The Quaternary Period and Other Periods - 681 Words

Cambrian: †¢ This period started 540 million years ago and ended 500 million years ago. †¢ There was a very mild climate. The supercontinent Rodinia began to break into smaller parts, or continents. Lots of glaciation occurred so many animal families went extinct. †¢ All phyla develop during this time period. Many marine animals, shell-fish, echinoderms, and some of the earliest fish appear. †¢ Lots of glaciation occurred wiping out many animal families marking the end of the Cambrian period. Ordovician: †¢ This period started 505 million years ago and ended 438 million years ago. †¢ Many primitive plants appeared on land and some of the first corals. Primitive fish and fungi also make an appearance. High sea levels occur at fist but lower as global cooling, glaciation and volcanism increase. †¢ Plants, fungi and primitive fish are on land during this time period. †¢ Glaciation marked the end of the Ordovician period. Silurian: †¢ This period started 438 million years ago and ended 408 million years ago. †¢ The first vascular plants appear on land (plants with water-conducting tissue). High seas spread worldwide, brachiopods, crinoids and corals also make an appearance. †¢ The first fish with jaws appeared during this time period along with insects, centipedes and millipedes. †¢ Glaciation marked the end of the Silurian period. Devonian: †¢ This period started 410 million years ago and ended 360 million years ago. †¢ Swampy forests on land and fish and landShow MoreRelatedEssay On The Antibacterial Effects Of Microorganisms924 Words   |  4 PagesThe main for the purpose of this study was to find out about the tolerance of Listeria monocytogenes towards quaternary ammonium compounds (QAC). The antibacterial effects of disinfectants are crucial for the control of Listeria monocytogenes in food processing environments. Tolerance of L. monocytogenes to sub lethal levels of disinfectants based on QAC is conferred by the resistant determinants qacH and bcrABC. The QAC based disinfectants which are in common use in many food industries are foundRead MoreThe Effects Of Using Biological Evidence For Environmental Reconstruction Of The Climate During The Quaternary Period Essay2034 Words   |  9 Pagesevidence for environmental reconstruction of the climate in the Quaternary period. Introduction The Quaternary period refers to our current geological time period, it spans over two epochs, the Pleistocene and Holocene, during this geological period, the world has experience incredible climatic changes that have shaped the world we live in today. The Quaternary period has been characterised by numerous periods of glaciation, due to these periods of glaciation there were fluctuating changes in climate andRead MoreThe Appearance Of Homo Sapiens And The Disappearance Of Various Species Of Large Mammals1514 Words   |  7 Pagesdisappearance of various species of large mammals† –these words, I believe, demonstrate the theme of Paul S. Martin’s famed hypothesis. Martin’s theory, also known as the Overkill hypothesis, considers that humans were the sole contributors to the Late Quaternary extinction of megafauna that happened in the last 50,000 years in various continents, mainly in the Americas and Australia. 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This is useful in deducing the number of disul phide bonds it contains and therefore the tertiary/quaternary structure of the protein. Method A sample of ovalbumin was purified from an egg-white standard preparation and the number of thiol groups per protein molecule determined. This was achieved by precipitating the ovalbumin out of the egg-whiteRead MoreSummary and Critique1611 Words   |  4 PagesSouth America. Paul Martin of the University of Arizona and others see a subsequent and spontaneous connection between the presence of people and the vanishing of numerous species of large mammals. According to the overkill hypothesis, the spread of humanity correlates to the extinction of mammals at the same precise location they migrated to. The humans got to be big game hunters focusing on mammoths, giant bison, ground sloths, and other species of large size. They supposedly chased many speciesRead MoreGlobalization Healthcare1618 Words   |  7 PagesHealth Care Name: Institution: Healthcare ( (or human services) is the finding, treatment, and avoidance of malady, disease, harm, and other physical and mental weaknesses in individuals. Access to health awareness shifts crosswise over nations, gatherings, and people impacted by social and monetary conditions and, in addition, the wellbeing strategies set up. Nations and wards have distinctive policies and plans in connection with the individual and populace based socialRead MoreThe Issue Of Climate Change1321 Words   |  6 Pagesthat Milankovitch cycles control the pace of Quaternary ice ages... with the 100- [kilo year] eccentricity cycle dominant in early Quaternary...† and that Milankovitch cycles produce variations in the amount of solar radiation received by the earth and the latitudinal and seasonal distribution of this radiation... (12). These cycles act, as stated, on a very large time period and are near impossible to observe on human time scales, unlike some other natural influences to climat e. Unlike MilankovitchRead MoreEnzyme Catalysis Lab1186 Words   |  5 Pagesof methods for performing catalysis. Some provide a micro environment within the active site where some of the side chains are H+ or OH- donors or receivers. Other enzymes work by bringing together substrates that would not normally meet outside the enzyme, or orienting them in a manner in which they would otherwise not occur. Still other enzymes stress the bonds of substrate molecules in order to make them easier to break; some take this a step further by actually forming temporary covalentRead MoreBio Frq1509 Words   |  7 Pagesthe beta sheet, which in turn determines its secondary, tertiary, or quaternary structure. Another type of bonds, the covalent bond, links amino acids together by sharing electrons; this bond is critical to proteins in that it determines the amino acid sequence, and the primary structure of the peptide chain. Lastly, the ionic bond, it is a charged R group that determines whether the protein structure would be tertiary, or quaternary. (b) Discuss how the structure of a protein affects the function

United States Should Adapt Tobacco Free Policies On Their...

Did you know, smoking causes more than† 440,000 deaths† per year? (â€Å"Effects of Tobacco† 1). That is an overwhelming number of deaths that could be prevented if only the individuals did not use tobacco. As of 2008, East Tennessee State University has adopted a tobacco-free policy for not only the safety of students, but their overall mental and physical health as well. That policy has been increasing on college campuses at a nationwide level. As of 2009, the American College Health Association adopted a position statement on a no tobacco use policy that encourages colleges and universities to become 100% tobacco free. As you can assume this has caused major debates on whether these policies should be established or not. In our current society, because of the policy many schools have chosen to be a part of that movement. There are 1,713 smoke free campuses and 1,427 100% tobacco free campuses in the United States. These numbers are substantial. There are many r easons that campuses should adapt tobacco-free policies on their university school grounds. Tobacco should be banned from ETSU, and other college campuses because it is a health hazard to the smokers and bystanders, it encourages individuals to stop smoking or never to start, and it makes the transition from school to the career field much easier. East Tennessee State University should continue to be tobacco-free, because tobacco has an overwhelming effect on all individuals’ health. Smokers of tobacco harm their bodyShow MoreRelatedMarketing Case Study4206 Words   |  17 Pagesmade. They reï ¬â€šect what is considered important and what a company wants to achieve. Mark Pastin, writing on the function of ethics in business decisions, observes: There are fundamental principles, or ground rules, by which organizations act. Like the ground rules of individuals, organizational ground rules determine which actions are possible for the organization and what the actions mean. Bur ied beneath the charts of organizational responsibility, the arcane strategies, the crunched numbers, andRead MoreFather: Causality and Persuasive Speech8283 Words   |  34 Pageslikely to reduce their credibility with the audience. 12. T F A speaker can have high credibility for one audience and low credibility for another audience. 13. T F Establishing common ground with an audience is especially important in the conclusion of a persuasive speech. 14. T F Establishing common ground with an audience is especially important in the introduction of a persuasive speech. 15. T F A speaker’s credibility is affected by everything she or he says and does during the speechRead MoreThe Social Impact of Drug Abuse24406 Words   |  98 Pagesand implementation . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part four VI. Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 A. B. C. D. E. Drug abuse problems: losing ground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lack of productive employment and impact on the workplace . . . . . . . . . . . Implications of rural and urban poverty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MarginalizationRead MoreBrazil: Leading the Brics10523 Words   |  43 Pagesof investment delays, especially in the energy sector, because of the frequency of disputes around infrastructure projects. Recommendations The government should increase the tax on loans taken by banks and companies abroad to prevent the appreciation of the real in the short-run and increase exports. The current policy combination of exchange-rate flexibility that followed the abandonment of the peg in January 1999 with an inflation target is still the best choice. 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An additional 5,000 Iroquois reside in Canada, where there are two Iroquoian reservations. The peopleRead MoreDissertation, Alcohol Abuse13244 Words   |  53 Pages 3 - Statement of the Problem 4 - Objectives of dissertation research 5 - Specific research questions 5 - Assumptions and limitations 6 - Definition of Terms 7 Literature Review - Alcohol Policy: Political Statements 8 - Alcohol Policy: The preventive Approach 9 - Influences on Behavior 11 - Alcohol Trends 13 - Conceptual Framework 14 Methodology - Brief overview 16 - Research Design 16 - Methods for data collection Read MoreNanotech 1AC Essay13565 Words   |  55 Pagesis currently unregulated in Mexico, could pose serious threats to human health and the environment, cautions a new study. Far from a policy of precaution vis-à  -vis these new technologies, products are entering the market without regulation to guarantee their safety or labels to inform of their use, researcher Guillermo Foladori of the public Autonomous University of Zacatecas told Tierramà ©rica. Foladori and his colleague Noela Invernizzi are the co-authors of a new report, Implicaciones socialesRead MoreOrganic Food8071 Words   |  33 Pagesimprove all agriculture in a global context. The Principles of Organic Agriculture serve to inspire the organic movement in its full diversity and guide our development of positions, programs and standards. Principle of Health Organic Agriculture should sustain and enhance the health of soil, plant, animal, human and planet as one and indivisible. This principle points out that the health of individuals and communities cannot be separated from the health of ecosystems - healthy soils produce healthyRead MoreMcdonalds Organizational Behavior4665 Words   |  19 PagesMcDonald’s and Its Crisis What should a company do when its core product is considered â€Å"unhealthy† or even â€Å"harmful† by the public? Is it even possible for such a company survive and thrive; or will it have to shut down its business? McDonald’s fast food has for a long time been considered unhealthy by the public. In recent years, the health conscious trends have become increasingly popular. Moreover, many scientific studies and findings have surfaced and successfully confirmed that children’s

