Culture and custom Essay Example | Topics and Well Written Essays - 250 words

Culture and custom - Essay Example As far as American traits are regarded in comparison to the German traits, we can find some similarities and some contrasts. All the people living in this world adopt certain habits and characteristics on the basis of social setup of their own land. Americans like Germans also adopt certain features such as they are also fond of eating like Germans, they are also friendly but they are somewhat arrogant on the basis of their standing in this world. In today’s world, America is regarded as the top most nation with maximum opportunities to gain success, therefore, the people also carry this opinion and consider themselves unique due to which, arrogance can be noticed in their routine attitudes. However, all people cannot be categorized as the same. Americans also speak good English but English is their native language and speaking it nicely is their compulsion. Americans and Germans carry some characteristics that are similar such as eating fondness, speaking good English while their good humor and good nature is not considered as their

Criminal Investigation Essay Example for Free

Criminal Investigation Essay By general definition, an informant is an individual who gives privileged or highly valuable informations regarding a certain person, organization, or group to a certain agency (usually the law enforcement agencies such as the police or the military), without the knowledge of that person, organization, or group that disclosed the information. Based on the definition alone, I think that one of the most common stereotypes that I can hold regarding informants is that they are untrustworthy. Other terms or stereotypes used for informants are rats, snitches, or whistleblowers, which indicate that they will always divulge any valuable piece of information they obtain to the person or organization they are working for. While it is true that informants are very useful in the investigations of police and military operations, there are also times when they prove to be highly dangerous and threatening to a persons life. For example, a person posing as an investigator but is actually an informant may casually ask questions about someone close to me. Little do I know, the informant is working for a criminal organization who is after one of my friends or one of the people I know. Basically, these views towards informants would compel me to be more cautious when dealing with people likes these especially if I notice that they are asking too much information that is seemingly out of place. However, if the informant claims that he or she is assisting a pending police investigation, then I would first verify the authenticity of his or her position before I would disclose any information to him or her. In other words, when dealing with people, especially those whom I have recently met, I would be very careful whom I trust.

The Marketing And Sales Departments :: Business Marketing

Marketing and sales department is responsible for making sure customers know about the business. This may include market research, advertising and sales promotions, the creation and development of a website (although it maintenance maybe undertaken by I.T support staff). The sales departments responsible for selling the items to the customer and keeping sales records. The areas of responsibility are Market Research, Promotional Activities and Sales. Market research aims to find out customers needs and views on new products and services also old products and service, Promotional Activities is because businesses need to promote their products and services otherwise customers would be aware that they exist, the range of available methods including advertising, sales promotion etc, sales, merchants are employed by companies making house hold products to visit supermarkets to persuade them to stock their brands. The advantages of the marketing and sales department is that they will research information find new trends that will sell, also promote products that are attractive as well as best selling. The problems that occur within the marking and sales department are the research being wrong so instead of profit they lose, products could be out of date and rotten also the advertisements for a product will cost money The marketing and sales department helps achieve the aims and objective of EA^T by making profit margins larger and to increase stock if products sell fast and by that happening it could happen it could help them reach their target price. The departments communicate two ways internally and externally, I will give two examples of internal and external communication. Internally they communicate by informing customer’s service department of a new product that they will sell and this would be communicated either by telephone or e-mail, they would communicated it this way because this are the ways that new products are most seen or heard because they are not really avoidable i.

Sylvia Plath :: Biography Biographies Essays

Sylvia Plath      Ã‚  Ã‚  Ã‚   Sylvia Plath was a remarkable twentieth century American poet. Her poetry focused on depression, aspects on suicide, death, savage imagery, self-destruction and painful feelings of women. Plath attempts to exorcise the oppressive male figures that haunted her life served as one of the fundamental themes in her poetry.    Her poetry is a good example on how "suffering and transformation could be within traditional poetic contexts" (Initiation p.142). She also believed that a poem "must give an expression to the poet's own anguish because suffering has become the central fact of historical and personal existence" (Initiation p.143). This is what she believed and how she dealt with her problems by expressing her feelings through poetry. Though what was expressed in her poems also portrayed her fate in suicide.    Sylvia Plath was born on October 27, 1932 in Boston, Massachusetts to Otto and Aurelia Plath. Her father, Otto Plath was a German biology professor at Boston University. Her mother, Aurelia, was a high school English teacher, until she married and became a homemaker. When Sylvia was only eight, her father died from complications of undiagnosed diabetes, which also scarred her for life. At this same age she started her career as writer she published her first couplet in the Boston Sunday Herald, and since then has persistently worked on poetry and her writings.    In high school, she was a remarkably intelligent, popular, student. She was the typical "Straight A's" girl. As a member of the National Honors Society, she received a scholarship to attend Smith College in 1950. While studying creative writing and graphic arts in her third year of college, she was a guest editor in Mademoiselle Magazine. Shortly after that, on August 24, 1953, because of extreme depression, she attempted to commit suicide for the first time by taking a large dose of sleeping pills. She was later treated with intense psychotherapy and electroshock therapy in a private hospital. After a long recovery, she returned to Smith College and graduated in 1954. This incident is well described in the Bell Jar, her second published novel.    By now her career as a poet and writer was not going well, after forty-five rejections from newspapers and magazines, Seventeen magazine agreed to have one of her stories to be published. Later, it was announced that she had received third place in Seventeen Magazine's writing contest. Sylvia Plath :: Biography Biographies Essays Sylvia Plath      Ã‚  Ã‚  Ã‚   Sylvia Plath was a remarkable twentieth century American poet. Her poetry focused on depression, aspects on suicide, death, savage imagery, self-destruction and painful feelings of women. Plath attempts to exorcise the oppressive male figures that haunted her life served as one of the fundamental themes in her poetry.    Her poetry is a good example on how "suffering and transformation could be within traditional poetic contexts" (Initiation p.142). She also believed that a poem "must give an expression to the poet's own anguish because suffering has become the central fact of historical and personal existence" (Initiation p.143). This is what she believed and how she dealt with her problems by expressing her feelings through poetry. Though what was expressed in her poems also portrayed her fate in suicide.    Sylvia Plath was born on October 27, 1932 in Boston, Massachusetts to Otto and Aurelia Plath. Her father, Otto Plath was a German biology professor at Boston University. Her mother, Aurelia, was a high school English teacher, until she married and became a homemaker. When Sylvia was only eight, her father died from complications of undiagnosed diabetes, which also scarred her for life. At this same age she started her career as writer she published her first couplet in the Boston Sunday Herald, and since then has persistently worked on poetry and her writings.    In high school, she was a remarkably intelligent, popular, student. She was the typical "Straight A's" girl. As a member of the National Honors Society, she received a scholarship to attend Smith College in 1950. While studying creative writing and graphic arts in her third year of college, she was a guest editor in Mademoiselle Magazine. Shortly after that, on August 24, 1953, because of extreme depression, she attempted to commit suicide for the first time by taking a large dose of sleeping pills. She was later treated with intense psychotherapy and electroshock therapy in a private hospital. After a long recovery, she returned to Smith College and graduated in 1954. This incident is well described in the Bell Jar, her second published novel.    By now her career as a poet and writer was not going well, after forty-five rejections from newspapers and magazines, Seventeen magazine agreed to have one of her stories to be published. Later, it was announced that she had received third place in Seventeen Magazine's writing contest.

