The effects of mobile devices on cybersecurity Essay

The effects of mobile devices on cybersecurity - Essay Example The development of the mobile technology has significantly changed the way people live. It played a notable role in making modern life convenient and flexible. The mobile technology grew rapidly that it took hardly ten years to enter the mainstream use, and, when compared to the growth of telephones this growth was unusually fast. According to Cisco’s 2013 global mobile data forecast (2014), today the number of mobile devices equals the number of humans on the planet. The mobile technology fact sheet published by the Pew Research Center (2014) indicates that 90% of American adults own a cell phone, 58% of them own a smartphone, 32% own an e-reader, and 42% own a tablet computer. It is interesting to note that 67% of cell phone users check their phones frequently for calls, messages, or other alerts when while their phones do not ring or vibrate. There are another 44% of cell users sleeping with their phones next to the bed so as to make sure that they do not miss any call, mes sage, or update. The fact sheet also reflects that 29% of cell users consider their cell phone as â€Å"something they cannot imagine living without† (The mobile technology fact sheet, Pew Research Center, 2014). The term cybersecurity refers to the process of providing security to devices such as computers, cell phones, smartphones, and tablets, as well as the whole internet. In the current world, promoting cybersecurity is of great importance because modern people increasingly depend on computer networks to store and transfer their confidential data/information. Magid (2014) says that since such sensitive personal data is exposed to computer networks, hackers or other cyber criminals may intrude into the privacy of network users and empty their bank account if proper cybersecurity measures are not in place. Business enterprises are no exception to such cyber challenges. Hence,

Role Of Quantity Surveying Profession Construction Essay

Role Of Quantity Surveying Profession Construction Essay According to Williss Practice and Procedure for the Quantity Surveyor (Ashworth Hogg, 2007, p.1), the role of the quantity surveying has been defined by Royal Institution of Chartered Surveyors (RICS, 1971) as ensuring that the resources of the construction industry are utilised to the best advantage of society by providing, inter alia, the financial management for projects and a cost consultancy service to the client and designer during the whole construction process. However, the roles of the quantity surveying profession within the contemporary built environment will be discussed as follows: Preliminary cost advice One of the quantity surveyor roles is to ensure that the proposed project is carefully constructed, in terms of costs arising throughout entire design and construction process (Ashworth Hogg, 2007, p.121). Quantity surveyor also acts to suggest his professional and reliable advices to his client on matter of cost at various stages during the design and construction process. The advices given during inception stage are vital important as the decisions taken in this stage will seriously affect the quality of works to be carried out (Ashworth Hogg, 2007, p.122). Ashworth and Hogg (2007, p.121) stated that the quantity surveyor will offer cost advice for the comparative design solutions of the alternatives materials to be used or the form of construction to be adopted. Quantity surveyor is the recognized professional cost and value consultant, their measurement and valuation knowledge are without equal (Ashworth Hogg, 2007, p.123). Cost planning According to Williss Practice and Procedure for the Quantity Surveyor, Ashworth Hogg (2007, p.126) stated that the cost planning process commences with the preparation of an approximate estimate and then the setting of cost targets for each element. As the design evolves, these cost targets are checked against the developing design and details for any changes in their financial allocations. Quantity surveying profession under this aspect will require the quantity surveyor to allocate the approximate estimated costs into subdivisions, known as elements within a building. Ashworth and Hogg (2007, p.122) stated that These elements costs can be compared against the element costs of other similar projects from the quantity surveyors cost library records. The purpose is to provide a better value of money for client. It also keeps the designer fully informed of all the cost implications of the design. Quantity surveyor might also try to reduce the estimated costs by simplifying the details without modifying the design. Besides, contract document will also be prepared on this basic to make the preparation of cost analysis easier. Cost planning will be developed and while taking account of appearance, quality and utility, the cost is planned to be within the economic boundary (Willis, Ashworth Willis, 1994, p.95) Procurement and tendering procedures It is important that quantity surveying profession to be applied during this stage. As stated by Ashworth and Hogg (2007, pp.237-238), role of quantity surveying profession in this aspect will include as follows: Recommending an organizational structure for the proposed development of a project (Ashworth Hogg, 2007) Advising on the appointment of the various consultants and contractors in the knowledge of the information provided by the employer (Ashworth Hogg, 2007) Managing the information and coordinating the work of the different parties (Ashworth Hogg, 2007) Selecting the methods for the appointment of consultants and contractors (Ashworth Hogg, 2007) Determining the employers requirement in terms of time, cost and quality (Ashworth Hogg, 2007) Assessing the viability of the project and providing advice in respect of funding and taxation advantages (Ashworth Hogg, 2007) Quantity surveyor plays a crucial role to provide appropriate advices on the method of procurement to be used for clients who wish to undertake construction work (Ashworth Hogg, 2007, p.237). There are various procurement methods to deal with the different demand and various situation, client should not select an inappropriate form of procurement unwittingly (Ashworth Hogg, 2007). Ashworth and Hogg (2007, p.237) stated that Quantity surveyors are in an excellent position as procurement managers with their specialist knowledge of constructions and contractual procedures. They are able to appraise the characteristic of the competing methods that might be appropriate and to match these with the particular needs and aspirations of the employer. Hence, clients are advised to seek for quantity surveyor for relevant and reliable advices or recommendation before making their final decisions. Due to this, advices and recommendation provided by quantity surveyor must be independently without the intrusion of individual bias and self-interest (Ashworth Hogg, 2007, p.237). Contract documentation Ashworth and Hogg (2007, p.243) stated that When the choice of form of contract has been decided, the next step is the preparation of the documents that will accompany the signed form of contract. The contract documents for any construction will normally include the following information: Contract drawings It includes plans, elevations and cross section. Some other additional details will also be prepared based on the complexity of the project. This will provide information for the client to get the idea of architects or engineers design intentions. The contract drawings are normally provided by architect and engineer (Ashworth Hogg, 2007, pp.243-244). However, the role of quantity surveyor is to collect the drawings and any specifications from the architect and at the same time discuss the job. There is however some more detailed questions will arise, therefore a timetable for the completion of the contract bills will be agreed, along with dates when additional detailed information and drawings can be expected (Ashworth Hogg, 2007, p.259) Contract bills Quantity surveyor will involve in preparation of contract bills. Ashworth and Hogg (2007, p.258) stated that The appointment of the quantity surveyor is likely to have been made at early stage when early price estimates were under consideration. This may be before any drawings are available, in order to provide some cost advice to the client. Due to this, quantity surveyor will normally be needed except for on a very small project, the demand for the profession of quantity surveyor might only to be eliminated (Ashworth and Hogg, 2007, p.258). Besides, there is a condition for contractor who wishes to submit tenders in competition to provide approximate quantities required for particular works. Therefore, quantity surveying firms are then sometimes involved in preparing approximate quantities depending upon the completeness of the drawings and other information from which it was prepared contractors (Ashworth Hogg, 2007, p.258). Articles of agreement Ashworth and Hogg (2007, p.246) stated that This is the part of the contract which the parties sign. The contract is between the employer (building owner) and the contractor (building contractor). The blank spaces in the articles are filled in with the (i) names of employer, contractor, architect and quantity surveyor; (ii) date of the signing of the contract; (iii) location and nature of the work; (iv) list of the contract drawings; (v) amount of the contract sum. Condition of contract The condition of contract includes the contractors obligation to carry out the work shown on the drawings and described in the bills to the satisfaction of the architect. They cover the matter of quality of work, cost time, nominated supplies and subcontractors insurances, fluctuation and VAT. (Ashworth Hogg, 2007, p.246) Appendix Ashworth and Hogg (2007, p.246) stated that The Contract Particulars for the Conditions of Contract include that part of the contract which is peculiar to the particular project in question. It includes key information, for example, on the start and completion dates, the periods of interim payment and the length of the rectification period for which the contractor is responsible. Evaluation of tenders Ashworth and Hogg (2007, p.274) stated that In public authorities, tenders will probably be addressed to the secretary or principal chief officer. With private clients they are usually forwarded to the architect or the quantity surveyor. On the due date for receipt of tenders, the envelopes received will be counted to check that they have all been received, prior to being openend. Quantity surveyor will then prepare a list of the tendered amounts after the envelopes are opened. Preliminary examination will be made after that to ascertain which tenders will be taken into consideration for acceptance. A fuller report will be made later by the quantity surveyor (Ashworth Hogg, 2007, p.274). Besides, according to Ashworth and Hogg (2007, p.274), the architect will rely extensively on quantity surveyor for advice on these matters. A report will be made for the client, setting out clearly the arguments in favour of acceptance of one tender or another. Quantity surveyor will have to check and examine for the copy of the priced bills submitted by those tenderer who is under consideration (Ashworth Hogg, 2007, p.275). Financial reporting and interim payments, cash-flow forecasting According to Ashworth and Hogg (2007, p.286) JCT 2005 makes clear duty of the clients quantity surveyor in this respect (clause 4.11): Interim valuations shall be made by the quantity surveyor whenever the architect or contract administrator considers them necessary for the purpose of ascertaining the amount to be started as due in Interim Certificate. Ashworth and Hogg (2007) stated that Most construction projects encountered by the surveyor will have contractual provision for the payment of the contractor for work done, at regular intervals during the contract period. Between the date of the first interim certificate and the practical completion certificate, interim certificates have to be issued by quantity surveyor at a certain intervals stated in the contract particulars. It is the responsibility of quantity surveyor to calculate the amount for the interim payments during each interval (Ashworth Hogg, 2007, pp.286-287). A professional quantity surveyor should always aware that there are conditions for employer to prevent the employer getting penalties and punishments and quantity surveyor should always provide his or her appropriate advices where necessary (Ashworth Hogg, 2007, p.288). Besides, clients generally desire the final cost of a project to be no more than contract sum. Due to this, it is the role of clients quantity surveyor to try to manage the costs by monitoring the design and site development and provide his professional advices of the likely impacts and remedies (Ashworth Hogg, 2007, p.302). It is also necessary for quantity surveyor to review all the correspondence and meeting issued on the project in order to identify the potential cost implications. Monthly financial reports will normally be required to advise the client of the anticipated outturn costs (Ashworth Hogg, 2007). Cash-flow forecasts report will be prepared in association with the contractor since it will be greatly influenced by the intended programme of works. Cash-flow forecasts are used as a basis upon which to arrange project finance and monitoring the progress of works (Ashworth Hogg, 2007, p.305). Final accounting Ashworth and Hogg (2007, p.310) stated that The majority of construction projects result in a final cost that is different to that agreed by the client and contractor at commencement of the construction works. The calculation and agreement of this final construction cost, the final account, is usually of the utmost important to both the employer and contractor. Therefore, parties to the contract need to ensure that the final account incorporates a fair valuation of the works carried out. In this aspect, the quantity surveyor will decide on the suitable subdivisions into terms that will be adopted into the account prior to any abstracting or bill remeasurements. As the list of variations develops, quantity surveyor will be able to decide on how to group them. For example, there may be one instruction from the architect for increasing the size of storage tanks, another for the omission of a drinking water point and a third for the addition of three lavatory basins. Each of these will b e measured as a separate item, but the quantity surveyor might decide to group these together as variations on plumbing. It is preferably to highlight the reason for variation in cost report to acknowledge the client on reasons of the costs changed. (Ashworth Hogg, 2007, pp.315-316) Settlement of contractual disputes Quantity surveyors involved themselves in contractual disputes either in litigation in the courts, in arbitration or in alternative dispute resolution cases (ADR) cases. They sometimes involve themselves as witness of fact or expert witness, adjudicators, arbitrators or mediators in ADR cases (Ashworth Hogg, 2007, p.353) Project management Financial expertise of quantity surveyors make them ideally suited to project management services. According to Ashworth and Hogg (2007, p.376), project management provides the important management function of bringing the project team together and may be defined as The overall planning, coordination and control of a project from inception to completion, aimed at meeting a clients requirements in order to produce a functionally viable project that will be completed on time within authorized cost and to the required quality standards. (CIOB 2002) Quantity surveyor sometimes take overall control and responsibility of for coordinating the activities of the various contractors, subcontractors, processes and procedures for the full duration of the project (Ashworth Hogg, 2007) Ashworth and Hogg (2007) stated that The skills of the quantity surveyor traditionally included measurement and valuation and to these were later added accounting and negotiation. As the profession evolved, quantity surveying profession were extended to forecasting, analyzing, planning, controlling, evaluating, budgeting, problem solving and modeling. The quantity surveyor knowledge has also been developed by a better understanding of the design and construction process (Ashworth Hogg, 2007).