Software Piracy Problem Free Essays

Software piracy is a rising problem not only in the United States, but around the world. In 1993 worldwide software piracy cost 12. 5 billion dollars to the software industry, with a loss of 2. We will write a custom essay sample on Software Piracy Problem or any similar topic only for you Order Now 2 billion dollars in the United States alone. Estimates show that over 40 percent of U. S. software company revenues are generated overseas, yet nearly 85 percent of the software industry’s piracy losses occurred outside of the United States borders. The Software Publishers Association indicated that approximately 35 percent of the business software in the United States were obtained illegally, which 30 percent of the piracy occurs in corporate settings. In a corporate setting or business, every computer must have its own set of original software and the appropriate number of manuals. It is illegal for a corporation or business to purchase a single set of original software and than load that software onto more than one computer, or lend, copy or distribute software for any reason without the prior written consent of the software manufacturer. Many software managers are concerned with the legal compliance, along with asset management and costs at their organizations. Many firms involve their legal departments and human resources in regards to software distribution and licensing. In 1974, Congress created the Natural Commission on New Technological Uses (CONTU) to investigate whether the evolving computer technology field outpaced the existing copyright laws and also to determine the extent of copyright protection for computer programs. CONTU concluded that while copyright protection should extend beyond the literal source code of a computer program, evolving case law should determine the extent of protection. The commission also felt that copyright was the best alternative among existing intellectual property protective mechanisms, and CONTU rejected trade secret and patents as viable protective mechanisms. The CONTU report resulted in the 1980 Computer Software Act, and the report acts as informal legislative history to aid the courts in interpreting the Act. In 1980 The Copyright Act was amended to explicitly include computer programs. Title 17 to the United States Code states that it is illegal to make or to distribute copies of copyrighted material without authorization, except for the users right to make a single backup copy for archival purposes. Any written material (including computer programs) fixed in a tangible form is considered copyrighted without any additional action on the part of the author. Therefore, it is not necessary that a copy of the software program be deposited with the Copyright Office in Washington, D. C. for the program to be protected as copyrighted. With that in mind then a copyright is a property right only. In order to prevent anyone from selling your software programs, you must ask a federal court to stop that person by an injunction and to give you damages for the injury they have done to you by selling the program. How to cite Software Piracy Problem, Essay examples

