Saturday, August 31, 2019

Organizational Process Recommendation Paper

RUNNING HEADING: Organizational Process Recommendation Organizational Process Recommendation Paper University of Phoenix MGT 449 Mrs. Rebecca McHatton December 7, 2009 Quality International Textile Group is a diverse, innovative provider of global textile solutions and distinguished fabric brands to automotive, apparel, interior furnishing and industrial markets worldwide. While excellence is the common thread that weaves throughout Quality International Textile, it is the uniquely combined threads of a global manufacturing platform, innovative products, state-of-the-art systems, and a dynamic team of forward-thinking professionals that create unparalleled opportunities and competitive advantages for our customer partners. Quality improvement involves identifying discrepancies within organizational processes that may not run as effectively as possible. Many organizations find that a process is adequate for a time, but could function more effectively with some tweaking. An organization that strives for quality helps create an atmosphere based on teamwork and ensures that the entire organization will contribute to meeting the company’s ultimate goals. An effective evaluation process helps manage employees, offer suggestions, and a chance to set their career goals. The evaluation of an employee should have a positive influence on each individual employee regardless of the outcome. A major determinant of service quality centers on the people providing the service. Employee selection, training, motivation, supervision, and reward-all process relating to employees have a significant impact on quality. Burrill, 1999) Currently, there is no particular standardization for the process. Each manager evaluation process differs from another. Below is a â€Å"as is† flow chart of the current evaluation process that need to be analyzed. The description of the process is extremely limited because currently there is no strategic plan in place within t he entire process. Form the period that the self- evaluation is initiated until the time the management evaluates the employee can range any where from 1 month until one year. There is also no set timeframe when management discuses the employee evaluation until the time a pay increase is initiated. All raised vary from one manager to another, and there is no particular percentage set for pay increases regardless of the evaluation outcome. Therefore, there is no relation of the process to the organization’s strategic plan. This process of improvement would benefit the employee; it would also benefit customers, and the company as a whole. Effective quality management for an evaluation process would lead to higher productivity because employees would know and understand that their yearly salary increase would depend on their performance therefore, timely and systematic resolution of evaluations/ appraisals is important. An effective performance appraisal process would help the quality culture within the organization because employees would feel that their performance is significant to the company and its goals. Customers within the organization that are affected are office and field employees, suppliers, and customer. Initially a customer does not know if the service provided is good or bad, but an inefficient process for serving the customer can create a dad impression. The Fabric industry experiences the same business malfunctions as other companies. Therefore, the fabric industry should adapt the methods and ideas as other companies but many still have not adopted the Total Quality Management process. Those are the companies that will most likely experience increasing competition, rising legal cost related to cost overruns and schedule delays, and decreasing profit margins. (Cotinas, 1999). Several steps can be taken to ensure that metrics motivate process behaviors that increase customer value. The first is to identify and prioritize the customers served by the process. (Burrill, 1999). Although the process of employee evaluations does not directly involve customer service, it does have an effect on customers receiving services from the company’s employees. To hire an HR manager to perform create and perform appraisals to better adhere to each employees qualifications would be a great way to implement a change. The cause-and-effect diagram is a method for analyzing a process. The diagram’s purpose is to relate causes and effects. The cause and effect diagram can become complex and make it difficult to identify the problem, but it would be well worth it. If other all employees are allowed to help identify problems relating to the situation and provide a chronological view, that would be just what the company needed for restructuring of the company’s quality culture. Improvement process can vary and there are many tools to help organizations implement change. Seeking ideas and opinions from employees is one of the best techniques to identify whether or not any changes are necessary. References Achieving Quality through continual improvement . From University of Phoenix eBook library web site: https://ecampus. phoenix. edu/content/ebooklibrary/content/eReader. hCortinas, D 1999

Friday, August 30, 2019

Living downstream essay Essay

The toxic century refers a history of events in how mankind has polluted the environment and even our own bodies. This was done using harmful chemicals and toxins through a variety of military and industrial practices. Even now if we eat healthy, exercise and live the most innocent lives, you can come under attack from this invisible enemy, simply by existing on this planet. What caused this? Of the 200 organic chemicals known to cause breast cancer in animals 203 are manmade and 9 are natural. This stat shows us that we created a toxic environment. Wilhelm Hueper who we learned about in class said The majority of human cancers are traceable to environmental exposures and therefore potentially preventable† â€Å"Why did we do this to ourselves? After each World War, numerous military plus industrial practices and technologies have introduced a series of new chemicals into our bodies and damaged the environment we call home. This led to many diseases such as cancer or †¢Itai itai byÃ…  †¢(ouch ouch sickness) the toxic century is a by-product of rapid industrialization due to war. Sandra Steingraber wrote the book living downstream about her experiences with cancer and chemicals. In it she details the wars in playing an active role in the toxic century and in her words† changed chemistry and physics forever.† After each world war the need for each country trying to rapidly industrialize in order to beat other countries was so important that common sense was not present. Countries decided to forgo safety checks in order to make sure their products were more effective. As a result, many chemicals such as chorine, DDT (used as an insect repellant in the war) and PCB’s were released in society for commercial use. DDT in particular was linked to cancer and hurt wildlife in the areas it was released. Chorine was used in the war as a biological weapon was very effective and fatal against enemies. After the war, chorine was released in cleaning products, medicines and agriculture. They used propaganda and the ignorance of the people in order to sell the products. It was a time where western society was obsessed with cleanliness, they would give up anything to have it in their homes. First it was health issue & economic industry, soon it became a desirable convenience & cultural norm. The cold war was created as a by-product of the two world wars. After World War 2, countries have found a new untested technology known as nuclear bombs. This led to the invention nuclear power where countries started generating power from nuclear sources. The problem of this is nuclear accidents. At least 6 of the biggest nuclear accidents have been recorded. Chalk river in Canada being one and the most recent one in Fukushima, Japan. Nuclear fallout results in cancerous carcinogens being released into the environment. The effects of which are not felt until years and years later. This is not allof the negative effects, more importantly, a state of fear was created in society. An example was given in lecture about a town that was near a nuclear plant. When an explosion occurred in the plant, the people fled thousands of miles away. The mayor only recommend a few people leave and just a few miles away. This shows you the state of mind, these people were in after hearing about other nuclear meltdowns. On the positive side, it shows that people understand the dangers of the toxic century and things like this will not be endorsed by the people in the future. Sandra Steingrabber advised at the end of her book that we should use the precautionary principal in our daily lives. That we should act to prevent and not the other way around. One can only imagine what would have happened if we testing chemicals before using them commercially or simply not using them at all. One could argue that we gained so much as a society thanks to the inventions that came along because of these chemicals but can we truly weigh human lives against that? Only in learning about the toxic century like any other piece of history, can we prevent future situations similar to the one we are in.

