantial reason. In any case, whether or not the dismissal is construed to be fair will depend on whether, in the circumstances, the employer acted reasonably or unreasonably in treating the reason as a sufficient reason for dismissal: s.98(4)(a), ERA 1996. In interpreting s.98(4), Lord Browne-Wilkinson in Iceland Frozen Foods v Jones stated that in many cases there is a band of reasonable responses to the employees conduct within which one employer might reasonably take one view and another employer might reasonably take another view. His Lordship stated that the function of an employment tribunal is to determine:     whether in the particular circumstances of each case the decision to dismiss the     employee fell within the band of reasonable responses which a reasonable     employer might have adopted. It should be noted that it is sufficient for the employer to hold an honest belief, based on reasonable grounds, in the set of facts justifying dismissal. This position is best explained by Lord Denning MR in Alidair Ltd v Taylor:     If a man is dismissed for stealing, as long as the employer honestly believed it on     reasonable grounds, that is enough to justify dismissal. It is not necessary for the     employer to prove that he was in fact stealing. Whenever a man is dismissed for     incapacity or incompetence it is sufficient that the employer honestly believed on     reasonable grounds that the man is incapable or incompetent. It is not necessary     for the employer to prove that he is in fact incapable or incompetent. If an employer fails to establish a fair reason for dismissal it is quite possible that an employee may succeed in an action for unfair dismissal and the employer may in fact be liable for both wrongful and unfair dismissal in the same action. However, provided that the employer follows the procedural safeguards contained within the Employment Act 2002 and the ACAS Code of Practice he should generally speaking, be safe in an action for unfair and/ or wrongful dismissal.
Friday, October 25, 2019
Computers In Medical Field Essay -- Information Technology Essays
Introduction Today, in the United States, we all live in an age of technology and science. The use of technology and science has revolutionized our way of life. There are few things in history that have influenced our lives more than a computer. Today, there cannot be any field that is absent of the influence of computer applications. From farming to rocket science, computers have a huge role to play. The use of the computer has been on the increase for some time in many fields. Medicine is one of the many fields that have made tremendous strides in the twentieth century due to the advent of computers. Computers are used in medicine in almost all areas. Whether it is data management, diagnosis, or treatment, computers have there own applications. Everything we know today in medicine might not have been possible without the valuable contribution of computers. The Role of Computers in Storing Information Computers have been used as storage devices for medical information for many years. Computer-based patient records are good examples to prove the worth of computers as information storage. Due to startup and running costs, possibility for abuse, poor functioning, and the risk of loss of confidentiality, they were not used very much in the past. Now, they have become almost indispensable. Computer-based patient records have many advantages. They "have the potential to improve legibility, accessability, structure..."(Medical Informantics) the possibility of integration with telemedicine, and increased ability to collect health information. Computers are used for scheduling and appointment keeping. They are used to keep track of patients' visits. With the help of word processors, letters are typed and sent to... ...rt of medicine. Neither can they eliminate the need of human beings. What they can do is help us bring relevant and timely information to use on our care of individual patients. They can also help run the medical offices or hospitals in a way that makes good business sense. That is why many physicians have embraced the computer and made information technology an integral part of their approach to patient care. That is why they have been able to meet the increasing needs of the patents remarkably well. http://www.medicinenet.com/cat_scan/article.htm http://trc.telemed.org/telemedicine/primer.asp http://www.vet.uga.edu/mis/what.php http://www.mieur.nl/mihandbook/r_3_3/handbook/home.htm http://www.mieur.nl/mihandbook/r_3_3/handbook/home.htm (Much info I got was from this) If I forget we may want to think about getting rid of Advantages/Disadvantages sections
Thursday, October 24, 2019
Breach of Contract and Remedies Essay
For the injured party within a breached contract to claim for remedies whether it was agreed on at the time of writing the contract or an decided at a later time, both the injured party and the other party (e.g. a business and a customer) will have to go to court to decide what kind of remedy will occur to the injured party fairly to the proportion to the damaged done. Courts There would be cases where without the courts present when there has been a breach of contract, injured party may claim more than the total damaged done or may receive insufficient amount compared to the damaged occurred. To avoid this, the case will be given in court to ensure that based on the breach of contract and the damaged occurred it could be an unbiased solution and done fairly up to satisfactory. Depending on the type of cases of the breached contract, there are three main civil courts where both parties can hear their cases which are the Small Claims court, the County Court and the High Court. For example if T-Mobile and a customer where in a dispute of the breach of contract, they would apply for a court hearing where the case will give to a judge who will be a case manager for T-Mobile and the customer. Depending on the seriousness and the remedy or the amount the injured party can claim, the case manager will allocate and place the case to the appropriate court to carry out this case. If the dispute were between T-Mobile and an individual customer may be assigned to Small Court as they deal with small claims cases. If the dispute was with T-Mobile and a business, it may be assigned to a County Court as the claims would be higher than Small Courts. If it was with T-Mobile and a multi-million business or a manufacturer / supplier, it may be assigned to a High Court where complex cases are looked into. At the time of breach of contract, whether there has been a remedy within the contract agreed upon or not, the injured party will be able to take this case to court to be able get a better remedy sentenced given by the Judge from T-Mobile. When there is a breach of contract, the injured party will be compensated for the damaged caused. Small claims court Out of the three types of court, Small Claim is smaller and is part of the County Court. The Small Claim court will usually deal with smaller or less important claims which include contractual and business disputes. The business that usually goes to the Small Claim courts are to claim from failure for supplying goods and services that does not exceed or go above  £5,000. As these types of claims are usually common, it will be easy for the judge to make a clear decision simply based on the case put forward without the need of seeing the documents. As it is clear for decision to be finalised only legal advice may be given but not encouraged to have representative present in court. Also payment for legal help is not allowed, this could be because the Small Claim court will have a quick and efficient case being closed which means that it could reduce the parties cost in court. For example, if there were a dispute between T-Mobile and a customer and maybe T-Mobile may have not supplied a service to the customers several days although the customer has recently paid for the service. The customer will be able to claim for damages. Since for T-Mobile this dispute could be considered a small amount as they are a big and well known business worldwide, they are able to have this dispute finalised at the Small Claim court where the customer would be able to claim for damages. Knowingly T-Mobile would not be paying more than  £5,000. Depending on the claims and damages occurred to the injured party, T-Mobile may not lose as much money that could impact their profit margins on a monthly basis nationwide. When a customer is the injured party and the case has gone to a Small Claim Court, the customer may not benefit as the judge may have made up their mind of the remedy given to the injured party. This may not give the injured party a chance to be able to speak out or give their input about the severity of the breach of contract cause by T-Mobile. As a legal representative may not be present or speak on behalf of the injured party, the customer will need to accept the remedy declared by the judge given by T-Mobile. It may not be what the injured party wanted but may need to accept. T-Mobile will be forced to give the remedy even it was agreed upon within the contract. For example, the injured party (party) may have expected to receive cash for the damaged caused but the judge may allow T-Mobile to give a contract of choice without the need of payment from the customer. This may benefit T-Mobile more than the injured party as the amount of remedy may be limited and only the gathering of the documents given to the judge will be able to make a decision of the remedy given to the injured party. The remedy that may be given could be cash back to the injured party as T-Mobile may have charged them for unwanted services. Or it could be a small fine to T-Mobile for not giving the cash back in the first place to resolve this dispute such as unliquidated damage as a remedy to the injured party. County court This type of court will deal with bigger cases, a fast track case where it is worth between  £5,000 to  £15,000. The difference between County court and Small claim court is that the County court will have a jurisdiction involved to hear people’s cases in court. The County Court will deal with larger cases such as recovery of land, bankruptcies, company wind up, consumer’s credit and copyright matters. Compared to the Small Claim Court, the County Court is more formal and cases will be heard by a circuit judge who acts as a senior judge who will make decision on the case. Also they will be able to have a legal representation to have the parties have their cases represented to the judge. As well as the small claim court, help and advice will be available from the court and also will allow a person to claim against another. For example if T-Mobile were to be in dispute with another business causing more than  £5,000 of damages for not meeting the business needs for supplying services such as being their internet provider. This could be part of company wind up for T-Mobile. As another business is a client of T-Mobile, T-Mobile has not been able to meet the term of the agreement or has caused a breach of contract. The damage cause will be far too great to be dealt with in the Small Claim Court and may need to be dealt in a County Court where both parties will have a legal representation to present their cases to the Circuit Judge. If the judge reviews the case and conclude that T-Mobile were not able to keep to their agreement, the judge would be able to decide the penalty and the amount of damages the business will be able to claim. The County Court will allow the injured party to have a legal representation. This means that for the customer will be able to have a written report or have the legal representative empathise more on the damaged caused by T-Mobile. If the injured party is able to get more than they expect for remedy, this could benefit the injured party than T-Mobile. However the type of customer that will be taken to the County Court may need to fulfil some criteria to be able to be eligible to be in the County Court. This could be the depending on the amount of damaged caused or the type of customer that could be more significant than an individual person in a mobile contract with T-Mobile. To be in the County Court, the injured party or the damaged cause may need to be significant for additional documents and a legal representation to be present to give their case to the judge. As County Court is greater than Small Claim Court, the remedy that may need to be given to the injured party would be greater, this could mean a larger fine to T-Mobile than the fine in Small Claim Court. The fine would be greater because the product or service to the injured party would have been significant and the damaged cause would have lead to be dealt with in a County Court for example supplying a faulty machinery that should have been sophisticated and be robust from malfunctions. Remedy such as unliquidated damages may occur. High court In the UK, High Court is the most senior of the first instance civil court; this is where many cases are dealt