National Stadium Japan

Question: Discuss about the National Stadium Japan. Answer: Introduction National stadium turned into a multi-cause stadium in Tokyo, Japan. The grounds assisted as the primary grounds for the inaugural and final rituals, in addition to being the setting for tune then discipline events in the summer period of 1964 Olympic games. The Japanese National Football group's domestic fits and fundamental soccer club cup finals have been performed at the arena. The stadium's authentic potential was 58,270, however the actual volume was best 49,000 stalls (Catani et al, 2011). Demolition was finished in May 2015, and the spot might be renovated with an innovative large-potential general Olympic arena. The state-of-the-art stadium is about to be the primary venue for the 2020 summer time Olympics and Paralympic games. The original plans for the brand-new stadium have been scrapped in July 2015 with the aid of eastern top minister, who introduced a rebid after a public outcry due to accelerated building fees. As an end result, the brand-new design will now not be equipped for the 2019 Rugby Global Cup, as in the beginning meant. A brand-new design turned into selected in December 2015 to update the authentic layout and is to be finished in November 2019. The National Stadium is the intended home of the Olympics in 2020 and is being rebuilt changing the essential structure from 1924. The development was 5 years lengthier than at initially surveyed and expenses were more than twofold beginning appraisals. The arena utilizes an inventive steel twist that consolidates exquisite interest, however meanwhile is load bearing and limits the need for the inner bolster that could have blocked perspectives inside the stadium. Thusly, the curve updates the method for the seating. The design wasn't absolutely a novel as the Sydney Opera House or Guggenheim Bilbao yet, regardless, combined a design part in the twist that was brilliant, making best practice structures. This nonappearance of credible perspective is every now and again a notice wrong project organizing (Dennis, 2014). Timelines and Delays in Project Management The curve usage was tricky, at last, the sub-temporary worker for the curve was supplanted halfway through the project, and the postponement brought about additional issues. It creates the impression that the essential issue was trying a stadium design the use of a shop bearing bend that became novel and untested in past stadium designs. That is general of initiatives which can be pointlessly progressive and is one cause that the Denver airport bags machine fizzled. Initiatives with prescribed spending recreation plans and guides of activities aren't the location to be trying problematic procedures. In any event, not in case you're seeking after a tenable starting appraisal of to what extent the project will take. After the main postponements, the support and contractual worker turned out to be less ready to lead work in parallel because of doubt of culmination days, this could have increase the time to a couple of weeks to finish, yet with regards to years of deferral doesn't have all the earmarks of being an essential element. It is intriguing however that on postponed projects, additionally deferrals can act naturally satisfying as trust in a basic way reduces. There were some degree changes, however, once more, it creates the impression that the structure of the curve (some portion of the underlying strategy) was a major figure the postponement. Not at all like different projects, for example, the Virtual Case File by the FBI where changes to the scope was a significant patron to suspension (Dennis, 2014). In a general sense, while endeavoring a special work thing, for instance, an innovative weight tolerating steel bend as a central bit of a stadium, it is not easy to gauge the overall charges and length of time with accuracy. Allowing the work by methods for an offering system with a settled esteem contract heightens this issue in light of the way that the triumphant offer will most likely reprimand the required work due to the victors abuse. In addition, it shows up information stream could have been upgraded this project if junior specialists thought about potential deferments and senior management was not, information was clearly not being shared suitably. The Project Management Institute (PMI) characterizes project management as the specialty of organizing and arranging human and material resources for the term of the life of a project by using current management frameworks to finish fated focuses of expansion, participating objectives, time, cost, and quality. By virtue of construction project management, an eager understudy/project director can essentially take PMI's definition and place it into a construction setting for a meaning of a construction project chief (PMI, 2010). Construction project management incorporates the masterminding, coordination, and control over various assignments required in construction projects. This could join particular sorts of construction projects, as agrarian, private, business, institutional, present day, generous normal, and regular. Construction project administrators help ensure the project is taking after along to orchestrate. They manage the project so it finishes on time and on the spending arrangement, and that their gathering completes it as demonstrated by construction controls, game plans, and specs. Diverse limits can fuse deciding the degree, spending arrangement, and timetables, picking subcontractors and experts, developing a correspondence framework for settling conflicts, and the sky is the limit from that point (Wallace, 2013). Once the design stage has been finished, the construction project supervisor will allow temporary workers to a project through an offering procedure. Contractual workers are picked utilizing one of three basic strategies: low-offer determination, best-esteem choice, or capabilities based choice. The project proprietor will share project data to a huge gathering of contractual workers, general temporary workers or subcontractors to request offers (PMI (2010). The procedure begins with a cost evaluate from plans and material departures, telling the proprietor how much cash he or she ought to hope to pay all together for the temporary worker to finish the project. As soon as the contributing system is done, the construction stage can begin. In spite of the way that the times of a construction project are special in connection to standard project management, in any case they join and take after an extensive parcel of comparable models. The Necessary Steps for a Successful Project Around the begin of the project, you ought to make and evaluate the business case in order to make sense of whether the project if achievable and if it should be endeavored. Accomplices do their due inventiveness and reasonableness testing may happen if fundamental. In case all social occasions progress with the project, a project contract or project begin document (PID) is made, including the business needs and business case. Next, the project aggregate develops a guide for everyone to take after. In the midst of this stage, the project head makes the project management organize (PMP), a formal, supported answer to guide execution and control. The PMP furthermore records degree, cost, and date-book baselines. Diverse records consolidated into the orchestrating stage fuse a quick and dirty Gantt layout. This is the time when the work begins. After an initiate meeting, the project assemble begins to allocate resources, execute project management masterminds, set up taking after structures, execute assignments, revive the project arrange, and change the project organize. This last stage addresses project wrapping up. Project executives now and again hold an after-death meeting to evaluate what went well in the project and perceive disillusionments. By then, the gathering makes a project punch summary of any assignments that didn't get master, drafts an extreme spending arrangement, and creates a project description. Individuals entering the field of construction management ought to invest energy in the employment site watching the work being done and soliciting parts from inquiries (Khan, 2017). It's essential that section level construction management (CM) comprehend the many field components, for example, climate, site conditions, restricted laydown space, movement blockage, and so forth that can affect cost, plan, quality, wellbeing, and the other project factors that CMs are in charge of overseeing. Khan (2017) concurs that this is the main phase of a construction project and once it is finished, it flags the start of the offering procedure. In design, offer, the form gets, the proprietor picks a contractual worker in view of finished designs. In this stage, a modeler or designer first evaluates the achievability of the design in light of directions and codes of the working, and the number of rooms, the measure of the building, and the measure of space. At that point, he or she makes schematic designs, or portrays, investigating the sort of hardware and materials required and their cost. The offering procedure is over and the proprietor has picked a temporary worker. The temporary worker is then combined with the project group, including an agreement director, project chief, field designer, and administrator. At that point, the group prepares the site for construction. They lead a site examination, test soil, and distinguish any conceivable sudden circumstances, as ecological issues. The project group buys the required hardware, materials, and work. At the end of the day, the acquirement stage is the point at which the group purchases all that they have to finish the project. The multifaceted nature of this stage relies on upon the measure of the project and the organization. Huge, national construction organizations ordinarily have obtainment divisions that buy work and materials for many projects immediately. Then again, for littler projects, the administrator may purchase little amounts of materials from nearby building supplies or contract a neighborhood worker (Nokes, 2011). To commence the construction stage, the administrator will orchestrate a pre-construction meeting with the subcontractors and material merchants to set the guidelines for cooperating. At that point, the group must prepare to begin construction, finishing exercises like setting up brief storerooms, securing the site, building up materials and taking care of plan, setting up wellbeing projects, and that's only the tip of the iceberg. From that point onward, the group starts construction. When construction is finished, the charging stage creatures. There are two sections to the dispatching procedure. To begin with, the project group must test the frameworks and hardware to ensure everything is working accurately before turning over the working to the proprietor. At that point, the group must prepare the proprietor's workforce in the operation and support of the frameworks in the new building (Smith, 2017). At the point when the proprietor moves into the new building, a guarantee period creatures. This guarantees every one of the materials, gear, and building quality meet the desires incorporated into the agreement. There are two sorts of guarantees: express guarantees (composed and incorporated into the agreement) and inferred guarantees (set up or required by law). This last stage takes care of any potential issues. The group formally finishes any staying legally binding commitments to complete the project. They may make a project punch rundown of any assignments that didn't get proficient and may lead a post-project survey, record lessons learned, file project archives, or set up a project fruition report (Nokes, 2011). Ensuring the Clarity of Announcements The awful news is similarly as vital as uplifting news. Ensuring all partners in the project know about what is going on at work will limit the telephone calls, messages, and phone calls amidst attempting to settle or recuperate from an issue nearby. The construction business is amidst change - cost, project conveyance frameworks, innovation, socioeconomics, and, maybe most critical, manageability ("green") desires, are all affecting how projects are designed, manufactured, overseen, and financed. Fruitful CMs are agile and educated and comprehend the ramifications of these many changes. The old method for doing things is vanishing; staying up with the latest on everything from principles and codes, to construction practices, to collective project conveyance and more will be required. In construction management, the more individuals plan the more fortunate they get and the more fruitful the project gets to be (Paul, 2015). Arranging starts before beginning the project, including; choosing the best construction approaches, setting up the construction plan/program and sorting out assets. It likewise includes day by day and week after week arranging through the term of the project to guarantee all errands are finished. Construction is about cooperation and great correspondence is fundamental for each project director. He/she needs to speak with the group, subcontractors, providers, customer, designers, nearby specialists and here and there neighbors and individuals from the general population. Never quit considering or dissecting all that you find in a project. Never underestimate anything. The construction management calling requests finish consideration, incredible duty and fantastic learning and examination aptitudes. Experience the project in its everyday and alw ays remember to plan for the unforeseen. Concluding Remarks Additional construction resources through numerous partners, many subtle elements, and many reports, construction projects can be mind boggling and hard to oversee. Be that as it may, the way to being fruitful is to never quit learning, to remain sorted out, and to convey every now and again and plainly. Project Management unites the commitments of a routine project boss with the capacities and authority of the construction business. Since construction projects are constantly changing, a productive construction project chief needs a broad assortment of aptitudes and abilities to regulate distinctive gatherings and projects. Fruitful construction project supervisors ought to have an extensive variety of aptitudes and capacities to help them oversee assorted groups and projects. A strong training is an awesome place to begin and absolutely sets you up for the construction business. Be that as it may, there is not a viable alternative for genuine living, hands-on work understanding. References Catani, G., Ferriani, S., Frederiksen, L. and Florian, T. (2011) Project-Based Organizing and Strategic Management, Advances in Strategic Management, Vol 28, Emerald Dennis Lock (2014) Project Management (9th ed.) Gower Publishing, Ltd. Joseph J. Phillips (2013) PMP Project Management Professional Study Guide. McGraw-Hill Professional, p. 354. Khan G. (2017) Beginner's Guide to Construction Project Management. Retrieved on March 13, 2017, from https://www.smartsheet.com/construction-project-management-101. Nokes, S. (2011) The Definitive Guide to Project Management 2nd Ed. London, Financial Times /Prentice Hall Paul C. Dinsmore (2015) The right projects done right! John Wiley and Sons. PMI (2010). A Guide to the Project Management Body of Knowledge p. 27-35 Smith M. (2017) Project Failure Wembley Stadium | Strategic PPM. Retrieved on March 13, 2017, from https://strategicppm.wordpress.com/2011/01/17/project-failure-wembley-stadium/. Wallace D. (2013) What is Project Management? Project Management Institute. Retrieved 2017-03-13.