Thursday, August 29, 2019

Law of Negligence: 1st and 2nd essentials of Negligence Essay

INTRODUCTION Negligence is a part of that branch of Civil Law known as Tort Law. Hence, negligence is a tort. Other torts include nuisance, trespass (to person or goods or land), deceit, passing off, defamation and so on. This lecture will examine the tort of negligence, and will focus on the first two ‘essentials’ needed to prove an actionable case. Lecture 4 will consider the third essential, defences and remedies in Negligence. On successful completion of this lecture, you should (within the scope of the course) be able to: * define the meaning of tort * define negligence * identify and describe the three essentials needed to establish a case in negligence * describe and discuss the legal principles used to establish duty of care for negligent actions * describe and discuss the legal principles used to establish duty of care for negligent advice * identify the attributes of the hypothetical ‘reasonable person’ * identify and describe the guidelines used to establish breach in the standard of care TORT A tort is defined as a civil wrong (other than a breach of contract) in the form of a breach of duty for which the legal remedy is an award of damages. Tort Law is quite distinct from the Law of Contract. Pentony, Graw, Lennard and Parker (2003, p.367) puts the difference this way: â€Å"The main difference between tort and contract is that the law of contract essentially deals with the enforcement of rights that the parties have created for themselves through their agreement while the law of torts deals with the enforcement of rights that have been conferred by law – irrespective of agreement.† A tort will impose a duty of some kind on a person or persons in certain circumstances, and its breach can entitle the plaintiff to damages as  compensation for the loss or injury suffered. The rights that the tort law protects include the rights of individuals not to have their property, reputation, person or certain interests injured. NEGLIGENCE As noted above, Negligence is but one of a number of torts, albeit the most important one. Negligence is the doing of something which a reasonable person would not do or the failure to do something that a reasonable person would do, which inadvertently inflicts harm. That is, the plaintiff does not have to prove that the defendant either intended his act or its consequences. However, negligence involves more than just careless conduct, and involves a combination of the concepts of duty, breach and sufficient connection in law. Accordingly, there are 3 essentials which the plaintiff must prove ‘on the balance of probabilities’ in order to succeed in an action in negligence: 1. the defendant owed the plaintiff a duty of care; 2. the defendant failed to conform to the required standard of care; and 3. there was a sufficient connection in law between the defendant’s conduct and the damage (i.e. loss or injury) suffered by the plaintiff (note: the 3rd essential is often discussed in the literature under the heading of ‘damage’ instead of ‘sufficient connection in law† (for example, the Understanding Business Law text at page 718). There is little practical difference between the two terms for our purposes, and the essentials as listed above will be used in our discussions. The Law of Negligence has evolved dramatically during the twentieth century. Donoghue v. Stevenson [1932] AC 562 was a landmark case which laid down the test for duty of care and held that a manufacturer was liable to the ultimate consumer for any damage or injury arising from the consumption or use of goods which were faulty because of the manufacturer’s negligent act. A further watershed in negligence law in Australia came with Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, where the court held that those who give gratuitous advice could be held liable for any damage if the advice was negligent. * * DUTY OF CARE The Defendant must owe the Plaintiff a duty of care, which the Plaintiff must prove on the balance of probabilities. If no duty of care is owed, the Plaintiff’s claim must fail. The judge at the trial has the responsibility for deciding whether or not a duty of care exists as the issue is a question of law having regard to the facts of the case. The method used to test the existence of a duty of care will differ depending on whether the action involves negligent advice or a negligent act. The test for duty of care in negligent acts is now relatively complicated, although it evolved from the relatively straightforward test from Donoghue v. Stevenson [1932] AC 562 which was based on whether or not the injury was reasonably foreseeable, and the closeness or proximity of the plaintiff to the defendant. On the other hand, the test for duty of care in negligent advice developed from Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 and is based on whether or not the advice was for a serious matter which the adviser is expected to give his or her best advice and it was reasonable that the recipient act on the advice. * * Duty of Care for Negligent Acts * * Historical background: Doctrine of Reasonable Foreseeability and Proximity The historic test for establishing the existence of a duty of care in actions involving negligent acts was laid down by the House of Lords decision in Donoghue v. Stevenson [1932] AC 562. In that decision, the twin duty of care elements of ‘reasonable foreseeability’ and ‘proximity’ were stated in the ‘neighbour test’ by Lord Atkin: * * The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the  lawyer’s question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question. * * Hence, for Lord Atkin’s neighbour test, two issues needed to be satisfied: reasonable foreseeability and proximity. For reasonable foreseeability, the question was – would a reasonable person, in the position of the Defendant, have foreseen the likelihood of injury to the Plaintiff arising out of the Defendant’s behaviour? For proximity, the question can be posed thus – was the proximity (closeness) of the injured Plaintiff such that the Defendant ought to have had him/her in mind when doing the alleged negligent act? The test of reasonable foreseeability is an objective one: that is, what would a reasonable person have foreseen, rather than what the Defendant actually foresaw at the time. Further, it is not necessary that the exact nature of the loss or injury been foreseen, just the likelihood of injury of the same general character as that suffered. Both aspects do not require the Defendant to be actually aware of or know the Plaintiff as an individual – it is sufficient that the plaintiff belong to a class of persons of whom the Defendant ought to have been aware when doing the alleged negligent act. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 695/696 ————————————————- Donoghue v. Stevenson [1932] AC 562 * * Contemporary situation * From a number of decisions in the 1990s, the High Court moved decidedly away from a ‘one-best’ approach for duty of care for  negligent actions and opted for a ‘broad approach’. In particular, the High Court expressed dissatisfaction with ‘proximity’ – â€Å"proximity is no longer accepted as the defining test [authors’ italics] to establish whether there is a ‘duty of care’ in any particular case† (Pentony, Graw, Lennard and Parker, 2008, p. 698). As the Understanding Business Law text (at page 698) notes, the following pattern appears to best represent current High Court thinking in the establishment of a duty of care: * * 1. Determine whether or not a reasonably foreseeable risk of injury existed; without reasonable foreseeability, no duty of care can exist. In some cases (especially those involving direct physical harm from the negligent action), reasonable foreseeability may be adequate in establishing a duty of care by itself. * * 2. Determine whether or not the present case is analogous to cases in which a duty of care has already been established (or is in a category in which a duty of care has been held not to exist). For example, employers are under a general duty of care, which cannot be delegated to others, to provide a safe system of work for their employees. The driver of a motor vehicle owes a duty of care to pedestrians, other road users and adjacent property owners. Other relationships which may give rise to a duty of care include: professionals to clients, schools to students and manufacturers to consumers. * * 3. If the case does not fall into an established category, the Court may look at the important features of the case to establish whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care. In establishing this, the courts can consider the plaintiff’s vulnerability in the matter, along with their reliance on the wrongdoer, the wrongdoer’s assumption of responsibility (if any) and the wrongdoer’s level of control in their actions. * * 4. Determine whether or not ‘policy’ considerations exist which may work against the finding of a duty of care in such circumstances, especially where a defendant might otherwise be subjected to liability of an indeterminate extent; such considerations â€Å"allow the courts to weigh competing considerations of legal policy to determine whether, despite proof of foreseeability and neighbourhood, a duty should not be imposed† (Pentony, Graw, Lennard and Parker, 2003, p. 374). * * ————————————————- Specific reading from the Understanding Business Law (2008) text * ————————————————- Chapter 22, section 22.22 through 22.29 discusses the contemporary approach in detail. * * Once the facts of the case support the finding that the Defendant owed the Plaintiff a duty of care when doing the alleged negligent act, it does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: * (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4) Duty of Care for Negligent Advice There are clear differences between negligent words and negligent acts. According to Chief Justice Gibbs in Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, there are three key points of departure, summarized as follows. First, negligent words cannot cause loss by themselves – they cause loss only because persons act on them in reliance. Second, it is not uncommon for people in social or informal contexts to make statements less carefully than if they were giving advice in business or  professionally. Last, words may foreseeability receive such a coverage or circulation that the application of Donoghue v. Stevenson (i.e. neighbourhood) might lead to many claims for large amounts of damages. Accordingly, the High Court in Shaddock developed the following test involving the following three questions, all of which must be answered in the affirmative for a duty of care to exist: 1. Was the advice given on a serious matter? 2. Did the speaker realise, or ought he to have realised, that his advice would be acted upon? 2. Was it reasonable for the recipient to act on the advice? ————————————————- Case Summary reading – Understanding Business Law (2008) text, pages 729-730 ————————————————- Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 Once the facts of the case support the Shaddock tests, it can be concluded that the adviser owed the plaintiff a duty of care. However, such a finding does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials: (i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, Lecture 4). * BREACH OF STANDARD OF CARE Given that a duty of care is owed, then how much care has to be exercised? The defendant has to take reasonable care, that is, to act as a reasonable person would have in the circumstances. The ‘reasonable person’ is not a real person – merely a hypothetical benchmark or device used by the courts, and is deemed to have the following attributes: 1. Intelligence There is a presumption of average intelligence. If a defendant has above average intelligence, this person is not judged according to above average intelligence. On the other hand, if a person has below average intelligence, this person is judged according to the same standard – the standard for a person of average intelligence. 2. Knowledge and Skill There is a presumption of a certain level of knowledge and skill that can reasonably be expected of persons in the position, trade, qualifications or profession of the defendant. The defendant’s actual knowledge and skill are generally irrelevant, as the presumed amount depends on the qualifications the person possesses. For example, drivers must have the skill of a competent driver, and people in a trade, profession or business are measured by standards of knowledge and skill which one can reasonably expect in the trade, profession or business. These standards are set by objectively analysed community standards and not the prevailing standards of the particular profession which may have lagged behind perceived community standards. If a person holds out that they have special knowledge or skill not normally associated with the trade, business or profession, then that person will be judged on the basis that he does have these superior standards. However, if people who have additional expertise do not hold themselves out as having such additional expertise, then they will only be judged by the standards applicable to the trade, business or profession they are practising. There are some exceptions, including minors, who are judged against normal children of the same age. * * Guidelines as to Breach of Standard of Care The Courts have developed various guidelines which may be relevant and useful in determining a breach in the standard of care in the circumstances: * The Probability of Harm * The Seriousness of Possible Injury * The Costs and Opportunities of reducing or avoiding the risk * The Value of the Defendant’s Conduct * Conformity with Established Standards * * The Probability of Harm The guideline establishes that the greater the probability of harm, the greater the amount of care which has to be taken. That is, the greater the risk of some kind of harmful injury or loss occurring in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 709 ————————————————- Bolton v Stone [1951] AC 850 * * The Seriousness of Possible Injury The guideline establishes that the more serious the possible consequences of injury, the greater the degree of care which has to be shown. That is, the greater the likelihood that some serious injury will arise in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 708 ————————————————- Paris v Stepney Borough Council [1951] AC 367 * * The Cost and Opportunities of Reducing/Avoiding the Risk The guideline establishes that when cost and difficulty of avoiding risk is great and the actual risk is small, then there is less likelihood of a breach, and vice versa. That is, if the cost and difficulty of avoiding the risk is small and the actual risk is great, then there is a greater likelihood of a breach if remedial action is not taken. ————————————————- Case Summary reading – Understanding Business Law (2003) text, page 381 ————————————————- Latimer v AEC Ltd [1953] AC 643 (section 16.40) * ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 712 ————————————————- Haley v London Electricity Board [1965] AC 778 * * The Value of the Defendant’s Conduct The guideline establishes that the less the social or economic value of the defendant’s conduct the greater the likelihood of a breach in the standard of care and vice versa. This of course does not mean that providers of essential services can be careless. The guideline arguably imposes a public policy dimension on the standard of care issue. * Conformity with established standards Conformity with established standards in any trade or profession is important evidence that reasonable care exercised, and vice versa. ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 714 ————————————————- Derrick v Cheung (2001) 181 ALR 301 ————————————————- Case Summary reading – Understanding Business Law (2008) text, page 715 (section 22.46) Mercer v Commissioner for Road Transport and Tramways (NSW) (1937) 56 CLR 580 The standard of care is set by reference to objectively assessed community values. Indeed, just because a defendant follows common practice does not necessarily show that he is not negligent as a common practice may be shown by evidence to be itself negligent. * * ————————————————- Reading for this lecture from the Understanding Business Law text * ————————————————- Read Chapter 22, sections 22.1 through 22.47.; sections 22.67 through 22.74 * * * Self test exercises – Lecture 3 Multiple choice questions 1. Which of the following is true of torts? a) includes any civil wrong b) has an award of damages as the legal remedy c) does include breaches of contract d) all of the above e) both (b) and (c) above 2. Which of the following is not relevant in establishing Negligence? a) there was a contractual agreement between the plaintiff and the defendant b) the defendant failed to show the required standard of care c) the defendant owed the plaintiff a duty of care d) the defendant intended to harm the plaintiff e) both (a) and (d) above 3. The twin tests of reasonable foreseeability and proximity have historically been used to establish a) whether or not a breach in the required extent of care has arisen b) a duty of care for negligent actions c) that the damage suffered by the plaintiff was not too remote d) the defendant’s liability for damages in tort generally e) none of the above 4. Which of the following is relevant to the contemporary approach to establishing a Duty of Care for negligent conduct? a) determine whether or not a reasonably foreseeable risk of injury existed b) determine whether or not the case before the court is analogous to previous cases in which a duty of care has been found to exist c) determine whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care d) determine whether or not policy considerations exist which may work against the finding of a duty of care e) all of the above 5. In which of the following is Donoghue v Stevenson [1932] most associated in this unit? a) value of the defendant’s conduct b) remoteness of loss c) causation d) duty of care for negligent acts e) contributory negligence 6. Under the contemporary approach to establishing a Duty of Care, which of the following relationships would likely give rise to a duty of care? a) Alan, an employer and Bob, an employee of Alan b) Echo, a driver of a motor vehicle, and Foxtrot, another road user c) Alpha, a doctor, and Bravo, his patient d) Maker, a manufacturer, and User, a consumer of his products e) all of the above 7. Which of the following is a requirement for establishing duty of care in negligent advice from Shaddock v Parramatta City Council (1981)? a) the advice must be true and correct b) it was reasonable for the recipient to act on the advice b) the speaker realised or should have realised that the recipient would act on the advice c) the recipient paid for the advice e) both (b) and (c) 8. In relation to an action in Negligence, how much care must the defendant have shown in the circumstances to avoid breaching the required standard of care? a) the amount of care a reasonable person would have shown b) the amount of care the plaintiff would himself have shown c) the amount of care the defendant actually showed d) the amount of care an ordinary person standing nearby would have shown e) the amount of care a lawyer would have shown in the circumstances 9. In which of the following is Haley v London Electricity Board [1965] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 10. In which of the following is Paris v Stepney Borough Council [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 11. In which of the following is Derrick v Cheung (2001) most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards 12. In which of the following is Bolton v Stone [1951] most associated in this unit? a) probability of harm b) seriousness of possible injury c) costs and opportunities of avoiding the risk d) value of the defendant’s conduct e) conformity with established standards * * * * Short Answer Questions * * Question 1 In a negligence case, name and describe one (1) guideline which the court may use to determine whether the required standard of care has been met. Question 2 Briefly explain the significance of the decision in Donoghue v. Stevenson. Question 3 In the tort of negligent advice, how does the law determine whether the defendant owed the plaintiff a duty of care? Question 4 Who or what is a ‘reasonable person’? LAW1100D TUTORIAL 3 Question 1 The WA Parliament passes legislation and an industry body is concerned about the interpretation and application of a particular section which states: â€Å"no person shall sell or offer to sell an offensive weapon in a shop.† Unfortunately, there is no definition of the term ‘offensive weapon’ in the legislation. The industry body’s concern about the possible application of the Act to four of its members (a supermarket, a hobby shop, a coffee shop proprietor and an antiques shop owner) centres around four possible scenarios: (i) Would the section apply to a supermarket which gives away a free steak knife for every purchase of goods over $100? (ii) Would the section apply to a hobby shop which sells a plastic toy gun for $20 to a customer? (iii) Would the section apply to a coffee shop in which a customer drinking coffee at a table also sells a flick-knife for $15 to another customer? (iv) Would the section apply to an antique shop which sells a Napoleonic cavalry sword to a collector for $25,000? What is the likely interpretation of the statute for each of these scenarios? Use the rules of statutory interpretation to support your answer. Question 2 A section of an Act provides as follows: â€Å"Where a mortgagee sells land to recover the amount of a loan advanced on the security of the land and the sale of the land provides more than the balance of the mortgage, the balance after sale shall go to the person entitled to the property.† Mark mortgaged his land to ABC Bank in return for a loan of $200,000. Mark is unable to repay the loan, and the ABC Bank (which was given the power of sale by the mortgage document) sold the land to Fred for $250,000. Using the rules of statutory interpretation, which party gets the balance of $50,000 – is it ABC Bank, Mark or Fred? Question 3 â€Å"We are told that law is a set of rules that is ultimately enforced in the Courts. One source of law is statute law. To enforce a rule in a statute,  the meaning of it must be understood. To understand the meaning, the words of the rule must be interpreted. If we are to have confidence in the law, this interpretation must be consistent case after case.† Reflect on the above statement, and then describe the aids to interpretation provided by the Parliament and the common law statutory interpretation rules used by the Courts. In your answer, discuss whether or not you think these aids to interpretation and rules are sufficient to ensure the consistent interpretation of statutes.