with if it is a high priority or a sensitive case. The High Court is divided into three divisions which are the Queen’s Bench Division, The Chancery Division and The Family Division. The Queen’s Bench Division is a part of the High court that takes and hears multi-track contract cases. These cases usually consist of involving and dealing with large sum of money or complex point of law. The Queen’s Bench Division will deal with business matters which makes it act as a Commercial Court dealing with matters such as insurance, banking etc. They will also hear civil appeals from the County Court. The Chancery Division is another part of the High Court that deals with the financial matters of equity and fairness such as taxation, bankruptcies, mortgages etc. The Family Division will deal with the family law such taking and dealing with cases such as divorce and adoption. The Family Division may have a little role when it comes to cases of business matters. For example if T-Mobile was in a contract or agreement with a large business or supplier and there has been a breach of contract and the damage was too great to be dealt with in the County Court, then it may need to go to the High Court. If the matters were to involve large sum of money, they will need to go to the Queen’s Bench Division. As they may have been negligence on T-Mobile behalf, the Queen’s Bench Division will be able to oversee the case and conclude the damage the injured party will be able to claim and fine the party that carried out the damages. If T-Mobile was working with a third party to supplier many of their products to in order to expand their coverage of sales and T-Mobile may have not been able to meet some of the terms of the contract which may have led to the third party to break promises and be in a position of distress. It may be liable to T-Mobile where large of money has been lost or have not been cleared out on T-Mobile behalf. This case may have been dealt with in the Queen’s Bench Division of the High Court. The High Court is such a prestigious court this means that for a T-Mobile case to occur there, the case may need to be important and greater than the case in County Court. As the importance of the case will be significant this will mean that normal customer may not be in the High Court unless other aspect that is a serious matter is involved possible relating to other organisation or international matters. This could usually be between business to business. As businesses have a lot more to lose than an individual customer of T-Mobile, the dispute may need to solved in the high court where the case could last for a few days. When there is a breach of contract between business, the injured party will be able to sue T-Mobile and this could be in huge numbers. T-Mobile customer that walk in to their store a sign a contract may not be eligible for a High court case rather business to business that are both well known in the media whether it is domestic or international, a breach of contract may disrupt the service of both business until the dispute has been resolved. As the case would be in a High court, the damaged caused to the injured would be significant to be dealt with in a County Court where millions of pounds of damaged could have occurred. This could show that the remedy given would be much more significant. This could be a huge fine to the injurer party (T-Mobile) however is certain cases the judge may issue an injunction or specific performance as a remedy to the injured party. Time limit When there is a breach of contract between two parties, the injured party will be allowed to claim for a remedy however, the claim of a remedy has a time limit. The Legislation Act 1980 has made it clear for the claim of remedy to have a time limit. This means that once a dispute has occurred between the two parties caused by the breach of contract, the injured party will have a time limit of 6 years to be able to claim the remedy. In certain situation, such as the sale of land will have a time limit of 12 years of breach to be able to claim for remedy. There may be certain circumstances where the time limit to claim for remedy may extend if fraud has been involved within the breach of contract or the party claiming has a disability of lack capacity. In the case of T-Mobile, if there was a dispute to occur where T-Mobile may have not fulfil its duty to provide a service, in the Terms and Condition it states that it is up to the customer or consumer to tell T-Mobile about the damag ed caused and the claim that will be carried out as soon as possible. Although the Legislation Act says up to 6 years. Under the Data Protection Act, T-Mobile may not have the details or the information of the customer if they have previously terminated the contract and discarded the details of the customer. This could prove to be difficult for the customer to claim for remedy if there is no evidence to back up the breach of contract. I think that at the time of breach of contract whether if the customer check their phone bill and has been charged outrageous amount or charging the customer for service they did not agree to at the time of writing the contract, the customer may notify T-Mobile immediately about this incident. If the case has not been solved, this may be taken to a Small Claim court where the decision will be made swiftly and fair for both parties, if not to the injured party. With contract with retail customer, the dispute would have been resolved efficiently without the need of a court hearing to settle the dispute, this can show that with minor incidents the Legislation Act 1980 for the time limit may not be needed. However if the breach of contract were to be between T-Mobile and another business and the dispute has not been resolved within the time limit of 6 years, then the injured party will be able to bring up the case to the court to be resolved if it has been bought up within 6 year to be resolved. Conclusion In a presence of a breach of contract between T-Mobile and another party, based on the amount of damaged caused the case may be able to go to one of the three courts which are Small Claim Court, County Court or the High Court. With T-Mobile making different contract whether it is standard form contracts or tailored to be in an agreement between both parties, T-Mobile may go to any of these courts depending on the severity of the damaged occurred at the time of breach of contract. Along with these court different remedy may be given to the injured party for example, unliquidated damage, injection or specific performance carried out. If T-Mobile were to use standard form contract, the terms and condition would be generic for all of their customers that have agreed to the terms which could mean that it may be easier or simpler for T-Mobile not to breach the contracts as they were the company that have created it in order to fit their purpose as a business. Also T-Mobile will need to consider all of the legislation acts such as the Sales of Goods Act, Contract (right of Third Parties) Act or The Consumer Protection (Distance selling) Regulation which will be enforced on to T-Mobile to follow in order to continue trading within the UK. This could also include T-Mobile not to make sure that within the contract has a misrepresentation which could cause serious harm to the company if it were to be found out during the breach of contract. The judge may be able to place serious offence on to T-Mobile as it could lead to a criminal offence to the business which could result of the company or person within the management to take blame of this incident which may have caused many customers to agree to a term that may have cause certain damage to them. Many businesses will need to make sure that when creating a contract with many different parties, they are able to create terms and condition or promises to one another in order to carry out once there has been an agreement to it as once the contract has been agreed on, and it will be legally binding. Both express and implied terms would be included to create a set of promises and remedies stated if there occurred a breach of contract.
Tuesday, October 22, 2019
Respective culture Essay
‘The Gold Cadillac’ can be seen as quite similar to ‘A Stench Of Kerosene; where the mother appears powerful as Dee has the power to stand up to her husband. This is portrayed after Wilbert has just brought the new car and Dee says: ‘That Mercury wasn’t even a year old’. And when she refuses to ride in the car: ‘ †¦mother refused to ride anywhere’. From Dee’s character we get the impression that she has power not only as a mother but also as a woman. However in Pritam’s story only mothers have the power and only mothers and wives are respected in society because they are believed to be the women’s roles in society. This is shown in ‘A Stench Of Kerosene’ where Manak’s mother is referred to only as Manak’s mother giving us the impression that she is only considered as a mother in society and nothing more. By calling her this she is being robbed of her identity, individuality and in some ways of her freedom. On the other hand in ‘The Gold Cadillac’ it seems that even black women have power which is surprising as when this story is set there were many racist states in America. We get this impression from when the mother is constantly referred to as Dee giving her, her own personal identity and not limiting her to her role as a mother or as a wife like Manak’s second wife who we only know as Manak’s second wife. At the start of the story the father Wilbert is completely against the idea of selling his car. However, by the end of his story he has had a change of heart and decides to sell the car. This is a very surprising change in his attitude, considering his attachment to the car at the start of the story. His decision may be down to fear, which his daughter was put through whilst riding in the golden Cadillac and how much of a risk he realised they were all at after being arrested by the police: ‘driving this car any further south with you girls in the car, it’s just not worth the risk’. This could be seen as similar to ‘A Stench Of Kerosene’ in the sense that Manak’s mother is concerned about what is best for him just like Wilbert and Dee are concerned about what is best for their two daughters. In these short stories both authors show different approaches to the prejudice issues of different cultures. In ‘ The Golden Cadillac’ Taylor shows us this by telling the story through the eyes of an innocent and confused little girl. By doing this Taylor makes the effectiveness of racism all the more clear to the reader. In ‘A Stench Of Kerosene’ Pritam uses a completely different approach. She shows how women are not treated equally through Manak’s treatment of Guleri. She also shows how women are not treated fairly through Manak’s second bride, she is bought by Manak’s mother, Manak does not love her and it is as though she is a piece of property. Also Manak’s mother does not seem to care if she hurts Guleri or the second bride as long as her son benefits from it. Guleri feels betrayed as she was in love with Manak and he took a second bride, which is why she kills herself. In these short stories two very different cultures are displayed. In ‘A Stench Of Kerosene’ we see an Indian matriarchal society where mothers have the most power within their families. We also see that the women who are not married or mothers do not have much power. In ‘ The Gold Cadillac’ we see that the story is set in America where it appears at first that black people have equal rights. However, it is clear that in the south they do not. We also see that mothers have the freedom to challenge the decisions of their husbands and are respected just like all the men. The ways in which the two stories are set are similar. ‘ A Stench Of Kerosene’ is set in India; we get the impression that people get on well in this society. However, as the story progresses we realise the disadvantages faced by women. We are similarly misled in ‘ The Gold Cadillac’ in fact it is not immediately that the family in the story is black until we get further into the story. At first we think that black people are equals in society until the family travels into the south and receives much discrimination. In both of the stories ‘The Gold Cadillac’ and ‘A Stench Of Kerosene’, the authors Mildred Taylor and Amrita Pritam attempt to convey the harsh realities of their respective culture. In Pritam’s story women are not always treated as equals and in this case they are not respected unless they are married or are mothers. In Taylor’s story she is attempting to show us that in America black people have not always been treated as equals. In each case the authors appear to be pitiful of the ways in which women and black people are belittled in society. We as the readers are shown this through the strong imagery, brevity of structure and the narrative impact. Both authors give us meaning and the reader is left with a wider knowledge of how culture informs the way in which people are treated depending on race and gender.