racism Essay -- essays research papers

Racism An underlying problem is promoting racism. It is the fact that a lot of people believe, and try to make they believe, that racism no longer exists. Many people today live their lives oblivious to what is happening in the world around them, often trying to convince themselves that racism is not a problem in their world. Others know all about the problem, but don’t really realize that they themselves could possibly be adding to the problem by discriminating against someone else’s human rights, and at the same time going around saying how open-minded they are. One of the main problems of racism is that many people live in racist conditions, without even seeing it. Often times it’s in their school, workplace, community, or even in their own homes. People often tell jokes with racist slurs, and while we know not to laugh at ones about blacks, it seems that ones about other races like Chinese and Hispanic are okay. We tell ourselves that they are just jokes, but not to those who they are ridiculing. We are all perpetrators of this and we usually feel that these types of jokes are harmless. They can be harmless and maybe at times we even think they are funny, but they are also hurtful and degrading. Some of the biggest racists are those who don’t even know that they are, and even say that they aren’t. These people are racist because they cannot comprehend what is happening and do not realize what they are saying is racist. Until they come to grips with this problem, in th...

Applications of Total Quality Management Essay

Total Quality Management (TQM) is a philosophy of management that strives to make the best use of all available resources and opportunities through continuous improvement. TQM means achieving quality in terms of all functions of the enterprise. Many researchers attempted to analyze how IT and TQM can jointly add value to organizations and the purpose of this first post on TQM is to evaluate the practicality of TQM in an IT service. In this evaluation, a balance of the service management needs with the reality of bottom-line effectiveness is provided. The post also provides a list of critical success factors to consider in a change management initiative engaged by an IT service. TQM in Practice : The essence of quality is to do it right the first time, and to satisfy customer requirements every time by involving everyone in the organization. The works of Crosby and his colleagues on the evolution of TQM cut across all pervasive philosophies of management. TQM has been a key business improvement strategy since the 1970s, as it has been deemed essential for improving efficiency and competitiveness. TQM aims to achieve an overall effectiveness which is higher than the individual outputs from the sub-systems such as design, planning, production, distribution, customer focus strategy, quality tools and employee involvement. This philosophy of management strives to make the best use of all available resources and opportunities through continuous improvement. As a management philosophy, TQM makes use of particular set of principles, practices, and techniques to expand business and profits and provides a bypass to enhanced productivity by avoiding rework, rejects, waste, customer complaints, and high cost. This can be achieved by emphasizing the organization’s commitment from data-driven, problem-solving approaches to quality accruing. The five basic pillars of TQM are : a) top management commitment for quality enhancement, b) customer centric advancements of processes and building a long-lasting trustworthy relationship between the organization and the customer, c) relentless development by setting goals and deadlines, d) benchmarking with several specific tools and quality-adding techniques, and e) strengthening the employee base by concentrating at any stage of a process on quality, where customer satisfaction is stationed. Table 1 provides a summary of the key dimensions that constitute TQM. TQM key dimensions : 1. Top management leadership : Top management commitment is one of the major determinants of successful TQM implementation. Top management has to be the first in applying and stimulating the TQM approach, and they have to accept the maximum responsibility for the product and service offering. Top management also has to provide the necessary leadership to motivate all employees. 2. Customer relationships : The needs of customers and consumers and their satisfaction should always be in the mind of all employees. It is necessary to identify these needs and their level of satisfaction. 3. Supplier relationships : Quality is a more important factor than price in selecting suppliers. Long-term relationship with suppliers has to be established and the company has to collaborate with suppliers to help improve the quality of products/services. 4. Workforce management : Workforce management has to be guided by the principles of: training, empowerment of workers and teamwork. Adequate plans of personnel recruitment and training have to be implemented and workers need the necessary skills to participate in the improvement process. 5. Product design process : All departments have to participate in the design process and work together to achieve a design that satisfies the requirements of the customer, which should be according to the technical, technological and cost constraints of the company. 6. Process flow management : Housekeeping along the lines of the 5S concept. Statistical and non-statistical improvement instruments should be applied as appropriate. Processes need to be mistake proof. Self-inspection undertaken using clear work instructions. The process has to be maintained under statistical control. 7. Quality data and reporting : Quality information has to be readily available and the information should be part of the visible management system. Records about quality indicators have to be kept, including scrap, rework, and cost of quality. TQM and Change Management Initiative for IT Performance : A business firm achieves world-class status when it has successfully developed operational capabilities through TQM to support the entire company in gaining a sustained overall performance over its competitors. Although there is insufficient statistical evidence to conclude significant simple relationships between TQM and IT services quality performance, many studies investigated the notion that TQM practices provide approaches to improve the economic position in the service sectors in general. Both IT and TQM had, and will continue to have a significant impact on most organizations. I only regret the lack of empirical research on the relationship between the two and how they both relate to business performance.