Case project analysis Assignment Example | Topics and Well Written Essays - 2500 words - 1

Case project analysis - Assignment Example There were used two different project delivery methods: design -build system for Springfield Interchange Improvement Project (SIIP) and design-bid-build system for the Guri Dam Project. For both projects there were used scope statements as tools of project planning process. However, the extent of the project scope statements varied substantially and depended on the number of details and relevant elements related to the project. Implementation stage of both projects was controlled and monitored. However, in contrast to SIIP project, the Guri Dam project was closely monitored by the Edelca Company. For the Guri Dam project there were introduced severe economical penalties for breach of the project/contract terms. Based on the review and analysis of the project management practices, applied in the SIIP and the Guri Dam projects, it is possible to state that the Guri Dam Project performed better than the SIIP project across all four practices: project selection, project delivery system, project planning, and project control. Springfield Interchange Improvement Project is a case study of one of the transportation megaprojects. It is a project of the interchange reconstruction, situated in fifteen miles south of Washington, D.C. on the intersection of the Capital Beltway and Highways 1-95 and 1-395. The project was mainly initiated because of the safety risks and danger imposed to all road users, especially motorists (Kwak et al., 2002). Reconstruction of this Interchange had vital importance to a variety of stakeholders, including: local entrepreneurs and businessmen, commercial carriers, and local residents. The Virginia Department of Transportation (VDOT) began project management work on this project. The project has been divided into 8 key stages. While the general scope of the project was defined in a right way, there were some obvious problems with cost estimate calculation of the project. Thus, for example, the cost estimate was $US 220

Wednesday, August 28, 2019

Total quality management Essay Example | Topics and Well Written Essays - 250 words

Total quality management - Essay Example The meaning of quality differs depending on the circumstances and perceptions held by a consumer. Its meaning is also largely time based and equally situational. For example, quality becomes a different concept when focus is on tangible products versus the perception of a quality service. Scholars have thus given a general definition which postulates that it is a fitness for intended use. This definition says that quality is being able to meet and exceed the expectations of the customer. Deming argues that the customer’s definition of quality is the one that genuinely matters. It is thus evident that having a clear definition is not easy. The concept of zero defects is advocated by Philip Crosby. The primary objective of total quality management is to bring the number of faults or defects to zero (Nigam 113). However, Juran and Deming disagree with Crosby’s assertion that organizations should work towards having zero defects in services and products. This is on the grounds that customers have different tastes and preferences which are difficult to satisfy. Humans are not perfect and having  zero defects is not perfection. It is concerned with a commitment by employees and understanding that processes should continually be enhanced and defective systems should be reworked and reorganized from the top down.   In conclusion, quality encompasses a broad aspect that makes it difficult to settle on one definition. Meeting and continually exceeding market demands constitutes quality. Having zero defects is in itself not realizing perfection as market demands are dynamic. Quality Guru Deming postulates that catchphrases like "Zero Defects" are in fact, counterproductive and may possibly de-emphasize the customs and tools linked with continuous

Tuesday, August 27, 2019

International Trade Debate Part II Essay Example | Topics and Well Written Essays - 500 words

International Trade Debate Part II - Essay Example 1. While lower-end production jobs have been lost to 3rd world countries, increased use of automation and component-based manufacturing have resulted in an increase of high-paying manufacturing jobs in the US. 4. This increases the employability of Americans, opening up opportunities not just within the US, but overseas too. More Native Americans have migrated out of US in the past 20 years than ever before in history. 1. What is called as outsourcing and off shoring is nothing but one way of implementing balance of trade. The US has more bargaining ability than any other country in the global economy, and any loss of jobs to outside of US would have been offset by a host of other commercial and economic benefits, which are not always visible. 2. Migrants bring high-end skills and specialization to the American economy thereby helping it to maintain its sovereign status. A typical example is the Information Technology industry which employs thousands of migrants, but the largest consumer of which is American industry, which has moved up the value chain, through more automation. 4. Stronger 3rd world economies directly results in lesser migration of low-skilled workers from other countries, and hence less crime, lower unemployment rates and less Government spending on social security. In the long run, Globalization and International Trade benefits all

Monday, August 26, 2019

Daves Success With the Wendys Restaurant Case Study - 2

Daves Success With the Wendys Restaurant - Case Study Example Dave afterward opened his own restaurant and called it Wendy’s restaurant and started selling the food that he loves-fresh hamburgers, inspite of being advised that the market was saturated. This is a true spirit of an entrepreneur; an individual who sees an opportunity where there is none and creates something completely new and different from what everyone is offering. In addition, Dave Thomas comes up with fresh ideas and starts a strategy that is different from other businesses by providing fresh and quality food. Earlier on, he had worked at KFC selling fried chicken, but then he saw an opportunity in the market for selling fresh hamburgers. This is also something that he loved and entrepreneurs usually should start something that they love. All Dave’s ideas are successful which proves that he has the makings of a great entrepreneur.  Dave’s success with the first Wendy’s restaurant came from the fact that he offered something completely new, appeal ing and different from what others were doing –Dave offered quality and freshness and allowed customers to make orders for what they wanted. Dave was able to differentiate his product offering by selling made-to-order hamburgers, chili, French fries, (real) milkshakes and soft drinks. For an entrepreneur to succeed in any business s/he must cut a market niche for himself/herself and offer customers unique and quality products/services not available anywhere else. This unique competitive advantage became a game changer in the industry and by the sixth week, Dave had broken even. Dave simply implies that for a business to be successful it has to satisfy the needs of its customers by offering what the customer wants; in other words, providing value as well as satisfying the customer. He also implies that the business owner should aim at achieving his key objectives/reasons for starting the business.  