Contract Law

Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB Contract Law Introduction In today’s economic climate businesses often exert commercial pressure during contract negotiation stages. This is a normal part of the process and parties to a contract generally know when pressure being exerted is lawful. Although there is a difference between commercial negotiation and illegitimate pressure, it is often difficult to distinguish between the two. Furthermore, because economic duress can arise from pressure that is not in itself unlawful, parties may be unaware that the pressure they are subjecting a party to a contract is actually economic duress. Despite this, if a court finds that one party to a contract has exerted illegitimate pressure on another party, the innocent party may be able to establish a claim of economic duress. Given how uncertain the economy is at present, hard bargaining is a common form of negotiation, though it is vital that businesses are aware of the risks when exerting pressure that is likely to be deemed illegitimate. It is unclear ho w this distinction can be made, nonetheless, which suggests that further clarity is needed within this area. This study intends to explain the developments that have taken place in the doctrine of economic duress and why the courts perceived a need for a more robust approach in light of the Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 case. Duress Duress is a common law defence that allows a contract to be set aside in instances where one party has been subjected to force or pressure from the other party to enter into the contract. Duress has been defined as â€Å"making someone do something against his will, or making someone perform an illegal act, by using threats, coercion or other illicit means† (Dictionary, 2014: 1). Duress is basically the use of unlawful means to force another to perform an act by either threatening them or performing an act of violence. The party claiming duress will be required to show that they did not have a choice but to enter into the contract (Cserne, 2009: 57). Economic duress, on the other hand, is a fairly new phenomenon that is becoming an important tool for determining whether a contract that has been entered into is enforceable or not. Economic duress happens when a person’s economic interests are damaged from being forced or coerced into entering into a contract. This type o f duress has been defined as the â€Å"unlawful use of economic pressure and/or threats intended to overcome the free will of a person, in order to force him or her to an involuntary agreement or to do something that he or she would not otherwise do† (Business Dictionary, 2014, 1). Economic duress is essentially a contract law defence that allows a person to dispute the formation of a binding contract by arguing that that they were forced to enter into the contract. Previously, parties to a contract could only rely on the doctrine of consideration for protection when they were being subjected to economic duress. Consideration is the price that one party will pay for another party’s promise (Card et al; 2003: 63); Collins v Godefroy (1831) 1 B&Ad 950. The doctrine of consideration does not allow parties in a contract to insist on further payments to perform tasks they are already required to perform under the contract simply because they are in a stronger bargaining pos ition; Stilk v Myrick (1809) 2 Camp 317. Economic Duress and Commercial Pressure It is now widely accepted by the courts that undue commercial pressure can amount to duress. The doctrine of economic duress has evolved significantly from various trade union decisions including; Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 and Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152. In The Universe Sentinel, a trade union, which had blacklisted a ship, forced the owner to provide payment before they would remove the ship from the black list. As there would have been disastrous consequences if the ship could not sail, the owner made the payment. Because the ship owner had no other practical choice but to make the payment, he later brought a successful claim for the recovery of the money by establishing economic duress. Similarly, in The Evia Luck a trade union insisted that a ship owner signed various contractual documents so that his ship could sail, which was fou nd by the court to be a form of economic duress. In order to make an economic duress claim, there are a number of elements the claimant will need to be established. These are; a) that the pressure was illegitimate; b) that the pressure was a significant cause that induced the claimant to enter into the contract; and c) that the practical effect of the pressures means that the claimant has no other choice but to enter into the contract (Ohrenstein, 2013: 2). The claimant will be entitled to avoid the contract and claim restitution of any monies that have been paid under it if these elements can be established. In deciding what amount to illegitimate pressure, the court will take a range of factors into account. For example, in DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 it was made clear that the court will be required to consider whether the breach of contract was an actual or threatened breach; whether the person whom exerts the pressure has acted in good or bad faith; whether the claimant had any real or practical alternative but to give in to the pressure; whether the claimant protested at the time; and whether the claimant sought to rely on the contract. One of the most successful forms of economic duress is a threat to breach a contract. In Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 charterers of two ships threatened to break their charterparties by refusing to pay the agreed charter rate if the rate was not lowered. The owners of the ships had been informed that the charterers had no substantial assets and that the charterers would otherwise go into liquidation if the charter rates were not lowered. This information was not actually true but it caused the owners to reduce the rates nevertheless. It was found that economic duress could apply to this situation as all of the relevant factors were present. Since this decision, the courts seem to have accepted that economic duress is coercive and therefore worthy of the same relief as duress to the person or property (Chen-Wishart, 2012: 316). In spite of this, the practical application of economic duress has been subject to much confusion and it has been questioned when, if ever, renegotiations should be enforced. It would seem, under the doctrine of consideration, that renegotiations can never be enforced on the basis that â€Å"no additional consideration supports the promise to pay more or accept less† (Chen-Wishart, 2012: 316). Under the promissory estoppel doctrine, the promise to pay the same for less can be enforced in limited circumstances, though this does not apply if illegitimate pressure has been exerted. Therefore, if it can be demonstrated that illegitimate pressure has been applied to the renegotiation of a contract, that contract will not be enforceable. Because commercial contracts are extremely competitive, it is likely to be the case that some form of pressure will always be applied. Though the question to be determined is whether the pressure that has been applied is legitimate or not. This is l ikely to be extremely problematic and thus cause a great deal of complexity for the courts. As exemplified in the cases above, threats to blacklist a ship and refuse its release may constitute duress. Further examples of where economic duress has occurred can be seen in the cases of North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 and Pao On v Lau Yiu Long [1979] UKPC 17 where threats to terminate a contract in the absence of a renegotiation is also illegitimate unless it can be legally justified. What will be deemed â€Å"legally justified† is largely a matter to be determined based upon individual facts and circumstances, though there is likely to remain a lot of confliction in this area. In Williams v Roffey Brothers Ltd [1991] EWCA Civ 5 the Stilk case was severely limited by the courts. Here, the consideration requirement was extended to include â€Å"practical benefits† and thereby covered the promise to perform an existing contract. Here, a number of contractors promised to refurbish 27 flats with a sub-contractor performing the carpentry. Before the flats were finished, the sub-contractor realised that he had under-priced the contract and was resultantly facing financial difficulty. The main contractors offered the sub-contractor a financial inducement to finish the contract on time. It is trite law that consideration is needed for a party to that contract to be able to sue on it. Since the sub-contractor was doing no more than he was already bound to do under the contract, consideration was lacking. Surprisingly, it was held by the court that because the contractors had received a benefit from the sub-contractor, in that they avoided the penalty clause of the main contract, the sub-contractors claim was successful. This did not mean that consideration was present as the benefit did not move from the promisee, although there was a clear departure from the orthodox principle of consideration principle. The doctr ine of consideration maintains that a contract will not be supported by the performance of an existing duty unless that duty exists by virtue of a third party contract (Noble, 1991: 141). This decision conflicts with the decision in Stilk which demonstrated that consideration needs to be of economic value to be deemed good consideration and that it needs to move from the promise as also shown in; White v Bluett (1853) 23 LJ Ex 36; Thomas v Thomas (1842) 2 QB 851; Shadwell v Shadwell (1860) 9 CBNS 159; and Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295). It has also been argued by Cheshire et al; that; â€Å"the time has come to recognise formally the alternative definition of consideration and admit that the rationale behind the refusal to enforce some types of consideration is pure policy† (Cheshire et al; 2012; 77). Arguably, it appears that the consideration principle is rather outmoded and in need of reform so that a more robust approach to economic duress can be taken by the courts. At present, much confusion arises as to when economic duress can be used as a defence. Judges thus need to err on the side of caution to prevent commercial pressure being mistaken for economic duress and vice versa. Still, as stressed by the court in Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481; â€Å"the list of matters to be considered in assessing legitimacy is not exhaustive, and the weight to be attached to each of them will depend on the facts of the individual case.† Furthermore, it was also stated in the case that the decision to be made will involve some element of value judgement when considering whether the pressure that was exerted on the claimant crossed the line from that which must be accepted in normal robust commercial bargaining. It is clear from the decision in this case that the courts have made some attempts to provide clarity in this area and that each case will be decided on its own facts. In the more recent case of Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 it was evidenced that a contract variation between a supplier and a customer will unlikely amount to duress if the supplier is unable to perform a contract as a result of financial difficulties that will cause the supplier to become insolvent. Another problem that arises when it comes to economic duress is whether lawful conduct can amount to illegitimate pressure. Whilst it is possible, it is also extremely rare as shown in CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19; GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) and Wright v HSBC Bank plc [2006] EWHC 930 QB. Consequently, economic duress will continue to pose many problems as there will always be a debate as to whether particular circumstances may or may not give rise to a claim for economic duress. Because of the uncertainty within this area, it is evident that a more robust approach needs to be taken so that greater clarity and consistency can be provided. Economic duress has also been criticised for being causation-led, thereby meaning that a lack of causation will prevent a successful claim from being made. In Pao On v Lau Yiu Long [1979] UKPC 2 it was pointed out by Lord Scarman that in deciding whether causation was present, it will need to be considered whether the claimant; a) protested; b) had a practical alternative open to him; c) received independent advice; and d) acted promptly. This decision has been criticised for being inconclusive and failing to take into account the fact that claimants may not think that there is any point in protesting. This was recognised by Chen-Wis hart when it was argued that; â€Å"these factors are inconclusive. The victim may not protest because he sees no point in it or he may not wish to antagonise the coercing party whose performance he needs† (Chen-Wishart, 2012: 318). It is clear that the facts and circumstances of each case will be the determining factor as to whether the claimant has suffered economic duress or not. Because of the uncertainty that exists in this area, however, it is often difficult for those entering into commercial contracts to acknowledge that they are exerting pressure that is considered illegitimate, especially when there is a possibility that lawful pressure will also be capable of amounting to economic duress. As a result of this, Young warns against exerting commercial pressure that the courts may possibly consider economic duress: â€Å"Abusing your upper hand can leave the strong open to claims† (Young, 2012: 23). Conclusion Overall, whilst the doctrine of duress is well established in English law, the doctrine of economic duress still remains largely uncertain. This generally arises from the difficulty of distinguishing between legitimate and illegitimate economic duress. As such, it is up to the courts to decide when a person’s economic interests have been damaged from being forced or coerced into entering into a contract. Hence, the court will be required to consider whether the re-negotiation of the terms of the contract were lawful and whether the person being subjected to the economic duress, should be entitled to rescind the contract that they entered into. This is an important defence in ensuring that parties to a contract have equal bargaining power. Nevertheless, the practical application of economic duress has been subject to much confusion over the years, which may result from the reasoning that has been provided by the courts. There appears to be a lack of consistency that is being pr ovided, which highlights the need for future reform to this area. Whilst there is a difference between commercial negotiation and illegitimate pressure, it has proven extremely difficult to distinguish between the two, especially since lawful conduct can also amount to illegitimate pressure. In order to provide clarity to this area, it seems as though a more robust approach is therefore needed by the courts. References Business Dictionary. (2014) Economic Duress, [Online] Available: http://www.businessdictionary.com/definition/economic-duress.html [07 July 2014]. Card, R. Murdoch, J. and Murdoch, S. (2003) Estate Management Law, OUP, 6th Edition. Carr, N. (2011) Walking the Line – The Balance Between Legitimate Negotiation and Economic Duress, Available [Online]: [07 July 2014]. Chen-Wishart, M. (2012) Contract Law, Oxford University Press. Cserne, P. (2009) Duress in Contracts: An Economic Analysis, Contract Law and Economics, Volume 6, 2nd Edition. Furmston, M. P. Cheshire, G C. and Fifoot, C H. (2012) Cheshire, Fifoot and Furmston’s Law of Contract, Oxford University Press: London. Dictionary. (2014) Duress, [Online], Available: http://www.yourdictionary.com/duress [07 July 2014]. Noble, M. (1991) For Your Consideration, New Law Journal, Volume 141, Issue 1529. Ohrenstein, D. (2013) Key Developments in Contract Law: Economic Duress, Radcliffe Chambers, [Online] Available: http://www.radcliffechambers.com/media/Misc_Articles/Key_Developments_in_Contract_Law_-_Economic_Duress_2013.pdf [07 July 2014]. Young, A. (2012) When Pressure Turns to Duress, Construction Law Journal, Volume 23, Issue 5. Cases Adam v Opel Gmbh v Mitras Automotive [2007] EWHC 3481 Collins v Godefroy (1831) 1 B&Ad 950 CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 Dimskal Shipping v International Works Federation (â€Å"The Evia Luck†) [1992] 2 AC 152 DSND Subsea Ltd v Petroleum Geo Services ASA [2000] EWHC 185 GMAC Commercial Credit Ltd v Dearden [2002] All ER (D) 440 (May) Kolmar Group AG v Traxpo Enterprises Pyt Ltd [2010] EWHC 113 North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd [1979] QB 705 Pao On v Lau Yiu Long [1979] UKPC 17 Scotson v Pegg (Scotson v Pegg (1861) 6 H & N 295) Shadwell v Shadwell (1860) 9 CBNS 159 Siboen and The Sibotre [1976] 1 Lloyd’s Rep 293 Stilk v Myrick (1809) 2 Camp 317 Thomas v Thomas (1842) 2 QB 851 Universe Tankships v International Workers Federation (â€Å"The Universe Sentinel†) [1983] 1 AC 366 White v Bluett (1853) 23 LJ Ex 36 Williams v Roffey Brothers and Nicholls (Contractors) Ltd [1991] 1 QB 1 Wright v HSBC Bank plc [2006] EWHC 930 QB