Pedophilia and the Mind
Pedophilia and the Mind Studies have shown that pedophilia is a mental disorder that compels victims to become sexually aroused by children who are below the age of puberty (Cantor et al., 2004).Advertising We will write a custom essay sample on Pedophilia and the Mind specifically for you for only $16.05 $11/page Learn More Apparently, the disorder drives victims to become sexually abusive to children below 13 years. Studies have shown that this sexual deviation is as a result of abnormalities in the brain’s morphology (Schiffer Volaufen, 2011). Certainly, neurological structures of the brain especially the frontal lobe and temporal lobe have been known to cause the disorder. On the other hand, non-pedophiles are individuals who are perceived to be normal and have no mind disorder (Cantor et al., 2008). For this reason, differences in morphological make up between pedophiles and non-pedophiles influence their brain functions (Carlson, 2010). It is against this background t hat this paper summarizes the evidence to support the suggestion that there are differences in brain function between pedophiles and non-pedophiles. Moreover, the paper will also propose a study to advance the knowledge on pedophiles and the mind. Evidences From a careful review of literature, 95% of pedophiles are likely to commit sexual abuse that amounts to 70% of assaults to pre-pubescent children (Cantor et al., 2004). Of great importance to note is that 90% of pedophiles are men whose sexual abusive behavior occurs due to testosterone-related disorders. Studies have shown that the disorder cannot be cured due to the fact that it is inborn (Schiffer Volaufen, 2011). Nevertheless, there are measures that can be taken to control the sexual urge among pedophiles.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More Medical experts have done investigation on the brain structures of people who are pedophiles and have compared them with the non-pedophiles. From the study, evidence has shown that pedophiles have less widespread tissues in the brain region (Cantor et al., 2008). Notably, their superior frontal-occipital and right-actuate fasciculus have less tissues, a factor that triggers the development of the disorder (Schiffer Volaufen, 2011). Previous studies have shown that such tissues are responsible in controlling body functions such as sexual urge, self-control and sexual responses. For this reason, it attributes to sexual deviations among pedophiles as opposed to non-pedophiles (Carlson, 2010). In addition, numerous biological clues indicate that pedophiles often have low intelligence quotient. Hence, they perform poorly at school as opposed to non-pedophiles. This literature can be supported by the argument that most of the victims are lefties. In other words, their left part of the brain is more functional than the right one. This has been attributed by the as sumption that pedophiles might have suffered head injuries in their childhood age (Cantor et al., 2004). Moreover, Schiffer and Volaufen (2011) suggest that this can be caused by problems that inhibit early childhood development. In line with this, brain function influences social development.Advertising We will write a custom essay sample on Pedophilia and the Mind specifically for you for only $16.05 $11/page Learn More In this case, disorders in the brain can result into deviation of the social aspect of an individual’s life. For this case, one can analyze that most of the pedophiles have poor social links with other adults (Carlson, 2010). Moreover, brain function influences one’s social behavior where pedophiles are unable to maintain their normal relationship with other adults. In this case, they turn to children who are more vulnerable and are easily coerced as opposed to non-pedophiles who manage to construct consented relationships wi th their colleagues. Besides, medical experts have revealed that there is a difference in the biological make up and mental functioning between pedophiles and non-pedophiles. Conclusive research evidence indicates that pedophiles have less white matter in the brain as opposed to non-pedophiles (Cantor, 2004). Notably, the white assists the wiring system in the brain. Therefore, the deficiency affects the IQ as well as the rationality in thinking. For this reason, Cantor et al (2004) assert that sexual offences committed by such individuals are not accompanied with stern measures like the case of non-pedophiles. In line with this, evidence has shown that even if the pedophiles are imprisoned for sexual offenses, there is likelihood that they will repeat the offence again. Cantor et al (2004) highlight that there is a prevalence of 25% for pedophiles and that such victims will commit the act more easily as opposed to other criminals. In another line of study, researchers have posited that there are prenatal conditions that interfere with neurodevelopment and hence cause brain dysfunctions.Advertising Looking for essay on psychology? Let's see if we can help you! Get your first paper with 15% OFF Learn More For instance, disruption of prenatal development in the brain due to stress may lead to pedophilic habit (Schiffer Volaufen, 2011). That notwithstanding, studies has shown that pedophiles have certain personality traits that differ from non-pedophiles (Cantor et al., 2004). The traits are psychological and hence are controlled by their brain function. Traits associated with pedophiles include low self esteem, poor interpersonal functioning and poor social skills. For this reason, it is definite that the brain functions between pedophiles and non-pedophiles are different. Nevertheless, with the above in mind, it is imperative to mention that there is a need to research further on the connection that exists between brain functions and sexual responses. In this case, advanced study will help to expose strong evidences that show how the disorder occurs. Notably, this will help researchers to explain how medical practitioners can govern the influence of brain on sexual interests (Carlso n, 2010). Needless to say, there is much that needs to be researched upon in order to gain adequate knowledge on pedophilia. Proposed study There is need for a study related to the topic to be discussed is why victims with the psychosexual disorder are highly oriented to children than adults. It is imperative to note that there are numerous controversial issues that are related to pedophilia. For instance, studies have shown that the disorder is highly prevalent among males than females. For this reason, this topic will provide the research basics on this fact in order to derive evidences that can be substantiated. From a careful review of literature, very few researchers have gone to the extent of studying how one can identify individuals with the disorder (Cantor et al., 2004). For this reason, there is need to expand the body of knowledge on how to distinguish pedophilia from other sexual disorders that are related with brain functions. Pointless to say, there has been allegation that pedophiles have low intelligence quotient and that they tend to be shorter as compared to non-pedophiles. However, studies have shown that not all pedophiles show poor performance in class (Cantor et al., 2004). In this case, there is need to verify such a claim in order to eliminate bias. In addition, biological factors have been regarded to cause the disorder. Nonetheless, there is need to research and verify whether there are other factors that can alter the brain’s function. Furthermore, it is evident that the sexual deviance causes insults to children and hence there is need to study and come up with legal measures that should be taken in order to control such acts. This is due to the fact that a significant number of experts argue that victims of pedophilia should not be accused or even prosecuted in courts of law for the offence (Schiffer Volaufen, 2011). Study design In line with this, the study on pedophilia should have a detailed and concise study design in o rder to capture numerous issues that have been debated upon. This will help to establish declarative facts about the disorder (Cantor et al., 2004). In this case, the study should entail identifying the possible causes of the disorder and the prevalence rate among the victims. Notably, pedophiles should have their medical history analyzed in order to consider all the possible factors for the disease. In this case, the study will emphasize more on the connection between sexual dysfunctions with brain disorders. Moreover, the examination or study should be conducted by experienced medical experts in order to avoid errors. In addition, there is need to identify the possible signs and symptoms of the disorder (Cantor et al., 2008). For this case, a sample taken through random or simplified technique will be used in order to produce positive results. Besides, the study should also entail curative and preventive measures for the disease (Carlson, 2010). Notably, past research has revealed that pedophilia can not be cured. Nevertheless, there are therapeutic measures that can be used such as sexual orientation. In this case, the study will evaluate the effectiveness of such therapies. Research methods to be used Needless to say, there are numerous research methods that can be applied in the study. Suggested methods include use of qualitative and quantitative research in order to obtain theoretical and numerical facts. Moreover, the study should be experimental and historical at the same time in order to have clear conclusion of the relationship between pedophilia and brain function. References Cantor, J. et al (2004). Intelligence, memory, and handedness in pedophilia. Neuropsychology, 18(1):3–14. Cantor, J. et al. (2008). Cerebral white matter deficiencies in pedophilic men. Journal of Psychiatric Research, 42(1): 167–183. Carlson, N. (2010). Carlson Foundations of Behavioral Neuroscience. New York: Pearson Education, Inc. Schiffer, B. Volaufen, C. (2 011). Executive dysfunctions in pedophilic and non- pedophilic Child Molesters. Journal of Sexual Medicine. 8(7): 17-43.