Lincoln’s Presidency and Its Hallmarks on Future Presidents

â€Å"What are the most important hallmarks of Lincoln's leadership that influenced later presidents such as Teddy Roosevelt as they considered the role of the US presidency in American political life? † As the only President to preside over an American Civil War, Abraham Lincoln entered the office of the presidency with mounting challenges ahead of him. The country’s overwhelming divide regarding the issue of slavery proved to be the central issue in the 1861 elections. President Lincoln’s strong resolve to reunite the union catalyzed a sharp shift in his beliefs regarding the weight of power in the executive branch, helping Lincoln strengthen the office of the Presidency like never before. This set a precedent for future Presidents, notably Theodore Roosevelt, whose legislation on big business and â€Å"speak softly and carry a big stick† methodology to foreign relations, while thoroughly of his own design, most certainly finds its roots in the empowered President Lincoln. Lincoln entered the Presidency rooted in the beliefs that the executive branch’s power came second to the legislative, as stated in the Constitution. His â€Å"immediate predecessors—Democrats Franklin Pierce and James Buchanan—had set the pattern for a weak executive, conceiving their roles as little more than clerks†¦ who either approved or disapproved legislation developed from Congress’s agenda,† (Brinkley and Dyer, 2004, 175). However, following the secession of seven southern states immediately after Lincoln’s election, his focus became reuniting the union: â€Å"he sought to reassure his fellow countrymen and to prevent more states from seceding,† (Brinkley and Dyer, 2004, 175). To accomplish this, Lincoln was headfast in his decisions, often reaching beyond traditional executive power and, in effect, overriding the other branches of government. These decisions were extremely controversial: Groiler Encyclopedia says, â€Å"As a commander in chief Lincoln was soon noted for vigorous measures, sometimes at odds with the Constitution. Three controversial decisions Lincoln made include the implementation of a military draft, suspension of habeas corpus in many regions, and finally, a plan to end slavery in his 1862 annual message to Congress. All of these events were controversial and Lincoln was accused of ignoring the Constitution in many instances, yet he justified it to many by claiming that it was necessary â€Å"in the name of ‘popular demand and public necessity,† (Brinkley and Dyer, 2004, 177). In essence, Lincoln’s power was â€Å"a funneling of powers, delivered to other branches of government in peacetime, into the presidential office in wartime. He was centralizing authority,† (Brinkley and Dyer, 2004, 178). In text titled â€Å"A Constitutional History of the United States,† author Andrew McLaughlin analyzes constitutional problems of the civil war, saying that â€Å"The justification for such a step must be the existence of actual disorder or a condition which seriously threatens civil authority. Herein lies the debate, should a President have the moral right to break the Constitution in order to save it? One of the first policies to centralize the Executive Branch’s power was the implementation of a military draft in the beginning of Lincoln’s presidency: â€Å"On May 3 Lincoln issued a proclamation summoning 42,034 volunteers to serve for three years; he also called for an increase of the regular army by the addition of 22,714 of ficers and men, and for the enlistment of 18,000 seamen,† (McLaughlin, 1935, 615). This proves to be controversial because it was â€Å"employing a war power without a declaration of war,† (Brinkley and Dyer, 2004, 177). Lincoln’s claim was that â€Å"he was constitutionally designated as commander-in-chief and that the military peril to the Union made such actions necessary,† (Brinkley and Dyer, 2004, 177). The draft caused riots in New York, as people vehemently opposed its institution. Another instance of policy that was implemented with this newfound executive power was that he suspended the right of habeas corpus in many regions. According to text published in the journal titled â€Å"History Today,† habeas corpus â€Å"makes the force at the disposal of the chief executive subject to regulation by the courts. With it, a judge can demand that a prisoner be brought before him to evaluate whether the prisoner's detention is legal. Without it, an unlawfully incarcerated individual has no legal remedy. † The suspension of this right is one of the most controversial aspects of the Lincoln Presidency: â€Å"If Lincoln did not constitutionally have the power to uspend habeas corpus, then by doing so he fundamentally altered the freedom of American citizens,† (Kleinfeld, 1997, 24). In defending accusations mostly made by Democrats that he was stripping Americans of their civil rights and liberties, Lincoln claimed that he didn’t even believe a law was violated: â€Å"The Constitution, he argued, does not expressly prohibit the president from suspending the writ, and it is unreasonable that a danger should run its course until Congress can be assembled,† (Kleinfeld, 1997, 24). This defense was often used in Lincoln’s behalf. According to Brinkley and Dyer, the issue was â€Å"time and the necessity of acting quickly†¦ † They also explain how it was often claimed to simply be efficient for the centralized power in the executive branch: â€Å"The presidency carried with it a unity of office which allowed for swift action impossible for the legislature,† (Brinkley and Dyer, 2004, 178). Congress agreed to this justification for Lincoln’s centralized power; they â€Å"retroactively endorsed his actions, declaring them ‘legalized and made valid,’ as if Congress itself had enacted them. † (Brinkley and Dyer, 2004, 178). The final instance of a decision made using Lincoln’s strengthened Presidential powers was a plan delivered to Congress in his 1862 address to its members. In this annual address, Lincoln proposed that Congress provide bonds to pay slave states that abolished slavery before 1900. He also, in the same address, proposed that Congress give money to help the colonization of those former slaves who chose to move. This incentive to hasten the end of slavery was thoroughly Lincoln’s design, and â€Å"was an unusual display of executive decision to Congress,† (Brinkley and Dyer, 2004, 181). These are just a few of the examples detailing the centralization of power to the executive branch that occurred during Lincoln’s administration. He effectively transformed the institution of the Presidency, as many presidents after him have kept up the centralization of power as tradition. An example of a later president who also ran his administration in this fashion is Theodore Roosevelt. Like Lincoln, Roosevelt presided over the nation at a crossroads: the â€Å"divide between the nineteenth century and the wentieth, between the old presidency and the modern chief executive, between the old state and the new,† (Brinkley and Dyer, 2004, 268). Following in Lincoln’s precedent, Roosevelt’s decisions over the regulation of big business in this fledging industrial nation, as well as his ‘speak softly and carry a big stick’ methodology to foreign policy, thoroughly illustrate this strong funneling of power into the office of the Presidency. At the beginning of Roosevelt’s administration, the big business era was just beginning. The United States had turned away from the isolationism which preceded the Spanish-American War. Now a world power with quickly expanding foreign markets, the United States was considered a major industrial nation,† (Business and Economy in the 1900s, 1997). With this industrialization came consequences and fears regarding the growth of big business and power of large corporations. The growth of big business and its corresponding fears became the central issue to Roosevelt’s domestic policy. Roosevelt implemented multiple laws in hopes of regulating large corporations, most notably his antitrust measures. According to a text titled Business and Economy in the 1900s, â€Å"†¦ it was not until the Roosevelt administration that cases were pursued against business owners and labor unions. † Most notably was the Northern Securities case, in which the Supreme Court ruled in a 5-4 decision that the company had violated the Sherman Antitrust Act, which had been on the books for decades. Brinkley and Dyer explain that, â€Å"Although Roosevelt did not want to eliminate large corporations, he used antitrust prosecutions to enhance the authority of the executive branch,† (274). Just as Lincoln used policy to enhance his powers as president, so did Roosevelt: over 40 antitrust legislations were filed under Roosevelt’s presidency. Still focusing on the domestic issue of big business regulation, Roosevelt’s creation of The Bureau of Corporations was another notable event. After Roosevelt’s introduction of the Bureau in 1903, it was created by Congress to â€Å"investigate and publicize the behavior of giant corporations,† (Brinkley and Dyer, 2004, 275). This Bureau is what helped investigate the companies and then catalyzed legislation, furthering antitrust laws made under Roosevelt’s administration. Also parallel to the central power during Lincoln’s presidency, the president helped validate and get more power to the Executive Branch when he positioned himself to look like â€Å"the representative of a public frightened and angry over a new threat from business,† (Brinkley and Dyer, 2004, 275). This is parallel to the power Lincoln managed to obtain when positioning himself to look like a representative of a frightened public during the beginnings of the Civil War, angry over slavery issues. Both men used their positions and the time in history to be seen in the same light. In terms of foreign policy, Roosevelt strived to make the United States’ power reach global heights. His â€Å"speak softly and carry a big stick† approach to foreign relations reflected that the way the country handled its foreign relations depended entirely on the President, not Congressional legislation. An example of this includes events that occurred following his December 1904 State of the Union address, in which Roosevelt reinforced his ‘Big Stick Policy† by saying that â€Å"chronic wrongdoing by Latin American states would compel the United States ‘to an exercise of an international police power,’† (Big Stick and Dollar Diplomacy, 1998). This policy, reminiscent of the Monroe Doctrine, is known as the Roosevelt Corollary. It was first put into effect just weeks later, when Roosevelt negotiated a treaty with the Dominican Republic saying that the US would manage the Dominican Republic’s foreign debts. Mirroring events of the Lincoln administration, â€Å"when the Senate refused to ratify the treaty, the president carried it out by executive order, a move that touched off much criticism at home,† (Big Stick and Dollar Diplomacy, 1998). In this case, Roosevelt used his Big Stick policy to pass legislation rejected by the Congress, just because he was President and his office had the power to do so. It is much like Lincoln’s implementation of policy without Congressional approval during the Civil War. To conclude, President Lincoln helped to strength the power of the Executive Branch like never before, helping give the Presidency more control of both domestic and foreign relations. At a delicate crossroads in American history—the Civil War—Lincoln used the unique time to gain power through instatement of the draft, suspension of habeas corpus, and his proposals of bills to Congress. Following this precedent, President Theodore Roosevelt, also at a crossroads in United States history at the beginning of industrialization and big business, used similar tactics to gain and retain centralized control in the Executive branch through his trust-busting efforts and legislation on big business at home, as well as his â€Å"Big Stick† policies abroad.

Culture identity essays

Culture identity essays Many people go to different countries. Some of them go for school, some others go for business and some others go for living. However, some people adapt well to a new environment and others retain their original culture identity. I think adapting to a new culture or environment depends on three main reasons: background culture, where they stay, and their personality. The first reason is the background culture of people. There are many people who don't like their own culture or environment. They try to run away or change their culture. Therefore, it would be easier for those people to adapt to a new culture or environment. For example, many Russian people especially businessmen don't like the business system in their country. Their system is Communism, which means that the government controls all the production and distribution of goods. Therefore, when many Russian people go to a new environment or new culture, the United States for instance, they find it better than their country because it has a different system. The United States' system is Capitalism, which means that any person can be a private ownership. Therefore, it may be easier for those people to adapt a new culture or a new environment. For example, in "The Plane Reservation," Massud Farzan states that he has stayed in the United States for a long time before he visited his family in Iran. When he arrived in Iran, he found a lot of changes. It can be understood that the writer didn't like his country and his culture before he left to the United States. When he lived in the United States, he found the right place for him that made it very easy for him to adapt to the American culture. Therefore, the background culture of people has a lot of effects on adapting to a new culture. The second reason might be where people stay the most. Some people think that when a person lives in a new culture, he or she can easily adapt to the new culture. Howe ...