Free Essays on Violence In Media

I think that the media have little to do with the increase in violence. Too many people try to place the blame of their actions on someone or something else. I think that there are several steps that should be taken to eliminate violence. Factors that are to blame for violence are parents roles in their children's lives and personal responsibility. Consequences should be more effectively carried out. Alternatives to violence should be encouraged and practiced on a greater scale. I think that the process of discouraging violence should begin at home. Parents should raise their children with the values and morals to act responsibly and take the blame for their own actions. Parents should act in a manner than reflects this theory. Most people can control their actions and refrain from violent acts. If parents encourage better behavior then children will carry out this behavior throughout their adult lives. When people see violence in the media, they are often shown that there are no consequences of violence. People know the difference between reality and fantasy. In reality, there are consequences, however, they are not always as strict as they could be. People should be aware of these consequences, and they should take responsibility for their own actions. My next point is that if consequences were inforced more then this would discourage people from resorting to violence. When people see that others are being punished for their negative actions they will see that "crime doesn't pay." This will prevent more people from committing these crimes and violent acts. People are entertained by violence. Media show what audiences are interested in. I think that there is no harm in this. This is when the concept of reality and fantasy become involved. People know that when they are watching these programs they are fake or fantasy. People watch these programs to escape from the real world and retreat to a wo... Free Essays on Violence In Media Free Essays on Violence In Media I think that the media have little to do with the increase in violence. Too many people try to place the blame of their actions on someone or something else. I think that there are several steps that should be taken to eliminate violence. Factors that are to blame for violence are parents roles in their children's lives and personal responsibility. Consequences should be more effectively carried out. Alternatives to violence should be encouraged and practiced on a greater scale. I think that the process of discouraging violence should begin at home. Parents should raise their children with the values and morals to act responsibly and take the blame for their own actions. Parents should act in a manner than reflects this theory. Most people can control their actions and refrain from violent acts. If parents encourage better behavior then children will carry out this behavior throughout their adult lives. When people see violence in the media, they are often shown that there are no consequences of violence. People know the difference between reality and fantasy. In reality, there are consequences, however, they are not always as strict as they could be. People should be aware of these consequences, and they should take responsibility for their own actions. My next point is that if consequences were inforced more then this would discourage people from resorting to violence. When people see that others are being punished for their negative actions they will see that "crime doesn't pay." This will prevent more people from committing these crimes and violent acts. People are entertained by violence. Media show what audiences are interested in. I think that there is no harm in this. This is when the concept of reality and fantasy become involved. People know that when they are watching these programs they are fake or fantasy. People watch these programs to escape from the real world and retreat to a wo...

Caffeine Addiction essays

Caffeine Addiction essays Caffeine. It helps millions of people wake up and feel better in the morning. It helps them stay awake on the road. It gives them something nonalcoholic to drink socially. And it gives people that extra burst of energy we all seem to need sometimes. But do people realize when they take that sip of coffee, or bite into that bar of chocolate they are contaminating their body with what could be a very dangerous drug? Because thats just what caffeine is, a drug. According to Richard J. Gilbert, Ph.D., writer of The Encyclopedia Of Psychoactive Drugs: Caffeine: The Most Popular Stimulant, most people only recognize two types of drugs. The first type consists of drugs you receive from doctors or pharmacists. The second includes substances such as marijuana, heroin, nicotine, and alcohol. People dont acknowledge caffeine as a drug only because the use of it is so wide spread. But not only is caffeine a drug, it is the worlds most popular drug (19). Individuals encounter it on a daily basis, but many people do not realize why abuse of caffeine is a problem; nevertheless, all people should be aware of the problems caused by the drug caffeine to better prevent themselves from addiction. And just like any other drug, effects of caffeine are far-reaching and can be quite serious. The origins of caffeine are fairly unknown. Yet, Caffeine Blues: Wake up to the Hidden Dangers of Americas #1 Drug by Stephen Cherniske, M.S., tells a tale that traces its discovery to a goatherd dwelling in Ethiopia. Apparently, a goatherd was watching some birds eat berries from a wild evergreen bush. The animals, to his amazement, suddenly started to leap about with wild abandon. He then tried some of the berries, and soon began to leap as well (13-14). The coffee plant as they called it, eventually made its way to the Arab monks during the thirteenth century. They then discovered that the beans from this plant could be made into ...

