Wednesday, October 30, 2019
INTERNATION FINANCIAL MARKETS Essay Example | Topics and Well Written Essays - 2500 words
INTERNATION FINANCIAL MARKETS - Essay Example nternational financial markets would lead to improvement in the economies of developing, less developed countries, and it would automatically enhance stability among developed countries. The major benefit accruing from international financial markets is more financial interconnection among different nations of world. It can also lead to a deeper integration of developing economies with the international financial markets. Especially the developing economies would be able to revamp and develop their financial system with the introduction of more complete, deeper, stable and better-regulated domestic financial markets because of their affiliation to international financial markets. Levine, (2001) suggests a better functioning financial system with more credit is likely to lead to faster economic growth. Apart from direct growth benefits, development of international financial markets is likely to result in other collateral benefits like promotion of the development of domestic financial sector and imposing disciplines on the macroeconomic policies of the governments. It also leads to generation of more efficiency by encouraging competition and results in enhanced corporate governance and functioning of better governments. Since these benefits occur over a longer period, it is usual that the costs of globalization are detected more easily. The collateral long-term benefits of international financial markets can be traced through equity inflow and increased foreign direct investments into the domestic financial markets. However, it is difficult to identify the benefits of international financial markets, which enhance the productivity through empirical studies. An analysis of structural, institutional and macroeconomic policies across the country leading to growth of GDP or productiv ity would prove the benefits resulting from international financial markets. At the micro level, the positive impact of international financial markets can be felt in the capital account
Monday, October 28, 2019
Outline and evaluate definitions of abnormality Essay Example for Free
Outline and evaluate definitions of abnormality Essay Abnormality has three definitions. The first definition is deviation from social norms. Social norms are the approved and expected ways of behaving in a particular society. In terms of social norms, abnormal behaviour can be seen as behaviour that deviates from or violates social norms. The key weakness of the deviation of social norms is cultural relativity. Social norms by their very definition are specific to a particular culture or society so a behaviour seen as a deviation in one society may appear acceptable but may not be accepted in other society. Social norms vary as time changes and vary from culture to culture. Secondly, abnormality can be defined as the failure to function adequately. It means that a person is unable to love a normal life, they have experiences outside the normal range of emotions or do not engage in the normal range of behaviour. This can be seen as the person not being able to cope with life on a day-to-day basis. Functioning can be measured on the Global Assessment of Functioning scale (GAF). The first strength of failure to function is it is practical and focuses on treating the abnormal behaviour. Failure to function means those outside the individual do not have to label a person as mentally abnormal which still carries stigma in many societies. Unlike the deviation of social norms focusing on public view, it recognizes a personââ¬â¢s subjective experience as a means of helping to define who is abnormal. We can focusing on treating the behaviour that is hindering the person from leading an adequately normal life and offer treatment to encourage more adaptive behaviour. However, it is not without its problems. The first limitation is that apparently abnormal behaviour may actually be helpful, functional and adaptive for the individual. For example, those with obsessive-compulsive disorders find that their obsessions (some maybe socially acceptable behaviour such as hand-washing) make them feel happy. The second limitation is some of its criteria depend on subjective judgements of other people. It may be that someone is deemed abnormal simply because the observer experiences discomfort in watching their behaviour and in their own mind believes them unable to function adequately. Thirdly, abnormality can be defined as the deviation from ideal mental health.