Sunday, August 25, 2019

The Warsaw Pact and International Relations Research Paper

The Warsaw Pact and International Relations - Research Paper Example With time the concept of International relations became too wide and had to be studied on a broad point of view. In fact, in the latter centuries, the field had to include the presence of diplomats to intervene in cases that were of importance between the countries or related parties. In the case of this essay, International relations will be highlighted in the context of examining the Warsaw Pact, in an endeavor to look at the reasons behind the formation of the same and the implications on global issues. The Warsaw Pact can only be understood on an international relations point of view, by assessing the states and organizations that were implicated by this agreement and the results that emanated from signing the agreement by the involved parties. The essay shall also aim at assessing the strengths and weaknesses of the agreement on an International relations point of view and if its existence was of importance or was just a formality among the involved stakeholders. The Warsaw Pact dates back to May 1955, with its founding members having the idea, that it would be beneficial if they founded a counteractive move on the North Atlantic Alliance. The major proponents of the organization include the USSR, Bulgaria, Poland, Romania, Czechoslovakia, Hungary and Albania. These members had the idea that, for stability to be achieved in Europe, it would be of great importance to come up with an organization that would match the activities and powers of North Atlantic Alliance that was to be the Warsaw Pact Organization. ... he idea that, for stability to be achieved in Europe, it would be of great importance to come up with an organization that would match the activities and powers of North Atlantic Alliance that was to be the Warsaw Pact Organization. However, on another angle, analysts argue that the formation of the Warsaw Pact Organization was of no match to NATO. The major drawbacks that Warsaw Pact faced have a great relationship with breaching the stipulations of the organization’s rules. In relation to this work, nevertheless it is vital to make plain of the fact that, in times of disparities in Europe, the Warsaw Pact played a major role in breaking the barriers that saw NATO almost enjoy total dominance in Europe. In fact, other analysts regard to the Warsaw pact as a form of a stabilizer that came in at the right time in the global arena. On another angle, it was in February, 1991 that the members of the Warsaw Pact decided to come together to come up with a permanent solution in regar d to the issue on Cold War. However, as Windsor (pp.105) indicates, USSR had worked towards anticipation of a withdrawing from the Warsaw Pact. With this held at Budapest, it is evident that there were numerous attempts by the concerned stakeholders to come up with a final decision regarding the dominion of USSR in Europe. This relates to the concept of International relations that related to the aspect of the need to come up with a long lasting solution that would allow the states have peaceful coexistence in the continent. Without the incorporation of meetings by the concerned parties, it is almost impossible for persons to coexist in the society. This explains the reasons behind then setting up of the Warsaw Pact. On another angle, the Warsaw Pact can be indicated to be one of the measures

Saturday, August 24, 2019

MSc International Development Studies Personal Statement

MSc International Development Studies - Personal Statement Example Earning a MS degree from one of the top ranked universities of the world would give me a competitive edge in my professional career. I have decided to apply in name of university because this educational institute has an experienced faculty not only in the department of International Development Studies department but also in all other fields of study. Studying under the guidance of such teachers will allow me to gain invaluable information about my intended major and grow intellectually in an appropriate manner. I want to become a successful economic development manager or a foreign correspondent, which would be possible if I get a higher degree in the field of International Development Studies. I want to be skilled in managing social organizations and people. I possess almost all qualities of a successful social organization’s manager, such as, openness, integrity, boldness, honesty, attentiveness, creativity, intelligence, care for others, visionary outlook, and effective leadership and communication skills. Some of my core strengths and abilities include: As far as my short-term and long-term goals are concerned, I have planned them according to my personal and professional interests. For example, my short-term goal is to earn a MS degree in International Development Studies from some reputable institute of the world to expand my knowledge and concepts. My long-term goal is to work for some high profile social or economic organization at an executive position. I have the experience of working as a project leader during my internships at a NGO in Mexico and at Center for Migration and Refugees Studies in Egypt. In addition, I have also participated in Erasmus Mundus Exchange Programme of the Lebanese American University and have done a Diploma in International Cooperation and Development from Italian

Friday, August 23, 2019

The Evolution of Six Sigma Research Paper Example | Topics and Well Written Essays - 1250 words

The Evolution of Six Sigma - Research Paper Example However, it means a quality measure that attempts for perfection by eliminating defects in any process (Terry, 2010). As different organizations interpret Six Sigma differently, its definition varies from organization to organization. These variations do not harm the main crux of the approach. At Motorola, Six Sigma is a â€Å"Metric, Methodology and a Management System while according to Six Sigma, it can be defined as three levels of â€Å"Metric, Methodology and Philosophy† (Terry, 2010). The main objective of this approach is â€Å"variation reduction and process improvement through the implementation of measurement-based strategy| (Montgomery & Woodall, 2008) by using Six Sigma improvement projects. Six Sigma’s statistical representation describes the performance of a process quantitatively. For a process to achieve Six Sigma, it should not have more than â€Å"3.4 defects per million opportunities; it has two sub methodologies namely DMAIC and DMADV that helps in achieving its objective† (Montgomery & Woodall, 2008). Six Sigma is an old concept that occupies an essential part in the history of management. The concept since its introduction has developed and improved over the years. This methodology’s evolution is an integral part of what it is today. Its evolution consists of different stages based on the phases of time and developments made in it. To understand the complete evolution process of Six Sigma, it is important to understand each stage. The different stages of evolution are: In the early 1970s, numerous US companies faced extensive loss of business and markets. These losses resulted in motivation for the use of statistical methods to improve quality and business procedure in general. The adoption and use of statistical methods helped US industries to regain their competitiveness in regards of quality. This all resulted in the emergence of numerous management systems

Thursday, August 22, 2019

Description and useful information about character Essay Example for Free

Description and useful information about character Essay 1. White whiskers make Kris Kringle look like he is seventy five, but when he laughs or walks he seems to be not a day over fifty. His eyes are quick and happy, and he has a matching smile. He looks precisely like Santa Clause, and he believes he is the one. Mr. Kringle dwells in Maplewood Home for the Aged. He spends most of the time smoking his pipe or whittling the toys he has in his room. He has an uncanny way with animals. 2. Dr. Pierce is devoted to Mr. Kringle, and wants to protect him. 3. Jim likes Mr. Kringle, he is wondered at his uncanny way with animals. He has been working in the Zoo for many years already. 4. Mrs. Doris Walker is businesslike women, handsome and well-dressed. She is divorced, does not want any engagements, disappointed in close relationships. Has a daughter. 5. Mr. Shellhammer is spectacled, very much haired and bold gentleman 6. Fred Gayley is a young and attractive lawyer in one of the oldest city’s firms. Fred is filled with childlike wonder and excitement. 7. Susan is a rather serious child of six. Susan is intelligent, maybe too much so for a child of her age, but with â€Å"no gaiety about her†. Fun is a stranger to this girl. III. Summary of chapters Dr Pierce, working in Maplewood Home for the Aged tells Kris Kringle, the dweller of this facility, that he has to move to Mount Home Sanatorium. Mapplewood’s charter considers Kris to be not little out of his mind, as he claims he is Santa Claus. Kris promises Dr Pierce to give him an X-ray machine, and doctor says he will believe Kris is a real Santa, if he gets one. Mr. Kringle takes his belongings and asks his friend, Jim the zookeeper to host him. While he walks in Central Park Kris sees a Christmas Parade, and a drunken Santa. Mrs. Walker, who is responsible for the personnel of the parade, asks Mr. Kringle to substitute Santa, and he agrees. When Doris Walker comes home she sees that her daughter Susan is watching the parade with their neighbor Fred, a young lawyer. She describes her problems with Santa Claus to them. Fred takes her away and tells she should not talk about Santa like that for not to disappoint Susan. Doris says girls should not have illusions, and should not wait for Prince Charming. Fred asks her to consider he may be the sort of person she needs. Doris answers that she has burnt her fingers once. V. Most Important Events of the chapters Kris Kringle leaves Mapplewood Home for the Aged. He becomes a Santa on the Christmas Parade. Doris Walker tells about her problems with Santa Clause to her daughter. Fred tries to persuade Doris he might be the man she needs, but Doris does not believe him