Sunday, October 20, 2019
buy custom The Strategic Alliance essay
buy custom The Strategic Alliance essay These section seeks to clarify on how a strategic alliance should be undertaken in this case the answers will be based on the case study of the companies plan toys and Brio whereby plan toys wishes to form an alliance with the Brioo company in order to utilize the market demand of Brio. This will take place in the form of answerig four questions: Basically plan toys wishes to get engaged in this alliance for one big reason of utilizing the market presence of the Brio company. It is reported that brio is a large company with links which are far and wide. The criteria therefore for forming an alliance with such a company is clearly to get assistance in market establishment. Plan toys are planning and are in actually trying to get global through the assistance of Brio company. Plan toys should therefore view the alliance as a method of giong global as such should ensure that all the benefit that accrues from a company going global. The two companies stand a chance of gaining much experience from the alliance which will be formed. The alliance will form an organization which has a competitive advantage over the other companies which will be dealing in the same line of production. Competition among the two companies will be relatively reduced especially for the case of plan toys which is less established as it will be exposed to new markets by the established company. Other benefits which plan toys stands to gain from alliance include the conomies of scale which result from economies of scale since resources will be pooled together by the two companies. Again plan toys are standing a chance of gaining more from this joint since Brio probably has more experience being a big company with a large market presence. Such an alliance will also make it possible for the plan toys company to access the complementary assets of Brio Company, knowledge and skills. Plan toys should take precaution to ensure that some critical issues concerning the alliance are taken care of. The first important issue to be taken care of is the No Partnership provision. It should be understood that a strategic alliance is quite different from a partnership; this is especially in the purpose of the alliance. Plan toys should ensure that the agreement reflects this in the agreement between the two companies. Another key issue that plan toys ought to look out for is the agreement for the two companies to ensure that all the confidential information is kept confident by the two companies and that there will not be any leaking of information to third party companies. This can be done by the two companies promising each other that there will be no leaking of confidential information to outsiders. There are other factors on which agreements have to be made, for instance, the contribution to be made by the two companies in relation to the capital, intellectual contributions, market access and generally the transfer of resources (Kuglin Hook, 2002). The third important key issue that should not be overlooked in the alliance should be the setting of a mechanism on how internal dispute should be solved. In most cases the mechanism of solving internal disputes involves the setting up of some dispute committee which is made up of members from the two companies: in this case it will be plan toys and Brio. Plan toys should also negotiate well for the sharing of the risks and rewards which are involved in the alliance. Though Plan toys is young as compared to Brio there should be a fair sharing of the rewards as well as the risks involved (Kuglin and Hook 2002). A personal opinion on the issue of the above alliance will be for the plan toys to do their best to ensure that the alliance agreement does not undermine the position of Plan toys being the lesser company. This is likely to happen since Brio Company, being an established company, is more likely dominate in the negotiation of the alliance terms. It is important that before Plan toys commits to this venture, it must review its business strategy. This will help it define what to expect. It can also study what similar businesses are doing, particularly those that operate in similar markets, this can help it decide on the best approach. It should be realistic about its strengths and weaknesses-consider performing strengths, weaknesses, opportunities and threats analysis to identify whether the two businesses are compatible (Wassmer, Dussauge Planellas 2010). Buy custom The Strategic Alliance essay
Saturday, October 19, 2019
Compare and Contrast Two Books Essay Example | Topics and Well Written Essays - 1000 words
Compare and Contrast Two Books - Essay Example The workers were immigrants at the beginning of the twentieth century and are still immigrants today. Only their nationality has changed. A hundred years ago they were Eastern European and Caucasian. They emigrated from the then economically troubled nations of Hungary, Lithuania, Poland, Czechoslovakia, Romania, and Germany on board passenger ships traversing the Atlantic, travelling third-class or steerage. They entered the United States legally through the main immigration gateway at Ellis Island outside the New York harbor. Some of their number included children and younger women. (Sinclair, p. xxi) Today, they are of Latin origins, predominately Mexican, travelling, more often than not, illegally across the southern border of the United States on foot or by car, truck, or bus. And far more of their numbers are women than one hundred years ago. (Schlosser, www.mcspotlight.org/media/press/rollingstone2.html) The manner in which the workers live has also changed only on the surface, but the deeper characteristics of their lives remain a constant. The location of slaughterhouses in the nineteenth century began in the midst of large urban areas such as Chicago. (Sinclair, p. xxxiii) In the latter part of the twentieth century it was discovered that moving them closer to the feedlots was more economically efficient, and thus they are now located close to stockyards and feedlots in rural, agricultural areas of the United States. (Schlosser, web book) However, moving the workplace did not change the location or living conditions of the workers. One hundred years ago they lived â€Å"Back of the Yards†, in substandard housing within walking distance of the plants. The rancid odor of the plant and the thick acrid smoke of the factory smokestacks were their daily air supply. Organic waste was daily pumped into the Chicago River which also
Friday, October 18, 2019
Marketing Mix being used for the 2012 Olympic Games in London Coursework
Marketing Mix being used for the 2012 Olympic Games in London - Coursework Example Table of Contents 1.0 Introduction ................................................................................................. 4 2.0 Discussion ................................................................................................... 4 2.1 Marketing Mix ........................................................................................... 4 2.1.1 Product ................................................................................................... 4 2.1.2 Price ....................................................................................................... 5 2.1.3 Place ......................................................................................................... 5 2.1.4 Promotion ................................................................................................. ... fact that London’s successful and ambitious bid for the 2012 Olympics was to a great extent dependant on the commitment of hosting inspiring as well as spectacular Olympics for both London and the world. The pivotal objective of the organizers of these games is to connect the young people and varied social segments in the UK with the inspirational potential of sports (The London Organizing Committee of the Olympic Games and Paralympics Games Ltd 2010). The other paramount objective of the organizing committee is to retain the commercial and emotive appeal of the Olympic 2012 brand, which is so central to the objective of funding these games (London 2012: Online). 2.0 Discussion It goes without saying that the organizers of London 2012 are affiliating to a successful and effective set of marketing tools to give way to just the right marketing mix required to achieve the marketing objectives envisaged by them in the context of the target market (Kotler 2003, p. 15). 2.1 Marketin g Mix 2.1.1 Product The organizers of London 2012 are to a great extent relying on the established brand appeal of Olympic Games to cash on its popularity amongst the youth sans race, gender and social affiliations. A plethora of related brand building activities like parading the 2012 mascots Wenlock and Mandeville across UK, hosting the London 2012 Festival featuring artists from around the world, actively involving the young people and children across communities in the actual management and casting of games and organizing the London Prepares Series hosting world class athletes at the brand new and already existing Olympic venues are already under way to stimulate the excitement about London 2012 amongst the target segments that are young people from diverse racial and social segments in the
Society, Science and Technology course (STS101) Research Paper
Society, Science and Technology course (STS101) - Research Paper Example The internet has changed the way of life of Saudi nationals with the launching of social networking sites like face book, twitter, and blogs Today media is all around, but the profound impact which the computer and internet have on Saudi population is astounding. Information technology can be seen as corner stone of current world and it has revolutionized the communicating method of Saudi nationals. Technology has reached new heights and Saudi population’s indulgence with it has given ways to explore themselves and others. In her book (Turkle 1) writes that â€Å"Technology is seductive when what it offers meets our human vulnerabilities. As it turns out we are very vulnerable indeed†. The internet has made Saudi communities to be more interactive socially culturally and economically. Today internet makes it presence in homes, workplace, and schools which enhances its usability and potentiality as a social media platform. The social networking medium of internet like face book, twitter, and blogs has not only influenced adults but also enormously changed the way of life of youngsters. Face book, being the most popular networking site has given the population of Saudi a golden opportunity to interact with the outside world without encountering any taboos. As per (Social bakers) â€Å" Our social networking statistics show that Facebook penetration in Saudi Arabia is 22.95% compared to the countrys population and 52.48% in relation to number of Internet users. The total number of FB users in Saudi Arabia is reaching 5906220 and grew by more than 399720 in the last 6 months†. The people of Saudi have achieved a global platform to discuss their ideas and thoughts regionally and internationally. Twitter is one social networking site which has managed to hugely awaken the spirits of Saudi Arabians. In the same manner, blogs and other opportunity to present article have made the Saudi nationals more