Charles Loring Brace Essay Example

Charles Loring Brace Essay Charles Loring Brace Founder, Children’s Aid Society New York City Beth Boersma University of Georgia SOWK 6011 Fall, 2010 Introduction Charles Loring Brace is recognized as one of the founders of child welfare reform in the United States, particularly in the area of foster care and adoption. His work was conducted in the nineteenth century in New York City, in the midst of one of the most prolific eras of change in U. S. history. This paper will describe and summarize Brace’s background and the influences that led to his work, the impact of his work on the society of his time, the legacy of his work, and its influences on child welfare efforts today. Social Background Charles Loring Brace was born June 19, 1826 in Litchfield, Connecticut, described as a small but prosperous village, wholly lacking in urban luxury or vice, but providing its residents with something approaching urban levels of learning and culture. It was the home of the nation’s first law school†¦.. also the home of one of the first secondary schools for girls in the United States, the Litchfield Female Academy, graduates of which included Harriet Beecher Stowe and her sister Catherine Beecher† (O’Connor, 2001, p7). Charles was the second of four children born to John and Lucy Brace and, in the Puritan tradition of the time, he was primarily educated by his father. We will write a custom essay sample on Charles Loring Brace specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Charles Loring Brace specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Charles Loring Brace specifically for you FOR ONLY $16.38 $13.9/page Hire Writer John Brace was a teacher at the Litchfield Female Academy, where he displayed a progressive slant on education by reforming the curriculum typically taught to girls to include more challenging subjects â€Å"including science, higher mathematics, logic and Latina curriculum that at the very least equaled that of most boys’ academies† (O’Connor, p. 8). Young Charles often sat in on his father’s classes and was undoubtedly influenced by the senior Brace’s feminist philosophy that female children should be educated on an equal level as males, in order to â€Å"improve woman’s ‘rank in society, placing her s the rational companion of man, not the slave of his pleasures or the victim of tyranny’† (O’Connor, p. 8). John Brace and his wife also believed strongly in the Calvinist traditions of duty, diligence, sacrifice, fortitude, and self-control and passed these values on to Charles. The Braces valued nature and Charles developed a strong connection between the beauty and grandeur of the outdoors and his related feelings of joy and immense satisfaction of being alive. Perhaps the most enduring value that Charles learned from his family was moral philosophy, or â€Å"the attempt to determine the nature of one’s obligation to one’s fellow man—and to God—and the attempt to discipline one’s character so as to fulfill that obligation to perfection†. (O’Connor, p. 18). Another early influences in Charles’ life was Horace Bushnell, a Congregational minister in Hartford, CT, where Charles and his family lived after John Brace took a position at the Hartford Female Seminary (founded by Catherine Beecher). Bushnell is â€Å"regarded by many as the most important American religious thinker of the nineteenth century† (O’Connor, p 18). Rev. Bushnell promoted the ideals of spiritual development throughout the lifespan, which was in direct opposition to Calvinistic beliefs of the innate depravity of humans from birth. This idea would deeply impact Charles’ later work. Charles entered Yale in 1942 at age sixteen and he proved to be an excellent student. At Yale, Charles became close friends with his roommate, John Olmsted, as well as John’s brother, Frederick Law Olmsted, the future architect and urban designer. During his years at Yale, which also included some time at the Yale Divinity School, Charles demonstrated a strong interest in philosophy and he explored a variety of the world’s religions and spent lots of time debating various issues and ideas with his friends and classmates. This led to Charles’ development of a set of beliefs that would guide his life’s work: First, despite the societal attitude that poverty and criminality were synonymous, Brace believed that a truly just system would see that â€Å"lawbreakers might have motives or other qualities that redeemed them, and that God cared less about human law than about romoting happiness† (O’Connor, p. 30). Second, Brace believed that the family was the primary method of shaping humans, as well as the tangible â€Å"image of God’s relationship to humanity: God was a father who loved His children and only wanted only their happiness† (O’Connor, p. 31). Brace went on to view G od’s father figure as trying to mold or improve the character of His children, a value that justified Brace’s efforts to use Christianity and Protestant values as the guiding principles in his work. After the death of his beloved sister, Emma, in 1850, Charles spent a few years travelling across Europe as a foreign correspondent for American newspapers after college and he also used this time to visit schools and other organizations that served the poor in Germany, Hungary, Ireland and England. One result of this time of exploration, observation and study was that Charles came to understand Protestant Christianity as the most advanced, and therefore most superior, guide to moral behavior. He viewed the improved social standing of women and advances in the care and treatment of children as the direct result of the influence of Christianity. Brace stated that â€Å"of all practical changes which Christianity has encouraged or commenced in the history of the world, this respect and value for children is the most important, as it affects the foundation of all society and government, and influences a far distant future† (Bullard, 2005, p. 31). Social Context Throughout Charles’ life thusfar, cities in America had been experiencing tremendous change. The Panic of 1837 had significant impact on levels of unemployment and homelessness, as well as a loss of faith in the idea that religion could be a primary means of change (Nelson, K, 1995, p. 57-58). Events such as the Astor Place riot (1849) and rampant outbreaks of disease caused citizens to believe that â€Å"the foundations of civilization were crumbling at their feet† (O’Connor, p. 42). Movement toward industrialization and urbanization, as well as the swell of immigration during this time contributed to unprecedented levels of population, crime, violence, and other social concerns such as drunkenness, prostitution and domestic violence. The transition from a primarily agricultural society to an industrial one, while beneficial in many aspects, was producing social problems that needed ways of being addressed. After completing his studies at Yale Charles, believing that he heard a call to the ministry, moved to New York City in 1848 to study at Union Theological Seminary. His friend, Frederick Law Olmsted, was already in New York and had written to Charles about his visions for the work they might do to impact the current circumstances of people in the city: â€Å"Throw your light on the paths in Politics and Social Improvement and encourage me to put my foot down and forwards. There’s a great work wants doing in this our generation, Charley—let’s off jacket and go about it† (O’Connor, 2001, p. 26). Upon arriving in New York City, Charles was shocked to see the levels of poverty in the city. Slums overflowed with immigrants and workers who had flocked to the factories that proliferated with the boom of industrialization. Working-class families lived on the edge of poverty; when they slipped over that line, their children were forced to supplement their parents’ income with what they could earn on the streets. Those from the most destitute families—ravaged by disease, alcoholism and violence—often never returned home. (Eviatar, 2001, p. 25). The prevailing response to the increasing numbers of street children was to place them in orphanages, prisons, asylums or indentured servitude. Members of the privileged Victorian upper classes viewed poor children primarily as future criminals and miscreants. Charles Loring Brace, however, saw these children a little differently: Although he thought there were some things that were truly ‘dangerous’ about this class of children (not only as future rioters and robbers but as voters who might elect presidents out of ignorant rage), Brace was one of the first public activists to recognize their authentic virtues and their tremendous potential for good. He truly liked the children he worked with, but more important, he respected them† (O’Connor, p. 78). Brace admired the self-deprecating humor, energy, independence, resolve, moral code, generosity and resourcefulness of the children of the streets. When Charles Darwin’s The Origin of the Species was published in 1859, Brace read it repeatedly and came to view these children, the survivors of â€Å"the struggle for existence† in the fiercest environments, as potentially the most evolutionarily advanced individuals in the nation. â€Å"The problem, as Brace saw it, was that the very environment that bred these robust and most characteristically American of Americans often led them to employ their natural abilities in the worst possible manner, with respect to both their own well-being and society’s† (O’Connor, p. 80). Contribution to Social Work In her textbook, A New History of Social Welfare, sixth edition, Phyllis Day describes Charles Loring Brace thusly: Brace believed that pauper families should be prevented from getting any kind of relief that would keep them together. His solution was to relocate children with families in the West, where they might learn the benefits of hard work in an untouched environment. For twenty years, haphazardly and without follow-up, often simply â€Å"taking† (kidnapping) children they felt were in need, agents loaded children on trains and shipped them to cities in the West, where they were â€Å"picked over† and chosen by families. Unfortunately, many families just wanted the extra help and badly mistreated the children. Many simply disappeared, either running away, getting lost, or dying (Day, 2009, p. 233). Upon further exploration, however, Brace actually had a much deeper desire to help further and deepen the lives of the street children of New York, and he made developing ways of assisting them the primary focus of his work. Brace worked in several settings in New York City (missions, almshouses, tenements, etc. in the early 1850s and honed his focus: â€Å"The way to save the children of the slums, then, and to allow the nation to benefit from their enormous potential, was to find a way to alter their environment so that their best qualities could thrive and become a boon rather than a curse. All of the early projects of the Children’s Aid Society would be attempts to modify the environment of poor children so as to replace the worst influences exerted on them with more â€Å"Christian† one s (O’Connor, p. 80). In January, 1853, Brace met with a group of concerned individuals to discuss these ideas and issues and they founded the Children’s Aid Society (CAS), with a goal of helping