Saturday, October 26, 2019
Global Marketing :: essays papers
Global Marketing Internet Paper The internetââ¬â¢s first role is the delivery and collection of timely information about products and services. We will have a look at the realistic role that the internet might play in assisting firms to reach their international marketing objectives. There are two types of impediments to the internetââ¬â¢s adoption and growth in international marketing: structural and functional. Structural issues are likely to have greater impact on consumer internet marketing than on business-to-business marketing. Functional issues are likely to have a greater influence on consumer marketing because businesses are easier to identify, segment, and reach. Functional issues A distinction can be made in the use of the internet: a passive use and an active use. The passive mode is used when the company recognizes the importance of having a presence on the web. The company will offer products, services, contact opportunity and other information that can be used by the consumer. Much more complex is the active use of the internet. It demands the identification of its appropriate role in the firmââ¬â¢s global strategic marketing plan. One functional issue is the market segmentation that should be chosen by the company. At this moment the mass marketing via the internet can not be pursued yet since there are still some limitations at this moment. A limitation is that the public access to the internet is still limited. Prospects are declaring that, when correctly applied, the internet is quickly adopted by the target audience and grows rapidly. Another limitation is that there is no programming per se to attract the individual surfer on the internet. However, the internet is well-suited for relatively homogeneous products that enjoy a broad appeal. Second, advertising has been the most natural and perhaps best developed use of the internet to date. The internet can be viewed as a mulitmedium, so it should be treated with the same principles as other advertising media. Promotion is a very important issue in this whole concept since with promotion brand recognition can be reached. Pricing is a third issue that should be mentioned. Pricing on the internet at the manufacturer level makes it easier for the competition to accumulate relevant price data and modify its current marketing program. Even a new strategy can be developed to compete for a bigger share of the market.
Thursday, October 24, 2019
Myths In Human Civilization :: essays research papers
Myths In Human Civilization Throughout the history of human civilization, myths have been an integral part of human society. Myths have no cultural boundaries as they can be found in all cultural societies. The word myth can be referred to the classical Greek and Roman mythology or a contemporary myth. Regardless of the type of myth, they are stories used to give meaning to a phenomenon or symbolic manner to the natural cycles that surround humankind. Myths are used to explain and understand our existence in our world whether it is something that we can tangibly see or not. The saga of a myth is past down from one generation to the next. For the purpose of this assignment, I will be analyzing three articles that deal with a myth. With each of these articles, I will attempt to explain how the author uses the term within the context of the article. Finally, I will be concluding the analysis of the articles with reference to class notes on what we have learned to date. The first article is "Phyllis Burke: Exploding Myths of Male and Female." which is a book review. The author of the book, Phyllis Burke, writes of Gender Identity Disorder or GIS that effects both male and female children. A child labeled with GIS occurs when the child is not confirming to appropriate gender behaviour. For example, if a boy wants to play with dolls and dress up as the opposite sex. Burke reveals that at a young age all children in the gender socialization process are encouraged to play with gender appropriate toys and roles. If the child does not conform to these roles laid out by our gender conscious society, they are forbidden and discouraged to continue with their behaviour. Burke continues to write that GIS children may find themselves in play therapy or even in psychiatric hospitals. In analyzing the way in which myth is used in this article, it is found in the way our society has created gender roles for children, teenagers and even adults. There is no biological evidence that girls can not play rough with other girls and boys. It is the gender appropriate behaviour that has stereotyped our thinking that this activity is not appropriate. Most would rather see girls playing with dolls and boys being the ones who play rough. Burke analyzed GIS cases from the 1930s through to the early 1990s and found no biological evidence to support GIS. The behaviour that is deemed inappropriate is suppressed not by the child themselves but by others around them.