Free Essays on AIR-21

The Aviation Investment and Reform Act for the 21st Century (AIR 21) Signed: April 5th, 2000 by Pres. George Clinton Preface "Without prompt action, the United States’ aviation system is headed toward gridlock shortly after the turn of the century. If this gridlock is allowed to happen, it will result in a deterioration of aviation safety, harm the efficiency and growth of our domestic economy, and hurt our position in the global marketplace. Lives may be endangered; the profitability and strength of the aviation sector could disappear; and jobs and business opportunities far beyond aviation could be foregone." - The National Civil Aviation Review Commission, Report to Congress, December 1997 Introduction The United States of America was facing the daunting task on how to address the issues facing our National Aviation System. The US Government passed The Aviation Investment and Reform Act for the 21st Century (AIR 21) on April 5th, 2000. AIR 21 was intended to help address a lot of the issues facing out national aviation system by having measures to insure Safety in both our airports and skies, measures to help increase competition into the airline industry, and by having measure that ensure that money spent by our taxpayers toward the Aviation Trust Fund is spent towards the development off affordable and safe air travel. What is AIR 21? Entitled the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century or AIR 21, was intended to significantly increase funding to the nation's aviation over the next three years. Funding would be going to radar modernization and much-needed airport construction projects. AIR 21: QA comprehensive five-year reauthorization of the Federal Aviation Administration and the Airport Improvement Program (AIP). QAuthorizes over $59.3 billion, an increase of $14.3 billion. QIncrementally boosted the Airport Improvement Program from $1.95 billion to $4.3 billio... Free Essays on AIR-21 Free Essays on AIR-21 The Aviation Investment and Reform Act for the 21st Century (AIR 21) Signed: April 5th, 2000 by Pres. George Clinton Preface "Without prompt action, the United States’ aviation system is headed toward gridlock shortly after the turn of the century. If this gridlock is allowed to happen, it will result in a deterioration of aviation safety, harm the efficiency and growth of our domestic economy, and hurt our position in the global marketplace. Lives may be endangered; the profitability and strength of the aviation sector could disappear; and jobs and business opportunities far beyond aviation could be foregone." - The National Civil Aviation Review Commission, Report to Congress, December 1997 Introduction The United States of America was facing the daunting task on how to address the issues facing our National Aviation System. The US Government passed The Aviation Investment and Reform Act for the 21st Century (AIR 21) on April 5th, 2000. AIR 21 was intended to help address a lot of the issues facing out national aviation system by having measures to insure Safety in both our airports and skies, measures to help increase competition into the airline industry, and by having measure that ensure that money spent by our taxpayers toward the Aviation Trust Fund is spent towards the development off affordable and safe air travel. What is AIR 21? Entitled the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century or AIR 21, was intended to significantly increase funding to the nation's aviation over the next three years. Funding would be going to radar modernization and much-needed airport construction projects. AIR 21: Q A comprehensive five-year reauthorization of the Federal Aviation Administration and the Airport Improvement Program (AIP). Q Authorizes over $59.3 billion, an increase of $14.3 billion. Q Incrementally boosted the Airport Improvement Program from $1.95 billion to $4.3 billio...

Research Paper Writing Checklist

Research Paper Writing Checklist A research paper checklist is an essential tool because the task of putting together a quality paper involves many steps. Nobody writes a perfect report in one sitting! Before you get started on your project, you should review the checklist on ​research ethics. Later, once you have finished the final draft of your research paper, you can use this checklist to make sure that you have remembered all the details. Research Paper Checklist First Paragraph and Introduction Yes Needs Work Introductory sentence is interesting The thesis sentence is specific The thesis statement makes a clear declaration that I back up with examples Body Paragraphs Yes Needs Work Does each paragraph begin with a good topic sentence? Do I provide clear evidence to support my thesis? Have I used examples with citations evenly throughout the work? Do my paragraphs flow in a logical manner? Have I used clear transition sentences? Paper Format Yes Needs Work Title page meets assignment requirements Page numbers are in the right location on the page Page numbers start and stop on the right pages Each citation has a bibliography entry In-text citations checked for proper formatting Proofreading Yes Needs Work Ive checked for confusing word errors Ive checked for logical flow My summary restates my thesis in different words Meeting the Assignment Yes Needs Work I mention previous research or positions on this topic My paper is the right length Ive used enough sources Ive included the required variety of source types

Core Essay Example | Topics and Well Written Essays - 500 words

Core - Essay Example Hence the sincere political beliefs of the Americans in neutrality were overridden by the compulsions of the economy. It was a time when the politicians spoke of democracy and prosperity. This prosperity was visible in the growing incomes and higher living standards of people in Europe and England as well as the US. The phenomenon arose from the wealth generated mainly from the nations of Asia and Africa and at their cost. Hence there was also a conflict brewing between the haves and the have nots. The notion of uniting the exploiter and the exploited under the guise of a united democratic nation provided a safety valve to douse the fires of class conflict. Capitalism needed to create an artificial unity between the rich and poor in order to put an end to class conflict and war and the unity necessary to fight off the aggressor provided this. The American Dream refers to the ideals of freedom, equality and opportunity available to every American. It also refers to the personal happiness and material comfort sought by individuals in the US. This dream seems to have been seriously impacted by the laws passed during WWI. The espionage act seriously restricted freedom of speech and the draft law is against personal freedom of choice. During and after the war there was a conscious effort to repress socialism that had begun to take root. Although the espionage act was meant to apply only during war, it has been in force for a long time as America has consistently been at war since the Korean war of 1950. The American dream refers to the opportunity the American people had to live their lives in happiness through the route of hard work, and the opportunities to discover their strengths and find success as a result of the choices they made in life. Laws like the draft law that impacted the right to freedom of choice and the espionage act that clamped down on freedom of speech that was part of the American Dream was

Leadership Essay Example | Topics and Well Written Essays - 250 words - 70

Leadership - Essay Example I have also observed that good leaders are role models who are willing to create more leaders (Chand, 2008). They pass their leadership skills and experience to specific individuals. Leaders must accommodate innovation and be flexible to diverse opinions from other leaders and their followers. They manifest relevance by being flexible and accommodative. Indeed, good leaders seek to make a difference and engage in consultations aimed at making the best decisions. As such, leaders must be followers of experienced leaders. I observed that leaders establish strong associations and collaborations with others to enhance their skills and competence. This enables them to derive authority and respect from their followers. Most importantly, I observed that good leaders are objective and focus on growth in their organization (Chand, 2008). As such, they engage in activities like seminars and conferences that foster personal and leadership development. Nevertheless, it is evident that certain traits like corruption and misuse of power hinder good leadership. As such, it is challenging to find a good leader.Bottom of

Marketing Communication and Branding Assignment Example | Topics and Well Written Essays - 750 words

Marketing Communication and Branding - Assignment Example This essay demonstrates that advertisement poster is one of the most effective elements of integrated marketing communication. Keeping the objectives of the marketing communication for Travel worth in mind, certain posters can be prepared to use in the campaign planned by the company. The posters for the company would include an attractive message to catch the eyes of the viewer, which would help the company to get customers. The main objective of Travel worth is to obtain travelers for their adventure tours and in order to achieve it; the posters should contain certain facts about the adventure world and certain images related to fun in the tours. The tagline for the posters can be ‘Payless, Have more, Do more’, which would represent that the cost of the tour would be less, fun and adventure would be more. There should be certain schemes on the poster to attract the customers such as, ‘Be the first one to avail the discounts on the Tour, and be the last one to ava il the discounts on the Fun’. These lines would also attract the adventure lovers to avail the schemes offered by Travel worth. The poster should preferably be bright in colors such as yellow or red, which would easily catch the eyes of the customers. The poster should contain certain images of the previous tours arranged by the company and the experiences that the travelers had. All these factors would make the poster meaningful as well as effective for the company to attract the customers and grab their interests for the products offered by the particular company.... In relation to the mentioned objectives in question number one, it can be stated that the model would help to identify the situation, the crisis in the market, and it would also help to plan a campaign to attract new or existing customers. The model would help to take different strategies. To spread awareness about company and its existing Tour programs, the campaign will be effectively used as a strategic objective. In order to create a different image of the organization and to attract the consumers, a tactical approach will be taken by providing various schemes and discounts. In relation to existing situation of economic downturn the company can take a decision to propose certain discounts or sale to their customer, which would help them to acquire new travel lovers. In keeping with the strategic viewpoint, up gradation in the better news paper or in other media for advertisement of the company would be made and which would be implemented through the actions. Travelworth would get ample scope to maintain the sustainability with the help of IMC and SOSTAC model. In the period of downturn in the European economy the companies are basically fighting for the sustainability in the market, and to save the existing customers and the brand name. SOSTAC model would help Travelworth to be stable in the market and to gain new customers and revenue2. Question 3 Q.3. Advertisement poster is one of the most effective elements of integrated marketing communication. Keeping the objectives of the marketing communication for Travelworth in mind, certain posters can be prepared to use in the campaign planned by the company. The posters for the company would include an attractive message to catch the eyes of the viewer, which would help the company to get

Why don't we prove results in social research Essay

Why don't we prove results in social research - Essay Example However, it is different from scientific research. In order to prove the results of research there are certain elements that must exist. In science, the basic research elements are observation, description, prediction, control, falsification, and causal explanation. Descriptions should be reliable and repeatable. In social research, however, if the same study were conducted by another researcher in another place, the descriptions would not be the same. This is also true of falsification. Falsification is the ability to rule out all other possibilities, rather than merely accepting the results. Since humans are unique in nature, the chances of disproving the results of many social research cases by conducting another study using different subjects would be strong. Instead of looking to rule out possibilities, a social researcher looks to find all the possibilities that explain a certain behavior. In addition, as societies grow and change, the results of social research will also continue to change. The social sciences are not concrete like the natural sciences. They are evolving. They rely on interpretations and ideas, rather than hard facts. For these reasons, social research is not something that can be proved. It is very important that social research methods take measures to maintain a level of trust between the research