the children of the streets by â€Å"plac(ing) them in an environment where their most basic physical needs could be met and their own most healthy and virtuous impulses would make them want to improve themselves, to become the very best men and women they could be† (O’Connor, p. 82). Brace was selected as the leader of the organization, with responsibility for developing plans for the agency’s work as well as the marketing and advertising strategies that would support it. While Brace’s primary intent for the CAS was to follow his belief that Christian men had â€Å"a responsibility to God† to care for the less fortunate children, he also developed a method of appealing to wealthy New Yorkers, the potential financial backers, by showing the advantages of the CAS’ work in attempting to ensure that future society would be protected from the potential negative impact of leaving these children to their own devices on the streets. The CAS borrowed some ideas from existing social service agencies of the time, such as holding â€Å"Sunday meetings† and opening Industrial schools, which were designed to provide an opportunity for the street children to develop basic reading, writing and arithmetic skills, as well as to develop useful job training and trade skills that were of benefit to society. â€Å"Girls learned the ‘needle trades’ (sewing, and dress- and hat-making) and skills they could use as domestics (housecleaning, cooking, serving). Boys were taught such skills as carpentry and shoe- and box-making† (O’Connor, p. 86). Most of the children served were teenagers and the CAS treated them as competent individuals, capable of deciding on their own whether or not they wanted to participate in CAS services. The CAS did employ strong persuasive and evangelical techniques, in an effort to encourage participation, but did not force anyone to participate against their will. Unlike asylums, orphanages, houses of refuge and prisons, which attempted to reform poor children by submitting them to inflexible routines of training, religion and work, the CAS primarily attempted to shape children’s character through the choices it offered and the ‘unconscious influence’ exerted by its ostensibly virtuous staff. Brace believed, in fact, that the offering of choice itself was character-building because it encouraged autonomy and independence† (O’Connor, p. 87-88). The New York newsboys became the face of the children served by the CAS. Popular books by Charles Dickens and Horatio Alger had put the newsboys in the forefront of societal awareness and Charles Loring Brace viewed the newsboys as the personification of the strengths and qualities that he admired most about the children of the streets. The CAS opened the first Newsboys’ Lodging House in 1854, in order to provide reasonably-priced lodging as an option to sleeping on the streets. Residents of the lodging house were expected to pay six cents for a bed and four cents for a meal, in accordance with Brace’s beliefs in self-sufficiency and independence. The lodging house also provided various opportunities for children to engage in reading the Bible and learning about the Golden Rule and the love of God. However, as time passed, Brace saw the benefits of providing practical information and education to the children, such as financial management and educational skills, haircuts, and basic medical treatment. In the lodging houses children were, as Brace described it, â€Å"shaped to be honest and industrious citizens; here taught economy, good order, cleanliness, and morality; here Religion brings its powerful influences to bear upon them; and they are sent forth to begin courses of honest livelihood† (O’Connor, p. 93). As the railroads expanded West, Brace developed another option for assisting homeless children of the city. Expanding on the seeds planted by Rev. Bushnell in his youth, Brace came to believe that, as the moral and spiritual development of children had the potential to be impacted by all they came in contact with, facilitating the move of the street children to more â€Å"decent and properly Christian† environments would be the best way to preserve and enhance their character. By using his contacts with a railroad executive and patron of the CAS, Brace developed an â€Å"Emigration Plan†, in which children who were orphans or from destitute families could sign up for train transport West, towards placement with a new â€Å"family†. Brace strove to maintain the importance of the child’s independence and did not follow the â€Å"indenture† plan of earlier times, in which children were bound to their new family for a period of time in order to pay off debts related to their inclusion in that household. Under Brace’s plan, the CAS or the child’s family maintained guardianship and the relationship between the child and the placement family could be dissolved at any time if either party was dissatisfied. The child was expected to work as a member of the new family, in order to â€Å"pay† his/her way. The new family was expected to provide room and board, make arrangements for education of younger children, provide opportunities for the child to develop work skills and experiences, and provide them some money upon reaching age 21, at which time the child was expected to assume full independence and responsibility for himself. According to CAS archives, CAS moved an estimated â€Å"105,000 children between 1853 and the early 1930s† (O’Connor, p. 49) to the West. While the â€Å"orphan trains†, as they became known, were a massive undertaking, Brace also maintained focus on the local efforts in New York, opening the first Girls’ Lodging House in 1862 and continuing to work with the CAS until his death in 1890, consistently working to enhance the reputation of the CAS, as well as to provide support for children in need. Criticisms Critics of Brace have identified several issues with his work. Throughout the Orphan Train activity, there were consistent complaints that these efforts were, in fact, a move to proselytize Catholic youths (the majority of the street children) and to send them to Protestant families in the West, where they would lose connection with the faith of their ancestors. After Brace’s death, his sons took over the management of CAS and they actually took steps to focus efforts on Protestant children in order to decrease this criticism. Catholic children in need were the focus of Catholic-specific aid agencies. Another complaint was the lack of consistent record-keeping on the children served, especially those sent West. CAS did not take steps to verify the circumstances of children who showed up to take a train trip and there were many who were critical of the fact that some of the children who were sent away were, in fact, from intact functional families. A third issue for critics was that Brace appeared to be somewhat selective in the information that he made public regarding CAS’ work, apparently choosing to idealize the results and minimize the facts related to those whose cases did not end positively. The vast majority of the children who were sent West did not receive any follow-up; neither was there any screening mechanism to determine if placement families were actually upstanding people, or if they might be taking advantage of, or abusing, the children placed with them. In promotional writings, Brace frequently depicted the orphan train efforts as having very high success rates, but in actuality, â€Å"approximately 20 percent of records made under Brace’s stewardship are so incomplete that it is impossible to get any idea of how a child fared in his or her new home, and most of the remaining files are so fragmentary that conclusions based on them can only be educated guesses at best† (O’Connor, p. 49) Clay Gish (1999) identified another criticism that still affects child welfare efforts today: â€Å"One of Brace’s most enduring—and most problematic—legacies to modern social services is that he made it acceptable policy to intervene in the lives of the poor on the grounds of protecting their children† (Gish, p. 137). Summary Charles Loring Brace made many contributions to child welfare reform in the nineteenth century. As described by Howard Husock (2008), â€Å"the scale of what Brace did is stunnin g, especially for those who believe that only government can undertake large-scale efforts to help the poor. Over its first 27 years, the Children’s Aid Society provided temporary assistance and moral instruction to the 170,000 children who passed through its seven Lodging Houses. It also placed 50,000 orphans and other street children in homes in Michigan, Wisconsin and other points west, in order to bring them under the ‘healthy influence of family life’. And it established ’21 day schools’—vocational schools for older kids—‘and 14 night schools, with an aggregate annual attendance of about 100,000 children† (Husock, p. 4). Husock continued: â€Å"In a manner now familiar, he (Brace) identified and described a social problem: child homelessness and its potential to fuel ‘the dangerous classes’. He established a freestanding organization, not linked, for instance, to any one church; assembled a board; successfully solicited thousands of donors; and brought together volunteers and paid staff† (p. 5). Brace arguably impacted the crime rates in New York City as a result of his work as well. A review of crime records in New York from 1861-1871 (O’Connor, p. 75) shows that, while the city’s population grew consistently, arrest rates for vagrancy and petty larceny (the primary crimes children were arrested for) decreased each year. Brace also positively affected the implementation of truancy laws in the city, through his consistent and vociferous support of compulsory education for all children. As time has passed and Brace’s work has been reviewed, many critiques and p roblems have been identified. However, when viewed in the context of nineteenth-century society, Brace’s work shows a progressive ideal that undoubtedly made a difference. The efforts had decidedly mixed results and certainly did not end in overwhelmingly positive outcomes for every child involved. However, research shows that Brace’s true intent did indeed appear to be to help those in need, in accordance with his personal religious mandate of having an obligation to do so. As a child who was adopted at birth, this writer can appreciate Brace’s efforts to facilitate the movement of children in need to more positive and family-oriented situations. I certainly feel for many of the children and families that were separated, whether as a direct result of Brace’s efforts or by some ther circumstance, as this was surely a heart-wrenching experience to have. Then again, I recognize that I am viewing these situations through a twenty-first century lens, which colors my perspective a bit. In the nineteenth century, children were expected to work and be contributors to the family’s well-being as opposed to current views of children a s â€Å"special† beings primarily in need of love and support in order to grow, develop and become productive and upstanding members of society. Charles Loring Brace lived during the beginnings of the shift in societal views on children and their roles. In review of his work, it appears that he did what he was capable of to make a difference in the lives of those he was called to serve.

