Tender of Performance Essay Example

Tender of Performance Essay Parijat Mishra of BBA LLB (A), 1st Semester, under roll number 1282060, am highly grateful to my teachers Mr Puranjoy Ghosh and Ms Jinia Kundu for their untiring help and encouragement during the course of my project titled Tender Of Performance. I highly acknowledge, with deepest sense of gratitude and indebtedness, the coordination and support I received throughout the course of work. Thank You Parijat Mishra) Roll No. 1282060 Contents Sl. No| Topic| Page No. | 1| List of Abbreviations and Cases| 1| 2| Introduction| 2| 3| Significance of Tender Of Performance| 3| 4| Relevance in Indian Contract Law| 4| 5| Relevant Case Summaries| 5| 6| Conclusion| 6| 7| Bibliography| 7| List of Abbreviations and Cases No significant abbreviations have been used in this project. The list of cases referred in the project and some basic definitions are provided below. Cases referred (with citation) : * Startup v MacDonald (1843) 6 Mann amp; G 593 Planche v Colburn   [1831] EWHC KB J56 Kings Bench Division * Cutter v Powell [1795] EWHC KB J13 Definitions of some basic terms used (Extracted from the Indian Contract Act, 1872) : * Proposal :- When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. * Promise : When a person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal, when a accepted, becomes a promise Promisee and Promisor : The person making the proposal is called the promisor, and the person accepting the proposal is called promisee * Contract : An agreement enforceable by law is a contract Introduction The phrase Tender Of Performance can be defined as follows An offer or attempt to do what is required under a contract or under the law. However, to completely understand the meaning and scope of the term, we require some more data and analysis. Firstly, we need t o understand the meaning of the word tender.It can be defined as an offer to do or perform an act which the party offering, is bound to perform to the party to whom the offer is made. Performance refers to the fulfilment or accomplishment of a promise, contract, or other obligation according to its terms. From the definitions mentioned above we can clearly infer that tender of performance refers to being ready to perform a contract. Performance can be actual as well as attempted. If one party offers to perform his promise under the contract, it is called tender of performance.In this project, the importance/significance of tender of performance and its relevance in Indian Contract Law will be observed. Additionally, we will be looking at some important cases which helped establish the principles of the given topic. Significance of Tender of Performance In almost all laws relating to contract, a valid tender of performance is equivalent to actual performance. So, it should be necess ary to properly establish what can be considered as tender of performance. Essential Requisites of a Valid Tender : 1. Unconditional The tender should be unconditional, i. e. made in accordance with the terms of the contract. There should be no new or conflicting conditions present. 2. Whole Obligation An offer to perform the promise in part will not be considered a valid tender. Apart from some exceptions (If tender in instalments is allowed in the contract), there has to be the whole obligation for a valid tender. 3. Made At a Proper Time And Place If any fixed time and place is mentioned in the contract, then the tender of performance has to be made at that time. If nothing such is mentioned, then the tender of performance must be done at a reasonable and proper place and time. . Made To The Proper Promisee The tender has to be made to the proper promisee. Tender made to an authorised agent would be valid but tender made to a stranger would obviously be invalid. 5. Reasonabl e Opportunity It should be provided to the promisee to inspect the quality and quantity of the type of goods agreed upon and to satisfy himself that they are according to the terms of the contract. Two more essentials can also be considered : 6. Person Giving Tender Must be Willing to Perform The person giving the tender must be willing and capable to perform the whole of what he was bound by the contract to do. . Tender Of Money Tender of money should always be made in the legal tender money and not in any other form If these essentials are fulfilled then one can safely conclude that a tender of performance has been made. Once the promisor makes a valid tender of performance, it is then for the promisee to accept the performance. If the tender of performance is rejected by the other party, the promisor is not responsible for non-performance and is entitled to sue the promise for breach of the contract.Relevance In Indian Contract Law The Indian Contract Act, 1872, recognises te nder of performance and its important role in Contract Law. Section 38 mentions situations when tender of performance is not accepted by the promisee. It states 38. Effect of refusal to accept offer of performance Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for non-performance, nor does he thereby lose his rights under the contract.Every such offer must fulfill the following conditions (1) it must be unconditional; (2) it must be made at a proper time and place, and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is been made is able and willing there and then to do the whole of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound b y his promise to deliver.An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Section 38 basically implies that the promisor has the right, after such situation occurs, to terminate the contract and claim damages. The promisor can also still demand performance instead of termination. However, many commentators have stated that the promisees refusal of money as opposed to goods and services does not discharge the debtor from its obligation to pay. It is observed from the facts that the position of Indian Contract Law regarding tender of erformance is very similar to that of European Law and International Law principles. Relevant Case Summaries Many significant cases around the world helped shape the principles of performance and tender of performance. Some of them are mentioned below. 1. Startup v MacDonald A contract stated that 10 tons of oil were to be delivered to the defendant within the last 14 days of March. The claimant del ivered the oil at 8. 30pm Saturday March 31st. The defendant refused to accept the delivery because of the lateness of the hour. Held:The claimant had tendered performance within the agreed contractual period and was thus entitled to damages for non acceptance. 2. Planche v Colburn The claimant agreed to write a book on costume and armour for the defendant as part of a series called the Juvenile Library. The agreed contract price was ? 100 to be payable on completion. The claimant commenced writing and had completed a great deal of it when the defendant cancelled the series. The defendant refused to pay the claimant despite his undertaking and the fact that the claimant was still willing to complete. The claimant brought an action to enforce payment.Held: The claimant was entitled to recover ? 50 because the defendant had prevented the performance. 3. Cutter v Powell The claimants husband agreed by contract to act as a second mate on the ship the Governor Parry on a return voyage to Jamaica. The voyage was to take eight weeks and he was to be paid on completion. A term in the contract stated: Ten days after the ship Governor Parry, myself master, arrives at Liverpool, I promise to pay to Mr. T. Cutter the sum of thirty guineas, provided he proceeds, continues and does his duty as second mate in the said ship from hence to the port of Liverpool.Kingston, July 31st, 1793. Six weeks into the voyage the claimants husband died. The claimant sought to claim a sum to represent the six weeks work undertaken. Held: The wifes action failed. Payment was on condition that he worked the ship to Liverpool, since he did not fulfil this condition the widow was entitled to nothing. Conclusion Compared to other similar concepts in Contract Law, tender of performance cannot be considered as a huge and/or complicated idea. It is a simple theory which is followed universally almost in the exact same manner.It is simply an offer to perform, which has to be unconditional, and if re jected, can lead to termination of a contract. Someone with a basic grasp of Contract Law and its function would easily be able to understand this concept. It is very important to consider tender of performance as something equivalent to performance. This has both legal and moral reasons. Legally, one has to look at a situation from all possible angles. So, the principles regarding offer to perform should exist along with normal performance.From a moral viewpoint, it is observed that there may be a lot of problems faced by the society if only full performance of obligations is considered. It may lead to chaos, and fewer contracts being formed, which would break down society bit by bit. This view may sound alarmist, but it is firmly placed in logic. Therefore, in conclusion, tender of performance is a short but important aspect that should be taken into consideration while framing rules for contract formation. Bibliography * Books Referred 1. Arun Kumar, Mercantile Law (Atlantic Publ ishers amp; Dist, 01-Jan-2002) 2.Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition) 3. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010 * Websites Referenced 1. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm), accessed on 30/09/2012 2. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender), accessed on 30/09/2012 3. Government Of India Online Business Resource (http://business. gov. n/legal_aspects/contract_law. php), accessed on 01/10/2012 4. Case Summaries from E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php), accessed on 01/10/2012 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * [ 1 ]. Juridical Dictionary (http://www. juridicaldictionary. com/Tender_of_performance. htm ) [ 2 ]. Legal Dictionary The Free Dictionary (http://legal-dictionary. thefreedictionary. com/tender) [ 3 ].Arun Kumar, Mercantile Law (Atlantic Publishers Dist, 01-Jan-2002), Pg 142 [ 4 ]. Purnakam Dash, Business Regulatory Framework (Pearson Education India, 2012, First Edition), Pg 40 [ 5 ]. Government Of India Online Business Resource (http://business. gov. in/legal_aspects/contract_law. php) [ 6 ]. Lars Meyer, Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law, Peter Lang, 07-Dec-2010, Pg 64 [ 7 ]. E-Law Resources (http://www. e-lawresources. co. uk/Discharge-through-performance. php) [ 8 ]. (1843) 6 Mann G 593