Discussion questions Essay Example | Topics and Well Written Essays - 250 words - 4

Discussion questions - Essay Example Merchandise inventory is the asset of the business and records movement in the cost of inventory and reports opening and ending inventory value held by the business. Entry into this journal is a debit entry whereas exist from this is a credit entry. This records the cost of purchase include suppliers price plus freight costs and insurance. Whereas, cost of merchandise sold is the cost of the business charged against revenues. Cost of merchandise is calculated as beginning inventory plus purchases less closing inventory. Journal entries to record the transaction would be as follows: a. Gross profit is calculated by deducting the cost of sales (merchandise) from the revenues generated by the business. Revenues are typically cost of sales plus the profit margin decided by the business. a. The role of accounting is not limited to recording of transactions but it is an integral part of planning and strategy development carried out by businesses. Assembling data generated by different business functions in order to summarize and report information pertaining to the business condition is primary task of the accounting function. Accounting is therefore considered as a series of processes which generate different information for various use including financial information, managerial information, cost information, and information for tax purposes (Warren, Reeve, & Duchac, 2012). Weygandt, J. J., Kimmel, P. D., & Kieso, D. E. (2010). Financial Accounting, Study Guide. Hoboken, NJ: John Wiley & Sons. Retrieved from McGraw Hill:

A Personal Definition of Innovation, creativity and Invention Essay

A Personal Definition of Innovation, creativity and Invention - Essay Example Innovation Innovation is creating something new or generating an idea into reality and use. Ideas are turned into facts which can be incorporated in activities to better their efficiency. Information and knowledge available and which is relevant is synthesized and produced in a new way that it has value in new processes, strategies, products and services (Rigby, 2009). It involves a creative process in assessing available body of knowledge. Ideas developed and expressed without use in current circumstance are useless. Innovation considers that provided information and expressed ideas should be continually analyzed and productive ideas generated to help correct, advance or improve existing activities. An invention is a discovery that has a unique function. Formulation of an invention could be from an existing idea or innovation. They are in most circumstances recognized and protected as patent. It incorporates creativity where certain ideas or possibilities are combined together to id entify an existing relationship and hence creates a lasting solution to a given problem. Creativity therefore encompasses all processes of recognizing ideas that can be of use. It can simply be for purpose of amusing ourselves or communicating information to others. Ideas in this perspective are required to be unique (Pisano, 2009). Creativity is fundamental to all processes involved in innovation and invention. Creativity is designed to generate ideas and present alternatives while invention requires that provided ideas can be used to create a change and add value. Businesses ensure that they sustain innovation culture in their activities so as to have a competitive advantage in the market. In the case of invention there exists the concept of introducing something new that has never existed. Invention is created through making improvement of existing things (Pisano, 2009). People within the field where invention is taking place might be aware of it but importance lies on how it is represented to be unique from what others see and know. As creativity is thinking of new things, innovation is doing new things and invention is doing unique things. Innovation therefore will tend to help create improvements and cause changes so that there will be efficiency and effectiveness in doing things. New ways are researched to produce and improve creativity and help in producing something in newer and improved form. Technical/Traditional Problem Solving Finding of a solution for every problem is essential in any setup. Traditional problem solving process required that a problem to be identified, defined and analyzed and several solutions which can solve problem be chosen. A chosen solution is implemented and if it does not solve the problem another solution is selected. It involved trial and error methods (Pisano, 2009). Creative/Intuitive Problem Solving Creative problem solving involves coming up with solutions to fix problems by thinking critically. This could be induced by situations, opportunities or challenges while undertaking certain activities. Creative problem solving requires assimilation of innovative approaches to solve the problem. It involves careful selection of options of which are guaranteed to some extent that they will solve the problem. Many varied and unusual options are generated and well analyzed considering perceived extend of their solving problem (Rigby, 2009). Thinking is then focused

Discussion questions Essay Example | Topics and Well Written Essays - 250 words - 4

Discussion questions - Essay Example Merchandise inventory is the asset of the business and records movement in the cost of inventory and reports opening and ending inventory value held by the business. Entry into this journal is a debit entry whereas exist from this is a credit entry. This records the cost of purchase include suppliers price plus freight costs and insurance. Whereas, cost of merchandise sold is the cost of the business charged against revenues. Cost of merchandise is calculated as beginning inventory plus purchases less closing inventory. Journal entries to record the transaction would be as follows: a. Gross profit is calculated by deducting the cost of sales (merchandise) from the revenues generated by the business. Revenues are typically cost of sales plus the profit margin decided by the business. a. The role of accounting is not limited to recording of transactions but it is an integral part of planning and strategy development carried out by businesses. Assembling data generated by different business functions in order to summarize and report information pertaining to the business condition is primary task of the accounting function. Accounting is therefore considered as a series of processes which generate different information for various use including financial information, managerial information, cost information, and information for tax purposes (Warren, Reeve, & Duchac, 2012). Weygandt, J. J., Kimmel, P. D., & Kieso, D. E. (2010). Financial Accounting, Study Guide. Hoboken, NJ: John Wiley & Sons. Retrieved from McGraw Hill:

Critically evaluate the role counseling and psychotherapy theory and Essay

Critically evaluate the role counseling and psychotherapy theory and practice in the application of adventure therapy - Essay Example It is important to note the appropriate role and use of counseling in the context of society and in relation to abnormal psychology. For example, the counselor is primarily dealing with normal, functioning children and adults that may at some point during their life develop psychological or emotional problems with which they benefit from personal and professional assistance. Generally, between 5% to 10% of the population at any time can be expected to display the signs and symptoms of major mental illness as defined in abnormal psychology, such as schizophrenia, bipolar disorders, manias, psychosis, etc., though less than 1% will require clinical hospitalization. (NIMH, 2008, See: Appendix) This leaves counseling as a profession tasked with first separating cases of abnormal psychology from problems of normal development of individuals, and secondly, assisting in the provision of effective treatment to the individuals who are seeking counseling. It is in this context that Adventure T herapy should be understood, as well as its application, for there may be human development problems that are caused by the individual’s relation to modern society that can better be solved by treatments fostering social relationships and exercise activities as opposed to pharmaceuticals or institutionalization. Nevertheless, there may also be instances where a combination of medication and Adventure Therapy can also assist in the treatment of those afflicted with psychological problems and mental illness. Creating the ability to distinguish the causes and treatments for patients is an important aspect of training that the counselor must undertake, including research in a multiplicity of methods and a willingness to experiment in finding the treatment that best suits the unique nature of every individual and effectively promotes positive mental health recoveries. The life of an individual can be viewed on a continuum of functionality related to self-realization with normality at the center, functioning at the highest levels of individual mental and physical operations at one extreme, and the psychoses and neuroses of severe mental illness or insanity at the other extreme. The counselor can expect the range of behavior for most people to stay within the realm of normal operations on usual occasions, straying into psychological crisis through challenges, problems, and obstacles in life or relationship issues that occasionally need to be addressed by the individual. Viewing the counselor’s office as a mixture between a general practitioner’s office and an emergency room highlights the manner that the counselor must prepare for all of the contingencies of not only mental illness, but also for mental health, in the population he or she is tasked with serving. Counseling in this regard can be seen as a tool to help maintain or restore normalcy to individuals based upon their own self-definition of importance and accepted societal standards of fu nctioning. In being able to distinguish between the critical and clinical symptoms of severe mental illness and the factors that are required to build a stronger sense of well-being and mental health, the counselor can begin to serve the diversity of needs that he or she will encounter within a given population, as well as to understand some of the causes that lead people to psycho-spiritual crisis and life