Crossing Brooklyn Ferry Research Paper Example | Topics and Well Written Essays - 1250 words
Crossing Brooklyn Ferry - Research Paper Example He makes big assertions from the beginning, the he sees in all things a â€Å"simple, compact, well-joined scheme†(Section 2) and so on time and place â€Å"avail not†(section 3) an inspirational claim of harmony, solidarity and unity in the world and all through time. The central purpose of the poem is to communicate this argument and sense of balance and unity, not just to explain it but, to express it in the most direct route (Coffman). They say that a person can go beyond individual identity, change and time through shared human nature and experience, through the physical world itself and through works of art, Whitman’s Crossing Brooklyn Bridge being an example of works of art that talks about how humans can live in harmony and unity in the world and throughout life. The idea of art being a means of rising above time is on that Whitman’s poem, ‘Crossing the Brooklyn Ferry’ shares with other poems like Ode on a Grecian Urn by Keats. This argument is made to obtain an exciting and kinesthetic excellence that other similar poets have not been able to do in comparison to Whitman (Cavitch). Critics who have commented about how the poem is able to make a sense of movement and motion and how the linguistics and imagery used in the poem seem to be moving and flowing. The kind of experience about life that Whitman talks about and captured therefore seems to be more like a motion picture than a statue. The author also includes distinctive lines and quotes which talk about life’s struggles and weaknesses as a theme in the poem. In the line â€Å"The dark threw its patches down upon me also†(section 6), the poem expresses another way in which Whitman finds unity and harmony across time. At first it can be seen that the dark patches refer to â€Å"curious abrupt questionings†(section 5) that rouse within the author. After the dark patches,
Thursday, October 17, 2019
Political Environment Case Study Analysis Research Paper
Political Environment Case Study Analysis - Research Paper Example It encourages a series of revenge by the wrong doer to the society and thus crime is not stopped (Honderich, 1969). I would, therefore, try to show the sense in my program and its benefit in the long run when the inmates are incorporated in the society as rehabilitated. This way, the governor may understand it and convince, through his political power, his followers who might be tempted to be against the current program. This will be easier for him since the project has already won the hearts of the citizens. The programs for providing educational, vocational and treatment opportunities have not only gained national attention, but have led to the reduction of recidivism by 30 percent. My department will attempt to convince the governor that, this way, he will gain his political mileage even if it means associating the program with him. 2. Is there any room to negotiate with the governor? As a trade-off, would you offer to put in place some programs that are known to be tough on inmat es? If so, what kind? There is room to negotiate with the governor since the programs cannot be implemented without his support. The difference, between the governor’s ideology and the ideology behind the programs being implemented, is that the governor wants retributive justice while the program is working on restorative justice. In restorative justice, the main concern is making the victim whole and reintegrating the offender into the society through education, vocational training and humane treatment (Duff & Garland, 1994). This way, the offender is treated like other citizens and is given a chance to rehabilitate and understand the effect his offense has done to the victim. This approach does not satisfy legal principles, but the victim takes an active role in the process while offenders repair the harm they have done by being rehabilitated (Konow, 2003). Effort will be made to convince the society on the effectiveness of the preferred theory of justice. Therefore, enough mechanism will be put in place to ensure correct protocols are used to approach the politician. This way, there will be no need of a trade off by reintroducing tough programs for the inmate. This is because; these tough programs will not work well with restorative justice approach, which is meant to treat inmates as leniently as possible when it comes to punishment. Since the program has some ends to achieve, they will desire, just like the offenders to do so â€Å"through cooperation with others on mutually acceptable terms†(Rawls, 1999, p. 266). 3. Before dismantling your policies and programs, would you attempt to see how much internal and external support you have for them? If yes, whom would you contact and how? Incase the worse get to be worst, and the program requires to be dismantled, we will give a chance to public opinion. Since the program in place has already won some support from the public, it will be significant to assess the internal and external support. Th is will be done with the hope that the governor will be convinced, and if he is a democrat, he will go by public opinion. For this case, I will contact institutions like media and others which conduct opinion polls to assess the public opinion on the programs.
The Domino Effect Essay Example | Topics and Well Written Essays - 750 words
The Domino Effect - Essay Example Through increased exports, current account deficit tend to correct itself and bridge the gap. However, what has been observed that in real world is something different. It has been observed that currencies of the countries with large deficits have witnessed great appreciation in the value over the period of time. The apparent reason for this appreciation in currency is the fact that the emergence of new emerging market economies like India, China, Brazil, South Africa etc has witnessed a marked decrease in the overall risk profile of developing countries. This coupled with increased interest rates saw the strong inflow of speculative capital into those countries which increased the overall attraction for the currencies of the countries having large current account deficits. The increase in the interest rates has been attributed mainly as the most important factor which attracts foreign investors and hence increases the overall attractiveness of the currency and helps stimulate its ap preciation in foreign exchange market despite country running a large current account deficit. The author further cited the examples of some countries like New Zealand, Australia, Britain and Iceland, which despite their large and persistent current deficits tend to have higher gains in their currencies. Theoretically, it has been argued that there is a relationship between the two variables however, empirical studies have proved it otherwise as there is very weak or no relationship between the two variables. These trends in current account financing however seems to be reversing because of the current financial turmoil in the markets. The article further went on to discuss that the same relationship however do not to persist over the sustained period of time and foreign capital inflows tend to dry up thus forcing current account deficits to much higher spreads. Further, the trends seem to hold when foreign investors investing into the countries with high current account deficits tend to be more risk averse. A slight change in the overall risk appetite of the foreign investor s may reverse the relationship and with increased current account deficit, inflationary pressures may further damage the trust of international investors hence virtually reverse the process of current account deficit financing through high interest rates. The above graph shows the relationship between the Current Account Deficit (CAD) and the growth in currency in Australian Markets. This graph very clearly indicates that the relationship between current account deficit and the currency appreciation and shows that as the CAD accumulated so does the exchange rate. Another important characteristic which is depicted in the above graph is the rise of bank credit with the rise in CAD and exchange rates. The higher inflows of foreign investment finally seem to be ending up in the form of local bank deposits. It is also important to mention that the article discussed the effect of foreign investments from two perspectives. First is foreign direct investment which is believe to have a less volatile nature and fluctuate less with current account deficit therefore has lesser correlation with the exchange rates. However, the speculative portion of foreign investment, the so called speculative capital, tends to show a relationship with the exchange rates and current account deficit. The below mentioned graph depicts some of the forecasted relationship betw
Wednesday, October 16, 2019
Crossing Brooklyn Ferry Research Paper Example | Topics and Well Written Essays - 1250 words
Crossing Brooklyn Ferry - Research Paper Example He makes big assertions from the beginning, the he sees in all things a â€Å"simple, compact, well-joined scheme†(Section 2) and so on time and place â€Å"avail not†(section 3) an inspirational claim of harmony, solidarity and unity in the world and all through time. The central purpose of the poem is to communicate this argument and sense of balance and unity, not just to explain it but, to express it in the most direct route (Coffman). They say that a person can go beyond individual identity, change and time through shared human nature and experience, through the physical world itself and through works of art, Whitman’s Crossing Brooklyn Bridge being an example of works of art that talks about how humans can live in harmony and unity in the world and throughout life. The idea of art being a means of rising above time is on that Whitman’s poem, ‘Crossing the Brooklyn Ferry’ shares with other poems like Ode on a Grecian Urn by Keats. This argument is made to obtain an exciting and kinesthetic excellence that other similar poets have not been able to do in comparison to Whitman (Cavitch). Critics who have commented about how the poem is able to make a sense of movement and motion and how the linguistics and imagery used in the poem seem to be moving and flowing. The kind of experience about life that Whitman talks about and captured therefore seems to be more like a motion picture than a statue. The author also includes distinctive lines and quotes which talk about life’s struggles and weaknesses as a theme in the poem. In the line â€Å"The dark threw its patches down upon me also†(section 6), the poem expresses another way in which Whitman finds unity and harmony across time. At first it can be seen that the dark patches refer to â€Å"curious abrupt questionings†(section 5) that rouse within the author. After the dark patches,