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Fulfilment of Obligations for a Contract

Fulfilment of Obligations for a Contract Jack’s purchase of â€Å"the machine† from Jim of Agricultural Supplies Ltd is one for a specific purpose. The contract with ASDA will no doubt reap substantial reward. The machine is a fundamental part of that agreement, as Jack cannot fulfill his obligations without it. The importance of the machine being able to produce vegetables that comply with the terms of the contract with ASDA was brought to the attention of Jim at the time the contract was entered into. The question of whether Jack can recover anything beyond the price of the machine after it fails to deliver will initially depend upon the interpretation of the exclusion clause. The contract specifically excludes liability for any consequential loss whatsoever. This would include the loss of profit to be suffered by Jack as a result of ASDA summarily terminating their agreement. Such terms are however subject to the Unfair Contract Terms Act 1977, and more specifically s. 3[1], and the test of reasonableness contained within s. 11. There is a standard requirement that the term is â€Å"fair and reasonable[2]† but what amounts to this will be a question of fact in each case. Not only will it look at the extent of what the clause is attempting to exclude, but also the bargaining position of the parties. As both are essentially acting â€Å"in the course of a business† there is a suggestion that there is an equal footing and the greater the equality, the more likely that an exclusion clause will be considered reasonable[3]. What is fair to infer from the facts of this case, is that Jack is not an experienced businessman with an understanding as to the operation of a clause that would exclude liability. He may well have noticed its presence, but requires firm clarification as to what he can actually recover in the event of a breach. It is Jim’s response that leads to the exclusion clause probably becoming unenforceable. The clause is attempting to limit the liability of Agricultural Supplies Ltd but Jim, a company Director contradicts this position and assures Jack that any consequential losses will be covered in the event of a breach. S 11(1) UCTA 1977 states that the term may be considered reasonable having regard to the circumstances known to, or in the contemplation of the parties when the contract was made. It would be harsh in this case to deny Jack the ability to rely upon Jim’s assurances. Certainly there is a strong argument that Jim’s statement will become a term of the con tract, overriding the earlier exclusion clause. It was the parties’ true intention and to allow the exclusion clause to stand would not only be unreasonable, but an inaccurate reflection of that intention[4]. Assuming therefore that the exclusion clause itself does not prevent a claim in principle for losses beyond the defective machine, we can consider the issue of lost profit arising from the agreement with ASDA. It has traditionally been the accepted practice of assessment of damages in the area of contract, that lost profit following a breach are subject to tests of causation and mitigation. While the general rule in contract law is to put the claimant in the same position as if those terms had been fulfilled[5], it is still necessary for the Court to assess such damages in monetary terms. In Jack’s situation he has an expectation interest which is defined as â€Å"the benefit [the claimant] expected to receive from the completion of the promised performance of the other party’s obligation, but which were in the event prevented by the breach of contract committed by [the defendant][6]†. The difficulty here is that while there is a definable loss i.e. the profit from the contract with ASDA, there is no knowing how long that contract would continue for or how much Jack would receive per annum. Where significant loss has been sustained, the Courts will look to the availabl e evidence to assess quantum[7]. But whether this alone would suffice is debatable. The difficulty is causation; to what extent was this breach of contract the effective or dominant cause of the loss[8]? The case of Headley v. Baxendale (1854)[9] laid down the rule regarding recovery of losses that were allegedly too remote. In modern terms it is stated to be: â€Å"A type or kind of loss is not too remote a consequence of a breach of contract is, at the time of contracting (and on the assumption that the parties actually foresaw the breach in question) it was within their reasonable contemplation as a not unlikely result of that breach[10]†. It would certainly appear therefore that such contemplation was well within the mind of both Jack and Jim at the time of entering into the contract. Indeed, Jack showed Jim a copy of the agreement with ASDA and his statement that Agricultural Supplies Ltd would â€Å"see to it that Jack is compensated for any loss he incurs† certainly seems to suggest an acceptance of the types of loss i.e. future profit, which Jack would now seek to recover. The recent judgment of the House of Lords in Transfield Shipping Inc v. Mercator Shipping Inc (The Achilleas) (2008)[11] has however thrown such assumptions wide open. This case concerned the hire of a ship for a certain period. The defendant failed to return the ship on time and as a result, the claimant lost a contract with a third party. While the defendant accepted that â€Å"in the trade† compensation would have to be paid, the disputed that they were liable for the loss of profit under the second contract. The arbitrators at first instance and the Court of Appeal[12] found for the claimant. The House of Lords however reversed that decision finding for the defendant. The issue of â€Å"assumption of responsibility† was at the forefront of the Lords’ considerations in this matter. While the defendant’s accepted that some losses would be sustained for which they may be liable, the Court felt that the particular kind of loss was not reasonably contemplated. As Lord Hope of Craighead stated[13]; â€Å"a party cannot be expected to assume responsibility for something that he cannot control and, because he does not know anything about it, cannot quantify. It is not enough for him to know in general and on open-ended terms that there is likely to be a follow-on [contract]† What has been established by the case is a second limb to the test in Headley v. Baxendale. A claimant will not necessarily recover losses that were not unlikely to occur in the usual course of things, if the defendant cannot reasonably be regarded as having assumed responsibility for losses of the particular kind suffered[14]. No longer can it be said that such losses were likely, probable or foreseeable alone, the particular type of loss must have been contemplated by the defendant and he nevertheless accepted the risk in the event of a breach. While this issue of a certain type of loss is not a new phenomenon[15], the combination with the test in Headley v. Baxendale has redressed the scope of recovery in contract cases and particularly the issue of remoteness of damage. Baroness Hale[16] has referred to this extension as â€Å"adding a novel dimension to the way in which the question of remoteness of damage in contract is to be answered†. What this case has done is establi sh a negligence type assessment for causation in contract. While the issue of remoteness, and whether the kind of loss was â€Å"not unlikely† to occur remains a question of fact, the issue of whether it was reasonable to assume the defendant accepted responsibility for that particular type of risk is a question in law[17]. Whether this will assist Jack is not clear. It has been suggested that the effect of The Achilleas upon Sale of Goods Act 1979 claims (as is Jack’s) may have relevance. S. 52(2) of the SGA 1979 states that; â€Å"The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract†. If such loss of profit from the agreement with ASDA is to be â€Å"not unlikely† to occur, then Jack may have to establish that Jim assumed responsibility for that particular type of loss. In Chitty on Contracts[18] it is submitted that the House of Lords see their decision as a separate rule when applicable to sale of goods contracts. It should be noted that the facts of The Achilleas related to shipping contracts and the House noted that lack of case law considering this specific issue. While not limited to this area of law, the decision as opposed to other areas i.e. sale of goods, needs to be watched with trepidation. Ultimately there are reasonable prospects for Jack to secure damages beyond the cost of the machine. It can certainly be argued that Jim accepted the risk of the particular type when he was referred to the contract with ASDA. The loss of profit resulting from the termination of that agreement is not the only possible pecuniary disadvantage Jack could suffer i.e. damages claimed by ASDA, returned goods through poor quality etc. This coupled with the uncertainty as to the duration and net value of the contract makes quantum an almost impossible task. It should be noted that such losses have been recovered in Victoria Laundry (Windsor) v. Newman Industries (1949)[19], and more specifically for lost profit arising out of defective equipment under a contract of sale in H Parsons (Livestock) Ltd v. Uttley Ingham Co Ltd (1978)[20]. However the particular circumstances of Jack’s contract are quite unique, and the possible extension of the remoteness rule will not appear to be a help. BIBLIOGRAPHY Chitty on Contracts; Thirteenth Edition 2008, Sweet Maxwell Publishing Peel, E.; â€Å"Remoteness Revisited†, L.Q.R. 2009, 125(Jan), 6-12 Poole, J.; â€Å"Casebook on Contract Law†, Ninth Edition 2008, Oxford University Press McKendrick, E.; â€Å"Contract Law: Text Cases and Materials† Third Edition 2008, Oxford University Press Tamblyn, N; â€Å"Damages Under String Contracts for Sale of Goods†, J.B.L. 2009, 1, 1-14 Rose, F.; â€Å"Blackstone’s Statutes on Contract, Tort Restitution 2008-2009†, Nineteenth Edition 2008, Blackstone Press www.westlaw.co.uk – as accessed on 22nd December 2008 1 Footnotes [1] UCTA 1977 s. 3(1) â€Å"This section applies as between contracting parties where one of them deals†¦on the other’s written standard terms of business†; Chester Grosvenor Hotel Co Ltd v. Alfred McApline Management Ltd [1991] 56 Build LR 115 [2] UCTA 1977 s. 11(1) [3] Watford Electronics Ltd v. Sanderson CFL Ltd [2001] All ER (D) 290 CA [4] This section can be expanded upon to include additional cases on exclusion clauses in any text book. There is also an argument for rectification by mistake i.e. Joscelyne v. Nissen [1970] 2 QB 86 (CA) [5] Golden Strait Corp v. Nippon Yusen Kubishika Kaisha [2007] UKHL 12 [6] Chitty on Contracts: Thirteenth Edition, Volume I, at para 26-002 [7] Tai Hing Cotton Mill Ltd v. Kamsing Knitting Factory [1979] A.C. 91, 106. [8] Ibid fn 6 at para 26-032 [9] [1854] 9 Ex. 341 [10] Ibid fn 6 at para 26-054; see also Koufos v. C. Czarnikow Ltd (The Heron II) [1969] 1 A.C. 350 [11] [2008] UKHL 48 [12] [2007] Lloyd’s Rep 555 [13] Ibid fn 11 at para 36 [14] Ibid fn 6 at para 26-100A [15] Victoria Laundry (Windsor) v. Newman Industries [1949] 2 K.B. 528 [16] Ibid fn 11 at para 93 [17] Ibid at para 22 per Lord Hoffman [18] Ibid fn 6 at para 26-100G [19] Ibid fn 15 [20] [1978] Q.B. 791

Mark Twain a Racist? Absolutely not! Essays -- Literary Analysis

Celebrating its 135th anniversary this year, Mark Twain’s The Adventures of Huckleberry Finn is a classic of American literature and is read by millions across the nation every year. However, many claim that the book promotes and endorses the heinous act of racism. In their attacks on the classic, many of the book’s critics employ evidence such as the use of the n-word 211 times (Powers, 2010) and the novel’s repeated inferior depiction of African-Americans. Many supporters of the novel, though, hail it for being so controversial. They claim that the dialogue started when discussing the book is a great chance for students to broaden their views on many controversial topics. As Harris puts it (2000), "If it isn't a dangerous book, there really is no reason for anybody to read it or teach it". Mark Twain’s The Adventures of Huckleberry Finn unquestionably does not promote racism, and actually serves to question the very idea of racism itself, as shown by T wain’s use of realism, the use of a child narrator, and the author’s deliberate intention to criticize the act of slavery and racism. Throughout Huck Finn, Mark Twain employs realism to accurately portray life along the antebellum Mississippi River. Merriam-Webster defines realism as â€Å"the theory or practice of fidelity in art and literature to nature or to real life and to accurate representation without idealization.† Throughout the novel, Twain uses realism to show readers how life was and how blacks were treated. Many critics of the book criticize the language used in the book. As Powers puts it (2010), â€Å"The controversy exploded in 1957, when the National Association for the Advancement of Colored People condemned its 211 uses of the n-word, the infamous epithet for African ... ...-old boy show them the true path of equality and fairness. Twain’s The Adventures of Huckleberry Finn clearly does not promote racism, and actually defames it, and the universal lessons taught in the book can still be applied today. Works Cited Camfield, G. (2005). Race. Retrieved from http://dig.lib.niu.edu/twain/race.html Harris, E. (2000, September 26). 'huck finn' still pushes buttons, professor says. Retrieved from http://www.freedomforum.org/templates/document.asp?documentID=3637 Powers, M. (2010, May 05). Mark twain’s â€Å"adventures of huckleberry finn†. Retrieved from http://www.america.gov/st/peopleplace-english/2010/May/20100505151725naneerg0.2608759.html Salwen, P. (Unknown). The quotable mark twain . Retrieved from http://salwen.com/mtquotes.html Twain, M. (1986). The adventues of huckleberry finn. New York, NY: Penguin Books Ltd.