Anthropology Concept of the Home

Anthropology Concept of the Home Annotated Bibliography: Home Introduction In this paper, I will be reviewing 4 readings which are closely related to homes and dwelling. I will also analyse and assess the strengths and weakness on each reading based on the explanations and theories presented on each reading, based on the ideal home, the perception of home and the concept of home within the anthropological perspective. A home or a domicile is a dwelling-place used as a permanent or semi-permanent residence for an individual, family, household or several families. It is often a house, apartment, or other building, or alternatively a mobile home, houseboat, yurt, shack, etc. Homes typically provide areas and facilities for sleeping, preparing food, eating and hygiene. Homes also provide a private space which allows the residents to separate from the outside world. Homes can also be used in a variety different ways in comparison to public space or quasi-public spaces in which certain rules and regulations are mandatory. When secure and legal dwellings are not available due to financial or geographical reasons, residents can be forced to live in informal and/or illegal shacks found in slums and shanty towns in a geographical region. Slums and shanty towns are still present in developing nations in the modern era. Generally, home may be considered to be a geographic area, such as a town, village, suburb, city, or country. Bachelard, G. 1958. The Poetics of Space: The Classic Look at how we Experience Intimate Places. (1994 edition, translated by M. Jolas) Boston: Beacon Press Gaston Bachelards book, The Poetics of Space provides an intriguing insights into the meaning of spaces which incorporate poetry, primarily focusing on intimate private spaces such as a house. Within, the home, examples such as a drawer, a night dresser are mentioned and analysed from an anthropological and philosophical perspective. Also, outdoor spaces such as vistas, gardens, trees and woods are also examined in a similar manner, both indoor and outdoor spaces are examined in a poetic manner in comparison to a structured manner which is different than most standard academic readings, therefore the book is appealing to wider audiences. In the first chapter of the book, Bachelard focuses on the interior domestic space within the home and its components, such as rooms and objects within a room, primarily focusing on furniture, dà ©cor and windows, doors etc. Bachelard also continues to pursue the investigation of the acceptance of the subjective consciousness and the poetic image. Bachelard also states that an acceptance within the domestic space which also demands with great openness from residents or guests, and a focus on the present experience different time frames. Bachelard states that a home is the essential, almost living object, meaning that the home according its residents, they experience an epitomical memories with the home setting. Bachelard claims the home is categorised as a personal universe, claiming that all really inhabited space bears the essence of the notion of home (The Poetics of Space, 1958, p.5). Bachelard, continues to examine the home as the expression and explanation of the soul through literary images and poetic images. This is found in most forms of poetry. Bachelard examines different locations in the home as certain places of memory and also intimacy which are also expressed in poetry. This also provides a detailed anthropological, philosophical and psychological perspectives of the home to the reader. Bachelard focuses on the poetic images of the home for it being the property of the innocence and relative consciousness, something which precedes conscious thought from the people who are present, the home does not require extensive knowledge and is the product of the heart and soul according to the resident. Bachelard also describes the direct relation of poetry to reality and vice versa which intensifies the reality of certain perceived objects (imagination augments the values of reality, The Poetics of Space, p.3). Bachelard claims, poetry is directed at one and the same time both outwards and inwards, therefore establishing a future discussion of outside and inside (in relation to home and other public spaces) which is familiar to anyone who is familiar with the theories of public and private space. Bachelard claims that the home has both complexity and unity, it is made out of experiences and memories, Bachelard also introduces his concept of topo-analysis, which he defines as a psychological studying of the sites of our intimate lives which is done systematically. The house, the most intricate and intimate of all public and private spaces, in which it protects the daydreamer and thus understanding the house is a way to understand the soul and also the spiritual attributes of a human being. Heidegger, M. 1951. Building, Dwelling, Thinking. In: (trans. A. Hofstadter) Poetry, Language, Thought [New York: Harper, 1971], pp. 145-61 Martin Heideggers Building Dwelling Thinking begins with a strong argument that a dwelling structure (primarily focusing on fixed buildings) is essentially and ideally designed for a person or family as their own private space for many dwelling related purposes. However, Heidegger also states certain definitions and considerations that undermine the clarity and simplicity of this statement. Heidegger argues that not all buildings are designed for dwelling, which is obvious when considering factories, hospitals, schools, office buildings etc. The fundamental framework for Building Dwelling Thinking is to investigate into the relationships and processes between the concepts of building and dwelling, and to question the meaning behind dwelling, how building relates to dwelling and does building in itself allows for dwelling. Heidegger claims that the modern world has brought about a negative perception and analysis between building and dwelling. Heideggers perception was formed during the post war housing crisis in the 1950s in Europe, as the original article was published during the housing shortage which was common in the early 1950s. Heidegger also examines the origins for most key words (e.g. build) and analyses the words based on meaning from an anthropological and philosophical perspective, which helps to build strong arguments and gather further insights from the mid-20th century from a historical perspective. Heidegger claims that the key words have lost their original meanings in regards to existing or being in a certain place, primarily focusing on dwellings. Heidegger then proceeds to argue in regards to the manner in which we reside in residential buildings. Heidegger also provides a very overt philosophical perceptive about the manner in regards to our identity on Earth within a dwelling. However, for residents who may not own a property or living in a semi-permanent or temporary accommodation, the true emotions of belonging at home is disputed as some individuals may feel that home is a part of their identity, but other residents may disagree with this perspective. In terms of describing the relationships between dwelling, Heidegger claims that modern times (then post-war era) has brought a large, complex confusion in the understanding and processes of relationship between building and dwelling from a sociological perspective which is also stated in the readings very overtly. Heidegger also states, as buildings are not conceived to be related to the state of a dwellers existence in the world. Buildings in particular, are not problematic as the ability for a building to provide housing or shelter is in this article is considered as being adequate. Heidegger also clarifies the properties and functions of buildings and their relationship with dwellers, with considering social and cultural aspects of a dwellers lifestyle. Buildings and dwellings are also a part of a local community which can lead to a certain community to experience a mutual sense of the present, past and a future. Dwellings according to Heidegger are a fixed, permanent place and in order to be situated in a certain relationship with a dwellers existence, a relationship is characterized by enabling and nurturing the world through dwellings and their omnipotence. According to Heidegger, the basic character of dwelling is to spare, to preserveà ¢Ã¢â€š ¬Ã‚ ¦ dwelling itself is always a staying with things. Dwelling, as preserving, keeps the fourfold in that with which mortals stay: in things (Heidegger, 1951 pp.150-151). This also questions the meaning of home to dwellers who live a non-permanent fixtures such as shacks, tents and yurts. Kaufman, E. 2002. Living Virtually in a Cluttered House. Angelaki, vol.7, no. 3, pp. 159 169 Living Virtually in a Cluttered House by Eleanor Kaufman, provides a modern insight to readers in regards to the internet revolution within the home and beyond, Kaufman also assesses and analyses the human interaction within the home through virtual visions and experiences from a psychological and philosophical perspective alongside an explanation for the evolution of home through a historical perspective. Kaufmann starts the article with segments from Gaston Bachelards book, The Poetics of Space (1958), which provides a good solid arguments for advanced thought within the home. Kaufman assesses and analyses the evolution of the home throughout various historical periods. Kaufman also claims a detailed analysis of the space of the Baroque house, which is defined by the fact that it has only two levels and, moreover, a folded space that separates them. The universe as a stairwell marks the Neo-platonic tradition. (Kaufman, 2002 pp. 159). Kaufman, also traces the history of levels within the home which began during the Baroque-era, as the eras contribution is a home with only two floors, which is standard in most houses in the modern era, separated by a wall or barrier that echoes, similar to terraced houses and apartments. Kaufman also claims that the two different levels are used differently and are also divided based on activity, privacy and safety, At issue here are, on the one hand, the demarcation of two distinct floors or levels and, on the other, the liminal or boundary space the fold or point of inflection where the two levels come together. (Kaufman, 2002, pp. 159) The two levels of the Baroque house would appear to be diametric opposites: the lower level is large, open, public and spacious, while the upper level is small, windowless, private, and closed. Furthermore, the lower level corresponds with the body while the upper level corresponds with the soul. (Kaufman, 2002, pp159) Kaufman claims that the levels within the home cannot be separate from each other, as the first floor cannot exist without the second floor, or there is one floor. Then again, and this may be preoccupied in what follows, the question remains on whether or not one floor question remains on whether or not a I flooring is actually single or whether or not it conjointly presupposes a virtual second floor. It appears that the latter is that the case a minimum of in France wherever the enumeration of floors begins with what in American nomenclature language is already the second floor. Such conundrums riddle may well be worked out indefinitely, however what matters is that they need real referring to the means we have a tendency to understand the area distance around United States and therefore real referring to the means lives and lived, notably in non-extreme moments, here and currently that is most of the time. This question of the double dubiousness of the image belonging or contiguousness of 2 distinct however indivisible entities involves the foreground in another philosophical register, that is that of the relation between mind and body, relative between intellect and resonator. Victimisation the framework of the Baroque house as some extent of departure, firm as a mathematical notation of divergence. Kaufman also bases her argument through the works of Gilles Deleuze, a well-respected French philosopher. Deleuze connects this framework on varied occasions to the mind-body head-substance question. Whereas treating this question consistently with relevance Deleuze would need a lot of in-depth analysis, its helpful and beneficial here to illustrate however Deleuzes model of Baroque area conjointly serves manikin of Baroque area conjointly function an abstract model for the same relation between body and soul. Robben, A. C. G. M. 1989. Habits of the Home: Spatial Hegemony and the Structuration of House and Society in Brazil. American Anthropologist, vol. 91, no. 3, pp. 570 588 Habits of the Home provides an intricate glimpse into special hegemony and housing structures in a coastal town, Camurim. Camurim is a coastal town of around 6,000 inhabitants the state of Bahia in northeast Brazil. This socio-spatial organization of the house gains a full capacity. The social relationships and limits fit those of the economic, domestic, through the economy, planned within the home, correspondence of those 2 levels of a stratified results of associate degree informative method during which social perspective of the domestic world. For example, the fabric reply to his written agreement obligations at work, space resembles the competition for standing in within the bedchamber is expounded to the importance of couple. Nonetheless this informative method isnt solely same time, the public toilet economic and public positions, the interpretation and copy. House and society represent area unit reflected nonetheless reworked within the alternative. during this article, Robben clarifies the complicated relation associate degree associate degreealysis of the domestic world of fishermen a sketch of the anthropology setting associate degree, Robben also demonstrates that the organization of society domains isnt an analytic however an empirical polygamous areas exist among the house, the sea, create phased transitions between the 3 domains lowed by an outline of the principal reciprocal direction of the social group and domestic domains can discuss the organization of the house and domains of society. However, Robben highlights variations of the socio-spatial habitus make to totally different erected between house and society. The four-six man fishing crews can stay up to 10 days. They exploit a colossal space of coral reefs and sand banks between the coastal waters and also the fringe of the ocean floor. The twelve largest vessels fish solely with hand lines, whereas the smaller boats alternate between the employment of trawl nets, gill nets, and hand lines. The high price of even the small powerboat ($6,000) has resulted during a patronage system during which some former boat fishermen have succeeded in befriending native landowners to co-sign their bank loans. The growing monopolisation of those social networks by the boat house owners has hindered the upward quality of the boat fishermen. The road is seen as impure, because the supply of evil, as a place of danger conflict that will damage the members of the unit if its dangerous influences are penetrate. Physical markers, thresholds, and ambiguous areas area unit erected that serve rework folks symbolically throughout their transition from one social domain to. According to Robben, residents in Camurim make certain to wipe their feet on the adorned doormat rests on the threshold after they enter a house as a symbolic gesture that they convey evil to the house. Conclusion To conclude, all readings are closely related to homes and dwelling and describe the various themes of home, in regards to personal space and a sense of belonging. Also, between Heidegger (1951) and Robben (1989), there is a rigid perceptive on dwellings and their strong bonds. However, this may not be applicable to residents who may in semi-permanent or temporary buildings. Kaufman (2002), provide a modern arguments to the relationships between dwellers and dwellings through a comparison of ancient era buildings and their structures. Bachelard (1958) provides a fluid, open argument behind the meaning of each designed room within the home. Bachelard also assesses the home from a psychological and philosophical perspective which provides more details for a holistic argument. However, in the modern era the concept of home being separate from the outside world is changing. Due to advancement in technology, the home is also becoming a place to socialise, work and build alongside the outside world through medium such as mobile phones, PCs and tablets. These ideas and viewpoints may be challenged in the present and in the future. Bibliography Bachelard, G. 1958. The Poetics of Space: The Classic Look at how we Experience Intimate Places. (1994 edition, translated by M. Jolas) Boston: Beacon Press Heidegger, M. 1951. Building, Dwelling, Thinking. In: (trans. A. Hofstadter) Poetry, Language, Thought [New York: Harper, 1971], pp. 145-61 Kaufman, E. 2002. Living Virtually in a Cluttered House. Angelaki, vol.7, no. 3, pp. 159 169 Robben, A. C. G. M. 1989. Habits of the Home: Spatial Hegemony and the Structuration of House and Society in Brazil. American Anthropologist, vol. 91, no. 3, pp. 570 588