Tuesday, October 15, 2019
The Domino Effect Essay Example | Topics and Well Written Essays - 750 words
The Domino Effect - Essay Example Through increased exports, current account deficit tend to correct itself and bridge the gap. However, what has been observed that in real world is something different. It has been observed that currencies of the countries with large deficits have witnessed great appreciation in the value over the period of time. The apparent reason for this appreciation in currency is the fact that the emergence of new emerging market economies like India, China, Brazil, South Africa etc has witnessed a marked decrease in the overall risk profile of developing countries. This coupled with increased interest rates saw the strong inflow of speculative capital into those countries which increased the overall attraction for the currencies of the countries having large current account deficits. The increase in the interest rates has been attributed mainly as the most important factor which attracts foreign investors and hence increases the overall attractiveness of the currency and helps stimulate its ap preciation in foreign exchange market despite country running a large current account deficit. The author further cited the examples of some countries like New Zealand, Australia, Britain and Iceland, which despite their large and persistent current deficits tend to have higher gains in their currencies. Theoretically, it has been argued that there is a relationship between the two variables however, empirical studies have proved it otherwise as there is very weak or no relationship between the two variables. These trends in current account financing however seems to be reversing because of the current financial turmoil in the markets. The article further went on to discuss that the same relationship however do not to persist over the sustained period of time and foreign capital inflows tend to dry up thus forcing current account deficits to much higher spreads. Further, the trends seem to hold when foreign investors investing into the countries with high current account deficits tend to be more risk averse. A slight change in the overall risk appetite of the foreign investor s may reverse the relationship and with increased current account deficit, inflationary pressures may further damage the trust of international investors hence virtually reverse the process of current account deficit financing through high interest rates. The above graph shows the relationship between the Current Account Deficit (CAD) and the growth in currency in Australian Markets. This graph very clearly indicates that the relationship between current account deficit and the currency appreciation and shows that as the CAD accumulated so does the exchange rate. Another important characteristic which is depicted in the above graph is the rise of bank credit with the rise in CAD and exchange rates. The higher inflows of foreign investment finally seem to be ending up in the form of local bank deposits. It is also important to mention that the article discussed the effect of foreign investments from two perspectives. First is foreign direct investment which is believe to have a less volatile nature and fluctuate less with current account deficit therefore has lesser correlation with the exchange rates. However, the speculative portion of foreign investment, the so called speculative capital, tends to show a relationship with the exchange rates and current account deficit. The below mentioned graph depicts some of the forecasted relationship betw
Weekly Commentary on the Trading in Kuwaiti Stock Exchange Essay Example for Free
Weekly Commentary on the Trading in Kuwaiti Stock Exchange Essay Commentary on Trading for the Week ending – 27.09.2007 In general the Kuwaiti market showed a marginal declining trend at the end of the week, though the first trading day of the week started with new high levels of the share price index. Although no major events affected the share price movements, the Real Estate sector was the largest loser with a reduction in the index up to 3.63 percent. The reduction was caused by the drop in the share price of Jeezan Holding Company losing 28. 09 percent – a major drop. There was a drop in the price of two other real estate companies – International Investment Projects losing 22.06 percent and International Resorts Company shares dropping by 12.00 percent. Industrial sector with 3.82 percent, Insurance sector with 1.24 percent, and Services sector with 0.33 percent were the three sectors which showed an increase. The share price of Gulf Petroleum Investment rose by 10.11 percent and closed at KD 0.490. Commentary on Trading for the Week ending 04.10.2007 The Stock market witnessed an active trading during the trading sessions of the whole week, with the market index reaching a new high level of 399.28 points on 03.10. 2007. Share prices in all the sectors showed an increasing trend. While the insurance sector recorded the highest increase of 2.73 percent in the index, Banking sector followed with 1.46 percent increase. The real estate index went up by 0.91 percent during the week. This week recorded the highest increase in the total index with the largest gain for October with 1.87 percent increase. Shares of International Investment Project, was the highest traded during this week with 163.21 million shares changing hands which is equivalent to 9.28 percent of the total traded volume. The price of the share went up by 5.66 percent and closed ad KD 0.280 On the macroeconomic side, the Kuwaiti Dinar was allowed to depreciate against US Dollar with the biggest one day fall of the year. Another important event is the signing of a protocol stipulating the amendments to the accord for evading double taxation and tax payment evasion between Kuwait and South Korea. Commentary on Trading for the Week ending 11.10.2007 The market mood was upswing and reached new levels during this week, though there was a drop in the volume of sales as the investors were waiting for the companies to announce their third quarter results. The volume of shares traded showed a decline of 12.87 percent. The sector-wise performance showed a mixed trend. Industrial sector recorded an increase of 2.39 percent, followed by Non-Kuwaiti index increasing by 2.03 percent. Banking sector added 1.95 percent and the Insurance sector performed very poorly with a decline in the index of 1.35 percent. Services sector also lost 0.82 percent. The news on the macroeconomic side was that the inflation rates as of July was announced which stood at 5 percent – an all time high in 12 years period with increase in the housing and transport costs. Commentary on Trading for the Week ending 18.10.2007 The Kuwaiti stock market after two weeks of upswing showed a marginal decline this week. The Eid holidays affected trading sessions for three days and this has affected the volume traded. Another reason for the decline in the volume of trading by 22.38 percent is that the companies are still to announce the results of third quarter and the investors were cautious. In the performance of the sectors, Industrial sector lost 1.14 percent with the investment sector standing as second loser with a loss of 0.38 percent. The other sectors showed positive performance with Insurance sector adding 1.07 percent and Food sector index rose by 0.82 percent. SHUAA Capital was the top gainer for the week with an increase in the share price of 17.95 percent and the scrip closed at KD 0.460. On the other hand Gulf Horizon Holding Company was the biggest loser with a 13.40 percent loss in the share value. Commentary on Trading for the Week ending 25.10.2007    The stock market recorded a lower note during the week, despite of the fact that the volume of the shares traded went up by 71.43 percent and the value increased by 93.52 percent. With 570.15 million shares changing hands services sector accounted for 27.96 percent of the total volume traded. However on the value of shares traded, investment sector accounted for 25.03 percent with service sector closely following at 24.42 percent. On the sector-wise performance there was decline in the index of five sectors and Industrial sector showed the highest gain with 2.37 percent. The scrip of National Industries Group in the industries sector rose by 5.49 percent at KD 1.920. The insurance sector showed a huge decline with the index losing 1.60 percent. The share price of Gulf Insurance Company went down by 3.57 percent and the price of Kuwait Recommendation-insurance company shares was reduced by 3.64 percent. The price of Gulf Petroleum Investment, one of the companies taken by the project for logging the share price movements increased by 17.78 and closed at KD 0.530. On the macroeconomic side, â€Å"Standard Poors Ratings Services raised its Banking Industry Country Risk Assessment (BICRA) on the State of Kuwait (AA-/Stable/A-1+) to Group 4 from Group 5. This action primarily reflects the improvement in economic risk, factoring in the improved governments financial strength over the past few years, amid a very supportive economic environment, and its beneficial impact on the creditworthiness of Kuwaiti banks. The improvement in banking industry country risk is a positive element that underpins all credit ratings on banks in Kuwait†(Global Weekly Market Report – Kuwait).  