Orgnizational structure of two companys Essay

Starbucks Corporation is an American global coffee company and coffeehouse chain. It is based in Seattle. It was founded in Pike Place Market in Seattle, Washington March 30, 1971.It is a public business and consist of 149,000 employers as of 2011. In Starbucks the Managers and subordinates alike are working with communications more efficiently. By having a Flat decentralized structure. Flat in the sense that Starbucks has few layers of management and broad span of control and decentralized meaning mangers and employers are allowed to take charge in the decision making instead of headquarters due to the fact that they have close relationship with the customers. Also, since Starbucks specializes in coffee production and sales it cannot be considered a matrix organization. This is because unlike companies like apple and Microsoft where various projects take place on a daily basis, Starbucks just focuses on mainly coffee marketing and coffee production. Wal-Mart Wal-Mart is an American multinational retail corporation that runs chains of large discount department stores and warehouse stores. The company is the world’s second largest public corporation. The company was founded by Sam Walton in 1962, incorporated on October 31, 1969, and publicly traded on the New York Stock Exchange in 1972. It is headquartered in Bentonville, Arkansas. WalMart is also the largest grocery retailer in the United States. Walmart has a total of 2.2 million employees as of 2013. Wal-Mart’s management structure and management style model is created or molded by Sam Walton’s principles and values. Increasing size and geographical scope of Wal-Mart determined that the corporate executives should remain in touch with customers and store operations on a daily basis. This means that Walmart engages in a Centralized authority. Also, Wal-Mart’s regional vice presidents are responsible for supervising between 10 and 15 district managers. The divisional structure is divided into three categories: product, market, and geographic. This means also that walmart specializes in Departmentalization. Moreover, due to its type of industry (retail) not much projects need to be done. In other words, Wal-Mart is a line organization. To sum things up, the structure of Wal-Mart clearly defines the roles of employees and lines of authority. By following divisional structure approach Wal-Mart has a flat Centralized structure which enables it to have a wide span of control and this plays a major role in decision making . References http://www.starbucks.com/ http://www.latimes.com/business/money/la-fi-mo-starbucks-ceo-howard-schultz-government-shutdown-20131008,0,4717965.story http://smallbusiness.chron.com/starbucks-its-organizational-design-12857.html http://corporate.walmart.com/our-story/leadership/executive-management http://www.walmart.com/ http://news.walmart.com/news-archive/2010/01/28/walmart-announces-organizational-changes

Personal life Essay

Dance; a body of expression, a medium of communication, happiness and love. Dance is my passion. I am a trained Bharata Natyam dancer. I am proud to be an Indian because of its rich culture and heritage. In Bharata Natyam Bha i. e Bhaava (expression), Ra i. e Ragha (rhythm) and Ta i. e Taal (beat) are the basic components of a dance. There are seven different classical dance forms in india – Bharata Natyam, Kuchipudi, Kathakali, Odissi, Mohiniattam, Manipuri and Kathak. I am blessed to be a part of this culture. It is my mother who developed this art in me. I have also learnt other dance forms such as Western and Folk. It is through dance that I find inner peace and true happiness. This art form gave me beautiful opportunities. I have represented my country in Dubai, France and Finland International festivals. Being a part of these festivals made me realize even if we have language barrier the language of dance bridged the gap between us. I’ve explored many cultures, their way of living, their way of life through this art. Dance needs no interpretation. Dance is also one of the strongest medium to pass a message. I believe one must use this art for a good cause. Famous dancers such as Hema Malini, Helen, Vayjantimala, Shri Gopal Krishna, Smt Rukhmani Devi, Shri Birju Maharaj are respected for their contribution. Dance taught me to correct myself. It has developed in me the ability of working towards excellence. I’ve acquired certain skills from this art which I believe are my competencies as a manger such as confidence, self-presentation, and an ability to cope with criticism and learn from it. As a performer I have an open mind and the ability to move beyond boundaries and experiment with different ideas. Every human being has a purpose for his existence. I believe my purpose is to spread love and happiness and do my bit for the society. I wish to make my parents proud. I wish to make this world a better place in my own little way. I wish to stay in your hearts forever!!