Case Study Writing

Case Study Writing In higher education, students are often required to write case studies. Used in most (if not all) academic disciplines, a case study serves to provide a thorough analysis of a situation, or â€Å"case.† Its purpose is to reveal interesting information about a classification of things – and is analytical in nature. Perhaps it’s best to see the case as the â€Å"real-life† situation; the case study is the analysis of this situation.  Fundamentally, case studies seek to solve a problem. For example, a business student may perform a case study on a particular company; while the political science student might conduct one on a particular country or a political ideology. In a psychology course, a case study could be written about a person’s mental illness, or how kids with cerebral palsy learn to read and write and speak, for a more specific example. Case studies cover a broad range of topics – but there is one underlying theme: they highlight a larger problem or issue, a real-life situation, in the field and, through heavy research and the application of theories, concepts and common knowledge in a field of study, serve to illuminate those problems through an in-depth study of its application to an individual or single unit. There are two approaches to writing a case study.  One is the Analytical Approach, where the case study is performed in an attempt to understand what has happened and why and does not identify a problem or suggest solutions.  The other approach to a case study is the Problem-Oriented Method used to identify existing problems and then suggesting solutions to said problems. Case Studies Should Always: Apply the knowledge and ideas covered in a course to a practical, real-life situation Identify – then suggest solutions to – present problems Recommend the BEST solution to these problems Detail exactly how this solution should be incorporated The Five Steps to Writing a Case Study Step 1. Choose a subject, issue or problem, and conduct thorough research on that topic (by using books, journals, magazines, and newspapers). Of course, the issue should pertain to the course in which the assignment is given, and the student should make sure to record these sources for later. Step 2. Choose a case â€Å"site† – a location, organization, company, or even individuals experiencing a problem – then plan and set up interviews. Remember: interviewees should, for example, be involved in the same company or organization, or the case â€Å"site,† with a common interest in solving the problem. Step 3. Conduct interviews. This is a crucial step to a case study. Ask interviewees what solutions have already been attempted, as well as inquired about their feelings about the situation, and what they could, perhaps, do differently to solve the underlying problem in the future. Open-ended questions are best – What is working? How did the situation develop? Stay away from yes or no questions for an objective analysis. Step 4. Organize and analyze the information gathered from the interviews and the research to identify which are most pertinent in solving the problem. Step 5. Double-check all the information on the case study, make your conclusions, and voila its ready. You may be interested in: Critical Analysis How to Write an Argumentative Essay Book Report Writing Writing Effective Assignments Tips on Improving Students Study Skills The Eight Sections of a Case Study:   Synopsis/Executive Summary outlining the purpose of the case study, a description of research, a broad outline of the issues and findings, and the theory being used   Analysis, which identifies the problems in the case and is supported by factual evidence   Discussion summarizing the major problems, which identifies alternative solutions to these problems; it should briefly outline each alternative solution, and then evaluate the advantages/disadvantages of each   Conclusion – it should sum up the main points gathered from findings and the discussions   Recommendations explaining what alternative solutions should be adopted to solve the problem, briefly justifying these solutions in a persuasive manner. In this section, integration of theory pertinent to the coursework is most appropriate   Implementation explaining what should be done, by whom and when   References used in the case study   Appendices may be used to note any original data relating to the study that may have interrupted the flow of the main body These are basic case study writing steps. If you need any further assistance and/or guidance with your case study, is the service that is happy to assist. Simply send us your requirements, attach any relevant files and send it over. We will analyze your assignment and then provide feedback on how it should be done. Additionally, we can provide additional counseling and guidance on case study writing by providing a sample case study response. You will then be able to use this model paper as a sample to work on your subsequent case study assignments. is happy to be your academic advisor!

