Saturday, October 5, 2019
What factors should determine the action to take if an incident arises Annotated Bibliography
What factors should determine the action to take if an incident arises in which an employee does not have the authority to make a decision, but delayed action could enhance the problem - Annotated Bibliography Example International Journal of Human Resource Management, 13(8), 1299-1310 West et al. (2002) explores the challenges faced in emergency procedures in a hospital setting due to the limits of authority levels. The writer puts the welfare of the patient, while making all the decisions that should be made regardless of the level of authority of the employee. He points out that, the organization policy should provide for such situation such that the employee available with the necessary expertise should make the necessary decisions for the safety of the patient regardless of their authority level. This brings the organization culture into focus. The employees should consider the organization culture concerning this matter. Bharosa, N., Lee, J., & Janssen, M. (2010). Challenges and obstacles in sharing and coordinating information during multi-agency disaster response: Propositions from field exercises. Information Systems Frontiers, 12(1), 49-65 The writers explore the place of ethics in emergency situations in a business organization. Bharosa et al. (2010) argues that ethical standards should be the pinnacle of every decision an employee needs to make during an emergency situation. For instance, in a case where there is a fire break out and an employee has to choose between the safety of a person and the safety of the company assets, the safety of the person comes first. Hence, the employee has to consider ethics before making any decision. According to Boin et al. (2010), the leadership style adopted by an organization affects the decision-making process in the organization. The writers argue that in an autocratic style of leadership, the management makes all the major decisions, and the employees are expected to consult the senior management in case of any emergency. For the case of democratic style of leadership, the management entrusts the decision-making process to the employee in their specific field of operation. Hence, the employee should
Friday, October 4, 2019
The Churchs Teaching On Euthanasia Assignment Example | Topics and Well Written Essays - 1500 words
The Churchs Teaching On Euthanasia - Assignment Example A person suffering from severe pain may not deserve to experience it from a humanitarian point of view. Thus, euthanasia or an act of mercy killing has become one of the most debatable issues in contemporary time because for some it might be the right answer but for others, it is the wrong way around.For instance, Catholic Church strongly opposes euthanasia. It is evident that the church strongly believes that it is a crime before God. Catholic Church believes that it is only God who has the right to take back our lives since He creates them. Thus, He alone has the right to destroy what He has created. Euthanasia, as defined to be mercy killing, is just a way to eliminate the pain from the point of view of those who supported it. However, the Catholic Church strongly opposes it due to its strong stand that it is not actually eliminating the pain but actually the patient. This stand can be clearly elaborated based on how the Catholic Church defined the value of life (Vatican, 1980). I n this point of view of the church, euthanasia is considered a way just like of a murder in which the patient is denied his or her right to live. This is due to the point of the church that with euthanasia it is life by itself which has to be eliminated from the person. The Catholic Church strongly opposes euthanasia because based on its stand, the very act of eliminating life of an individual even though it may help him from not experiencing too much adverse pain should not be initiated by human hands.
Thursday, October 3, 2019
Look closely at the requiem Essay Example for Free
Look closely at the requiem Essay The interaction between Biff and Happy in the scene is very representative of how their characters have changed over the play. Happy is angry with Willy. With the atmosphere being in such melancholy, Miller makes Happy angry so the audience can see his fallibility as a character. He has followed the same dream and Willys death and subsequent failure threatens his identity. This is because Miller uses Happy to represent the wrong way of going about life and, juxtaposed with Biff, you can see how Miller criticises the American consumer dream. Biffs character has been enlightened and has broken free of the self-denial and lies Willy imposed on them through his upbringing, seeing what has happened to Willy and not wishing the same fate. Biff sees Theres more of him in that front stoop than in all the sales he ever made and his fondly retrospective attitude in this scene will lead the audience to be more sympathetic and affectionate towards his character. This is because he has acknowledged the death of Willy and realised why. He understands now that he must follow his own dreams not the same dream as everybody else. He can see Willy would have lived a better life if he had done so and wants to no follow him down a similar path. Miller also does this, as he wants the audience to see Biff is a happy person without the money as he has realised the things he wants from life do not involve it. Happy can be seen by the audience as a nai ve character as he has not really