An Analysis of Neil Young’s Pono Music Player Essay -- Pono Music Play

Introduction The researcher’s objective in this paper is to address the issue of the compromise that has been occurring throughout the years, wherein music producers are forced to present material to their audience in simplified, compressed forms. In particular, the researcher would like to dissect Neil Young’s most current innovation – the Pono music player, and analyze whether or not its attempts at aiding this audiophiliac dilemma poses potential success. The researcher also aims to look at whether or not the general public presents a need for this type of product, seeing as there are numerous portable music players already accessible on the market. Over the course of several decades, the engineer’s mind has proven adamant in its attempts at producing and delivering high-fidelity music to the general public. Canadian musician, Neil Young identifies with this statement as he reveals his latest addition to the gallery of high-resolution music players – the Pono music player. With numerous products containing a similar concept available in the market, Young and the investors of this project are faced with the question of whether or not there is a need for another device of this nature, and whether or not the general public recognizes the same musical dilemma of having to listen compromised-quality audio. â€Å"Pono† takes its name from the Hawaiian term for â€Å"righteous† or â€Å"goodness.† In a speech Canadian singer/song-writer, Neil Young gave during the 2014 South By Southwest Festival in Texas, he explains that Pono is potentially a great way to serve music to an artist’s audience in the best quality possible: the quality in which producer wishes for it to be heard. The body of literature on management of technology and inno... ... Mar. 2014. Web. 19 Apr. 2014. . Baldwin, Y. C. The Architecture of Platforms: A Unified View. In Platforms, Markets and Innovation. Cheltenham, UK: Edward Elgar Limited, 2009. Print. Den Uijl, Simon, Henk J. de Vries, and Deniz Bayramoglu. "The rise of MP3 as the market standard: how compressed audio files became the dominant music format." International Journal of IT Standards and Standardization Research 11.1 (2013): 1+. J Josephson, I. "NPD Music Year in Review. J." (2005): In Proceedings of the NARM. n. pag. 04 Apr. 2005. Web. Langlois, R.N., and P.L. Robertson. "Networks and Innovation in a Modular System: Lessons from the Microcomputer and Stereo Component Industries." Research Policy, 21, 297-313. Doi:10.1016/00487333(92)90030-8., 1992. Web.

Cloning :: essays research papers

The Issue of Cloning & Bioengineering   Ã‚  Ã‚  Ã‚  Ã‚  There have been many breakthroughs in bioengineering lately. In 1998, scientists at the Roslin Institute in Scotland, cloned the first ever mammal, a sheep named Dolly. Scientists can now isolate a gene, and put it into an animal of a completely different species. This opens up new windows in many of the world's industries, such as medicine and agriculture. In the paragraphs ahead, the processes, possible applications, and the consequences of the biotechnology industry will be covered.   Ã‚  Ã‚  Ã‚  Ã‚  First off, I'll get into cloning. The definition of a clone is an organism that is derived from another organism by an asexual reproductive process. The result is an exact copy, basically a genetic twin, of the organism being cloned. Cloning is still very faulty. The success rate of the process is extremely low. I've broken down the whole process to better explain it:  · Take an unfertilized egg from a female, and take the nucleus out.  · The cell from the specimen to be cloned is put in a petri dish and cultured for 7 days.  · Starve the cultured cells to put them into a dormant state.  · The egg and the cell are put next to each other in a dish.  · Then an electric current is passed through them to fuse them together.  · The reconstructed embryo is cultured and grown for 7 days.  · The embryo is put into the female that is at the same stage of the estrous cycle. She then becomes pregnant. There is a lot more to making a clone than what I described, but this brief summary of the process gives a basic idea as to what happens.   Ã‚  Ã‚  Ã‚  Ã‚  Many uses and benefits have been speculated as a result of these new innovations. For example, organs for transplants are in great shortages. In the past, animal-to-human organ transplants have been a big failure. The average amount of time a person would live after receiving an animal organ was about 2 weeks to a month, simply because the body would reject them. It is now possible to alter animals in such a way that the tissues of the organs will register as human organs when they are put into the body. Research is still in the early stages, but it is a definite possibility in the future.   Ã‚  Ã‚  Ã‚  Ã‚  Human therapeutic proteins can also be produced through bioengineering. These proteins are used to treat a variety of human diseases, but they are hard to produce and run the risk of contamination and disease through traditional methods.