Wednesday, August 21, 2019

Marketing Strategy Essay Example for Free

Marketing Strategy Essay Discuss the type of product the company will offer and identify its primary characteristics The type of product the company will offer is a bracelet called Life Alert band. The characteristics of this device are size and the ease of use along with a lifetime guarantee. The Life Alert band is light and portable that no one will even know it’s on his or her wrist. It’s the size of a thick rubber band and comes in different wrist sizes. It has one easy to access button with an emergency icon that only needs to be pushed once to alert the Life Alert call center in the event of an emergency. The bracelet has several hidden sensors that monitor a person’s pulse and blood sugar and wirelessly sends this information to the Life Alert monitoring centers. If a change is detected in any of the monitors the bracelets sends a signal to the centers for immediate action. The Life Alert medical counselors immediately call the patient to see if they are ok. If no response is received they dispatch emergency responders right away. The bracelets uses flash memory to keep the device slim and flexible. It has a flexible band that can bend slightly. The material of the bracelet is a made of hard rubber that protects the electronics and its sensors. The bracelet requires a one-time setup much like a cell phone has to be programmed by Life Alert in order to ensure communication is occurring with their monitoring centers. The device has wifi built in for local communication. Users who have a wireless network can browse directly to the bracelet using a web browser. This gives them access to all the information the bracelet is recording. Discuss the product branding strategy Entrepreneur magazine states that a branding strategy is how, what, where, when and to whom you plan on communicating and delivering on your brand messages. Where you advertise is part of your brand strategy (Enterpreneur, 2011). In this case a brand is name that consumers associate with a device or service. Life Alert has many devices, all which bare its name on it. For example wireless companies such ATT sell cell phones from different manufactures but all of them have the name ATT on them and their logo. This goes for any large company that sells multiple products even if the products are manufactured by another company. Another good example is Apple. Apple has mp3 players, desktops, laptops, and other computer peripherals, all have the Apple logo on them. Therefore, the branding approach for the Life Alert bracelet will be the umbrella branding approach. The umbrella approach will help Life Alert in promoting their popular name even further. In a survey taken by ACNielsen International Research, 87% of Life Alert members said that Life Alert’s protection is a main or important factor in their decision to keep living at home rather than going to a retirement institution (lifealert911, 2011). Life Alert members on an average spend 6 more years living alone because of their services. The bracelet will not only enhance their product line but attract more customers. The introduction of this bracelet will increase their customer base and maybe appeal to those who have a serious illness. The bracelet will become the main entity of the product line with Life Alert’s name and logo. Discuss how the product fits within a product line and the depth and breadth of the line. Life Alert’s bracelet is a unique product that has carved a niche in the medical devices industry. It fits into health care products that offer emergency services for monitoring and addressing health related issues. It addresses a void in the industry and aims to support independence in aged adults by providing state of the art monitoring and emergency services. The distinctive aspect of the Life Alert bracelet is that it is both broadens and intensifies in scope in terms of its breadth and depth. It fits well into the product line Life Alert offers. It’s an extension of the current product offerings. Some of the functionality the bracelet offers cross’s over to other product categories. For example the bracelet now becomes competitive with blood glucose meters. Regardless, the bracelet extends the depth and breadth of the company. Explain how the product and target market strategies fit with the organizational strategy. The organizational strategy is based around a few key factors. The company’s business domain is clearly defined and is focused towards Mature 50+ adults who wish to live an independent lifestyle. The factors that are considered are mainly geographical location, age, retirement lifestyle and medical needs. The strategy is effective as it concentrates on a few key product and ervices. Life alert employs niche marketing to devise a product strategy aimed at that targets mature 50+ adults residing mostly in Florida, which is a popular retirement destination, who are currently living a retired lifestyle and desire a degree of independence and who may or may not have specific medical needs. The Life Alert bracelet fits into the organizational strategy for Life Alert. Introducing the bracelet will solidify the stance in the market. The organizational strategy for Life Alert is to be most innovative company in assisting the elderly. Life Alert can take advantage of its existing organizational strategy to support and market the bracelet. The company can further expand its diversified portfolio of services by using its existing infrastructure and the multifaceted use of its core resources. By including and expanding on existing product offerings the company can reduce cost and maximize return on resources. Life alert bracelet can utilize the infrastructure for Life Alert Necklace, security, monitoring and emergency response services with minor additions. All of these services employ the same core organizational set up, which is the monitoring center, which maximizes service offering with minimal investment. The marketing strategy includes Ads in local newspapers or niche publications, Opt-in web sites that make use of keywords to connect with potential customers, direct mail campaigns, as well publicity through Television developed for mature audiences. The bracelet can be incorporated under these existing marketing tools since it’s directed towards the same target audience. The ease of competitors’ entry into Life Alert’s market segment is minimal as the company employs a profitable business model where users pay an initial set-up charge for the systems and the company generates revenues each month through subscription-based monitoring costs. The company also distributes medical alert system to more than 300 resellers and is one of the largest wholesale medical alarm distributors in the nation, with over 200,000 medical alert devices in service. The bracelet can be an adjunct to the existing portfolio and use the same monitoring system and distribution strategies in use. The business strategy also supports innovation and product development and at present only a couple companies offer a medical alarm with two-way voice. With an additional service such as the bracelet the company will be a step ahead of its competitors and can utilize its RD budget to support the new product. The company’s ability to customize services and marketing different price points for packages will allow customers to use the bracelet with other Life Alert products and services. The new product aligns well with the company’s organizational strategy and the same marketing strategy can be applied towards the Life Alert bracelet.

The Curriculum of Montessori

The Curriculum of Montessori As educators our role is to teach children through curriculum. Through the years many different types of curriculum have been created. Curriculum is defined as the learning programs, activities, school subjects, materials, plans, and topics of study (Arce). The Montessori Method was established over 100 yrs. ago and is still used in some form in todays class rooms. It is commonly associated with its popular child-size furniture in the classroom, but there is much more to Montessori Method as I will discuss detail later. The Montessori Method was created in Rome, Italy by Dr. Montessori in 1907. During this time period in the early 1900s the common age of children to start attending school was 6 yrs old. This age was determined based on the childs ability to walk and understand, or therefore deemed intelligent enough to go to school (Montessori, The Periods of Growth) . However, in the 1930s physiologists recognized that children become receptive to adult influences between the ages of 3-6 (Montessori, The Periods of Growth) . Just as it is known today children have a sensitive period for development and during this time it is more beneficial (Montessori, Education For Life) . The Montessori Method changed the focus then from how to teach children to meet the needs of the world, and focus on the child from their birth (Montessori, Education For Life). Under the Montessori Method the teachers task which was to the first thing to be done, therefore is to discover the true nature of a child and then assist him in his normal development (Arce). This is achieved through the different areas of learning; Practical Rife3 Life, Sensorial, Mathematics, Language and Literacy, Cultural Subjects, and Creative Subjects (ICME ). In most Montessori Schools the children are in vertical age groups 2 Â ½ years to 6 years, 6 to 9 years, 12 to 15 years, and 15 to 18 years (ICME ). The exercises of practical life teach the children the importance of maintaining a clean environment, cooking and the practical skills of buttoning, sewing, and lacing (ICME ). Next is the Sensorial, the education of the senses. This is considered to be one of more import lessons and is focused on children with special needs as well as typical children. The materials used are didactic materials and give special needs children opportunities to learn through the senses and it provokes auto-education in typical children (Montessori, Education of the Senses ). Exercises within this method include children learning to recognize the differences in dimensions by assorting various shapes and sizes of blocks (Montessori, Education of the Senses ). When a child selects the wrong size they are forced to correct it themselves. Once the child has accomplished this exercise with this specific material they then have outgrown it (Montessori, Education of the Senses ). The third area is Mathematics. The materials children use in mathematics are similar materials to that of which are used in sorting. In mathematics the materials are color coded rods, pegs and virtually anything that can be sorted or counted (Montessori, Teaching of Numeration; Introduction to Arithmetic ). The fourth area is language and literacy. In the Montessori curriculum the writing is focused on learning to draw lines and shapes that eventually lead to the children writing Rife4 (Montessori, Methods for the Teaching of Reading and Writing ) . Another exercise to teach writing skills involves the children tracing the letters through materials. One lesson I found fascinating was created for children to correct themselves by using sandpaper on the outside of the letter (Montessori, Description of the Method and Didactic Material Used ). In teaching children literacy they start with vowels and then constanants to teach letter recognition. The focus is on the sounds they make and pictures of object similar to the phonics system today (Montessori, Methods for the Teaching of Reading and Writing ). The fifth area is Cultural subjects. If you notice most Montessori schools are in environments with nature surroundings. Children are able to connect with nature by taking an active role in its care. The last area is Creative subjects which include arts and craft, drama, music and movement. In art children are encouraged to draw anything that pops into their minds. Looking at other creative materials, children are given the freedom to explore with clay and coloring materials. Music was another way for a child to express themselves. With the Montessori Method the children create their own instruments as well as music (Montessori, Education of the Senses ). In order for the Montessori Method to be effective in a classroom that encourages self-teaching and the freedom to move around the class and centers freely discipline is required. Self-discipline is taught to children through exercise, these exercises teach children instead of verbally commanding them to be quiet and still. Children learn these different actions by Rife5 sitting and getting up quietly, tip toeing and the use of objects quietly, and other exercises (Montessori, General Review of Discipline ). Montessori curriculum has advantages and disadvantage in comparisons to traditional classrooms. In a Montessori classrooms children are allowed and encouraged to experiment uninterrupted in centers for up to 3 hours opposed to a traditional classroom where the child sits at their seat a majority of the day and the teacher facilitates the lesson or they are only allowed an allotted time in centers. The teachers are to mainly observe the children and let them teach themselves and not force the child to learn. However, the disadvantages of Montessori curriculum are they dont follow traditional grade scales, but conduct evaluations throughout the school year (ICME ) . Lastly, the name Montessori isnt legally protected, so schools and the training they provide can vary and may not reflect Montessori Methods (International Montessori Index) . Regardless of the curriculum teachers choose it is still necessary for them adjust the curriculum to the needs of their students. Rife6