changed during the play, despite everything he believes in failing before his very eyes. He still believes Willys failure was misfortune and he wants to show the world he didnt die in vain and he says Im gonna win it for him. The audience will be lead into believing he will fail though and go by the same way Willy did. Miller juxtaposes the brothers attitudes with Biff saying I know who I am kid when Happy questions his loyalty to The Loman Brothers! The dramatic effect of this is to show how the two characters have reacted to Willys death. Happy is still hiding behind lies and following the consumer dream whereas Biff seems to have seen the real picture. Miller shows the audience Biffs maturity and power over Happy in his stage directions. Biff looks on Happy with a hopeless glance which suggests to the audience that Biff maybe right. In this scene, we can see Lindas character, one that never seemed to sway or differ, seem the most confused and lost at the end of the play. All the other characters in the scene seem to have some sort of firm idea of the direction after the death of Willy but Linda does not. Miller here is perhaps showing the audience that Willy was her life and now he is gone she has nothing. The dramatic effect of Lindas confusion and sadness is to gain the sympathy of the audience and create a sense of melancholy. She also seems to not have realised much about Willy, his death and why it came about. After his failure, death was the only answer for Willy as he could never achieve his dreams but Linda fails to see this. She cannot understand why he killed himself and it seems to her like he is just on another trip. Her lack of acceptance is representative of how Linda believed everything Willy said. She cannot understand why nobody came to Willys funeral and she feels she has to say goodbye. Her main speech draws on the sympathy from the audience and casts a sombre mood upon the play. She emphasises her disillusion with Willys death by her repetition of I cant cry. She cannot understand as she has followed what Willy has said and wanted and tied herself to his dreams for so long that she knows nothing without him. The use of flute music plying behind her speech emphasises the sorrow and hammers home the tragedy. Linda also has finally paid the house off but therell be nobody home. Miller is using Lindas confusion to highlight that material possessions do not necessarily mean happiness, contrary to what Willy believed. Linda does not know what to do with her life after Willys death, quite simply as Willy was her life and in his death she has nothing. Miller is using this to illustrate Willys failure to acknowledge the love and acceptance he had in his family, when he was more interested in seeking recognition in the business world. Throughtout the play WIllyTh Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Arthur Miller section.
Contract of a Mortgage
Contract of a Mortgage Introduction A mortgage is a contract between two parties whereby the mortgagor uses his land as security for a loan from the mortgagee. In return for the creation of a proprietary interest in the land for the mortgagee, the mortgagor receives a loan and based on the terms of the mortgage has to pay the full sum owed. In the event that the mortgagor defaults on payment, the mortgagee is entitled to take possession of the mortgaged property and recover the full sum owed by the mortgagor usually through the sale of the property and by suing on the covenant to pay the full sum due. Jack and Margaret entered into a mortgage contract with Reading Bank whereby their matrimonial home was used as security for the loan. As Jack has fallen into arrears with regard to the mortgage payments, Reading Bank is now seeking to recover the full sum due under the mortgage. Mortgagees Rights The mortgagor essentially has the cumulative rights[1] to sue the mortgagor on the covenant to repay based on the mortgage contract[2], to take possession of the mortgaged property, to initiate and complete sale of the mortgaged property, to exercise foreclosure and to appoint a receiver. In this task we are only concerned with the mortgagors right to possession as Margaret and Jack are resisting possession. By virtue of the way in which legal mortgages are created, the mortgagee is regarded as having an estate in land and this along with the authority of Four Maids v. Dudley Marshall[3] and Ropaigelach v Barclays Bank[4] gives Reading Bank the immediate right to possession the moment the ink is dry on the mortgage.[5] The right to take possession is subject only to self limitation as expressed in contract and statutory restrictions. Mortgage documents generally contain a covenant that would restrict the mortgagee from taking possession unless the mortgagor is in arrears, it appears that an argument for self limitation covenants would fail. With regard to statutory restrictions on the right of possession a mortgagor, protection for the mortgagor is afforded by section 36 of the Administration of Justice Act 1970 (AJA) as amended by Section 8 of the AJA 1973. By virtue of section 36 of the AJA the court is granted a discretionary power to suspend, adjourn or postpone an application for possession of a dwelling house by the mortgagee if it appears that the mortgagor would be likely in a reasonable period of time to pay any sums due under the mortgage. Whether or not Margaret and Jack can resist possession by virtue of section 36 would depend on whether or not they satisfy the limitations of the effect of the statute. There is