Many topics you can chose from Essay Example | Topics and Well Written Essays - 3000 words

Many topics you can chose from - Essay Example Ground water can also lead to formation of wetlands or oases. There are ways in which ground water can be extracted from the earth’s surface for a score of uses. It can be used for home purposes, industrial usage, in addition to agricultural use for activities like irrigation. This can be possible by construction of extraction wells that draws water underneath the surface of the earth. Ground water has been distributed differently under the surface of the earth. In addition, underground water undergoes movement under the earth’s ground. Study of ground water motions, plus distribution is known as hydrogeology. It is also called ground water hydrology. Ground water can also include soil moisture, immobile water that is found in bedrocks that have very low permeability, and oil formation water that is found very deep in the earth’s surface. Ground water is thought to act as lubricants that cause movement of faults. The points under the surface of the earth where ground water originates are identified as aquifers. An aquifer has layers of porous materials that contain and transmit water. When aquifer is not confined, water can move freely between the earth’s surface and the saturated zone of an aquifer. Since gravity causes water to move downwards, deeper zones of the aquifer are further saturated as compared to the upper parts. Water table refers to the upper zone of the saturated layer of an unconfined aquifer. Below the water table, all spore spaces are saturated with water. This zone is known as phreatic zone. There is a substrate that slight porosity and allows little transmission of ground water. This substrate is called an aquitard. Aquifers have diverse features depending on the geology, and the structure of the substrate as well as the topography in which they happen. Aquifers that contain a high amount of water are situated in sedimentary geologic formations. Crystalline rocks that are weathered and fractured produce a

International Finance Essay Example | Topics and Well Written Essays - 1500 words - 10

International Finance - Essay Example The exchange rate is a variable of the International Fisher Effect, which states that the value of a currency of a nation whose interest rate is relatively higher is likely to depreciate against the value of currency of another country whose interest rate is relatively lower (Madura 2011, pp. 114-120). On that note, the paper presents the importance of the international finance; the factors influencing the exchange rate and discussion of the findings of the IFE test. The test will be conducted using the UK interest rate and the exchange rate between the UK and Greece’s currency from the year 2005 to 2014. The method adopted during the IFE test is a regression analysis (the coefficient of correlation) (Sowa & Acquaye 1999, pp. 2-10). The concept of the international finance can be strongly grasped after its elements are uncovered. The elements are the interest rate, the exchange rate, the inflation rate, export, and imports, etc. The following two theories are influenced by the mentioned factors: the International Fisher Effect (IFE) and the Purchasing Power Parity (PPP). The international finance refers to cross-border borrowing/lending of funds and any other transaction between the local and the foreign countries the leads to movement of funds, assets, and capital between the trading countries. The idea of Purchasing Power Parity contends that the prices of resembling products should be equal in different countries, when the currencies of the trading countries are converted into a single currency. There are two types of the purchasing power parity. That is, the absolute and relative purchasing power parity (Mankiw 2009, pp. 707-709). The theory of Absolute Purchasing Power Parity asserts that the real prices of commodities must be identical in all countries. Thus, the absolute Purchasing power parity is realizable when the purchasing strength of the local and foreign currency is alike, after the conversion of the currencies to foreign denomination, using the

Human Resource Planning Case Study Example | Topics and Well Written Essays - 1500 words

Human Resource Planning - Case Study Example This paper outlines that it is also necessary to establish a framework for the competency of the team. This will involve all employees from every department within the organisation. It is also vital to consider the long-term requirements to make the framework more relevant. This involves the process of collecting information and hence the most important step that dictates the success of the entire project. It includes the adoption of the best techniques for collecting the information concerning the roles and responsibilities of each member. It includes observing people while they perform their roles in case of those that are observable, interviewing the workers to learn what people believe and know and creating a questionnaire that will assist in obtaining the most important data. There is the need for spending more time while considering the issues of validity and reliability of the data. The use of standardized job assessment questionnaires can greatly provide good assistance. It n ow follows the analysis of the work and includes an understanding of the behaviours used in performing the job. Key considerations may include business plans, objectives, strategies, job descriptions, principles of the organisation, future predictions as well as the needs of customers and suppliers. It is necessary to employ the best techniques to achieve accurate and comprehensive results. Moving to the next step means reorganizing the information gathered into greater competencies to help in analyzing and groupings of the data in an effective manner. The step requires the grouping of the skills and behaviours into core competencies.