The 10 Stages of a Criminal Case

The 10 Stages of a Criminal Case If you have been arrested for a crime, you are at the beginning of what could become a long journey through the criminal justice system. Although the process may vary somewhat from state to state, these are the steps that most criminal cases follow until their case is resolved. Some cases end quickly with a guilty plea and paying a fine, while others can go on for decades through the appeals process. Stages of a Criminal Case ArrestA criminal case begins when you are arrested for a crime. Under what circumstances can you be arrested? What constitutes being under arrest? How can you tell if you have been arrested or detained? This article answers those questions and more. Booking ProcessAfter you are arrested you are then processed into police custody. Your fingerprints and photo are taken during the booking process, a background check is performed and you are placed in a cell. Bail or BondThe first thing you want to know after being placed in jail is how much its going to cost to get out. How is your bail amount set? What if you dont have the money? Is there anything that you can do that might influence the decision? ArraignmentUsually, your first appearance in court after you have been arrested is a hearing called the arraignment. Depending on your crime, you may have to wait until the arraignment to have your bail set. It is also the time that you will learn about your right to an attorney. Plea BargainingWith the criminal court system overwhelmed with cases, only 10 percent of cases go to trial. Most of them are resolved during a process known as plea bargaining. But you have to have something with which to bargain and both sides must agree on the agreement. Preliminary HearingAt the preliminary hearing, the prosecutor tries to convince the judge there is enough evidence to show that a crime was committed and you probably committed it. Some states use a grand jury system instead of preliminary hearings. It is also the time that your attorney tried to convince the judge that the evidence is not convincing enough. Pre-Trial MotionsYour attorney has the opportunity to exclude some of the evidence against you and try to establish some of the ground rules for your trial by making pre-trial motions. It is also the time when a change of venue is requested. Rulings made during this stage of the case can also be issues for appealing the case later. Criminal TrialIf you are truly innocent or if you are not satisfied with any plea deals offered to you, you have the option to allow a jury to decide your fate. The trial itself usually has six important stages before a verdict is reached. The final stage is right before the jury is sent to deliberate and decides on your guilt or innocence. Prior to that, the  judge explains what legal principles are involved with the case and  outlines the ground rules the jury must utilize during its deliberations. SentencingIf you plead guilty or you were found guilty by a jury, you will be sentenced for your crime. But there are many factors that can affect whether you get a minimum sentence or the maximum. In many states,   judges must also hear statements from the victims of the crime before sentencing. These  victim impact statements  can have a significant influence on the final sentence. Appeals ProcessIf you think a legal error caused you to be convicted and sentenced unfairly, you have the ability to appeal to a higher court. Successful appeals are very rare, however, and usually make headlines when they happen. In the United States, everyone accused of a crime is assumed innocent until proven guilty in a court of law and has the right to a fair trial, even if they cannot afford to hire their own attorney. The criminal justice system is there to protect the innocent and seek the truth. In criminal cases, an appeal asks a higher court to look at the record of the trial proceedings to determine if a legal error occurred that may have affected the outcome of the trial or the sentence imposed by the judge.

Strategy of Resisting Unfair Competitor Speech or Presentation

Strategy of Resisting Unfair Competitor - Speech or Presentation Example In addition to the functions which we provide in the I Phone, XYZ has also added a few new functions such as Wi-Fi technology and GPRS system which can attract potential customers. They have also added dedicated keys to music player which would be appealing to the market of customers of the age group between 16 and 22, the segment which is the largest purchaser of our product. A similar product to I phone with additional features and a lower price can be a big threat to the sales of I Phone as we can lose a large market share once this product is launched. Therefore, we need to take considerable steps to maintain the market share of our product and to attract new customers. I brought this issue in the knowledge of our marketing director and asked him to present me a detailed report on the steps which our marketing division can take to cope up with the situation and maintain the market share of I Phone. Yesterday, he presented me with a detailed report with all the proposed marketing strategies which Apple Co. can take to handle the new competition.   In the following section, I am presenting the marketing strategies which the marketing director has proposed taking into consideration the 4 Ps of marketing: Marketing director’s proposal: I phone is a cell phone designed for the market segment of age group between 16 and 22, that is, high school and college students and belonging to the upper middle and high-income group. This segment is found in locations such as schools, colleges, malls, concerts, and clubs. The segment also uses media such as the internet on daily basis for long hours and spends time on social networking websites. People in this age group highly rely on peers and social groups before making any buying decisions. Moreover, people in this age group are considered as Generation Y and gather a lot of information before making any purchase such as a cell phone as they seek value for money. In order to market the product to this segment, both ATL and BTL marketing activities play an equally important role. This segment, which is known as Generation Y, are very different from the other market segments as they are well informed and look for value for money. They are not influenced a lot by the brand name. X phone, which is a replica of I phone with additional features and a lower price would be able to gather a large market share if we do not take immediate steps to counter their marketing activities. Following is the proposed marketing mix which Apple Co. can use to market I phone under the new conditions. Product: Although I phone contains many innovative features and functions when it was launched, but now that a similar product is coming in the market, we need to make some product improvements in our existing model in order to make it more appealing to teenagers and young adults, who are our main market. By adding new innovative functions to our product, which are better than what X phone is offering, we can still manage to keep or even increase our market share.   In order to find new and attractive functions, we would need to make some extensive research and development.

Hell-Heaven Essay Example | Topics and Well Written Essays - 1000 words

Hell-Heaven - Essay Example Aparna was â€Å"even in her bleakest hours of homesickness she was grateful that my father had at least spared her a life in the stern house of her in-laws, where she would have had to keep her head covered with the end of her sari at all times and use an outhouse that was nothing but a raised platform with a hole† (DiYanni 350). Aparna’s husband and she were thrown together by chance. This part of her life was one of her metaphorical Hells. a release for Aparna. Since the outings were supervised by the narrator, Aparna’s husband felt â€Å"freed from the sense of responsibility he must have felt for forcing her to leave India† (DiYanni 351). Although the narrator did not realize it at the time, she later came to the realization that â€Å"It is clear to me now that my mother was in love with him† (DiYanni 351). Aparna had more in common with Pranab Kaku than with her husband. For example, â€Å"They had in common all the things she and my father did not: a love of music, film, leftist politics, poetry† (DiYanni 350). This relationship was Aparna’s Heaven. Another Hell for Aparna was the foreign atmosphere of America. Even in America Aparna wore Indian clothes. The narrator wrote, â€Å"given that my mother was wearing the red and white bangles unique to Bengali married women, and a common Tangail sari† (DiYanni 348). Aparna clung to her old Indian ways. She constantly chided Usha about the Bengali ways. Aparna admonished, â€Å"Don’t think you’ll get away with marrying an American, the way Pranab Kaku did† (DiYanni 356). The balancing act of raising an Indian daughter in America was Hell for Aparna. Bangladesh was Heaven for Aparna. That is why Aparna fell in love with Pranab Kaku, not for who he was, but what he represented. Pranab Kaku reminded Aparna of â€Å"cheerful songs of courtship, which transformed the quiet life in our apartment and transported my mother back to