no dispute as to whether the mortgaged house in question is a dwelling house however the facts of the case seem to indicate that as Reading bank did not apply for a court order[6] and instead sought self help[7] as the bank merely wrote to J ack and Margaret. It should be noted that when seeking self help possession Reading Bank runs the risk of committing criminal offences if there should be any person lawfully residing on the premises at the time as they are subject to Section 6 (1) of the Criminal Law Act 1977 (if violence was used or had been threatened to be used). However the facts are silent, if Reading Bank did in fact apply for a court order Margaret and Jack will be able to rely on section 36 of the AJA and they would have to prove on the balance of probabilities that it is likely that the arrears will be cleared within a reasonable period[8] in order to satisfy the court. Application of section 36 is not necessarily a negative outcome as mortgagees do not want possession or the expense of a sale. A possession order under section 36 gives the mortgagee all it could ask for: an order for possession, albeit suspended and an order requiring the borrower to repay the arrears and to stick to a schedule for future p ayments.[9] The discretion as to whether to apply for a court order or not is left to Reading Bank. Undue Influence As a mortgage is essentially a contract and the presence of any vitiating factors such as undue influence or misrepresentation may make the entire agreement void and thus unenforceable. The court of appeal in Bank of Credit and Commerce International S.A. v. Aboody[10] set out the categorization of cases undue influence into either class 1 of actual undue influence whereby one party to the transaction can prove on the facts that the other party to the transaction exerted undue influence through an act openly carried out amounting to improper pressure. And class 2 of presumed undue influence[11] which arises when the complainant is able to establish the existence of a relationship of trust and confidence between her and the wrongdoer of such a nature that it is fair to presume that the wrongdoer abused the relationship in procuring her agreement to enter into the impugned transaction[12] In order to resist possession Margaret would most likely attempt to argue that undue influence had in fact been exercised. The burden of proof for undue influence lies on the claimant throughout[13]. Margaret would have to prove undue influence, either actually or with the benefit of an evidential inference (a presumption), which remains un-rebutted. As class 1 cannot succeed the burden of proof would be on Margaret to rely on class 2 in that of the presumption of undue influence. Royal Bank of Scotland v Etridge (No.2)[14] indicates that in order to discharge the burden of proof, the victim has to show that there was a relationship of trust and confidence with the alleged wrongdoer and that there exists a transaction that calls for an explanation.[15] Applying the requirements of Etridge (no.2) for class 2 presumed undue influence to the facts of the case, it would be necessary for Margaret to prove that there existed a close relationship of habitual trust and confidence between and Jack (the alleged wrongdoer) and herself. On the facts it appears that Margaret reposed trust an d confidence'[16] in Jack, the fact that for a great many years Margaret was a housewife raising five children seems to indicate that Jack would be left alone to manage the financial decisions of the household as well as the company. On the assumption that Jack was in fact in control of the financial decisions it would appear that he would have a sufficient position of power to abuse his influence over Margaret as is evidenced by his actions of persistently pressuring[17] her into signing the mortgage despite her obvious reluctance to re-mortgage the house which clearly indicates a betrayal of trust by seeking to fulfil his own interests.[18] When considering the transaction that calls for explanation it is submitted that it would be left to the discretion of the courts, the judgment could go either way. On one hand it can be argued the transaction is plainly disadvantageous to Margaret as she undertakes a serious financial obligation, and in return she personally receives nothing. On the other hand it can be argued that Jacks business is the primary source of the family income and Margaret would mutually benefit from having a lively interest in doing what she can to support the business. However the facts point out that Margaret was reluctant to agree to the transaction and only did so at a point where she was physically exhausted and sick of quarrelling. Jack had also misrepresented Margaret with regard to the actual sum that was to be borrowed, the amount was represented as à £300,000 where else it was in fact for à £500,000. It is submitted that in light of this it the courts would most likely infer that there was undue influence as the transaction will only be explicable on the basis that it has been procured by the exercise of undue influence by Jack. If the courts infer that Margarets consent has in fact been procured by undue influence or misrepresentation, the bank may not rely on her apparent consent unless it has good reason to believe that she un derstands the nature and effect of the transaction. The burden of proof will be on the bank to rebut the presumption of undue influence. The Bank can rebut the presumption by producing an explanation for the impugned transaction[19]. Lord Nicholls