Visual Pleasure And Narrative Cinema

Visual Pleasure And Narrative Cinema In this paper we are going to discuss the position of Laura Malvey in her work Visual Pleasure and Narrative Cinema. The psychoanalytic interpretation of the position of women viewers gets back to the famous essay by Laura Mulvey Visual Pleasure and Narrative Cinema, the original thesis of which was that the film form is structured by the unconscious of the patriarchal society and that woman as a spectator is always imposed the rules of a foreign game getting of the male type of pleasure for example, inherently scopophilic pleasure from the examination of the female body. But the issue in this work is not only and not so much about the pleasure itself, but about more serious things how the vision is the instance of identification formation of the subject through the visual practices and how the power is incorporated into the play that is, the question is raised in the work about the ideological effects of the basic cinematic apparatus. Mulvey argued that ideology is involved in forming the subjectivity of the individual at the level of the unconscious and that is how a female spectator, through borrowing the male gaze, takes the ideology of a patriarchal society, which is imposed. Laura Mulvey (1975) in Visual Pleasure and Narrative Cinema explains how the traditional Hollywood film claims the scopophilic view: In a world ordered by sexual imbalance, pleasure in looking has been split between active/male and passive/female. The determining male gaze projects its phantasy on to the female form which is styled accordingly. In their traditional exhibitionist role women are simultaneously looked at and displayed, with their appearance coded for strong visual and erotic impact so that they can be said to connote to-be-looked-at-ness. The woman, demonstrated as a sexual object, acts as a leitmotif of erotic spectacle. The formulated problem in this context may be solved through a strong deconstruction of the vision machine, which constitutes a woman as an image, and a man as an owner of the sight. Mulvey proposes to destroy the voayeristic-scopophilic opinion, consistently destroying cinematic codes that postulate such view. Will this be the solution of the problem? Mulveys emphasis on the analysis of the specific of the cinematographic system, with all its radical and provocative judgements, seems to be legitimate. The real is the question of the discursive mediation properties. However, in general, the psychoanalytic criticism of visual representations may also have a profound methodologic effect. As we have alreqady stated, the main ideas of Mulveys research approach are formulated by her in the work Visual pleasure and narrative cinema. The impact of this approach extended not only to the tudy of movies but also to television, advertising and other forms of visual culture. The researcher begins her studies with the basic ideas of psychoanalysis a postulation of sexual differences as the axis of meaning and the center of the oedipal drama. Mulvey (1975) made the psychoanalytic theory as the basis for interpretation of the mystery of movie: The fascination of film is reinforced by pre-existing patterns of fascination already at work within the individual subject and the social formations that have moulded him. According to the researcher, the movie does not only stimulates and trains scopophilic bents (the pleasure of spying), but also satisfies the repressed desire to show off, the exhibitionism. Even so the movie does not only quenche the scopophilic thirst, but also brings it to the narcissism, satisfying the human need of identification with others, in this case with anyone or anything on the screen. On the one hand, the film is designed for the fact that the audience identifies itself with a particular character, his logic, so that for the audience everything could be clear. On the other hand, the viewer tends to present himself in a strange role. Just in time for psychodynamics occurring between these two processes, the phenomenon of narrative cinema, about which Laura Mulvey writes, is built. In this vein, it is appropriate to recall the ideas that the cinema performance actualizes and intensifies the processes of an affective internal projection-identification in the viewer, who has the ability to act and move. At the same time Laura Mulvey is developing a theory of the male look under which a woman appears as an image, and a man as the bearer of the look. That is, according to the researcher, in the movies women simultaneously function as erotic objects for the male audience, that gets a scopophilic pleasure from their presence, and as erotic objects for the male characters , with whom the male audience may identify itself. The third and decisive spectator, in addition to the male protagonist and the male audience, is a camera, which by means of choosing a particular angle, and a sequence of frames represents an opportunity to double the pleasure of scopophilia and identification. The researcher firmly binds the audience view with the function of the cinema in general. Hall (2003) stated that cinema is capable to control our mind, to make us identify with its images. It was originally created for the visual experience and for the viewers empathy. Therefore, the point of the location of view, its place and its direction, according to Mitchell (1995), are incredibly important and determine the film industry as such. Such a perfect ability to focus the mind distinguishes cinema from other shows. Laura Mulvey concludes that the codes involved in the movie and having a direct relation to the external structures (social and economic conditions), must be learnt for their transformation, for creation of other movies and critics of the effects and characteristics of visual pleasure, which is provided by the traditional movie plot. The attempt of L. Mulvey to show using psychoanalytic theory , how unconscious in a patriarchal society forms the film had a very important and significant impact on the further development of the feminist film criticism. Further, the theories of the female look in art are also actively appearing and developing As for the contemporary cultural and feminist theory, its main subject is an everyday life, where there is a specific articulation of social structures. Today there is a fundamental shift in the feminist studies in general. According to Evans and Hall (2005) we see that this is the transition from the deterministic explanations of womens subordination to the media to the analysis of the processes of symbolization and representation. In other words, the problem of studies of mass media moved from the determining of the reasons of situation for womens subordination in culture and society to the review of symbolic aspects of the functioning of cultural products and tools of mass communication in general. The advantage of the research approach Mulvey is that she is one of the first to articulate the existence of a gender specificity of modern movies, to draw attention to the presence of the third spectator which was not previously noticed a camera, on the position of sight of which further specifics of the construction and interaction of the images in the film depends. Her ideas had a strong influence on the avant-garde trend in the cinema. At the same time Mulvey was interested in the universal mechanisms of constructing a plot of the film, as well as the mechanism of influence of specific film image to the audience through the identification process. Laura Mulvey, the author of the article Visual pleasure and narrative cinema, says that in the movie the traditional division of labor is used: a woman serves as a subject for a look, a man serves as an examining person. The camera a cinema eye inherits the role of a man, who looks through the lens of cultural cliches. The product of this view is an active authoritativeness of the erotic gaze directed at the female body, and narrative patterns of the melodramatic cinema. An endless variety of genre roles for the calibration of all the shades of seduction, desire, flirting or classical coldness are available to the actresses. It goes without saying that the text of the work, with todays perspective, seems to be too radical, too provocative, tapering to limit the sex differences, abounding in bold (for the uninitiated in the mysteries of psychoanalysis) terminology and may be somewhat alien to our consciousness, but at the same time this is the most representative and the most authoritative work, which gives quite a clear idea about the specifics of feminist psychoanalytic cinema theory. In addition, this work is an explicit demonstration of how the feminist critique has expropriated and used the psychoanalytic discourse to overcome traditional psychoanalysis negativism against women dating back to Freud, with his own means. In our work we have to give two examples from visual culture and discuss how Mulveys thesis may be convincing in one instance but tested to its limitations in another. For this discussion I propose to take two films: Rare Window by Alfred Hitchcock and Juno by Jason Reitman. The film Rare Window by Alfred Hitchcock is convincing the thesis of Laura Malvey that Man is the bearer of the look while Woman connotes to-be-looked-at-ness. The main character of this film is put in such conditions that he has to be scopophilic. A photographer Jeffries has broken his leg and now he has to watch everything going outside through the window. The film reveals to us one of the main needs of men peep through the keyhole, figuratively speaking. It is really impossible to keep away from such a forbidden fruit. And the blame of everything is curiosity, namely it moves the main mechanisms in a man, allowing to forget about other equally important needs (food, rest, sex) and exciting the imagination at a time. In this film everything is concentrated around the man, Jeffries, women are just a phone here. As to the film that is tested to the limitations of Malveys thesis it should be noticed it is very hard to find such because such films began to appear not so long time ago. These are the films with a strong woman in the main role. For example I would like to propose the film Juno by Jason Reitman. The main heroine of this film is a young girl who is pregnant and who gets perfectly well with her problems. All the actions in the film are concentrated around this young lady Juno and in difference to the films in which everything is made for men, this film limits the thesis of Laura Malvey that Man is the bearer of the look while Woman connotes to-be-looked-at-ness by our vision of the main heroine.