Tuesday, August 20, 2019

Loss Of A Friend :: essays research papers

Loss of a Friend   Ã‚  Ã‚  Ã‚  Ã‚  Today in society many people rely on computers as much as they rely on their lungs to keep breathing. If Y2K had occurred, modern life would have collapsed into a world of chaos. People would not know what to do with themselves or their families. Three main problems supercede the rest in the amount of chaos they would bring to life; people’s life savings would no longer be accounted for, the government would not be able to monitor the activity of other countries activities, and people would line the streets looting for all they can hold.   Ã‚  Ã‚  Ã‚  Ã‚  The first problem is that people who had worked so hard to save money for their children would have lost all of the money they had saved. The banks keep al of their records on computers and there would be nothing anyone could do to save their money. The people would storm the banks trying to get their money back. People need to have the security of that much money to fall back on in case something happened but when something finally did happen it would not only take away their security but the money they had invested. Americans invest money in hopes to get rich or to have so money put aside for retirement but with no computers they can’t prove that they had stocks in the first place. People would start to get angry and then violent.   Ã‚  Ã‚  Ã‚  Ã‚  The second problem facing this now primitive society is that the government would have no way of knowing if a strike from an adversary was eminent. Any group of people that wished to send a few nuclear warheads wrapped in pretty red bows over to the white house would have no problems doing so. All of our military intelligence would be lost and global chaos would soon follow. People’s insecurity would soon overtake them and they would feel the way Freud explains when he speaks of the â€Å"id† that lives inside of every human being. These wild feelings lead to the third social problem that would develop.   Ã‚  Ã‚  Ã‚  Ã‚  The third problem that would occur almost immediately after the computers shut down is looting. After every major event where the immediate outcome was negative looting soon followed. People realize that all of the things that they never had that they always wanted is at their fingertips. All they have to do is walk down to the nearest store, throw something heavy through the window and suddenly everything is free.

Monday, August 19, 2019

Video Game Violence Essay -- Social Issues

It seems like everything coming out about video games is bad. A student tried to kill his fellow classmates, and he was an avid Call of Duty player. A study has been released that proves that playing video games will turn you into a criminal. The many benefits of games and gaming, such as their possible applications to education and their ability to tell more complex stories than other forms of media, are almost universally ignored. I know better, though. Between the lifetime I’ve spent playing and loving video games, and the articles I’ve found, I can tell you that video games do not cause violent behavior or thoughts. First of all, to assess the opposite claim: video games, especially popular ones, tend to be violent, using fighting as a tool to provide a player with challenges. This typically involves shooting opponents to death, though many games set in different times allow the player to use swords, bows, and a variety of different medieval weapons. Such violent games are also often portrayed in the first person, in order to increase the immersion of the game world. With all this in mind, it’s argued, there certainly must be some sort of effect on the people playing these games. Being exposed to violence in such a personal and increasingly realistic manner has to make people more violent and aggressive.(Bickham) The only problem is that’s not the case. Studies have tested this theory extensively, and overall, the verdict is that we’re not sure. Studies have been released that both defended and refuted the â€Å"video games cause violence† argument. However, it’s interesting to note some things regarding the studies. One, the metric used to gauge the aggression of the participants is unreliable at best; a person punching a Boz... ...whole, including engaging and interesting stories and opportunities to better educate students. Works Cited Bickham, David S. "Testimony before Senate Judiciary Committee Subcommittee on the Constitution, Civil Rights, and Property Rights." (2006). Opposing Viewpoints Resource Center. Web. 7 Mar. 2006. Ferguson, Christopher J. "Video Games: The Latest Scapegoat for Violence." Chronicle of Higher Education 53 (2007). Opposing Viewpoints Resource Center. Web. 7 Mar. 2012. Kushner, David. "Off Target." Electronic Gaming Monthly Aug. 2007: 12-16. Opposing Viewpoints Resource Center. Web. 7 Mar. 2012. Portnow, James, Daniel Floyd, and Allison Theus. "Extra Credits." - PATV. Penny Arcade, Inc. Web. 15 Mar. 2012. Wilson, Lee. "Getting It Wrong: Slaying Myths about Video Games." Technology and Learning 15 Sept. 2007. Opposing Viewpoints. Web. 7 Mar. 2012.

Sunday, August 18, 2019

Gettysburg :: essays research papers

There is a lot to say about the Battle of Gettysburg. Many people wonder why this battle out of all others during the war was so great. Many questions were asked. Such as, what did they do for supplies? How did they live? What was the typical military strategy? I will also answer many other questions to in this essay. It’s really hard to believe the things I saw during the movie. It just makes wonder how stupid the government was to even think about starting a Civil War. Millions and millions of men died in this war. For what? Honor? I certainly think they did not die honorably, but just went out there and got slaughtered. Although many people say that the Union and Confederate armies fought because of the importance of Gettysburg; the thing is that it was just a small town back then. Gettysburg was chosen because it was â€Å"good ground†. The Confederate army was passing through to go further north and invade the Union territory. The Union army was having the same idea about the south. Good ground was high terrain surrounded by trees. The role geography played in the war was that the army who was placed on the good ground would have a better position on the opposing forces. The officers and soldiers had different lifestyles during the war. The generals would be in cabins or log houses with plenty of supplies. The rest of the army had lived in tents with supplies, but not as much as the generals. So basically the higher your rank, the better you r living conditions were. Although living conditions were different, the strategy was similar. Many times the Union army had to play defensively. The development of trench warfare began. If supplies or ammo got too low, sometimes they would charge and attack the Southerners, like Colonel Chamberlain did when he was defending the line. The Confederate army under the command of General Lee would march all the way to the gate and try to capture it. When in combat, both sides had the same kind of artillery. Soldiers used muskets and small handguns and generals on the other hand would ride on horseback with a sword and pistol. Another type of weaponry that was used were cannons. Even though cannons were much more powerful, muskets were easier due to the fact that they were portable and fired rounds quicker.