Presidental and Parliamentary Systems of Government Term Paper

Presidental and Parliamentary Systems of Government - Term Paper Example Finally, conclusions were arrived at. The presidential separation of powers is not typical of modern constitutionalism. As such, there are several constitutional democracies that depict the commingling of governmental powers. Most of these systems of government are parliamentary systems. Such systems exhibit reliance of the head of government on the legislature for political survival. Another important trait exhibited by such governments is the power of the executive to declare elections by bringing about dissolution of the legislature.1 In the presidential systems of government, such powers are rarely encountered. These systems uphold the principle of separation of powers. The latter provides a governmental branch with the power to oversee the actions of the other branches, which generates a system of governance based on mutual distrust between the various branches of the government. Such invasive overlap among government branches ensures that no specific branch of government obtain s absolute power.2 In the US, delegation of power is quite strong, and society is politically active to a considerable extent, and there is extraordinary support from all quarters to the principle of democracy. Thus, the US represents a strong presidential system of government that differs from the Westminster model of democracy. The latter supports parliamentary democracy.3 The presidential system of the US establishes a strong President in the White House, who acts as the head of the state. In the Westminster model, the Prime Minister holds the position of pre-eminence. Despite these differences, both models focus on the concentration of power in the political party that has control over the legislature. In some democratic countries of Latin America, power is concentrated in the hands of a single person or party. Examples of such regimes are to be found in Venezuela, Colombia, and Costa Rica. 4 In the presidential systems of Greece and France, the President is elected by the peopl e and power is concentrated in the office of the President. These systems are known as delegate democracies. 5 The presidential system of government frequently includes a bicameral legislature. The passage of any law requires control over the executive, and the upper and lower houses of the legislature. These three entities are not elected at the same time and in the same election, which drastically increases the scope for dissent. 6 Parliamentary democracy is characterized by comparatively better stability. However, development in a country results in people aspiring for greater freedom with regard to expressing dissent. In addition, there is a greater tendency to spread different viewpoints. In the UK these desires have led to a gradual transition of the system of government towards the presidential system. 7 In fact, there is little of the original Westminster model that pertains to the political system prevalent in the UK. It is now quite apparent that the parliamentary system w ith its stability and authoritarian norms is apt only as far as the developing nations are concerned. With growth among the populace of a nation, it becomes essential to adopt a system of government that replicates a presidential system of governance. 8 The President in a presidential system of governance appoints the members of the Cabinet. In general, the latter are not members of the

MENTAL HEALTH..... SOCIAL WORK DEGREE Essay Example | Topics and Well Written Essays - 3000 words

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Problematic situation is Contract Law Case Study

Problematic situation is Contract Law - Case Study Example It is fortunate the judge took the time to find where the problems lay and also decide the outcomes (GP Surveyors). In June 2003, Mr. Simon Davenport and Mrs. Angelika Davenport, husband and wife, engaged the services of a small and untried building contractor called TL Construction (UK) Ltd. ("TL") to carry out plastering, wiring and other such refurbishment work in their beautiful stucco terrace leasehold house located in Knightsbridge, SW3. Mrs. Davenport was in charge of all the work being carried out by TL. While she left the technical aspect of the work to TL, she provided most of the management needed to keep the work going through day to day close personal involvement and continuous monitoring of the finished product. Mrs. Davenport also looked after the co-ordination of the work of the building contractor with the directly engaged specialists. The work was done without any builder's specification. Mr. David Jones, surveyor and principal to Design Group Nine Ltd provided limited supervisory services. The work was paid for at cost and in cash and there was no defined contractual period or completion date or any clear definition of the specialist work such as the electrical work, plastering, joinery or painting work. After having paid a substantial amount and not satisfied with the work, they terminated their contract with TL nine months later during Easter 2004. The Davenports had paid out 147,000 and this amount was in excess of what had been quoted at the outset and the work was still significantly incomplete. The Davenports were unhappy with most of the work, particularly waterproofing and electrical works done by TL. They began to despair when the work kept dragging on even after nine months! The plastering and waterproofing was not only substandard but also erratic. Some weeks before terminating the contract with TL, the Davenports had engaged Monavon, following an introduction from Mr. David Jones, to install a new conservatory extension at the rear of the house. When the contract with TL ended on a sour note, Mr. Davenport invited Mr. Ian McGowan, Monavon's principal, to inspect the works and indicate how much he would charge for remedying the defective work left by TL. The work was to be done to a very high standard. Mr. Davenport also obtained quotations from two other contractors. He did not disclose this to Monavon. Mr. McGowan gave Mr. Davenport what he contends was a provisional guide price of about 100,000 which was less than half what the other two contractors had quoted. Mr. Davenport therefore decided to engage Monavon. Monavon carried out the work between April and September 2004. It was not to Davenports' satisfaction. The work by McGowan also took more time than was anticipated. It not only took more time, but the payments to be made were more than what the Davenports were ready to pay. Basically, there were three works that needed to be done. They were electrical work,

MENTAL HEALTH..... SOCIAL WORK DEGREE Essay Example | Topics and Well Written Essays - 3000 words

MENTAL HEALTH..... SOCIAL WORK DEGREE - Essay Example These measures will help autonomy in psychiatry, as stated by Richardson (2007: p.71). The AMHP who could be from any discipline in the health care field, would be required to coordinate the ‘preliminary examination’ of a person liable to be treated under a compulsory order, and to provide a non-medical assessment alongside the assessment of two medical practitioners (Hannigan & Hannigan, 2003: p.38). Details About Patient Being Brought to A & E: Keith Burrows was brought to the Melchester Mental Health and Social Care Trust’s A & E Department by the police at 4:20 am on a Section 136. He had banged on his neighbours’ door at about 2 am, demanding to see his mother. The elderly couple, both in their 70s, had called the police due to the disturbance caused by Keith. When he became aggressive towards the police, they used Section 136 on him, and brought him for assessment and evaluation to the A & E department. 2Section 136 enables a police officer to remove someone from a public place and take them to a Place of Safety for a duration of up to 72 hours. Section 136 states clearly that the purpose of being taken to the Place of Safety is to enable the person to be examined by a doctor and interviewed by an Approved Social Worker, and for the making of any necessary arrangements for treatment or care. Past History of Illness: Social work records show that Keith Burrows was admitted on a section in 2003. A Section 2 assessment had been done, as indicated in the social circumstances report prepared at that time. The social circumstances report indicates that Mr. Burrows was living alone in a housing association property. His sister Rosa Burrows had contacted the General Practitioner since she was concerned about his health and welfare. Their mother had died three months previously, after which Keith Burrows had become

Information Communication Technology Essay Example | Topics and Well Written Essays - 1500 words

Information Communication Technology - Essay Example From this research it is clear that a stand alone system can be helpful initially for the teachers to provide training to the users who are unfamiliar with the use of computer systems. A computer system helps in enhancing the knowledge new users who want to accelerate in this domain. A single or stand alone computer can only solve the issues who are just required in a closed vicinity. But when we have to think about the communication over the globe or whole world then the concept of computer networking can solve this issue. Networking helps in connecting computer systems over the globe and it provides an immense set of advantages in domain of ICT which we will have to discuss one by one.This paper highlights that  networking helps in file sharing between all the computers who are connected together. It provides a sort of more flexibility than using floppy drives and USB drive. We can share different types of data like photos, documents, music files, and many more. A network approac h also helps us in saving our important data on a different computer by using a home network. Home network helps us in making backup or duplicate copies of our critical data.  When a network facility is available and different computers are connected via media then it becomes easy to share a single printer among all computers.  When a shared printer will be available on the net then there would not be the need of jumping from one system to another one for printing purpose.