The Country of Libya Essay -- essays research papers

Libya Libya is a Country located in northern Africa, 90% of Libya’s land is covered by the Sahara Desert. There are no lakes or rivers, all of the country’s water supply is from underground. Libya is one of the largest countries in Africa, but largely due to its vast desert environment, the population is less than most of the other countries. Libya also has no water above ground, everything comes either from the ocean or the underground water systems that irrigate the underside of Libya. Libya’s flag is solid green, the only flag in the world with one colour and design, Libya also has a huge history of religions and cultured as well as some of the oldest architecture on the planet. Location Libya is located in Northern Africa along the Mediterranean Sea which provides a northern coastal border. On the east Libya borders Egypt and Sudan and on the west Libya borders Tunisia and Algeria. To the south Libya has Chad and Niger as neighboring countries. One may ask what type of relations that Libya has with these bordering countries. Libya occupies a very interesting position. Libya has a long history of great trade relations with these other countries. Trade between these countries has depended on two types of routes which are the â€Å"western† route and the â€Å"commercial† route. The commercial route is used every season and leads to Egypt and Saudi Arabia. Place Libya extends over 1,759,540 square kilometers (679,182 square miles), making it the 16th largest nation in the world. The climate is a mostly dry, desert climate. The northern regions however enjoy a milder Mediterranean climate. Geographic regions: Cyrenaica, Tripolitania, and Fezzan. The chief cities are the capital Tripoli in northwest Libya and Bengh... ...hat covers the body from the knees to the neck regardless of the temperature, which sometimes can go above 40 degrees C. Certain beaches especially for tourists are also available. All drugs and alcohol are banned and this applies to all visitors. Libya is one of the safest countries in the world since the crime rate is very low. You do not need to be concerned about your safety in Libya, although you may get lots of fascinated looks from the locals if you travel there. Arabic is the main language and English is the second language. Almost everyone in Libya can speak English. Conclusion Libya, though very dry and uninhabited, contains much history and ancient architecture. It is a very interesting country, and to think that that much land can be covered by flat desert is amazing. Libya is a well run country and very populated considering the conditions. The Country of Libya Essay -- essays research papers Libya Libya is a Country located in northern Africa, 90% of Libya’s land is covered by the Sahara Desert. There are no lakes or rivers, all of the country’s water supply is from underground. Libya is one of the largest countries in Africa, but largely due to its vast desert environment, the population is less than most of the other countries. Libya also has no water above ground, everything comes either from the ocean or the underground water systems that irrigate the underside of Libya. Libya’s flag is solid green, the only flag in the world with one colour and design, Libya also has a huge history of religions and cultured as well as some of the oldest architecture on the planet. Location Libya is located in Northern Africa along the Mediterranean Sea which provides a northern coastal border. On the east Libya borders Egypt and Sudan and on the west Libya borders Tunisia and Algeria. To the south Libya has Chad and Niger as neighboring countries. One may ask what type of relations that Libya has with these bordering countries. Libya occupies a very interesting position. Libya has a long history of great trade relations with these other countries. Trade between these countries has depended on two types of routes which are the â€Å"western† route and the â€Å"commercial† route. The commercial route is used every season and leads to Egypt and Saudi Arabia. Place Libya extends over 1,759,540 square kilometers (679,182 square miles), making it the 16th largest nation in the world. The climate is a mostly dry, desert climate. The northern regions however enjoy a milder Mediterranean climate. Geographic regions: Cyrenaica, Tripolitania, and Fezzan. The chief cities are the capital Tripoli in northwest Libya and Bengh... ...hat covers the body from the knees to the neck regardless of the temperature, which sometimes can go above 40 degrees C. Certain beaches especially for tourists are also available. All drugs and alcohol are banned and this applies to all visitors. Libya is one of the safest countries in the world since the crime rate is very low. You do not need to be concerned about your safety in Libya, although you may get lots of fascinated looks from the locals if you travel there. Arabic is the main language and English is the second language. Almost everyone in Libya can speak English. Conclusion Libya, though very dry and uninhabited, contains much history and ancient architecture. It is a very interesting country, and to think that that much land can be covered by flat desert is amazing. Libya is a well run country and very populated considering the conditions.