Wednesday, October 23, 2019
Compare the ways Brian Friel presents ideas about divided identity in Making History with Michael Frayn in Spies
Divided identity is shown in both Spies and Making Historyfrom the beginning. Stephen Wheatley has two voices, his older self (Stefan Weitzler) and his younger self, which forms a prominent split in his identity. Hugh Oââ¬â¢Neillââ¬â¢s split self is displayed a little subtler in the stage directions. Oââ¬â¢Neill is described to speak ââ¬Ëin an upper-class English accent except on those occasions specifically scriptedââ¬â¢. The word ââ¬Ëscriptedââ¬â¢ makes me think of acting and implies Oââ¬â¢Neillââ¬â¢s front is a feigned identity he puts on. This could also show that he is perhaps embarrassed by his Irish roots which contradict his betrayal of England later on in the play. This relates to Spies as Stephen Wheatley speaks the English language with an English accent, when he is actually (unknowingly) German. Stephen Wheatleyââ¬â¢s father reminds me of Oââ¬â¢Neill too as he is betraying his German background by working as an English spy, much like Oââ¬â¢Neill working as an Earl for England when he originates from the opposing country Ireland. Oââ¬â¢Neill seems to be uninterested in the important events he needs to attend, butmore focused onsuch as the flowers heââ¬â¢s decorating the room with and how he looks in his jacket. This gives the audience a first impression of Oââ¬â¢Neill; he is more enthusiastic about his new English wife rather than his (important) role. This lack of interest could show Oââ¬â¢Neill has a short attention span explaining, for example, his various affairs and marriages. This mercurial nature reminds me of Keith in Spies ââ¬â he starts out the enthusiastic leader of the investigation into whether his mother is a spy or not, but loses interest as time goes on and matters become more serious. However, you could also say that Keith is much unlike the temperamental Oââ¬â¢Neill as he is much like his father; structured, organised and somewhat obsessive. Frayn shows this not only through how he was obsessing other his mother being a German spy, but through the fact he constantly wanted control of the mission and got angry when Stephen showed ââ¬Ëinitiativeââ¬â¢. Frayn draws a parallel between Keithââ¬â¢s bedroom and his fatherââ¬â¢s garage; Keithââ¬â¢s toys, like Mr Haywardââ¬â¢s car, are in perfect condition and are very rarely played with. We see that Hughââ¬â¢s habit of switching comes from his background; fostered by Irish parents when young, he then lived with an upper-class English family who taught him to act ââ¬Ëproperlyââ¬â¢ so he could serve Queen Elizabeth as an Earl in Ireland. Thisblurring of culture, nationality and religion makes it difficult for Oââ¬â¢Neill to recognize who he really is ââ¬â is he English or Irish, Roman Catholic or Protestant? The fact heââ¬â¢s just married Mary Bagenal is significant as he is risking his friends (Oââ¬â¢Donnell calls her an ââ¬Ëupstart bitchââ¬â¢) and powerful rolefor his new love. Oââ¬â¢Donnellââ¬â¢s ignorance towards Mabelââ¬â¢s origin reminds me of Mr and Mrs Haywardââ¬â¢s prejudice towards Stephen and the rest of the street ââ¬â they are shown to very rarely directly speak to Stephen and never socialise with their neighbours (besides Auntie Dee). The way they speak to Stephen could be xenophobia as they could somehow know Stephenââ¬â¢s real nationality, however I think it is more likely that they just have a fear of the unknown. This could have been influenced by Mr Hayward who seems to be the most paranoid of the family carrying his protective bayonet around everywhere. Flowers and plants are used frequently as metaphors in both the two texts to represent different identities. When Mary is talking about seeds she states not to ââ¬Ëplant the fennel near the dill or the two with cross-fertilizeâ⬠¦ ouââ¬â¢ll end up with a seed thatââ¬â¢s neither one thing nor the otherââ¬â¢. This represents the mixing of English Protestants and Irish Catholics, in other words; the relationship between Mabel and Oââ¬â¢Neill. Additionally, this could relate to when we are told Mabel is pregnant; the baby is the cross-fertilized, Irish/English, Protestant/Catholic seed. Even the props on stage Oââ¬â¢Neill is using are symb olic as they area Spanish broom, ââ¬ËGenistaââ¬â¢. Spain was a Roman Catholic country at the time and they (ineffectively) fought with Ireland years on in the Battle of Kinsale, which is what the entire play is based around. The Genistas reminds me of Mr. Haywardââ¬â¢s obsessing over his roses, although a different, frightening, tension is portrayed with him doing