in Etridge (no.2)[20] indicates that this can be done if Reading Bank can show that Margaret obtained independent advice from a solicitor or outside advisor[21]. In this case, the facts are silent as to whether or not Margaret obtained any independent advice. In the event that the Margaret has obtained independent advice it would be in the courts discretion as to whether or not the presumption can be rebutted. However if Margaret did not obtain independent advice it is submitted that the courts will most likely infer that undue influence had been exerted on Margaret by Jack tainting her consent with regard to the impugned transaction. If the courts in their discretion infer that undue influence had in fact been exerted then the onus of dis charging the burden will be placed on Reading Bank. The judgment of Lord Browne-Wilkinson in Barclays Bank v OBrien[22] appears to indicate that the wife would only be able to set aside the transaction on the grounds of undue influence if the third party had actual notice of the facts giving rise to her equity. The decision in Etridge (No.2)[23] indicates that the courts will only deem the mortgagee to have notice of undue influence in every transaction where the surety and debtor are in a non-commercial relationship and the loan made was not for the mutual benefit of both parties but instead for the sole purpose of one. Applying the principles to the facts of the case at hand, Margaret and Jack are in a domestic relationship and Margaret is also listed as a director of the company. As aforementioned the courts will only be able to set aside the mortgage on the grounds of undue influence if the Bank had actual notice of the facts giving rise to Margarets equity. The case of CIBC mor tgages v Pitt illustrates a situation whereby the bank was misled by the mortgagor to believe that the loan was to purchase a holiday home, as it was for the mutual benefit of the couple the Bank was not put on inquiry. Jack sought the mortgage in order to expand his business and as aforementioned an argument for manifest disadvantage could go either way. Reading bank may argue that as Margaret was a listed director of the company they could apply CIBC v Pitt whereby the mortgagee was not put on notice as it was for their mutual benefit. However on the other side of the coin Lord Nicholls in Etridge (No.2) stated: In my view the bank is put on inquiry in such cases, even when the wife is a director or secretary of the company.[24] This suggests that the fact that Margaret is a listed director on her husbands company should not thwart Reading Bank from being put on inquiry. The argument for manifest disadvantage could go either way as Margaret has never played an active part in her h usbands business and instead was busy raising her five kids and subsequently working as a nurse. There seems to be no way by which the bank can avoid being put on notice to discharge their obligations to prevent the transaction from becoming impugned. In order to avoid rendering the mortgage void due to undue influence Reading Bank is advised to meet with the vulnerable party privately where by the extent and risks involved in the mortgage should be explained after which the vulnerable party should be instructed to seek independent legal advice in order to obtain a confirmation letter. A confirmation letter from Margarets solicitors acts as proof that Reading Bank has fulfilled their obligations and responsibilities in ensuring that the vulnerable party has obtain independent advise. Proceeding with the mortgage after a solicitors confirmation letter has been obtained will make the mortgage virtually unaffected by any future pleas for undue influence. The facts of the case are silen t as to whether or not Reading Bank has carried out its responsibilities in that of meeting Margaret privately and instructing her to seek independent legal advice to obtain a confirmation letter. In the event that a confirmation letter had been sought any plea for undue influence would be ignored and the Reading Banks rights would be unhindered. However if Reading Bank had failed to discharge their responsibilities and the courts inferred that undue influence had been procured onto Margaret then Reading Bank would not be entitled to possession as the mortgage would only be exercisable upon Jack. This would result in Reading Bank having to seek other remedies to realize the loan such as suing on the covenant to pay. Conclusion It appears that a plea for undue influence would most likely succeed as Reading Bank has failed to discharge its duties and obligations such as ordering a private meeting and advising Margaret to seek independent legal advice. However the facts are silent, If Reading Bank failed to discharge their duties, the mortgage agreement would be deemed unenforceable[25] on Margaret however Reading Bank would still be able to sue Jack on the covenant to repay based on the mortgage contract[26]. If Reading Bank did in fact discharge their duties and obligations they would be able to set aside the presumption of undue influence. This would allow Reading Bank to exercise its rights under the mortgage such as right to possession, right to sale, right to appoint a receiver, right to foreclosure and right to sue on the covenant to repay. With regard to right to possession Reading Bank would have the discretion as to whether to use apply for a court order or not as aforementioned the invocation of se ction 36 of the AJA is not necessarily a negative outcome, it all depends on what Reading bank really wants.