Ethics Game Reflective Journal Essay

Nursing has evolved throughout the years. Gone are the days that the existence of nursing geared towards following the orders of senior members on the profession and initiation of routine procedures. In today’s nursing, nurses are valued and needed for their reasoning as well as intellectual skills. The changes in nursing require the desire to be more responsible and contributory to the wellbeing of those that needed care. These changes led to more complex ethical dilemmas that nurses’ encounter. This paper aims to provide a reflection on the Ethical Dilemmas presented on the Ethics Game Simulation, the decision-making steps taken to address the ethical issues, how the ethical concepts influenced the decisions made, and the application of the ethical concepts to a medical-surgical unit. The Case of the Troubled Teen This case illustrates Rachel Banks a 16 year-old teenager who got pregnant out of wedlock and currently on her tenth hour of labor on the OB/GYN unit at Seva Medical Center. She’s accompanied by her parents. Rachel’s parents are instructing the staff nurses to withhold the pain medication as punishment for getting pregnant before getting married. Since Rachel Banks is a minor, legally, the parents can decide for her. The nurses are concerned due to the possible detrimental health effects that the situation can cause to Rachel and her unborn baby, Lily. The nurses also became aware that the parents may not be fully educated on the consequences of their decision. In order to make an ethical decision on this case, I used the Baird Decision Model which provided five frameworks: Step 1: Be attentive, Step 2: Be Intelligent, Step 3: Be Reasonable, Step 4: Be Responsible, and Step 5: Be Reflective (University of Phoenix, 2013). The main issue in this case is how to ensure that Rachel and the baby get appropriate and timely medical care. I reviewed the e-mails and communications gathered in order to get a picture of the situation and see that the best possible solution arise. Upon understanding the main issue of this case, I’ve identified that the primary stakeholders includes; Rachel Banks, her parents, her unborn child, the staff nurse, and the primary nurse because they will be impacted on the decisions made in this situation. After identifying the main issue and the primary stakeholders, using the rights/responsibilities lens I was able to identify that my obligations and duties includes providing the best possible care to Rachel Banks and her unborn child, not to accommodate parents who are harming their child, and also support my staff’s professional improvement. On the results lens, I was able to recognize what would create the greatest good for the greatest number of stakeholders which was to involve the nurses and the parents in assessing need for medication intervention and also provide information for aftercare support and education. I believe that the decision made on this scenario benefits both the patient and her family. By involving the parents in the assessment of Rachel’s medical needs, conflict is alleviated and thus, creates a positive outcome. The Case of the Policies and Politics This case is about Alain Trottier, a patient brought in the emergency room by his domestic partner, Yves. Alain was admitted to the ICU unit and has been unconscious. The day- shift supervisor, Carlotta Baldwin is preventing Yves from seeing the patient and refuses provide information regarding the patient because he is not an actual family member. However, according to the hospital policy, domestic partners are to be treated as married couples for the purposes of access and, most importantly, when it must be determined who can make medical decisions for a patient unable to give their own consent. My duty as the nurse taking care of Alain is to identify the critical issue in this situation which is the equal treatment and access of gay partners at Seva Medical Center as equal to those of straight couples. Upon identifying this as the main issue, it is easier to analyze the problem. Again, the following stakeholders were identified: Alain Trottier (patient), Yves (domestic partner), C arlotta Baldwin, RN (shift supervisor), Amelia Flinch (Director of Nursing), the shareholders of the hospital, and lastly, I the staff nurse taking care of Alain. This scenario has led to the identification of relationship lens. The relationship lens focuses on the community. The main concern of this lens is to provide basic liberties to all people (University of Phoenix, 2013). The three rights represented in this case were: right to participate in decision-making for an unconscious family member, right to have hospital policy regarding participation by family members implemented, and right to be informed that your interpretation of hospital policy is inaccurate. I believe that these rights are the major component of this lens because it focuses on the patient, family, and healthcare providers. Upon understanding the basic rights related to this situation, the following actions such as educating all employees with hospital policies, establishing a taskforce to make sure that the policies are put into practice and conducting yearly audits to make sure that the policies are implemented. These actions will ensure that the patient will benefit greatly on the policies placed on the facility. Lastly, the reputation lens discusses the virtues important for leadership; core competencies such as managing diversity, problem-solving, self-knowledge, decision quality and fairness. These values are important because of the overall positive effect that it can bring to the patient and the facility. My final decision in this case is to note on Alain’s chart that Yves is to be given access and treated as family. Speak to Carlotta about my decision and let my supervisor know. I believe that this decision has no risk. This decision has demonstrated that I am fully knowledgeable on the hospital policies and also implementing what I know for the benefit of my patient. By assuring equal access will likely improve the hospital’s status in the community. Lastly, by informing Carlotta Baldwin and the supervisor know of the decision can be a message that further education is needed for all employees to be more aware and knowledgeable of the hospital policies. Ethical Dilemma at a Medical-Surgical Unit I’ve been working as a RN at a medical-surgical unit for almost a year now. I still consider myself as a novice nurse and I feel that I haven’t been exposed to a lot of ethical dilemmas. However, I believe that pain management or providing pain relief can be an ethical dilemma for any nurse. The ethical issue is this: can we as nurses undertreat a patient’s pain because we are concerned about the repercussions or because we know that the patient is addicted to the medication. I believe when challenging situations like this arise, I need to be conscious of my own biases and make evidence-based decisions that can provide optimal treatment to the patient. By not being judgmental, I can fully assess what would benefit my patient greatly and include him/her on the treatment plan- giving autonomy. By including the patient I can also decrease the harm because I will have a better understanding of what will work best for my patient, and lastly, by hindering my biases I will be able to treat my patient’s pain in a non-discriminating way possible. As nurses continues to encounter complex ethical dilemmas as the profession and society gears forward, we must still go back on the foundation of nursing in accordance to the mission of Florence Nightingale; nurses are missioners of health dedicated to the advancement of human welfare. References: University of Phoenix. (2013). Ethics Game Simulation [Multimedia]. Retrieved from University of Phoenix, HCS478 website.