Commentary on Trading for the Week ending 01.11.2007  The market continued to react in a bearish trend with a significant retreat showing the symptoms of correction since February 2007. The trading in the market showed a declining trend with the investors reacting cautiously sensing a correction in the market. This had resulted in a reduction in the volume of shares traded by 7.84 percent and the value by 6.51 percent. The investment sector accounted for 34.33 percent of the volume. The analysis of sector wise performance showed the insurance sector as the only sector with a gain of 0.19 percent, while all the other sectors’ performance showed a negative trend. The services sector is the largest loser with 5.46 percent drop in the index as compared to last week. Industrial index showed a drop of 2.08 percent. Commentary on Trading for the Week ending 08.11.2007 The downward trend in the stock trading continued during this week also with the index reaching the lowest level since July 23 2007. The volume of shares traded went down by 33.99 percent and the value also dropped by 33.99 percent due to the cautious approach of the investors. All the sectors showed negative trend in the index while Non-Kuwaiti index managed to increase marginally by 0.26 percent. Service sector is the biggest loser with a decline of 4.81 percent. While the Industrial index shed 3.94 percent, the index of real estate sector went down by 3.31 percent. The Central Bank of Kuwait announced that the money supply in Kuwait grew by 19 percent in September 2007 which is one of the factors for causing inflation in the country. Performance of Companies in Different Sectors of Kuwait – Case Study Introduction As a part of the finance project, this paper presents an analytical report on the performance of the following companies functioning in different sectors of Kuwaiti economy: Kuwait Finance House One of the largest Islamic Banks in the World, headquartered in Kuwait Activity: Banking services according to Islamic economic principles, including retail banking, consumer financing, leasing and mortgages, project finance, and corporate finance; real estate, contracting and trading Sector: Banking – Financial Services – Commercial Banking Year of Establishment 1977 Publicly Listed Joint Stock Company Total Revenue KD 578,987,000 (As on 31st December 2006) Net Profit        KD 162,004,000 (As on 31st December 2006) Number of Employees: 1809 Boubyan Petrochem Activity: Investment in industrial and petrochemical projects Sector: Industrial Year of Establishment 1995 Publicly Listed Joint Stock Company Total Revenue: KD 9,714,000 (As on 31st December 2006) Net Profit         KD 8,280,000 (As on 31st December 2006) Number of Employees: 180 Gulf Petroleum Investment Activity: Offshore and onshore oil field services including drilling, supply of parts, equipment, engineering, and consulting for upstream and downstream related projects Sector: Services Year of Establishment: 1998 Publicly Listed Joint Stock Company Total Revenue KD 8,287,000 (As on 31st December 2006) Net Profit        KD 7.016,000 (As on 31st December 2006) Number of Employees: 259 Performance of Shares of the Companies The financial performance with respect to the shares of the company can be summarized based on the following table: Particulars Kuwait Finance House Boubyan Petrochem Gulf Petroleum Earnings Per Share                 Fils 135.96 137.28  30.72 Price Earnings                   Times  21.48    8.01  16.27 Book Value                           Fils 612.12 499.93 165.23 Price to Book Value          Times    4.77    2.20    3.03 Net Profit June 2007            KD 116,610,000 15,856,000 2,249,000 Dividend Yield                      % 1.95  4.55 1.60 Calculation of Portfolio Beta The market volatility of the share values is denoted by Beta. Beta is the best measure of a security in a large portfolio. Normally shares with a beta value of around 1are considered to be shares with average volatility. Price of shares with higher beta values will fluctuate more and hence the investors have to consider the beta value of the particular shares before they invest. The beta values of the companies under study are tabulated below: Company Beta Value Market Beta Relationship Kuwait Finance House 1.00 1 Equal to Market – No abnormal risk is associated with this stock Boubyan Petrochem 0.70 1 Almost near the market beta – Less Volatile than market – No huge risks involved in investing in this stock Gulf Petroleum 0.659 1 The beta value is less than one the stock is not highly volatile – No abnormal risk is associated with this stock Company-wise Analysis of Financial Performance The following section of the paper provides a report on the financial performance of the individual companies: Kuwait Finance House Executive Summary The Company established with strong Islamic values offers unique and competitive financial products and services to the depositors and shareholders. As at the end of the year 2006 with a market share of one third of consumer finance market in Kuwait the company has reported an increase 17 percent in the depositors’ account and an equal amount of growth in shareholders’ funds. The company’s capital has grown by 12 percent during the year with an increase in the reserves of 32.3 percent. The Company has embarked upon new products using innovative technological developments. The financial performance of the company is presented below:   Profitability For the year 2006, the company has realized a total income of KD 579 million which accounts for an increase of 48.4 percent over 2005 and a net profit before distribution of KD 344 million which is an increase of 40 percent over the figures for the previous year. The factors that contributed to a better financial performance by the company are: A buoyant Kuwaiti economy with an optimistic business environment that had a positive impact on the consumer and corporate sectors has helped the bank to a large extent in furthering its economic achievements. The positive development of oil prices in the global economy has also contributed for the profitability of the company. Innovative products from the company like operating lease of motor cars and other commercial vehicles have proved helpful to the company for the improvement in the financial performance. Improvement in the corporate and consumer customer base is a major factor for the outstanding financial performance of the company. Dividends and Dividend Policy The company being an Islamic banking institution follows a policy of paying dividends to the investor depositors. The company has improved the dividend payment from the last year rates. The table below shows the movement in the dividend payouts by the company. Type of Account 2006 2005 2004 Unconditional Deposit Account 8.458% 6.807% 4.800% Al-Sedra Investment Deposit 6.578% 5.294% 3.733% Investment Savings Account 5.639% 4.538% 3.200% A comparison of the dividend payouts show that the company has been progressive in paying dividends to the investor-depositors. Stock Performance The price of the shares of the company in the last trading stood at KD 2.18 with a year to date reduction of 11.048 percent. The 52 week high of the share price was KD 2.62 and the 52 week low was at KD 1.71.The company’s market cap is KD. 2,671,031,702 and is ranked 3rd in Kuwait based on the value of market cap. Source: http://www.ameinfo.com/financial_markets/Kuwait/Company_KW0042/  Analysis of Working Capital As of the end of the year 2006 the company had total assets of KD 6,313 million and a total liability of KD 5,099 million. Out of the total assets current assets amount to KD 4,059 million and current liabilities KD 1,080 million. The amount due on depositors is KD 3,729 million. The company has leased assets, investments and trading assets to the extent of KD 2,254 million. On the analysis of the assets and liabilities it can be observed that the bank has employed the depositors’ funds in short term international investments and other lending portfolios. Boubyan Petrochem Executive Summary The company was just a holding company from the incorporation in the year 1995 till the year 2000 for its investments in Equate Petrochemical Co. Now the company is manufacturing all kinds of petrochemical products and any derivatives of petrochemicals. The company is engaged in the sale, supply, distribution, and export of all of its production. The company also participates in all other related activities including construction and leasing of the required facilities and services. Profitability The profitability and turnover of the company is provided in the following table: Particulars 2004 (KD ‘000) 2005 (KD ‘000) 2006 (KD ‘000) Net Sales 1,118 1,573 9,714 Earnings Before Interest Depreciation and Tax 15,983 29,052 1,710 Earnings Before and Tax 12,447 36,081 8,280 Net Profit 12,447 38,967 8,280 Net Profit Margin 1113.33% 2477.24% 85.24% Source: http://www.shibuimarkets.com/perl/company.pl?cid=376234 The company has been progressing well during the year 2005. However the performance of the company is showing a distorted picture due to some regrouping of the revenues. Stock Performance The share price of the company at last traded position was KD 0.750 with a year to date reduction of -3.523 percent. The 52 week high is KD 1.050 and the 52 week low is at KD 0.65. The company has a market capital of KD 315,000,000 which is ranked at 24 based on market cap position. Source: http://www.ameinfo.com/financial_markets/Kuwait/Company_KW0018/  Analysis of Working Capital In the absence of detailed published annual report the available information on the assets position of the company is appended below: Particulars 2004 (KD ‘000) 2005 (KD ‘000) 2006 (KD ‘000) Fixed Assets 5,405 5,212 6.202 Current Liabilities 1,856 4,294 5.538 Long Term Debt 11,676 8.946 52,285 Shareholders’ Equity 104,790 182,046 190,924 Current Ratio 60.84 44.27 43.98 Debt/Capital 0.10 0.05 0.21 Source: http://www.shibuimarkets.com/perl/company.pl?cid=376234 From the analysis of the available information there is an increase in the long term liabilities during the year 2006. There appears to be an increase in the current liabilities which has affected the current ratio in the year 2006. Gulf Petroleum Investment Executive Summary Gulf Petroleum Investment Company was established in the year 1988. The company was formed as a Kuwaiti shareholding company. The company’s main focus is on providing services in oil, gas, and petrochemical sectors. The major activities of the company include oil field services, drilling offshore and onshore, and supply of parts and equipments. The company also undertakes consultation services for upstream and downstream related products. The principal shareholders of the company include International Investment Group Kuwait, Grand Real Estate, Kuwait and Investors Bank, Bahrain. The company currently operates in Kuwait, Egypt, United Arab Emirates, and plans to expand in Syria. An analysis of the financial performance of the company is produced below: Profitability On the basis of available financial information about the company, the company has made total revenue of KD 8,287,000 during the year 2006 (KD 7764,000 – for 2005). The net profit reported for the year 2006 is KD 7,016,000 (KD 2,937,000 – for 2005) The company’s assets have enhanced in value to KD 52,352,000 in the year 2006 as compared KD 20,350,000 in 2005. There has been a corresponding increase in the shareholders’ equity to KD 23,241,000 for the year 2006 against KD 16,445 for the year 2005. The company has reported a net profit of KD 3.6 million for the first nine months of the year 2007.The earnings per share rose from 5.3 fills a year ago to 24.9 fils in 2007. The factors that contributed for the higher net earnings of the company were: The general buoyancy in the Kuwaiti economy coupled with the increase in oil prices mainly contributed to higher earnings of the company. Since the company’s major shareholders have a good business connection not only in Kuwait but in the whole of Gulf the company was able to attract new contracts The technical excellence of the company in varying fields related to petroleum industry has helped the company to realize more business (GUPICO) Stock Performance The share of the company closed at KD 0.690 with a year to date variation of -28.962 percent. The 52 week high sale price was KD 0.800 and the 52 week low was KD 0.240, The Company has a market cap of KD 69,000,000 which is ranked at 83 on the basis of the market capital. The movements in the share price during the last 12 months are depicted in the following graph. Source: http://www.ameinfo.com/financial_markets/Kuwait/Company_KW0178/  Dividends and Dividend Policy  In the absence of a published annual report and detailed information on the financial position of the company it was not possible to make a comprehensive report on the dividend policy of the company.  References  GUPICO http://www.gupico.com/activities.html Kuwait Finance House Annual Report 2005 http://www.kfh.com/english/AboutUs/Annual-Report/AR2005/KFH-AR2005.pdf Kuwait Finance House Annual Report 2006 http://www.kfh.com/english/AboutUs/Annual-Report/AR2006/KFH-AR2006.pdf  Zawya.com ‘Kuwait Finance House’ http://www.zawya.com/cm/profile.cfm/cid5083