Wednesday, October 2, 2019
Literature And The Workplace Essay -- Literature Work Labor
Literature and the Workplace The relationship between literature and the workplace environment is primarily one of human emotion and interaction. How a person feels about their work, or the issues faced within the workplace are fodder for fiction, non-fiction, and poetry alike. The majority of the working masses actually have a relatively small number of experiences. Though the work itself may be different, and the specific situations unique, the overall anxiety, fears, and concerns are generally the same. This means the audience for this type of literature is wide. Some of the common themes that are found in the literature of work might include finding oneââ¬â¢s vocation and pride in work. These are two of the most positive experiences, and the focus of this paper. The works we will be discussing are the short story, ââ¬Å"My Lack of Gumption,â⬠the essay, ââ¬Å"Pablo Picasso: Living in his own Shadowâ⬠, and the poem, ââ¬Å"Old Men Working Concrete.â⬠Each of these works speaks to the pride and passion of the characters doing the work. Literature is a form of expression that allows a greater range of feeling and emotion to be experienced than any other form. Theater must rely on body language and spoken dialect to form a picture and convey feeling. The written word allows insight into the mind, to see and feel what the individual is thinking at the time. Through this work, each person can relate the work to his or her own situation. In this way, literature is interpreted in many different ways depending on the experience and background of the reader. Workplace literature today... ...les; ââ¬Å"Mary Poppinsâ⬠may provide the inspiration to work with children, brining joy into their life. Young teens may find themselves drawn to Detective stories and pursuing a career in Law Enforcement. The majority of literature has some aspect of human psychology in it. If those humans are employed, there will be an element of work that the reader can relate to and perhaps apply to their own experiences. From technical guides to the literary brilliance of ââ¬Å"Moby Dickâ⬠, literature shapes the lives of every reader. It has a place in every environment, be it the workplace or home. Pick up a book, settle under the blanket, and curl up with the mind of the writer ââ¬â you are sure to find a piece of yourself there. Reference LaRocco, C., & Coughlin, J. (1995). The Art of Work: An anthology of Workplace Literature (one Ed.). Columbus, OH: Glencoe/McGraw-Hill.
Tuesday, October 1, 2019
The Endocrine System Essay -- Biology, Hormones
In the human body we have a system that deals with chemical communication through the use of hormones, the ductless glands that secrete hormones and the target cells that respond to the hormones, this system is called the Endocrine system. This is used to help maintain the essential purpose of the human body which can range the metabolism to growth. This system also works in line with the nervous system in regulating the interior functions and keep up homeostasis and also long term behaviour. There are many hormones in the human body that can affect attitude and behaviour. A very common behaviour throughout the human life, which is affected greatly by hormones, is the sexual behaviour. There are a range of hormones which are created from the gonads and placenta which affect this behaviour. These can be set into two different categories for both male and female, male hormones is known as androgens, which has testosterone which allows the progression of the male reproductive area and the preservation, also provides secondary characteristics and behaviour. The female hormones is known as Estrogens, such as estradiol, which functions in the improvement plus preservation of the womanââ¬â¢s reproductive area, which allows the growth of the other sex characteristics , also the changes in behaviour and in the reproduction of the mammary glands. However both male and females, produce both types of hormones and both have important effects, but males produce more androgens and females produce more estrogens. There has been lots of attention in the connection among behaviour and hormones and it shows that the normal difference in the quantity of hormones which is presented is related with the difference in behaviour. A case of this can be... ...he affects of the female hormones as a result of it been seen as controversial to do. Therefore we have to assume that hormones affect the behaviour of all humans even though research is done on the male hormones. Although there is still knowledge in the fact that when a woman goes through her menstrual cycle that it affects their behaviour and mood, there is still no clear research into which hormones affects this change. On the other hand, females do still contain a little of the testosterone hormone in their system so this could still affect the females behaviour even though they donââ¬â¢t have a high amount of testosterone, however this is still yet to be researched due to complications. Overall we can see that hormones can affects oneââ¬â¢s behaviour and there is still research yet to be done into a greater extent to find which hormones can affect which behaviour. The Endocrine System Essay -- Biology, Hormones In the human body we have a system