Judith Anne Neelley Essay Example for Free

Judith Anne Neelley Essay Judith Anne Neelley belongs to the growing list of women offenders convicted for heinous crimes. Just 18 years old, she was convicted in 1983 in Alabama for the brutal murder of a young girl and was meted the death penalty. However, contrasting views of whether the death penalty should be implemented and racial bias as well, influenced a former governor of the state to commute her sentence to life imprisonment in 1999 (ProsandCons.us, 2009). Her Crimes Sometime in 1980, she robbed a woman inside a mall at gunpoint (Ramsland, 2007). Two years later, she lured and kidnapped Lisa Ann Millican, 13 years old of Rome, Georgia, who was under the auspices of a home for neglected girls (Ramsland, 2007). She was sexually assaulted, stabbed, injected with drain cleaner, shot to death and her body pushed down a mountain where it was found days later (Ashley, 1999). After this, she persuaded a man and his companion to ride with her and show her around the town because she was new there. She then shot but did not kill the man John Hancock and took her girlfriend Janice Chatman to a motel where she and her husband molested and raped her (O’Shea, 1999). Over-all, she was involved in 15 murders that occurred not only in Georgia but also in Tennessee and Alabama (O’Shea, 1999). She also continually committed minor offenses such as swindling, car theft, petty theft, robbery and minor assaults (Furio, 2001). Social Background Judith Neelley did not attend middle school or high school and she was not known to hold any permanent job, doing odd jobs and also swindling and robbing in order to survive (Wetsch, 2005). As a teenager, she spent time in a youth center, having been abandoned by her parents. There she claimed that she was sexually assaulted (Wetsch, 2005). She was pregnant during her detention for armed robbery and at 15-years old she gave birth to twins (O’Shea, 1999). Her third child was also born in prison just before her trial for the murder of Lisa Millican. There is no mention of her family or childhood in the literature encountered as she was not fond of giving interviews. Marriage and Family Life At a very early age, she married Alvin Neelley who was twice her age, an ex-convict who served time for shooting his first wife. With their common behavior of being violent towards women, Alvin figured as a partner in the crimes she instigated. They referred to themselves as The Nightrider and Lady Sundance (Ramsland, 2007). Following his release from prison for their robbery in 1980, Alvin took a job at a gas station and used his earnings to buy two cars with CB radios installed (Wetsch, 2005). Judith will drive around to look for the next victim and will radio Alvin to join her when the victim is in the car. Their relationship, though sexual in nature, was at times violent and lasted because of this partnership. Â  According to her husband, Judith’s personality was very dominant and she was violent which accounted for her strong influence over him. Alvin Neelley later stated that he went along because his wife had such power over other people and he was left with no choice (Ramsland, 2007). On the other hand, Judith stated during the trial that she took women and young girls to please her husband because he wanted them, that he willingly planned and executed the acts, that he battered her and threatened her children to force her to take part (O’Shea, 1999). However, investigators and the jury eventually agreed that Judith actively participated in the killing sprees as the brains behind the murders (Kelleher Kelleher, 1998). While on predating sprees, she brought her children along. They helped her earn the trust of the people she lured. The toddlers witnessed the sexual molestation and torture of Lisa Millican and the other victims by their mother. This type of parenting, husband and wife relationship and over-all family life deviates from what is typical. Contributing Factors She was not found by the jury to be mentally disturbed or to be an abused wife factors which could help explain her brutal behavior. After her conviction, she appealed to the court but exhausted the appeals process with futility (ProsandCons.us, 2009). Does this person fit the profile of the typical offender for this type of crime? Judith Neelley did not fit the profile of the typical murderer. She was female, white, a young mother, slim and blond. Females were generally regarded as soft, caring or docile and not aggressive or violent (Schurman-Kauflin, 2000). At the time she committed murder, the stereotype of persons who had the capacity to perform such crimes was male and probably black. For this reason, it was not seriously believed at first that she perpetrated the murders (Texas AM International University, 2004). Initially, the burden of accountability for the acts was brought heavily on her husband because he was the male. At the end of the trial, she got the death penalty while her husband got two life terms. Based on current information on criminal behavior however, Judith Anne Neelley fits the profile of a female serial team killer. Because she lacked the strength to subdue victims or carry dead bodies, she raped and killed together with her husband who was also a sexual killer (Kelleher Kelleher, 1998). Only one thing sets her apart from other females in serial team killing she had already attempted to kill a man by shooting him before she even met her husband (Furio, 2001). She was delinquent as a teenager and before age 20, performed her first serial killing. Very sociable, she was able to talk her victims, either when they were alone or with their companions, into going for a ride with her in her car (TAMIU, 2004). She felt herself superior over others and called the authorities about Lisa Millican and where her body could be found, implicating a warden as the one responsible. She was cruel, merciless and delighted in the suffering and death of her victims. During the trial, she played the role of victim in saying that she was a battered wife so that her husband would get the maximum penalty while she will serve time only as an accomplice (TAMIU, 2004). Which crime theory that we have studied comes closest to explaining this offender’s behavior? The strain theory of crime causation comes closest to explaining Judith Neelley’s behavior. The extreme stress from social and economic factors that she experienced as a young girl being abandoned by her family, her poverty and then being sexually molested while in a juvenile center, all contributed in pushing her to commit crime. Unsuccessful in obtaining power from money or education, she killed others to feel powerful. List of References Ashley, D. (1999). Woman Loses Death Row Appeal. Retrieved 9 April 2009 from http://www.equaljustice.ca/cgi-bin/forum.cgi/noframes/read/6290. Furio, J. (2001). Team Killers: A Comparative Study of Collaborative Criminals. New York: Algora. Kelleher, M. and Kelleher, C.L. (1998). Murder Most Rare: The Female Serial Killer. Connecticut: Praeger Publishers. Â  O’Shea, K. (1999). Women and the Death Penalty in the United States: 1900-1998. Connecticut: Praeger Publishers. ProsandCons.us (2009). Conversion of a Killer. Retrieved 9 April 2009 from http://prosandcons.us/?cat=61