Saturday, August 17, 2019

Social Marketing For Health Health And Social Care Essay

Fleshiness is common among grownups and kids and its prevalence is lifting twenty-four hours to twenty-four hours the hazard of fleshiness has increased twice since 1980 ( WHO, 2011 ) . Harmonizing to World Health Organisation, Obesity and overweight are the 5th chief cause for deceases globally. Harmonizing to a study one of the major causes of increased fleshiness in the kids is decreased physical activity, for illustration there is a alteration in the life manner of the kids every bit good as grownups due to increase in the ( John J Reilly, Ahmad R Dorosty ) . Fleshiness is considered as the most noticeable factor turn toing the length of service of the people all over the universe ( Stephen Holt ) . Harmonizing to the statics from NHS information Centre for wellness and societal attention ( 2011 ) about a one-fourth of grownups aged 16 or above were considered as corpulent in the twelvemonth 2009, that is 24 % of adult females and 22 % of work forces are classified as corpulent.What is fleshiness?European research workers classified fleshy as at or above 85th percentile and fleshiness every bit at or above 95th percentile of BMI ( Dehghan, Danesh and Merchant, 2005 ) ( paraphrasis ) Fleshiness is a status where the cholesterin bed accumulates in the organic structure and adipose tissue of the tegument to a point where it becomes a wellness hazard. The human organic structure can afford to roll up a small excess fat but when the fat accretion exceeds the minimal extent, it interferes with the general wellness issues and becomes a cause of great concern.How do I happen out whether I am corpulent?The easiest and most efficient manner to happen out if you are corpulent is to look into your organic structure mass index. The organic structure Mass Index ( BMI ) is calculated by spliting a individual ‘s organic structure weight by his/her tallness. The statistical benchmarks set by World Health Organization ( WHO ) define a BMI of 25 or more as ‘overweight ‘ 25, and a individual with a BMI of 30 or more is labeled as ‘obese ‘ . However it is observed that chronic wellness hazards increase from a BMI value of 21 onward.Badness of the job:In the United Kingdom, fleshiness in kids increased from 9.9 % in 1995 to 13.7 % in 2003.3 Childhood fleshiness is a world-wide issue, approximately 10 % of school age kids all over the universe are estimated to be corpulent or fleshy ( Janet James, 2007 ) .Factors doing the job:The present life manner is wholly filled with mental emphasis and people are busy with their modus operandi activities which is impacting the their life manner without holding clip to pass for healthy activities like some exercising and holding a healthy diet. These factors may take to fast nutrient civilization and sedentary life manner which is considered as one of the major factor in fleshiness. The accustomed activities like passing more clip in indoor games like picture games and watching the telecasting for drawn-out periods which affects the physical activity taking to a sedentary life manner may increase the opportunity of going corpulent ( Dehghan, Danesh and Merchant, 2005 ) . The instability between the Calories consumed and the sum of energy spent is an of import factor that causes the fat to roll up in the organic structure doing fleshiness ( WHO, 2011 ) . The nutrient behaviors are considered as another of import factor for fleshiness. Devouring the high fat content nutrient like fast nutrients and taking surplus of nutrient as a wont. The personal behaviors like extra consumption of intoxicant and smoke wonts are besides considered as the causes of fleshiness ( Evans et al, 2010 ) .What are the inauspicious effects associated with fleshiness:Fleshiness may do multiple jobs including physical, physiological and psychological jobs. In add-on to being a cause of physical hurt for the individual, fleshiness paves manner for assorted chronic diseases every bit good. The assorted medical jobs that can be initiated or aggravated by fleshiness include diabetes, malignant neoplastic disease, high blood force per unit area, unnatural blood fats, degenerative arthritis, sleep apnoea, fatty liver diseases, saddle sore vesica diseases, birthrate and gestation jobs, in add-on to the physical uncomfortableness and psychological emphasis ( WHO, 2011 ) . VanItallie,Peoples acquiring affected by the job: high hazard personsThe kids who do non take part more in out-of-door activities like playing out-of-door games and activities like cycling etc. The people with hapless economical position are besides affected more with fleshiness jobs and the illiterate people who have hapless consciousness on the healthy diet and healthy life styles.Why to concentrate on a peculiar groupThe England is the first in fleshiness in Europe. The adolescents are focused because adolescent age is considered as the cardinal age to larn and develop behaviors. So if healthy behaviors are initiated in the teens the fleshiness and the jobs associated with it might be controlled in the hereafter.How it can be achievedBy developing a community that is cognizant of the jobs that are associated with fleshiness and encouraging teens for more physical activity may acquire alteration in the behavior of immature people. Schools play a critical function in forestalling the childhood fleshiness. It might be helpful if schools develop some intercessions to promote healthy diet and physical activity. Making consciousness among all the household members might be more effectual because there is some grounds that parents with fleshiness job are more likely to hold corpulent kids due to nutrient behaviors, life style and some familial factors ( John J Reilly, 2005 ) . The parents are educated by explicating the hazard factors associated with the fleshiness and they are besides advised to promote the activities like outdoor games which include physical work ( Davis, 2007 ) . By reding and regular showing of their weight. Orr ( 1998 ) states that educating about the measures and thermal values of nutrient by the parents and making a user friendly environment which encourages the physical activity give the satisfactory alteration. Orr ( 1998 ) besides suggests that the eating houses and the local shops might besides take portion by supplying the selective low fat and rich alimentary diet.What is societal marketing write it‘the application of commercial selling engineerings to the analysis, planning, executing, and rating of plans designed to act upon the voluntary behavior of mark audiences in order to better their personal public assistance and that of society ‘ ( Andreasen, 1995 ) .Selling schemes forIn 2009, the figure of prescription points dispensed for the intervention of fleshiness was 1.45 million ; this is more than eleven times the figure in 1999 ( . The selling schemes should be developed in a insouciant manner that focuses on the normal state of affairss in the society. These intercessions should develop by sing the ego efficaciousness of the persons and considerable societal support is provided to them. Making proper consciousness, supplying with the proper cognition on the issue and making the environment that encourages the coveted behavioral alteration may give satisfactory results than concentrating on the peculiar or individual intercession. The selling intercessions are made harmonizing to the kids psychological science, for illustration if the kids are passing their maximal clip in forepart of the screen so promoting them to see the programmes that educate about wellness and programmes that create involvement in out-of-door games may demo a positive alteration.( Social selling scheme for battling fleshiness )The societal selling scheme against fleshiness follows the bench grade standards which includesWhat is the result expected:The voluntary behavioral alteration is the of import result expected from the societal selling. Behavioral alterations like increased physical activity, taking healthy diet like fruits and veggiesExpected behavioral alteration or aim:The behavioral alteration is expected from the mark group that is the kids,Cleavage of audience:Anderson, ( 2005 ) suggests that it about impossible to advert each and every person in the society because the every attack does non suit for all persons. Grier and Bry ant ( 2005 ) claims that the mark end is non suited for all because it depends on the assorted factors like, personal behavior and experiences, single attitudes and demographic variables like age and ethnicity besides show impact on the people. So sectioning the audience is really of import for an effectual societal selling, the cleavage will assist in making the mark group. Segmentation besides helps in concentrating the people with high hazard and to concentrate on the peculiar group to act upon behavioral alterations. The kids between the age of two and 15s are selected the choice include both the genders and the kids from the hapless economical background are more targeted because there is a relationship between economic position and fleshiness ( Youfa wang, 2001 ) .Target audience:The immature adolescent age people are more targeted to alter behaviors like avoiding fast nutrient civilization ; smoke, imbibing and they are encouraged to take part in games to increase physical activity. The fleshiness programme should besides be focused on the people with low literacy because the literacy is itself holding the direct impact on the healthy behavior.Target country:The focal point country will be the in the geographical countries with high incidence of the job and the countries with least wellness behaviors. The people from hapless socio economic background and with low wellness attention services are more concentrated.Wayss to understand consumer barriers:The best manner in turn toing the barriers of the local people is working with the local suppliers as spouses ( siegel and doner, 2004 ) . Taking some research through qualitative methods like questioning the people and their household members to cognize the jobs faced by the people from peculiar country and peculiar group may give an penetration of the behavior of the local people ( Henley and raffin, 2010 ) . Effective communicating is planned by nearing local leaders and the individuals who are most favorable for the mark group because communicating plays a cardinal function in wellness publicity research ( Hastings and Haywood, 1991 ) , for illustration female parent is the individual who can pass on efficaciously with the kids and the other household members besides help to hold a insight expression of the kid and they can actuate the kid to alter the behavior.Target behavioral ends:The set of behavioral ends are planned by utilizing SMART program which includes Specific, Measurable, Attainable, Relevant and Time-bound ends to acquire the best result ( The major end is diminishing the extra weight by altering the current behavior by a set of behavioral alterations. The behavioral alterations include increased physical activity by bring oning self involvement, supervising the Calories and nutrient wonts and showing of the organic structure mass index often. The ends should be planned in an easy come-at-able mode so that the kid can achieve self efficaciousness on the alteration ( Davis et al, 2007 ) . Davis et Al ( 2007 ) besides suggests that parents should develop a uninterrupted communicating on the expected behavioral alterations and a clip end is arranged for all the set of activities or ends.Aim:To better the physical activity of the kids by promoting out-of-door activities like games, cycling etc, through household members and assorted school intercessions. To better the dietetic wonts like eating more fruits and veggies by discontinuing the nutrients with hih fat content or calorific value like fast nutrients.Schemes to implement the ends:Hanley and Raffin ( 2010 ) suggests that the kids below the age of 10 should be planned in a playful manner so that the they show involvement on the activities and the ends for the adolescents should be in a competitory manner with the other kids. A multi degree programme is designed to acquire the policy support, cognition interlingual rendition and the support of local groups is critical to supervise the systems ( WHO, 2010 ) . Schools play an of import function to actuate the kids to alter their behaviors, the fleshiness intercessions used in the schools should concentrate more on achieving healthy weight but non to diminish the weight to obtain a peculiar weight ( Pyle, 2006 ) The authorities policy support is of import to implement the ends in to the populace. Ad through media Public services Promotion Signs and shows Events Strategic confederations Others schemesExecution of the kid fleshiness bar:How to take it to public andMarketing mix refer ( grier and Bryant, 2005 )Marketing mix includes four P ‘s they are, Product, Price, Place and publicity ( Rayner, 2007 ) . Merchandise: in the present societal selling program the merchandise is the services provided to alter the current behavior. The merchandise is accommodating patterns of healthy nutrition and physical activity degrees fatty nutrients avoid and promote fruits n veggies into diet Engagement in minimal degrees of physical activity in twenty-four hours to twenty-four hours life. Monetary value: The monetary value of the present mark audience includes the clip disbursement for the. Price is cost spent by client so clip, physical attempt and money for following diet Topographic point: community degree, kids so at schools, institutional degreesPromotion:publicizing media:Action program: or ( rating )whyWho: The kids between the age of two and fifteen How: BY the analysis of present behaviors and by implementing the desired Where whenStrengths:Failing: Henley and reffin ( 2010 ) suggests that the The jobs within the administration include the deficiency of clip, deficiency of resources, working staff and deficiency of support from the direction or wellness attention workers. In add-on the Heakth belief theoretical account ( for fleshiness ) Penetration: why they are accommodating these behaviors ( like eating debris etc from ads and from friends household, sorroundings ) Exchange: what the audience has to ive up to acquire the benefits. Evaluation: The precedence was the on-going medical intervention and there was small clip left to be after, present and get down a new intervention method. The working status was affected by employment jobs, such as portion clip employment, alterations in assignments, deficit of staff, staff turnover, working entirely, no co-worker to work with and excessively many referrals from the doctors. Such organisational jobs had been ongoing for a long clip. There was no coaction between the Centres, and in many instances, Centres merged or closed down. Often the precedence and clip focused on other on-going undertakings, such as group intervention for, i.e. diabetes and tobacco users. There seemed to be a deficiency of support from the direction, doctors and co-workers. Childs are frequently considered the precedence population for intercession schemes because, foremost, weight loss in maturity is hard and there are a greater figure of possible intercessions for kids than for grownups. Schools are a natural scene for act uponing the nutrient and physical activity environments of kids. Other scenes such as preschool establishments and after-school attention services will hold similar chances for action. Second, it is hard to cut down inordinate weight in grownups once it becomes established. Therefore it would be more reasonable to originate bar and intervention of fleshiness during childhood. Prevention may be achieved through a assortment of intercessions aiming built environment, physical activity and diet. For illustration a countrywide run in physical activromoting healthy nutrition and physical activity among kids is developed in.Try to include determiners of wellnessMethods of communicating The undermentioned communications methods are deserving sing: direct mail ; local media ( free documents and wireless ) ; postings ; telemarketing ; and communal Centres.