that deals with chemical communication through the use of hormones, the ductless glands that secrete hormones and the target cells that respond to the hormones, this system is called the Endocrine system. This is used to help maintain the essential purpose of the human body which can range the metabolism to growth. This system also works in line with the nervous system in regulating the interior functions and keep up homeostasis and also long term behaviour. There are many hormones in the human body that can affect attitude and behaviour. A very common behaviour throughout the human life, which is affected greatly by hormones, is the sexual behaviour. There are a range of hormones which are created from the gonads and placenta which affect this behaviour. These can be set into two different categories for both male and female, male hormones is known as androgens, which has testosterone which allows the progression of the male reproductive area and the preservation, also provides secondary characteristics and behaviour. The female hormones is known as Estrogens, such as estradiol, which functions in the improvement plus preservation of the womanââ¬â¢s reproductive area, which allows the growth of the other sex characteristics , also the changes in behaviour and in the reproduction of the mammary glands. However both male and females, produce both types of hormones and both have important effects, but males produce more androgens and females produce more estrogens. There has been lots of attention in the connection among behaviour and hormones and it shows that the normal difference in the quantity of hormones which is presented is related with the difference in behaviour. A case of this can be... ...he affects of the female hormones as a result of it been seen as controversial to do. Therefore we have to assume that hormones affect the behaviour of all humans even though research is done on the male hormones. Although there is still knowledge in the fact that when a woman goes through her menstrual cycle that it affects their behaviour and mood, there is still no clear research into which hormones affects this change. On the other hand, females do still contain a little of the testosterone hormone in their system so this could still affect the females behaviour even though they donââ¬â¢t have a high amount of testosterone, however this is still yet to be researched due to complications. Overall we can see that hormones can affects oneââ¬â¢s behaviour and there is still research yet to be done into a greater extent to find which hormones can affect which behaviour.
Ready For New Achievements Essay
To begin with, through all the writing assignments that I have written so far, I have showed to have the capacity to come out with good ideas. Thinking about possible reasons of the problem, consequences or even solutions to the topic, are all very important as the first step to begin. For instance, while writing assignment number two, I started with questions to make us think how armed guards may not be prepared to work with children, and I listed detailed examples on how its consequences can affect the kidsââ¬â¢ welfare. In doing so, it can make the readers think profoundly, and realize that there is more to worry about over its negative consequences. In other words, deeply comprehending the topic helps to increase my and the readersââ¬â¢ critical thinking and develop better viewpoints and conclusions. Having good concepts, motivated me to write well-developed writings. At the same time, profound thoughts lead me to overthink about the topic and make me spend more time on my writings. Having a lot of ideas to write about are sometimes not necessary. An example of this situation is my ââ¬Å"Kids With Better Futuresâ⬠midterm writing assignment. Since this was an in class paper, I had to come out with strong and good ideas quicker than usual, but I tend to write some run-on sentences. Moreover, I couldnââ¬â¢t show all the ideas I had in that specific moment; because of the time I spent thinking about my main ideas. For example, I could also have written about my own experience as a child and how my parents have been a huge influence in my academic life, or how my environment and life style might affect the way ââ¬Å"The Westernâ⬠and ââ¬Å"Chineseâ⬠parenting styles work. Lacking several ideas made me feel that I did not completely show my thoughts or even feelings about the topic, which I think is one of my biggest weaknesses. Nevertheless, this 263 ESL class has helped me to learn how I can organize my ideas in each paragraph and create good topic sentences. For instance, at the beginning of the course I did not know the correct order in which I had to write out my main ideas. I used to just write what I had in my mind, without taking into account that I was missing the organization of each paragraph, starting from the main idea, the controlling idea, paraphrase, and examples in the conclusion. As a result, my first writing assignment did not turn out that strong. But now, I know how to properly and correctly construct my paragraphs, and how to focus on each paragraphââ¬â¢s structure to make them look precise and clear. I took advantage of this class, learned as much as possible and I am completely prepared for the following levels.
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