Journals Of Wound Care And Management Nursing Essay

Journals Of Wound Care And Management Nursing Essay The purpose of this study is to give a critical analysis of the Literature, and briefly enumerate the causes, treatment, prevention and the risk factors of Pressure Ulcers (PUs). The process leading to pressure ulcer formation and early detection of individuals who are at risk of developing it for prompt prevention are paramount in this study. Methods: The methods adopted in this dissertation involved various strategies: selecting a review topic and searching the literatures to be used. Gathering, reading and analysing the literatures. It also involved critical examination of the various causes, treatment and preventive measures. Furthermore, it is also intended to find out the various risk factors that could lead to its emergence. On this basis, a number of research articles was examined after which their literatures were critically analysed All the literature searches were undertaken online with the aid of computer and electronic databases. Computer databases are used because they offer access to varieties of information, which could not be obtained manually. Findings and Conclusions: This study went further to find out the effect of age and nutrition on the persistence and spread of presure ulcer. Finally, having given a critical analysis of the literatures, it summarised the findings as well as the various ways to curtail the emergence as well as improving the wellbeing of the patients with essential pressure ulcer, ie, those who by reason of underlying health conditions such as diabetes and catheterized individuals, people with profound learning disability, who could not avoid staying in one position for too long. CHAPTER ONE INTRODUCTION The impact of pressure ulcers on the quality of life of the people with learning disability cannot be overemphasised, as it can be devastating (Spilsbury et al. 2007; MEP Ltd, 2009; NHS for Scotland, 2009). A pressure ulcer (PU) otherwise known as pressure sore, pressure damage, pressure injuries or bed sore (Spilsbury et al. 2007), is an area of the skin that has become abraded gradually due to a reduction or cessation of blood flowing through that part of the body. It is mainly as a result of continuous maintenance of same position when sitting or lying down for a long period of time, (RCN, 2005). It can also be described as a localised abrasion on the skin or the underlying tissue, in most cases over a bony prominence, due to the pressure or pressure in combination with deformation of the site; this can also be caused by friction. Based on the degree of damage, it can further be defined as partial-thickness of skin loss involving epidermis or dermis; mainly affecting the surface manifesting as a scratch, fluid-filled elevation of the skin or simply as a swollen crater (Lyder, 2010 Guy, 2012). Furthermore, Pressure ulcer in some other cases can present as an erythematic or abnormal r edness of the skin due to dilation of the blood vessels in the skin. (www.merckmanuals.com/home/heart_and_blood_vessel_disorders.html). The reddened area remains as such for longer than 30 minutes after pressure is relieved (Barbanel, and Hagisawa, 2001). In view of the fact that Pressure ulcer has been widely noted to reduce the quality of life in people with learning disability (Dorner et al, 2009), this topic is very important and relevant to a very large extent for Nurses and other carers involved with the treatment and management of PUs in individuals having learning disability. Among the many reasons for choosing this particular topic are as follows: Having established that pressure ulcers are a major cause of morbidity, mortality and healthcare burden globally and that many of the cases are avoidable (Whittington et al, 2004); it follows that solutions need to be sought aimed at reducing it, if its prevalence. Looking at PUs from the perspectives of treatment and management, it has been observed that both treatment and management are capital intensive, but it is also preventable (Soban et al; White-Chu, 2011). It is very important to concentrate more efforts at minimising the occurrence of PUs, rather than wasting resources on treatment, which might be counterproductive, especially in diabetic patients (European Pressure Ulcer Advisory Panel [EPUAP], 2005). Pressure ulcers pose grave consequences on the wellbeing of people with profound learning disability, be that as it may, its treatment, prevention and management is a major priority within the clinical and policy agenda. It is very important that patients are educated on the impact of PUs on health and quality of life, at the same time; it is their right to make informed decision about their care and treatment in conjunction with the healthcare provider (Spilsbury et al, 2007; NICE clinical guideline, 2005). In addition, the data generated could be used to estimate the total number of cases with PUs within a particular population (i.e. prevalence) and the rate at which new Pressure Ulcers are occurring in people in needing medical care. (Clark, 2007). (Plaum et al, 2006), in their questionnaire research on Pressure ulcer discovered that it was possible for patients to have a combination of deficiency of sensory experience as well as memory loss. The above combination of health challenges tended to increase the probability of having PUs (Plaum et al, 2006). This study will therefore discuss common risk factors for developing pressure ulcers in people with learning disability, its prevention and management (Guy H, 2012, Vanderwee et al, 2007). This study will also find out effect on age, and nutrition on the persistence and spread of pressure ulcer. The findings will summarise the various ways to curtail the emergence as well as the ways to improve the wellbeing of the patients with pressure sores. According to the International guidelines on Pressure ulcer prevention, prevalence and Incidence (MEP Ltd, 2009: page 8); à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã¢â‚¬Å"the results of PUs prevalence and incidence studies could be used for enlightenment purposes, to reduce PUs occurrence, and therefore improve clinical practiceà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ã‚ . It is very important to understand the consequences and pitfalls of the prevalence and incidence of PUs. Lastly, it is essential for all healthcare practitioners, managers, payers and financiers involved in the development, implementation and assessment of PU prevention protocols (Fletcher et al, 2011). The overall aim of this study a strategy geared towards the reduction of PUs as well as reducing the number of patients who have it. The need for identification and production of new antimicrobial agents that are selectively toxic, that is; being able to destroy the causative agent with little side effect on the host and broadly effective with a low propensity to induce resistance is very crucial (Bowler et al, 2001). According to (Bowler et al, 2001); while it is true that microorganisms are known to be responsible for wound infections, there are widespread controversies relating to the exact mechanisms by which the microbes cause infection and also their significance in non-healing wounds that fail to exhibit clinical manifestation. (Robson, 1999); observed that the mass per unit volume of microorganisms is a critical factor in determining the probability of the wound healing. However, (Pallua et al, 1999) argued the fact that certain virulent microorganisms were isolated is evidential in delayed wound healing. Nevertheless, others have reported that microorganisms à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€¦Ã¢â‚¬Å"per seà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ã‚  play little or no role in wound healing or slow healing. (EWMA MEP Ltd, 2005), stated that; not all wounds become infected, being that, the susceptibility or resistivity of the host determines the chance of such a wound eventually becoming infected by bacterial pathogen. Although the role of Microbiology laboratory is incontrovertible, the necessity of carrying out wound culture and sensitivity testing must be critically considered in order to save in cost, labour, and avoid unnecessary disturbance to the patient, (Bowler et al 2001). 1.3 Mode of treatment: since pressure ulcer (PU) is a debilitating chronic wound that affects mostly individuals who are incapacitated as a result of age or an underlying illness (Lyder, 2003), or people with profound learning disability who spent longer time on a particular position, its treatment typically involves multiple treatment procedures simultaneously; such as support surface and dressings. Nutritional supplements are essential; since most individuals with learning disability have been known to have diet problems (Dorner et al, 2009). At successive stages of the treatment, different treatments are applied (Lyder, 2003). CHAPTER TWO METHODS The methods adopted in this dissertation involved various strategies: Selecting a review topic and searching the literatures to be used. Gathering reading materials and analysing the literature followed by the review of references. Having selected the topic the next step was identification of the appropriate and related information. This method was in agreement with (Hek and Langton 2000). In their study, they discovered and applied a particular orderly approach which was sequential and capable of generating reliable and beneficial information unlike the traditional review. All the literature searches were undertaken online with the aid of computer and electronic databases. The reason for using computer databases is that they offer access to varieties of information, which cannot be obtained manually and sometimes quite recent. Keyword searches were the most common method of identifying literature (Ely and Scott, 2007). However, keywords which have to do with the review/assessment and management of pressure ulcers were used. Databases of particular relevance to the selected topic, which are very useful for Nurses (Parahoo, 2006), aided the search for related journals which included: British Nursing Index Nursing Journals in English Language CINAHL (Cumulative Index of Nursing and Allied Health Literature) and related publications. This according to (Polit and Beck, 2006), offers an important, reliable and up-to-date electronic databases for Nurses and other healthcare professionals. More importantly, CINAHL databases offer both staff and student Nurses the most recent and best available evidence-based clinical practice. Medical Subject Headings or subject headings: Pubmed/MEDLINE Google scholar The essence of using numerous databases was to harvest a large catalogue of research materials including those directly linked to the field of learning disability practice: Journal of Learning Disabilities Journal of Intellectual Disabilities. Journals of wound care and management. Generally, Journals are much more up-to-date than books which were probably written decades ago since information is dynamic and prone to changes. Therefore, maximum period of 10 years was placed on the age of the works and journals that were used in this work except in some rear cases where no recent materials were found in relation to the subject matter. The search strategy sought to identify all published and unpublished research investigating patient reports about the impact of PUs and PU interventions on HRQL. Data extraction involved the reading through each of the published articles and identifying their findings in the form of statements by the author supported by patient reported data, the extracted patient reported data produced (Gorecki et al 2009). Moreover, specialist Journals were also hand-searched. The internet played a crucial role for web sites on pressure ulcer publications, as well as books from my local area and the university library. Eligibility: Both exclusion and inclusion criteria were used for the primary and final selection for reporting the impact of PUs and interventions respectively on Health related quality of life (HRQL), including symptoms and patient evaluation of interventions. (Gorecki et al 2009).

Violent Video Games Increase Violent Behavior Essay -- Aggressive Beha

Violent video games have been known throughout the years to take a powerful effect on young children and their aggression and psychological behaviors as they habitually play these types of games. There are many factors leading the federal government to believe that the gaming industry and retailers are not taking a strong enough precaution to prevent this type problem from occurring. Studies show that laboratories and field settings have proven that violent video games cause increased aggressive behavior in children and young adults. Nothing is positive about the effects that violent video games have on children, but one positive factor has risen throughout the years. With all the tragedies and incidents involving the usage of violent video games by children, the United States Senate decided to take action. During a committee hearing, several researchers vouched for the negative effects violent video games were having on young children and young adults. Deadly school shootings like Columbine have been a serious problem in the United States for many years. Researchers and psychologist say that the young adults that partook in the Columbine shooting that killed 13 people and wounded 23 others before taking their own lives were habitual players of violent video games like Doom. Statistics show that many children between the ages of 8 and 18 years of age play video games or other types of media for 40 hours or more a week. (Rideout, Foehr, Roberts, and Brodie, 1999). Out of all the media used by children and young adults, television is the most widely used. Even with TV being the choice recreational activity, video games are rapidly creeping in popularity. Console video game systems like XBOX and Playstation along with com... ...gical Science Agenda (2003). "Violent Video Games, Myths, Facts, and Unanswered Questions". http://www.apa.org/science/about/psa/2003/10/anderson.aspx Anderson, A. Craig, & Bushman, J. Brad. Iowa State University (September 2001). General Article. "Effects of Violent Video Games on Aggressive Behavior, Aggressive Cognition, Aggressive Effect, Psychological Arousal, and Prosocial Behavior: A Meta-Analytic Review of the Scientific Literature", Vol. 12, No. 5. http://www.psychology.iastate.edu/faculty/caa/abstracts/2000-2004/01ab.pdf Schwarzenegger, Arnold, & Morazzini, P. Zachary. (December 2010). Supreme Court Debates. "Is the California Ban on the Sale of Violent Video Games to Minors Constitutional?", Vol. 13, Issue 9, p15-26, 12p. http://mccclib.mccc.edu:2084/ehost/pdfviewer/pdfviewer?sid=96474c99-1f94-48f4-9d99-0c237e037f86%40sessionmgr111&vid=7&hid=123