Monday, October 14, 2019
Example Reflective Essay using Rolfe Reflective Model
Example Reflective Essay using Rolfe Reflective Model This reflective essay will adopt Rolfes model of reflection, (Rolfe, G et al. 2001) which was derived from Bortons developmental model. (Boyd E et al. 1983) The scenario is presented as Appendix 1 and the patient has been anonymised as Lee in accordance with the NMC guidelines (NMC 2008) What? When analysed in overview, one can note that the main issues contained in this scenario are that a schizophrenic patient, who may therefore be psychotic, who is certainly confused due to his metabolic disturbances (hyponatraemia) and possibly idiopathic confusion, has made an allegation of physical assault against another staff member. The patient is also forgetful and the event happened three days ago. Clearly the incident cannot be confidently verified at this stage and there is a question as to whether the patient is reliable in making this allegation. Analysis revolves around my reflection on the actions that I took and whether they could be considered appropriate or capable of improvement. My role in the situation was that I was the recipient of the allegation. Having heard the allegation, I tried to make sense of it. On the one hand I was aware of the seriousness of the allegation if it were true, and therefore I was also aware of the potential harm that an untrue allegation could cause to the professional integrity of the ‘Special‘ who was involved. I was obviously aware of Lees potential for confusion and psychosis, but I was also impressed by the apparent veracity of his recollection and also by the fact that he started to cry when he was recounting it. (Nicol M N et al. 2004) On balance, I did believe his account of the situation. I therefore felt that I had a moral and professional duty to escalate the complaint to the Senior Ward Sister. After a period of discussion with the Ward Sister, I filled in an Incident Report Form (IR1), which was then forwarded to the hospital management. After the event, I experienced a period of prolonged self-examination. I was concerned in case I had inadvertently been party to a false allegation and considered further the consequences for the ‘Special involved. After a period of intense reflection, I concluded that I was right to take the action that I did, both because of my professional duty to ‘do my best for the patient but also because I was acting as the patients advocate in these circumstances, which seemed entirely appropriate. (Brooke C et al. 2007) The response of the Ward Sister seemed entirely appropriate. I believe that she went and spoke to Lee herself and determined that there was sufficient evidence to make the reporting of the incident (IR1) appropriate. This reassured me greatly. The Ward Sister also discussed the ethics and implications of the situation with me, which was both professionally helpful and considerate, as she could see that I was unclear about what I should do in these circumstances. In any reflective process, one also has to consider the feelings of the patient. In this case Lee did appear to be pleased that he was being taken seriously, but his fluctuating lucidity meant that further questioning did not clarify the situation any further. He certainly appeared to be pleased when he was told that the ‘special would not be assigned to him again. So what? The theoretical elements of the analysis of this situation are straightforward. Jasper, in his erudite series of analyses (Jasper M 2007), acknowledges that part of the responsibility of being a professional practitioner is to ensure that you give the best care possible to your patients or clients. In an analysis of a similar situation, the author is unequivocal in his assessment that the professional duty of the nurse is to share such reports of possible patient abuse with their immediate superior. Even if the patient is ‘of reduced capacity or ‘of questionable reliability (Jasper M 2007 Pg 36), they should therefore considered ‘vulnerable in the professional sense, and offered greater, not less, protection. An ethical analysis would suggest that the nurse should invoke the Principle of Non-Malificence, which was derived from the often quoted dictum of Hippocrates, which stated that one should â€Å"first do no harm†. (Carrick P 2000). This Principle stated that healthcare professionals must ensure that their patients are not harmed, nor will come to harm. (van Uffelen J G Z et al. 2008). I did consider the possibility of speaking to the ‘Special in an unofficial capacity, but came to the conclusion, that there was nothing that they could say which would change the proper course of action. This concurs with the opinion of Tschudin who analyses a number of similar situations. (Tschudin, V 2003). This level of analysis gave me a deeper insight into the situation and reinforced my initial conclusions relating to the proper and appropriate course of action. Now what? Given the fact that Lee had reported a possible episode of abuse, it seems entirely appropriate that it would be properly investigated. The action of the Sister in removing the ‘Special from caring for Lee also seemed appropriate and proportionate. It may have been considered more appropriate to suspend the ‘Special from work, but in circumstances when one is dealing with a confused and psychotic patient and there is a significant element of uncertainty about the veracity of the allegations, this might be considered inappropriate and unduly prejudicial to the ‘Special. (McMillan J 2005) At the time of the reporting of the incident, I apologised to Lee myself and reassured him that such a situation would not be allowed to occur again. I feel that this was also a professionally appropriate course of action, as it not only communicated a professional sense of responsibility to Lee, but also it demonstrated the fact that I was taking his complaint seriously and was sorry that it had happened. (Kozier, B et al. 2008) When analysed in overview, I effectively had two possible potential outcomes of the situation. Either I believed that Lee‘s story was probably true, or I didnt. This gives rise to a deeper analysis and, in the words of Cruess Cruess, the evolution of a student into an expert practitioner is judged by the ability to operate from a deep and holistic understanding of the total situation, a concept that is often referred to as ‘professional intuition. (Baillie L 2005). Cruess et al. suggest that this ‘professional intuition is better considered as ‘professional expertise, which is generally built up and gained over years of experience and which, when tested in the clinical environment, can become an altogether more robust concept. (Cruess S R et al. 2007). Reflection on this situation, together with the guidance received from the Ward Sister, has helped me to fully understand the main elements of this situation. If I were to encounter such a situation again I wou ld feel more confident in dealing with the situation rather than having to reflect at length after the event. Such analysis has helped me to realise that, to cite Schon, it is one of the ways professionals evolve and move beyond rule-bound behaviour and which enables them to function in a world of uncertainty and see problems in a holistic way and act appropriately. (Schà ¶n, D A (1987) Appendix Scenario: A 78 year old gentleman called Lee was admitted to my Ward with schizophrenia and other medical conditions, one of which includes confusion and hyponatremia. It has been explained to the patient and his next of kin that due to the dangerously low sodium level Lee is on a fluid restriction of 750 mls per day, however due to the patients mental statue, he constantly demands fluids and if not given he will start screaming and disturb other patient and can be very aggressive a time. For this reason the Senior Sister requested a special in order to provide a one to one care for Lee. I supported the patient with personal hygiene care one morning, Lee began to cry, when I asked what is the matter Lee? he said, three days ago a special slapped my arm and pinched me. And he said I was waiting for her to finish her shift to inform a staff nurse, by then I had forgotten. I hope when my son will visit me, I will remember to tell him what has happened. I reassured him that this will not happen again and I also apologised on her behalf and told Lee that particular specialist will not be caring for him any more. I reported the incident to the Ward Senior Sister and together we filled in an Incident Report Form (IR1). References Boyd E Fales A (1983) reflective learning: the key to learning from experience. Journal of Humanistic Psychology, 23 (2): 99-117 Brooke C; Waugh A Eds (2007) Foundations of Nursing Practice, Fundamentals of Holistic Care. Lond Mosby Elsevier. Carrick P (2000) Medical Ethics in the Ancient World. Georgetown University press : Philadelphia Jasper M. (2007) Professional Development, Reflection and Decision – Making. Blackwell Publishing, Singapore. Kozier, B, et al. (2008) Fundamentals of Nursing: Concepts, Process and Practice. Harlow: Pearson Education. Nicol M N, Bavin B C, Bedford-Turner S B, Cronin P C Rawlings-Anderson K R (2004) â€Å"Essential Nursing Skills†2nd ed. Churchill Livingstone, Mosby NMC (2008) Nurse Midwifery Council: Code of professional conduct: Standards for conduct, performance and Ethics (2008) London : Chatto Windus 2008 Rolfe, G., Freshwater, D., Jasper, M. (2001). Critical Reflection in Nursing and the Helping Professions: a Users Guide. Basingstoke: Palgrave Macmillan. Schà ¶n, D A: (1987), Educating the Reflective Practitioner: Toward a New Design for Teaching and Learning in the Professions, Jossey-Bass Publishers, San Francisco. Tschudin, V (2003). Ethics in Nursing: the caring relationship (3rd ed.). Edinburgh: Butterworth-Heinemann. van Uffelen J G Z, Chinapaw M J M, van Mechelen W, Hopman-Rock M (2008) Walking or vitamin B for cognition in older adults with mild cognitive impairment? A randomised controlled trial. British Journal of Sports Medicine 2008; 42 : 344 351
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