13 EssentialJob InterviewTips to Help You Get Hired

13 EssentialJob InterviewTips to Help You Get Hired SAT / ACT Prep Online Guides and Tips Oh, job interviews. Love them or fear them, there’s no getting around interviewsfor most working people. Luckily, interviewing’s a skill like any other, and there are lots of ways you can practice and improve your game. This guide contains the best strategies for getting ready for a job interview and making an excellent impression on the hiring manager. Read on for13 essentialtips on what you should do before, during, and after your interview to land your target job! Before the Interview†¦ There are lots of steps you can take to planfora job interview, from practicing your responses to common interview questions to picking out your outfit the night before. Preparation will not only help you rock your interview, but it will also calm your nerves by reducing all those scary unknowns. Read on for the six most important ways to get readyin the days leading up to your interview. #1: Map Your Route The last thing you want to happen on the day of your job interview is to be late. It would be pretty much the worst to end up running into the building feeling frazzled and out of breath. Getting lost and being late are disorienting and will distract you from doing a good job. To prevent this from happening, you should plan how and when to get to your interview beforehand. Map out the route and get a sense of traffic conditions or train schedule on that day. Then write down a schedule for that morning - when you need to wake up, meal prep, getting dressed - or whatever else you cando to take control of timing. A good rule of thumb is to plan to arrive near the building 25% of your total time early. If the commute takes two hours, try to be there 30 minutes early. If it takes 30 minutes, then give yourself seven to ten minutes of extra leeway. Then you can hang out and enter the building about five minutes before your interview. If you’re late on the day of your interview, you’ll get stressed outand start out on the wrong foot.If you walk in way too early, you'll probably make the other employees feel awkward as you lurkinthe entrance hall. While you’re surely preparing what to say, don’t forget to planfor a smooth, punctual arrival, too! #2: Dress the Part In addition to planning your route to get to your interview, you should also think about what you’re going to wear.Business casual clothes tend to be best, otherwiseknown as "corporate classics." You might also get a sense of what employees tend to wear on a day-to-day basis. If you know anyone that works there, that person could be a great source of intel. Of course, those employees have already been hired, so you should dress a little â€Å"up† from what they’re wearing. In general, it's better to err on the side of slightly more formal, rather than less. Pick out your outfit and do any ironing or dry cleaning in advance. By picking out your clothes, you can make your morning easier, look great, and feel more confident. Lookin' sharp. And also like a groomsman in a wedding. This outfit might err on the side of too dressy. #3: Print Your Materials Besides your fabulous self in your corporate classic outfit, what do you need to bring to the interview? Unless instructed otherwise, it’s a good idea to bring a few copies of your resume. You might print out five or so, especially if you’re interviewing with more thanone person. In addition to the interview, you could bring a list of references with contact information or perhaps recommendation letters themselves. You might also have supplemental materials, likea portfolio of work, your sales record, or even a two-month plan you drew up to show the hiring manager what steps you’d take in the new position. Print everything out a day or two beforehand; printers have a habit of breaking at the worst possible time. Gather everything in a folder or binder so that it’s organized and accessible. You wouldn’t want to go shuffling through your bag, taking out old receipts and gum wrappers, in search of your resume right after you just finished telling the interviewer how organized you are! #4: Do Your Research Before the interview is your time to dig deeply into the organization and job. Learn everything you can about the job description and company, like its mission, workplace values, and overall culture. If applicable, you might considerways thecompany could improveand how you could contribute to those positive changes. During the interview, you want to show that you’re knowledgeable about the organization and enthusiastic to join it. By doing thorough research online or by speaking to current or former employees, you can tailor everythingyou say to the new job and company. You can also use what you learned to inform any questions you have for yourinterviewer. Overall, your goal in the interview is to show that you’re qualified and that you have a clear understanding of the job. By doing your research, you can be strategic about what you say and make sure all your answers match up to the opportunity at hand. Inch your nose a little closer to that grindstone! It's time to do some research. #5: Investigate Your Interviewer Beyond learning about the new job and organization, you can also do some investigating about your interviewer. Thanks to LinkedIn, Twitter, and the internet in general, you may be able to get some intel on your interviewer before meeting her in person. Learning about your interviewercan be one more way to be strategic about your answers during the interview. You might uncover common ground, like you both went to the same college or love to play ultimate frisbee, and work it into the conversation. You might be able to spark a connection that you otherwise wouldn’t have known about. OnLinkedIn, your interviewer will likely see that you visited her page. I spoke with a fewinterviewers who said they'dlook favorably on this LinkedIn research as a sign that you're doing your due diligence. They added that they wouldn't be too pleased if you tried to add them as a connection, though. Connecting on LinkedIn should be saved for people that you know. Finally, doing some research on your interviewer is also one other way to help you feel prepared. You can gain a sense of her professional and educational background. This knowledge can help you feel less nervous than you might walking into an interview with a completely anonymous person. #6: Prepare for Questioning The main part of your interview preparation should be thinking about your responses to common interview questions. Just about any interviewer will have questions on hand to explore your background and qualifications. Your interviewer will likely also ask follow-up questions aimed todig even deeper intowhat you have to say. Some common questions include, "Tell me about yourself," "Why do you want this job?" and "What would you contribute in this role?" The hiring manager might also ask you to share specific experiences of times that you achieved something, failed, managed conflict, or demonstrated leadership. In preparing your responses, you should think of ways that you can show that you possess the core competencies that the interviewer's looking for. Once you comeup with your responses, you might also practice by doingmock interviews with a friend - or a mirror! Practice what you would say, aiming to sound natural rather thanrehearsed. You may not have a word-for-word script, but you should make sure to hit salient points. Now that you have a sense of the main steps to prepare in the weeks and days leading up to the interview, let’s go over a few interview tips that apply during the meeting. What can you do to feel confident and make a great impression? Do mock interviewswith a friend to perfectyour responsesand body language. During the Interview... Now for the main event! The interview's your chance to prove to the hiring manager that she should hire you. It's also an opportunity for you to learn more about the position and organization. There's a lot to juggle during the interview, but below are the most important job interview tips for answering prompts, asking questions, and making sure your body language communicates the right message. #7: Be Clear and Concise A lot of interview questions are open-ended (for instance, tell me about yourself), but that doesn’t mean you should tell your whole life story. You want to avoid going off on tangents, and instead produce concise answers that make an impact. Aim to speak for about one to two minutes in response to most interview questions. Try to structure and conclude your answers in a clear way. Without preparation, it’s all too easy to trail off at the end with a vague, â€Å"So, yeah†¦Ã¢â‚¬  You can practice this before the meeting with mock interview practice. Then, when you actually sit down with your interviewer, you'll be ready to deliver your ideas in a clear and impactful way. For more on what this looks like, check out our sample answers to common interview questions here. #8: Ace Behavioral Questions A lot of interviewers ask behavioral questions that call for specific examples. "Describe a time you demonstrated leadership," is one example. "Could you speak to a time that your behavior impacted your team?" is another. Then there’s the dreaded, "Talk about a time that you failed." These can be some of the hardest questions to answer. If you’re caught off guard, then it’s easy for your mind to go blank. Or you might have a lot of situations pop into your mind, but you’re not sure which one you should choose. Ideally, you can choose a success story that illustrates you possess one of the major qualities the hiring manager is looking for. Similarly, if you’re asked to talk about a failure, don’t mention a time you failed because you lack one of the job’s core competencies. As with all your answers, aim to be strategic. Ideally, everything you say willgo on the hiring manager’s list of reasons to hire you. When it comes to questions that deal with weaknesses or mistakes, make sure to focus on the experience as an opportunity for growth and talk about what you did to overcome your problem. Don’t evade the question, but move on from the error to focus on the positive that came from it. Again, be strategic about the examples you choose. Your stories should show that you’ve taken actions in the past that point to your successin thefuture. You might be asked to talk about a specific time you handled conflict, demonstrated leadership, or dealt with a hot air balloon burner blast valvemalfunction (the last one being most relevant for aspiringhot air balloon pilots). #9: Embrace the Culture Beyond showing that you’re qualified, you also want to show that you’d make a strong cultural fit. Here’s where all the research you did before comes in handy. Learn about the company’s values and show that you share those same commitments in your answers. The interviewer may ask you about your work style, relationships with coworkers, or professional values. These types of questions all relate backto cultural fit. Keep an eye out for these questions and realize that they'reopportunities to show why you’d makea great addition to the team. #10: Ask Questions Don’t be fooled into thinking that an interview’s a one-sided interrogation. You should feel free, even obliged, to ask your interviewer questions throughout your time together.The meeting’s not just a chance for the hiring manager to get to know you, but it’s also an opportunity for you to learn more about the job and organization and pick the brain of someone who works there. In addition to getting you more information, asking questions isone more way to show your enthusiasm and readiness to learn. It demonstrates your active interest in the organization. You should save at least two or three good questions for the end of the interview. Most hiring managers ask, â€Å"Do you have any questions for me?†Your answer should always be yes! You might use the ones you prepared or draw on new ones you thought of throughout your conversation. You might ask about a typical day in the office, the organization’s short-term and long-term goals, or what your teammates would be like. You could also do some research on what CEO’s say are their favorite questions from applicants. CEO of Likable, Dave Kerpen, for instance, loved the question, â€Å"How will the work I’ll be doing contribute to the organization’s mission?† as he thought it showed the applicant really cared abouther work and had an eye on the big picture. You can find a longer list of potential questions to ask your interview in this complete guide. As with all your interview prep, make sure to tailor your questions to the target job and organization. Make sure to ask questions to show yourinterest in the position. Good question 1 + good question 2 + good question 3 = pure enthusiasm, as this equation clearly shows. #: Show Enthusiasm Hiring managers want to invest in someone who’s dedicated to the organization and eager to contribute. Taking on a new hire is a significant investment, so enthusiasm for the job is a major factor when deciding who to choose. You can show your excitement through how prepared you are, how much you know about the job and company, and any specific plans you have for what you’d bring to the role. Avoid saying anythingthat could indicate you’re not veryinterested; for instance, don’t ask about how soon you can move up in the company or suggest that the job’s just a steppingstone for you. Instead, express your enthusiasmand show how you’ll channel that positive energyto bring value to the company. #12: Be Aware of Your Body Language Beyond what you say, your body language also communicates a greatdeal. If you’re nervous, it can feel like your hands and arms are doing their own thing independent of your body. Try to be aware of any physical tension and rein it back in. Slouching, crossing both your arms and legs, or perching on the edge of your seat could indicate discomfort, nervousness, or a sense of being closed off. Try toconsciously face your interviewerwith your whole body to show that yourattention is focused on her and what she has to say. Similarly, facing your interviewer directly can show that you're engaged and actively listening. As you do your mock interviews, consider what your body language is communicating and how you can show that you’re confident in your qualifications for the job. The interview process doesn’t actually end when you say goodbye and leavethe room. There are a few more steps that you should take after the interview if you’re serious about getting the job. Read on to learn what you can do after the meeting to solidify your good impression. This crossed arms stance says, "Go away. I'm too cool to talk to you." The moose head belt buckle, though, might undermine that last claim. After the Interview... Your final handshake on the way out the door shouldn't be your last communication with the hiring manager. Instead, you should follow up with her via a thoughtful note. Read on to see what you can say to make your note stand out from the pack. #13: Send a Thank You Note and Follow Up You may have heard that it’s a best practice to follow up with your interviewer after the meeting. But how exactly should you follow up, and what should you say? In most cases, it’s fine to send an email. Depending on the manager and company, a handwritten note might also add a creative, personalized touch. As for the content of your follow-up, you should make sure to thank the interviewer for her time. You should also restate your interest in the position. Beyond these two essentials, you should consider other ways to personalize your note. For instance, you could touch on something specific the two of you talked about or add some more thoughts in response to an interview question. Perhaps you could send a link to an articlethat came up or even news about an activity or movie you'd both discovered was a sharedfavorite. Adding these kinds of extra details is one more way to make a connection with your interviewer and make sure she remembers you. After your follow-up, you’ll likely wait to hear from the employer about next steps or, ideally, the decision to hire you! If the hiring process involves a second round of interviews, then make sure to keepprepping for the next one. Now that you've taken a look at the 13 essential tips for interview prep, let's go over the key takeaways toremember as you get ready to rock your job interview. Sending a thoughtful follow-up after your interview's a nice touch. Sending a basket of red roses is overkill. Key Takeaways for Job Interview Success Interviews can be daunting, and they become even more nerve-wracking if you don’t what to expect. To reduce the unknowns and feel more confident, you should take plenty of time to plan and prepare. Plan how to get to the interview and what to wear. Prepare what you’ll say during the interview and how you’ll follow up afterward. All of this preparation will helpyou feel more confident, especially if you have trouble thinking on your feet in unfamiliar situations. Other strategies can help you feel more bold, too. Try to get a good night’s sleep so you can be energetic and alert. Proactively reduce stress by exercising and consuming less caffeine and sugar. You might even tryâ€Å"power posing† with your hands on your hipsfor two minutes before going into the interview (ideally, where someone can’t see you). Our minds are parts of our bodies, after all, so prioritizing physical self-care can only help get your head in a good place before interviewing. Ultimately, your best bet for job interview success is to show up deeply informed about the new job and organization. Give thoughtful, tailored responses that show you have the core competencies your interviewer seeks and would excel in the new role. Know your audience. Prepare yourself.Get the job. Easy enough, right? What’s Next? You know that you should prepare your responses to common interview questions, but what exactly are those questions? Check out this comprehensive guide for the top 100 questions asked in a job interview! Are you wondering how to structure your responses? This guide has real sample answers to seven of the most common job interview questions. Are you in the midst of the job hunt? Check out this guide for six free cover letter samples, plus a step-by-step cover letter template to guide you through the writing process. Have friends who also need help with test prep? Share this article! Tweet Rebecca Safier About the Author Rebecca graduated with her Master's in Adolescent Counseling from the Harvard Graduate School of Education. She has years of teaching and college counseling experience and is passionate about helping students achieve their goals and improve their well-being. 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