Is Jaws a Horror Movie? Essay example -- Film Review

Is Jaws a Horror Movie? First, I will intend to take you on a brief journey through the horror genre and the conventions that have been associated. Second I will show you how these conventions are used in the film Jaws. Let’s take a closer look at the history of the horror genre. To get started we are going to start with the first era or as it’s called the silent era. This era was based on monsters such as Frankenstein (1910), Dracula (1912) and The Hunchback of Notre Dame (1923). The horror was all about the make up and the clever use of lighting, to add thrills. The first conventions were that we see are the ‘revealing of the monsters’ and the use of ‘isolated houses’ where the monsters are based. This left audiences feeling panicky. These films had to rely on the music, yet they still lack the big horror genre fear factor. Through the talkies little changed, they still had the monsters, the same monsters, the same storylines, but the Atomic Phase of the 1950s soon had a impact. Sci-fi and hammer movies took centre stage, Godzilla (1954) and The Blob (1958) box office hits. From here we moved on to the witchcraft and the undead such Peeping Tom (1960) and The Night of Dead () . New films brought with them new conventions. Zombie films trapped the audience, claustrophobic attack scenes when the zombies came closer towards the camera. Horror finally became horror with the slasher movie era. They became realistic but also they became more stylised. Based on a real life tragic such as, Texas Chainsaw Massacre (1974), Halloween (1978) and Nightmare on Elm Street (1984) screens where awash with blood. This is where we see male psycho, the unwilling hero and teenage trouble. There are also soul survivors that carry the seque... ...horror so it is a bit of both but compared to the horrors that we have now with all the blood and gore special effects that make it better and the 3d its nothing like the horror’s today. Compared to the final destination 3D jaws is not even scary because of the 3D it makes it better with the way that if someone has an axe or something chucked at them it comes out of the screen at you and it comes towards you therefore you think it’s going to hit you which makes you get scared and it makes the film more jumpy so there for I don’t think jaws is a horror even if it was in its time compared to now day films I say it is a thriller. My opinion is that Spielberg is still in his twenties when he made this film, this shows his talent for creating suspense, delivering shocks and defusing situations through humour and this shows he is building up to a great climax.

Individual Writing Assignment Essay

The role of work experience in successful adult learning is a recurrent topic of professional discussion. In their article, Guile and Griffiths (2001) provide the detailed review of what experience is, how it works in different work contexts, and how students learn and expand their practical knowledge through work experience. The authors state that the two main trends of work experience and learning are being discussed in European literature: the first one discusses work experiences of younger students (14-18) as a part of full-time education; the second one is about work experiences in countries with well-developed VET systems, in which apprenticeships serve an alternative to the basic education (Guile & Griffiths 2001). Guile and Griffiths (2001) state that the time has come to reassess the relationship between education and work experience and provide a brief discussion of the concept of â€Å"context† and several models of learning through work experience. The article contributes to the understanding of learning in work settings in several ways. First, the work context is not static but an ever evolving combination of conditions and objects (Guile & Griffiths 2001). The changes in context prioritize learning and knowledge sharing and expand the definition of skill (Guile & Griffiths 2001). Second, work contexts make it possible for individuals to learn and develop through contact with more experienced others (Guile & Griffiths 2001). Finally, earlier approaches to workplace learning are no longer workable: the authors discuss traditional, experiental, generic, work process, and connectivity models of learning through work experience (Guile & Griffiths 2001). These models reconceptualize learning through work experience in several different ways. Guile and Griffiths (2001) suggest the last, connective model of learning through work experience be the one to provide a new curriculum framework and more effective connections between formal and informal learning. Learning through work settings: andragogy vs. pedagogy  What Guile and Griffiths (2001) discuss in their article presents a unique combination of andragogy and pedagogy. Although Guile and Griffiths (2001) do not mention the word â€Å"andragogy† and emphasize the relevance of pedagogic approaches to work experience, the features of adult learning are being present in all learning models. Guile and Griffiths (2001) discuss the models and approaches that are based on need; they are problem-centered, respective to job, collaborative, and mutual between facilitator and learner. These are the features of adult learning which Podsen (2002) discusses in her book. Simultaneously, the process of learning through work experience is not self-directed but is linked to the curriculum, sequenced in terms of content and subject matter and designed to enhance and speed up the transmittal of skills, experience, and information (Podsen, 2002). Although learning through work experience provides students with some degree of autonomy, work experience, according to Guile and Griffiths (2001) is still a part of the academic and vocational programs, which are both directed and evaluated by teachers. Nevertheless, work experience provides better knowledge sharing opportunities compared with the traditional pedagogic approaches to learning. Work experience and work context enable the development and maintenance of arrangements between workplaces and educational institutions (Guile & Griffiths 2001). These models do not simply allow schools and agencies to manage these arrangement more effectively but turn into a valuable extension of traditional school and college curriculums. Unfortunately, pedagogy tends to limit resources available through work experiences and often views work contexts as stable and static. To raise the efficiency of work experiences and learning in work contexts, educational and HR professionals must be open to the benefits of adult learning, which would make learning in workplace settings more flexible, practical, and relevant. The traditional model of work experience In their article, Guile and Griffiths (2001) provide a brief discussion of the traditional model of work experience. The legacy of traditional models of learning through work experience is evident through the prism of traditional apprenticeship programs and general education curriculums in Europe (Guile & Griffiths 2001). Until recently, the basic apprenticeship programs in workplace environments have been designed to help students mould their skills in practical contexts; as a result, the traditional model of work experience emphasized the assimilation and adaptation as the two basic features of education and training (Guile & Griffiths 2001). Today, traditional models of work experience are fairly regarded as a form of the â€Å"launch† perspective on the interaction between learning and workplace settings – traditional models of work experience help to understand and predict what individuals will choose to do in each particular work situation (Guile & Griffiths 2001). Professionals in education and HR specialists can apply to traditional work experience models, in order to set the necessary trajectory of later learning (Guile & Griffiths 2001). Traditional models of work experience can be used to launch students into the real world of work (Guile & Griffiths 2001). Unfortunately, the vision of work experience as the â€Å"launch† into later workplace learning leaves little or no room for determining how students will develop at the later stages of workplace learning (Guile & Griffiths 2001). Traditional models of work experience present few or no opportunities to reframe their content and to make them more flexible and adaptable to the workplace needs of students. Work experience: possible problems and barriers The lack of content reframing opportunities is not the only problem with traditional models of work experience. In their article, Guile & Griffiths (2001) omit considerable information about what barriers students can meet in their way to learning from traditional workplace contexts. First of all, Guile and Griffiths (2001) speak about the traditional workplace model as the â€Å"launch† perspective on learning in workplace contexts. Yet, the authors do not write anything about whether students are prepared to be in workplace environments and what must they must do to integrate with the learning atmosphere in the workplace. Second, the question is in how students will adjust to the contrast between familiar school environments and workplace experiences. Third, Kolb’s model of experiental learning could add value to the traditional model of work experience by providing teachers and HR professionals with a better understanding of students’ learning styles. Students that engage in workplace learning can be activists, reflectors, theorists, and pragmatists (Atherton, 2009). The significance of each particular learning style is in trying to help teachers and students to adjust to their personal and learning peculiarities and the features of their learning style (Atherton, 2009). Obviously, professional negligence to learning style differences can become a major barrier to effective learning. Unfortunately, in their discussion of the traditional model of work experience Guile and Griffiths (2001) do not mention any of these potential problems. To make the traditional learning model adaptable, flexible, and workable, HR professionals must account for these personal and learning differences, to ensure that they can set the necessary trajectory of learning at later stages of work experience. Still, the traditional model in ways Guile and Griffiths (2001) discuss it could be of value to HR professionals, who support the development of a ‘learning organization’. The traditional model of work experience and a ‘learning organization’ â€Å"A learning organization needs people who are intellectually curious about their work, who actively reflect on their experience, who develop experience-based theories of change and continuously test these in practice† (Serrat, 2009). Experience is critical for the success of all learning initiatives in organizations. In this sense, the traditional model of work experience can set the pace and the direction of learning in organizations. HR professionals can apply to the traditional model to ‘launch’ students and to help them integrate with the new workplace environment. The traditional model can set the stage for developing experience-based theories and initiatives at the later stages of learning and to make practitioners more reflective. The traditional model can also help HR specialists learn more about students and their first successes at work, to be able to adjust their learning styles and preferences to the specific needs of the workplace. All these actions will benefit and favor learning in organizations. The traditional model can become an invaluable source of knowledge about learning, which HR professionals will use to develop more effective learning strategies to be used in their organizations. Conclusion Work experience provides students with valuable learning opportunities. Organizations and education professionals step away from the traditional â€Å"static† vision of workplace contexts and position work as a flexible and ever-changing source of practical knowledge. In their article, Guile and Griffiths (2001) discuss a number of work experience models. The traditional model, according to Guile and Griffiths (2001), gives education professionals a chance to set the needed learning trajectory and redirect individuals toward the desired learning goals. However, education and HR specialists must account for the learning style differences and support students, as they are trying to adjust to unfamiliar workplace environments. Otherwise, HR professionals would not be able to use the traditional model for the benefit of learning in organizations.