Free Essays on Incidents In The Life Of A Slave Girl

â€Å"Incidents in the Life of a Slave Girl† is the story of a girl born into slavery who’s will and determination never waiver as she fights for her freedom and the freedom of her children. Harriet Jacobs’ story brings to life the reality of slavery; the cruelty, the sexual relationships between master and slave, the psychological abuse, the separation of slave families, the dangers of escape, and the kindness that can be found in the middle of it all. Harriet was fortunate to be born into a position in which she could live with her mother and father and in fact did not even know she was a slave until her mother died. At that time she was sent to live with her mother’s mistress. This was also a fortunate position as her mistress was kind and compassionate and vowed to care for her in thanks for the many loyal years of service her mother had provided. However, her luck would not last as her mistress died and left Harriet to her niece, a five year old girl. This is when Dr. Norcom, the father of her mistress, entered her life and changed it forever. At only 15 years old Dr. Norcom began pursuing and harassing Harriet sexually but her hatred for him and the moral upbringing provided by her grandmother made her continually refuse and evade him. Harriett met another white man who became her lover and had two children with him. Because of the laws of that time her two children immediately became the property of Dr. Norcom as she was. Their father tried to buy her and their children but Dr. Norcom refused. Because of this, Harriett feared for her children and seriously began planning an escape. She ran away and after being hidden a few places by friends of the family she finally was hidden in the tiny crawl space above her grandmother’s house. The space was barely large enough for her body and allowed only limited movement. The space had no insulation or ventilation and so provided unbearable conditions for Harriett... Free Essays on Incidents In The Life Of A Slave Girl Free Essays on Incidents In The Life Of A Slave Girl Harriet Jacobs’ memoir, Incidents in the Life of a Slave Girl, shows us the life of a female slave and the abuse she suffered at the hands of her master. This was very different than the abuse we have witnessed from the other slaves we’ve read about. This book was very moving, because it was the real life account of a woman who was sexually abused. It was revolting to read as well, because she made herself believe that the abuse she was suffering was OK, because that was how she served her master. Jacobs uses rhetoric very well to make the reader sickened and saddened at the same time. Jacobs uses rhetoric to gain sympathy for abused, enslaved females in the south by giving accounts of her life in slavery to northern white women. Other authors of books in this time who were slaves probably used rhetoric to target men for the most part. In this era, men were the ones who made a difference in the country. They fought in the wars and were the leaders in a family. Jacobs’s use of rhetoric to affect women in such a personal way as the sexual abuse of a woman must have, and still does, strike a chord in our hearts. It is upsetting to think that she made herself believe that it was her job to have sex with her master. I’m sure this was hard for northern white women to understand and her use of rhetoric is ideal to help them get angry at the slavery system. I am sure many women read this book and knew exactly how she felt and wanted to do something about the what slavery was doing to these women.... Free Essays on Incidents In The Life Of A Slave Girl Incidents Knowing that most Americans today will never truly know what slavery meant to those slaves who were held in captivation under it during the nation’s past, Harriet Jacobs still manages to paint a disturbing portrait in Incidents in the Life of a Slave Girl of how it changed her, effectively granting readers a better understanding of the institution. However, her narrative falls short in that she purely focuses on all the bad elements that had taken place in her life, thus reducing what genuinely seems to be an exemplary argument against slavery to - at times - no more than a plea for attention or an enticement for pity, despite her direct addresses to the contrary. Given, Jacobs was a slave, and she makes it expressly clear that it was not an enjoyable experience, but her work gives the impression that either she really had a terrible life, or she’s omitted nicer parts for the sake of shock value. Either way, her argument comes across, loud and clear. One of the more noticeable points of Jacobs’ writing is that she constantly addresses the reader, particularly people from the North and in several cases, women. This entreaty usually comes at the end of every other paragraph, and so the account is made to seem more like an address than a narrative. Dozens of phrases like â€Å"Oh, reader †¦Ã¢â‚¬  or â€Å"If you only knew †¦Ã¢â‚¬  are to be found in the text, and these almost make the story sound too melodramatic for it’s own good, if the goal of the author is to encourage the abolition of slavery. Where Jacobs fails to do much with her overly emphasized diction, however, she comes through with her accounts and stories about her and her life, which speak for themselves as ultimately championing freedom for all humanity. One particular section of the text is more disturbing than the rest though, not for depicting an incident of excessive cruelty, but because of it’s revelations about Jacobs. When the author writes â€Å"Ta... Free Essays on Incidents In The Life Of A Slave Girl Ashley Hand Slavery: The Moral Corruption of Family â€Å"Incidents in the Life of a Slave Girl† is a narrative that describes a young girl’s trials and tribulations while being an involuntary member of the institution of slavery. Jacobs, like every other victim of the atrocity known as slavery, wishes that people in the north would do more to put a stop to this harmful practice. Slavery is an understood dishonor of the past. This is true, not only because of the injustices done to the slaves, but for the negative effects that the slave holders and their wives underwent. When there are basic rights of freedom being denied in a society, no ethical principles can be upheld. The fact that this sinful treatment of other human beings was permitted had a morally crippling effect not only on the principle victim, the slave, but on the entire household in which the slave resided. Slavery corrupted the morals of everyone within its reach. First and foremost, we must recognize that the primary and most directly affected victim due to slavery, is of course, the slave. Ranging from lashings, emotional struggles, and even death, slaves have felt the truest and most severe form of slavery. They are not allowed to own property because â€Å"according to Southern laws, a slave, being property, can hold no property†(6). Harriet Jacobs describes many of her misfortunes and happenings while under the thumb and close watch of Dr. Flint. She was degraded and insulted many times throughout her stay with him. For example, Jacobs recalls â€Å"When he told me that I was made for his use, made to obey his command in every thing; that I was nothing but a slave, whose will must and should surrender to his, never before had my puny arm felt half so strong†(18). This was only the beginning however, and pretty soon thereafter sexual advances were made by Dr. Flint in which he â€Å"peopled my young mind with unclean image s, such as only a vile monster could ... Free Essays on Incidents In The Life Of A Slave Girl â€Å"Incidents in the Life of a Slave Girl† is the story of a girl born into slavery who’s will and determination never waiver as she fights for her freedom and the freedom of her children. Harriet Jacobs’ story brings to life the reality of slavery; the cruelty, the sexual relationships between master and slave, the psychological abuse, the separation of slave families, the dangers of escape, and the kindness that can be found in the middle of it all. Harriet was fortunate to be born into a position in which she could live with her mother and father and in fact did not even know she was a slave until her mother died. At that time she was sent to live with her mother’s mistress. This was also a fortunate position as her mistress was kind and compassionate and vowed to care for her in thanks for the many loyal years of service her mother had provided. However, her luck would not last as her mistress died and left Harriet to her niece, a five year old girl. This is when Dr. Norcom, the father of her mistress, entered her life and changed it forever. At only 15 years old Dr. Norcom began pursuing and harassing Harriet sexually but her hatred for him and the moral upbringing provided by her grandmother made her continually refuse and evade him. Harriett met another white man who became her lover and had two children with him. Because of the laws of that time her two children immediately became the property of Dr. Norcom as she was. Their father tried to buy her and their children but Dr. Norcom refused. Because of this, Harriett feared for her children and seriously began planning an escape. She ran away and after being hidden a few places by friends of the family she finally was hidden in the tiny crawl space above her grandmother’s house. The space was barely large enough for her body and allowed only limited movement. The space had no insulation or ventilation and so provided unbearable conditions for Harriett...