Friday, August 16, 2019

Novel Nicholas Nickleby Essay

Mr Squeers is one of Charles Dickens’ very vivid characters and one that plays an important role in the novel Nicholas Nickleby. He is owner and headmaster of Dotheboys Hall which is set in Greta Bridge in Yorkshire. Dotheboys Hall is a boarding school for disabled and illegitimate children. It is an all-boys school and Mr Squeers runs the school with extreme cruelty together with his wife, who is equally cruel. The children are sent there because they are disabled in some way and their families did not want them. Mr Squeers has very cunning ways and his only aims are to benefit himself. His main aim is to make money and he does this very well by being sneaky and taking short-cuts in the keeping of his school. He tries to put as little money as possible to Dotheboys Hall whilst getting as much money out as possible. Another of his objectives is to have the instant obedience that he desires. He wants a school where he has ultimate power over the boys so that when he asks something of them they do it immediately – with no question. He tries to obtain this instant obedience in school by regularly beating the boys with a cane. Mr Squeers sees his school more as a business than a school-learning environment. â€Å"This is our shop, Nickleby†. This quote shows that he is treating the school as a business because his primary objective is to make money. He does not really care about the boys’ education, just as long as he turns over a nice profit. As Mr Squeers is owner of Dotheboys Hall he decides how to teach the boys or not, as the case may be. Mr and Mrs Squeers deeply dislike all of the boys in their school, except their own children. In fact they perceive the boys as â€Å"their natural enemies†. Clearly, if they see the boys like this then they are not fit to run a school but as it is their own school, they can do as they like. Mr and Mrs Squeers both hate the boys. â€Å"The only difference between them is that Mrs Squeers wages war against the boys openly whilst Mr Squeers tries to cover his rascality†. I think Mr Squeers tries to cover his rascality because he knows that he is not treating the boys very well and should not be doing this. However, don’t be fooled! Mr Squeers hates the boys as much as his wife but Mrs Squeers doesn’t really look for an excuse to beat them – she just enjoys doing it. All of the boys at Dotheboys Hall are terrified of Mr and Mrs Squeers and live in fear of the dreaded cane which they both use to mercilessly beat them. At the Hall, the boys don’t get much freedom and think what they are told to think. They dare not argue or answer back to Mr Squeers as they are kept too weak and undernourished. It is clear that the boys are scared of him because of the amount of times and the violent manner in which Mr Squeers uses the cane.

Principles of Business Communication

Every customer is entitled to the best quality product and service.   We, at Stovall Home Products, realize this and constantly strive to uphold product excellence and innovation. It was therefore   with considerable concern that we recently learned about your unfortunate experience in connection with the   use of our flagship brand, White-n-Brite Liquid Bleach.As you may have read from reputable consumer product rating publications which have given the brand the thumbs-up, it is our common practice to carry out   rigorous testing, quality control measures, and regular updating of directions to guide consumer usage and care.We thank you for bringing the matter directly to our attention. After careful assessment by our Laundry Products Laboratory, we find that the item you had requested Stovall Home Products to refund was made of material not compatible with either dry or liquid bleaches. Moreover, we have publicly stated, and indicated in the label directions on White-n-Brite Liquid Bleach, that this product is not to be used as a local spot remover.Nonetheless, we understand the aggravation the incident may have caused you.   If you so wish, you can send your personal item, postage-free, to Stovall Home Products and we’ll see what we can do about it.Stovall Home Products definitely does not compromise its integrity, regardless of whether it concerns the flagship brand or new product innovations. As a token of goodwill, we are enclosing introductory single-use packets of White-n-Brite Bleach: Delicates suited for your lingerie and hosiery, as well as in-store coupons of our new Air Fare Home Air Freshener aromas, entitling the bearer to $1 off for every purchase of any three new aromas that include Sea Air, Autumn Spice, Fresh Pine and Spring Flowers.Allow us to do as much as we can for you, as our valued customer.   Let us know if you need further informational details, such as those contained in our free booklets on caring for delicate fabr ics, air freshener or tough stain tips, or any help we can offer on our new products.Yours sincerely,  Carol Smith  Applying the Principles of Business Communications  to Writing Negative MessagesUsing the principles of business communications gleaned from the readings, I made a conscious effort to avoid phrases that may possibly strike the reader, in this case the customer, as rude, hostile, uncaring, condescending or arrogant (Locker, 2000, p. 67).It struck me that when the customer wrote Stovall Home Products to refund her for her stained jacket, she has somehow already made up her mind that it is the product which is defective, and not her misuse or oversight to check both her garment care tags and the White-n-Brite Liquid Bleach label directions. The likelihood that the customer may be resistant to views not supporting hers counts as one obstacle to be overcome (Locker, 2000, p. 68).   I, therefore, used an opening line with an area of agreement or a common ground I obv iously share with the reader (Locker, 2000, p. 68).To make my writing sound like friendly face-to-face discussion, I used words such as we, you, and   our for readability, as well as contractions in cases when it will come out more naturally than two short separate words (Burne, 2006, para. 27-29).   I likewise took into consideration â€Å"the seven Cs of business letter writing† which are: clear, concise, correct, courteous, conversational, convincing and complete (Burne, 2006, para. 4).I avoided stating the negative message outright at the start of   the letter, and I agree with one of the main readings on conveying negative information that when the reader’s ego is on the line, â€Å"opening with the negative message would violate the reader’s expectation and damage rapport† (â€Å"Writing Negative Messages,† 2002, para. 4). I likewise agree that â€Å"the more the negative information concerns the reader as a person, the greater the nee d for psychological preparation† (â€Å"Writing Negative Messages,† 2002, para. 4).I therefore   built up the brand and the long-held tradition of product testing and updating of directions. Soon afterwards, I   incorporated a brief buffer (â€Å"Writing Negative Messages,† 2002, para. 7) leading to the finding that negates the customer’s claim and which forms the key subject or specific concern.   I was especially careful to avoid negative transitions like however, but, and even though just before conveying the company’s findings that show that the customer’s demand was off-tangent, because such transitional words signal a turn for the worse (â€Å"Writing Negative Messages,† 2002, para. 8).I also avoided blaming the customer, who is the reader of the letter, for instigating the problem even if all signs point to it (â€Å"Writing Negative Messages,† 2002, para. 9). Instead of â€Å"spotlighting† the bad news, I po sitioned it strategically, and since â€Å"explicit refusals may be unnecessary and at times cruel† (Guffey, 2000, p. 290), I opted to imply or indirectly refer to the negative reply without seeming unclear about the company’s decision, which is not to grant the refund to the customer because the product was not used according to the stated directions.â€Å"Implication is often an effective way of transmitting an unpleasant idea, that is, the idea is not expressed, yet the receiver understands† (â€Å"Writing About the Unpleasant,† n.d.) based on the facts and explanations presented.   In stating the legitimate reasons for turning down the customer’s request, I have implied that negative reply and I did not dwell too much on the created problem anymore, proceeding, instead, to further cushioning the impact on the customer and offering a workable alternative.By including the line â€Å"we understand the aggravation the incident may have caused yo u,† I wanted to show empathy, or placing oneself in the customer’s shoes to understand how upset she may be and to understand how natural her reaction was to write the company and request for a refund.   On the other hand, I also took note of the fact that there is a â€Å"fine but clear line between being sympathetic about the customer’s problem, on the one side, and implying or taking responsibility for it, on the other† (Erdman & Hildebrandt, 1998, p. 157).It is in this light that I suggested to the customer to send over to Stovall Home Products the stained piece of clothing, and I phrased it to sound non-committal.   I tried to be mindful or â€Å"careful not to take responsibility in circumstances where it’s not appropriate† (Erdman & Hildebrandt, 1998, p. 158). I realize that saying no or refusing a customer’s undue request serves my organization’s welfare and needs (Locker, 2000, p. 214), preventing the setting of   a precedent for company liability (Erdman & Hildebrandt, 1998, p. 158).   I also tried to show that while the offered course of action may not be perfect,   it is â€Å"the best solution currently available† (Locker, 2000, p. 68).At this point, my overriding objective, alongside cushioning the impact of the negative reply to the request, has now turned to educating the reader and reselling the product in question, where a problem spot was encountered, or for new product innovations of the company (â€Å"Writing Negative Messages,† 2002, para. 24).   Because I am also trying to change the customer’s brash judgment about the company’s flagship brand and attempting to correct this customer’s understanding of company policy, I deemed it best to let the reader â€Å"save face† by hinting that changed circumstances â€Å"call for new attitudes or action† (Locker, 2000, p. 68).I then closed on a positive note by offering a counterprop osal (â€Å"Writing About the Unpleasant,† n.d.) Maintaining goodwill is very important, especially in the light of the thrusts of a company like Stovall Home Products, which has relied for many decades on customers’ loyal support.At no part of the letter was an apology extended, because in so doing, it will serve, not just to trigger future company liability but highlight the company’s   â€Å"acknowledgment of the mistake or wrongdoing, acceptance of responsibility, expression of regret, and assurance that the offense will not be repeated†Ã‚   (Kellerman 2006). Except for accepting a measure of   responsibility in order to maintain positive relationship with the customer, and the expression of regret as a sign of empathy, none of these apply in connection with the Anne Thompson’s case.ReferencesErdman, K. & Hildebrandt, H. (1998). Stovall Home Products: Practicing prudence to avoidliability. Business Communication Quarterly, 61, 152-163.Guffe y, M. (2000). Business communication process & product. Ohio: South-Western CollegePublishing.Kellerman, B. (2006). When should a leader apologize and when not? Retrieved May 12, 2008,from https://www.ncbi.nlm.nih.gov/pubmed/16579415Locker, K. (Ed.). (2000). Business and administrative communication. New York: McGraw-HillCompanies.Writing Negative Messages. (2002). Retrieved May 9, 2008, fromhttp://homepages.wmich.edu/~bowman/badnews.html