Contract Law Assignment Essay

From looking at the facts laid out by Grab regarding the purchase of a sandwich shop, it seems that the most likely action is that of misrepresentation. A misrepresentation is defined at common law as â€Å"a statement of fact made by one party to the other party, which is false. While not necessarily forming a term of the contract, is yet one of the main reasons which induces the one party to enter into the contract† and is supported by the Misrepresentation Act 1967. From the facts of the case according to Grab, it seems that he is unhappy about the purchase of the shop. There are two issues present here concerning misrepresentation. Firstly, he ‘specifically inquires’ to Dino whether Porthampton Institute (who are the shops main customers), if it was going to re-locate out of town, which was said to be rumoured. Grab refers to the statement made by Dino explaining that he had asked a neighbour, who is a senior planning official with the City Council, and assured Grab that â€Å"no move is planned†. Once buying the shop the institute moved out of town, causing the income of the shop to be substantially reduced. The second issue concerning misrepresentation is that of the business turnover for the previous three years. Dino explained to Grab that the shop was receiving ‘up to ,000 per year’. But after purchasing the shop Grab asked his accountant to look over the figures and found that it had only reached ,000 in the last year and was below ,000 for the previous two years. However for Grab to have an action for misrepresentation, he must first prove that Dino’s statements were those of fact and were false. It is necessary to discover whether the statements are a misrepresentation in the legal sense. A false statement of opinion is not a misrepresentation of fact -Bisset v Wilkinson. However, where the person giving the statement was in the position to know the true facts and it can be proved that he couldn’t reasonably have held such a view as a result, his opinion will be treated as a statement of fact. This would apply to the statement made by Dino about Porthampton institute not moving. Grab trusted Dino’s reassurance about ‘no move being planned’, because he had asked a person who looked like they were in the position to know the answer i.e. Dino’s neighbour, a senior planning official for the City Council. In this case to the general person, it would seem that Dino’s statement about the sandwich business having a turnover of up to ,000 per year for the previous three years is a statement of opinion due to the language used. Dino states up to ,000, meaning it may come across as a statement of fact because Grab sees Dino as a person who has owned the business and run it for the last ten years, suggesting that he had some skill or knowledge of the subject matter of his statement. The case of Smith v Land and House Property Corp is an example of how the courts could view Grabs case. In this case a statement that the tenant of the house concerned was a â€Å"very reliable person† which was considered to be a statement of fact rather than a statement of opinion as â€Å"†¦..the opinion was being made by somebody who had the knowledge to make such a statement†, so in my opinion the courts could view Dino’s statement as a statement of fact in this context, as h e had the â€Å"knowledge† to make such a statement due to his position as the owner of the sandwich business. If the courts were going to look deeper into Grab’s case they could look at another issue concerning ‘silence’. Generally silence is not a misrepresentation. The effect of the maxim caveat emptor is that the other party has no duty to disclose problems voluntarily. Thus if one party is labouring under a misapprehension there is no duty on the other party to correct it: Smith v Hughes . However there is an exception to that rule which may help Grab. Half truths – the representor must not misleadingly tell only part of the truth, thus a statement that does not present the whole truth may be regarded as a misrepresentation as in the case of Nottingham Brick & Tile Co. v Butler . We need to find out whether the statements made, induced Grab into signing the contract. The courts would look to four conditions laid down by a series of cases to decide whether the statement did induce the contract to be entered into by the representee. The first of these is defined by the cases of Smith v Chadwick and Museprime Properties Ltd v Adhill Properties Ltd where it was decided that the representation must be material to the subject matter of the contract. The second is that the representee must have relied on the misrepresentation. The misrepresentation has material value – the business profit margin. It can be seen adequateley important enough to influence Grab as a reasonable person. Once Grab has proved that both the statements made by Dino are actionable misrepresentation it is necessary for me to advise him of the type of misrepresentation which has occurred, which depends on the mind of the representor at the time he made the statements. The first type of misrepresentation is fraudulent misrepresentation at common law. I would advise Grab that this bears a very high standard of proof and is very difficult to prove, as he would need to prove that Dino was deliberately dishonest in making the statement. Another type of misrepresentation is that of negligent misstatement at common law. Here the claimant must prove that there was a special relationship between the parties and he must also prove all the elements of the tort of negligence. However, once again this is difficult to prove as the burden of proof is on the ‘wronged party’, and I would advise Grab that it would be difficult to prove that Dino knew that he would act on his representation. I would advise Grab that it would be better to attempt to repudiate the contract under the doctrine of ‘negligent misrepresentation’ under the Misrepresentation Act 1967, for the statement about the turnover of the business being not exactly true. This is because s2 (1) of the act changes the burden of proof, shifting it to Dino who must now prove that he had â€Å"†¦.reasonable grounds to believe †¦.and did believe the statement(s) to be true..† , if Dino cannot prove that he believed the statement to be true  than he will be ‘negligent’, meaning he will be liable for damages and or rescission of the contract (subject to certain bars of rescission). This burden can sometimes be difficult to discharge as shown in the case of Howard Marine & Dredging Co. v Ogden & Sons . I would advise Grab that the decision of the courts in the case of Howard Marine, if it was to be followed by the courts in his case, that it could be an important factor. In Howard Marine the courts said that for them to reasonably believe their statement was true they must take reasonable steps to verify this fact i.e. the manufacturer of the ship. If it is established that Dino did not have proper recordings of the business accounts, this could be a major factor in Grab’s case. Now that damages for negligent misrepresentation may be awarded the question arises whether the representees own negligence, which has contributed to his decision to enter the contract operates to reduce proportionality to the liability of the representor. The courts may take this into account with Grab that contributory negligence is present here, because Dino offered him the chance to look over the business turnover accounts before putting in an offer to purchase. As in the case of Gran Gelato Ltd v Richcliff (group) Ltd , Sir Donald Nicholls V-C decided not to make any reduction in the damages awarded, on the ground that the defendants intended that the plaintiffs should act in reliance on the misrepresentation, so they cannot complain when liability is imposed precisely because the plaintiffs did act in the way the defendants intended . Innocent Misrepresentation is another form of misrepresentation. It must be regarded as a false statement, which was made neither fraudulently nor negligently. In fact, as a result of the wording of s.2 (1) of the Misrepresentation Act 1967, the representee must not only have believed the statement, but must be able to prove that he had reasonable grounds for believing it. The victim of an innocent misrepresentation is entitled to rescission of the contract, and to an indemnity intended to help restore the parties to the position before the contract was made. There is no right to damages for innocent misrepresentation, but the court has a discretion to award damages in lieu of rescission provided the right to rescission has not  been lost – as set out in s.2 (2) of the Misrepresentation Act 1967. It is clear with Grab’s case that Dino made a false statement innocently, which can be believed to be correct because he asked a senior planning official who was a neighbour of Dino. Even though the information was not completely right, it still looks reasonable enough to believe such a statement. Overall, my advice to Grab is if he prosecutes Dino with innocent misrepresentation for the move of the Institute and negligent misrepresentation regarding the turnover of the business, the courts would look into giving Grab the right to rescission, putting him in the position before the contract was first made and also they would calculate the loss of earnings for the ten months that he was in ownership of the sandwich shop and award him with compensation. It is not definite that the courts will uphold both negligent and innocent misrepresentation but the contract between Dino and Grab will definitely become voidable as opposed to becoming void. Meaning that he will receive either rescission or damages, but that would be for the courts to decide. Overall Grab has a strong case against Dino.

Marijuana: a Gateway to Self Destruction

There has been substantial research which provides information on how Marijuana is not addicting itself, but the way it sakes you feel can be the breaking point to trying other addictive drugs. Research shows, adults who are addicts admit their first time of use and first drug of choice was when they were an adolescent and smoked Marijuana. Until today, many argue for or against legalizing marijuana throughout the united States, and it is still a struggle for some to overcome. As of 2011, Marijuana became legal in 16 States in the united States (Anabas & Cohen, 2011).According to the Office of National Drug Control Policy (OWNED, Bibb there has been Increasing efforts to legalize marijuana which can cause marijuana to rope In price and Increase the use of the drug (OWNED, 2013); keeping It Illegal keeps the price of marijuana up keeping the use rates low. According to Carbon. Org, (Bibb marijuana can be purchased In almost any neighborhood In any city or state In the U. S. , thus con tributing to the pervasive nature of the drug. It is also considered a drug of convenience because it is easily concealed, both for transport and use.This is why it has become widely popular with adolescents or young adults who have a lot of authority figures involved in their lives. Most marijuana users or those with Arizona in their possession do not go to prison. According the OWNED, a survey by the Bureau objectifies Statistics showed that . 7 percent of all state inmates were imprisoned for marijuana possession only because they had pleaded down from a more serious crime (OWNED, 2013). By States legalizing medical marijuana, it makes marijuana more easily obtainable for teens and normalizes It making It seem okay to use.Between the ages of preteen and teens, any disruptions In normal brain development, including chemical disruptions and/or changes can make physiological and psychological changes that can last a lifetime. According to Anabas & Cohen (201 1), early-onset drug use is the single best predictor of future drug problems in an individual (P. 8. 13). Children, whom experiment with any drugs or alcohol, including marijuana, before the age of 12, are four to five times more likely to have major addiction problems than those who wait until after 18 years of age (P. . 13). Adolescents contain less body fat and water content than adults and have immature enzyme metabolism systems. They also â€Å"manifest the condition shortly after beginning use if genetically vulnerable to addiction,† (8. 13). Adolescents are more vulnerable to environmental stress and drug availability and had less time to develop life skills and healthy coping mechanisms (8. 13). Marijuana can have negative effects on the body and makes a person more susceptible to colds, flu, and other viral infections.ETC can lead to â€Å"enhanced growth of tumors, including those response. Marijuana smoking also damages the lungs and other respiratory tissue (Anabas & Cohen, 2011). The legalization of marijuana is making the drug easier to acquire and because of this more and more adolescence are using this drug. With he vulnerability of the young human brain the impact of marijuana can be extremely sever. Legalization is making the use of marijuana a social norm which is slowly leading users to try other drugs, causing marijuana to be a gateway drug.

War Brings Out the Good in People

War brings out the best in people War does not bring negative effects all the time. It does bring out the best in people. This is because during war people start caring more about everyone. The war unites people and makes them more courageous. During war time, people start caring more about everyone’s humanity. When people see, for example, a family in distress due to war, then people would become more hospitable and help them in every way they can. They might give them clothing, food and provide all their necessities, and also sometimes let them stay at their own place.During the war time people become more united. For example, the town I lived in got bombed, then all the people in our town would get together to survive in the bad times. Even enemies will be united in these bad times . During war people will not only think about themselves, but they would also think about others too. For example, the people who live in the next town would collect money and help our town that was bombed. Even other neighboring countries would help us in times as these.During the war time, people would get more courageous. This is because to survive people will have to be courageous. If they are not scared then they can somehow bare any sort of pain. But if people are scared they would not be able to face the ugly truth of war. To conclude, I would say that war does not bring bad in people. It does bring the good in people as the facts I have written above. Because of war people would be more hospitable, caring , courageous and be untied to survive together.

Law for Business Case Study Example | Topics and Well Written Essays - 1500 words

Law for Business - Case Study Example There have been various justifications which have been provided for this approach which include the control test, deeper pocket justification etc which have been said to be adopted by judges. (Professor Glanville Williams) 2 The three tier test which needs to be proved in order to hold an employer vicariously liable is a) offender was the employee (of that employer) b) a tort had been committed by the employee c) and it was committed in the course of employment.3 When determining the nature of the relation with the person that is whether he is an employee or an independent contractor the facts as well as the law have to be considered. However if there are written documents on whose construction it can be established then it is purely a question of law. (Davies v. Presbyterian Church of Wales)45 The distinguishing factor has been said to be contract of service or of employment which clearly point out to an employer-employee relationship allowing vicarious liability for torts of others, however if there is a contract for services then no employer-employee relationship will be found and thus no vicarious liability.6 The traditional aspect for determination of employee from independent contractor was th... Noakes)7 It needs to be pointed out tat the use of the control test has been limited because of difficulties being faced by courts, however it has not been abandoned. 8 The next important aspect which needs to examined it that of mutuality of obligations that is offer of work by employer and acceptance by employee. It needs to be pointed out that these tests are helpful but not conclusive. Therefore there are many factors which have been taken into account and the most important case can be said to be Ready Mixed Concrete (South East) Ltd. V. Minister of Pension and National Insurance9 on the applicability of such factors.10 By looking at the above case it will be presumed that Jim, the software engineer was an employee of Cobend rather than an independent contractor. The second point of the test which requires the commitment of a tort by the employee has clearly led to the employer being vicariously liable (Staveley Iron and Chemical Co. Ltd v. Jones)11 . There had been variations from this approach but it has been restored that an employer will be liable for the tort committed by the employee.12 The final requirement of 'in the course of employment' has been said to b a vexed requirement. There have been found to be many policy reasons for not holding employers liable but it has been said that if an employee has committed a tort which comes under the scope of employment then the employer will be held liable otherwise not. An important point which needs to be regarded with regards to the facts is that it needs to be established that Jim acted carelessly and therefore Cobend should be held accountable. The main points of consideration are the questions of the reason for employment of the employee and if it