Shock Art essays

Shock Art essays How has art that has shocked, influenced the views of the public and the art establishment, through the centuries? Art which has shocked has always been a controversial topic, because it commands a response, whether the spectator be affected with shock, daze, or surprise, this as a result has influenced the views of society through the ages. I have chosen to study the above subject matter as it is a topic in which I have experienced in my life time already and therefore is a topic I can broach, analyse and be influenced by. Many of the artists that I have chosen to analysis were outcasts amongst peers, whilst some were and are icons of their own movements; however whatever their status many of them were met with controversy as their ideas were seen as distasteful and disagreeable by the public, rather than radical and inspirational. I intend to analyse the work of artists who have shocked throughout the timeline, from when social barriers were high and restricting in the period of Fauvism and Picasso, pending through the centuries finishing with modern artists today and the relative freedom which they now express. The aim is to find conclusive evidence to firstly answer the title of the investigation, and secondly to understand the true concept of shock, how it is created, the motives behind its creation and what factors influence the artist. So from the Fauvists to Jake and Dinos Chapman I welcome you to follow the long line of trend makers who have rocked the art establishment over the centuries. ...

W3,DQ-4 Essay Example | Topics and Well Written Essays - 250 words

W3,DQ-4 - Essay Example Scientific development is the cumulative growth of a knowledge system over time where useful elements are retained, and non-useful elements are deserted rooted in the verification or rejection of testable knowledge (Zwick & Cayla, 2011). Cultural progress is inextricably connected to both technological and scientific progress. Culture naturally concerns much more than just science and technology, but for Merck to be progressive, it has to meet the above explanation of cumulative growth through thanking the past (Zwick & Cayla, 2011). In science, useful elements are retained, and non-useful elements are discarded through the verification or dismissal of testable knowledge. Merck, therefore, should consider that scientific methods, in this way, are created to be progressive (Gilbert & Sarkar, 2005). In technology, on the other hand, useful elements are preserved and non-useful elements are discarded rooted in the market’s rejection or approval of the technologies. The market for science is mainly the community of scientists, but for technology, the market is mainly Merck’s stuff. In order for Merck to be successful, they need to endorse science and technology to the core to avoid such wrangles (Zwick & Cayla, 2011). Above all, the corporation is built on a firm scientific-led culture; therefore, they should work to ensure that this objective is

Knowledge Management Foundations of IT Systems Essay

Knowledge Management Foundations of IT Systems - Essay Example In addition, this process engages bringing jointly fundamentally enhanced business procedures, technology solutions and shared e-commerce to carry-out step for change developments in operational productivity and customer service (The Knowledge Management Forum, 1996) and (Levinson, 2011). Moreover, knowledge management offers suggestions to solve various serious issues of corporate adaptation, continued existence and capability against fundamental discontinuous environmental transformation. Fundamentally, it exemplifies an organizational procedure that looks for synergistic arrangement of data and information processing capability of information technologies, and the inspired and inventive capability of human beings. However, knowledge management is more and more concerned with the practical implementation as it is not in the theoretical description though in real world implementation wherein lie the maximum opportunities and challenges. Thus, all the scenarios regarding knowledge ma nagement must be understood inside the precise context of predictable performance outcomes and value propositions that respond the issues (Brint, 2011) and (Knowledge Management Gateway, 2011). Why Knowledge Management? Knowledge management is a wide-ranging task and fundamental component of corporate activities. Perhaps at the present organizations are interested in developing their personal business knowledge management competencies, to develop into a more efficient player in the worldwide knowledge financial system, or turning into a more viable knowledge leader and knowledge ambitious organization (Knowledge Management Online, 2011). Additionally, at the present knowledge management is implemented across the globe, in all the types and industry regions, private and public organizations and humanitarian institutions as well as international charities. In this scenario, efficient knowledge management is recognized to be a very critical way of new knowledge and novel ‘ideas' to the modernism procedure, to new inventive products, services and solutions. However, knowledge management, as a way, must help organization attain organizational goals, or still go beyond their aims and objectives. In addition, the idea of knowledge management is not to immediately turn into a more knowledgeable organization, however to be capable to produce, shift and implement knowledge with the purpose of attaining objectives (Knowledge Management Online, 2011). Implementing Knowledge Management System An organization that is interest in implementing KM system they must immediately take some of or all of the below given steps of efficient knowledge management. Additionally, these steps are outlined as separate steps, as well as sequentially, however they ultimately require to be measured as inter-related mechanisms, as fraction of a holistic technique to knowledge management. In this scenario, one initial step is to rapidly assess organization or team’s directions as we ll as willingness for knowledge management. I have outline below some important steps of KM technology application for any corporation. Thus an organization must follow these steps for successful completion and achievement of the project: (Knowledge Management Online, 2011) Free KM Assessment Survey Knowledge Management Education Knowledge Management Consulting Knowledge Management Roles and Responsibilities Knowledge Management Processes, Methods and Tools Knowledge Competencies Knowledge Networks Knowledge