this. Frayn uses repetition and lists when describing Keithââ¬â¢s work on his garden (ââ¬ËKeithââ¬â¢s father worked and worked ââ¬â and as he worked he whistledââ¬â¢ or ââ¬Ëaround the house, forever digging and dunging, and trimming and pruning, forever undercoating and painting, and wiring and rewiring, forever making perfection yet more perfectââ¬â¢)to present the characterââ¬â¢s compulsive attitude. The attention of his gardening tends to be on the roses which could be symbolic in a patriotic way ââ¬â roses are a typical English flower ââ¬â and the way he is described to be planting them sounds like heââ¬â¢s building a fort to keep out ââ¬Ëenemiesââ¬â¢ (the German, Wheatley family). The privet flower (a misspelling of ââ¬Ëprivateââ¬â¢ by Keith) signified privacy, but had a suffocating smell; whenever Stephen was in the ââ¬Ëprivetââ¬â¢ with someone else there was often a stifled atmosphere. I think this smell indicated the uncomfortable stage at the start of puberty, where people start to discover their identities in more detail. The elder trees were outside the safe cul-de-sac, near to Uncle Peterââ¬â¢s hideaway which similarly represented Stephensââ¬â¢s admission into the adult world and puberty. In the first scene, Oââ¬â¢Neill presents Mabel with a ring which is symbolic as it was made in London ââ¬â the capital of the country Ireland are enemy with ââ¬â and the only person to have one is the Queen of England, Elizabeth. This moment is like the initiation of Mabelââ¬â¢s new identity when Mabel changes ââ¬Ëweââ¬â¢re a tough breed the upstartsââ¬â¢ to the ââ¬ËOââ¬â¢Neillââ¬â¢sââ¬â¢ being the ââ¬Ëtough breedââ¬â¢. This is similar to Mrs Hayward wearing her cravat to cover her abuse symbolising the initiation of her oppression. The second scene occurs about a year later in the same room and Mabel has undoubtedly added her touch as it is described as more ââ¬Ëcomfortable and colourfulââ¬â¢; this perhaps indicates that she could have changed Oââ¬â¢Neill. In the first scene we saw that Mabel was quite naive and had little knowledge of the Irish (she believed Oââ¬â¢Neillââ¬â¢s taunts of shaking hands with an archbishop turns them black), and now we see not much has changed but in fact gotten worse. She is sat alone (showing she has not settled in or made any friends) and her reaction to horseplay (ââ¬Ëher eyes are shut tight. She sits frozen in terror for a few seconds ââ¬â even when it is obvious that the screaming is horseplayââ¬â¢) shows that she is still frightened of the Irish. She is almost desperate for her sister, Mary, to stay which again shows her lack of company. It is apparent that Mabel is unhappy living in Ireland, however when Mary tries to hint for her to come home, her answers are uninterested as if she were satisfied in Irelandââ¬â she uses single words such as ââ¬ËYes. , ââ¬ËReally? ââ¬â¢ and ââ¬ËGood. ââ¬â¢. There is a pathos felt for Mabelââ¬â¢s isolation in this scene which is similar to what is felt for Mrs Hayward when she is kept prisoner by her abusive husband in her own house. Mrs Hayward is especially shown in a sympathetic light when the only person she can turn to is Stephen; this involved downgrading herself to sitt ing down in a dirty privet bush wearing makeup and best clothes at an attempt to persuade him to help her. Oââ¬â¢Neill is not the only character with a divided identity in the play; Mabel has one too. When talking with Mary she puts on a facade that she is loyal to Hugh and the Irish, however when alone with him she disapproves of his ââ¬Ëpoliticsââ¬â¢ or betrayal to England and tells him not to go to war, and condemns his ââ¬Ëcultureââ¬â¢ wanting the ââ¬Ëtramps out of hereââ¬â¢, showing her misery. What's more, we unexpectedly see that she has other abilities than being Oââ¬â¢Neillââ¬â¢s wife and ââ¬Ëdoing delicate and complicated laceworkââ¬â¢; Mabel seems very knowledgeable, wise and trustworthy in the areas of politics. Her divided identity reminds me a lot of Mrs. Haywardââ¬â¢s. Primarily, she is seen as the faultless, serene Mrs. Hayward who relaxes with her feet up and a book, but when we find out she is in love with Uncle Peter this is disapproved of not just by Mr. Hayward, butthe rest of the street, like Mabelââ¬â¢s love is disapproved of by her siblings, England and Ireland. Oââ¬â¢Neillââ¬â¢s feelings change for Mabel; the mistresses show that he is bored of her and he has apathy towards the fact she is pregnant. Oââ¬â¢Neill has a mercurial nature, which is perhaps the cause of all these different wives, loyalties (and disloyalties) to opposing countries, and the arguments with Mabel and later with Harry. Act two begins with Oââ¬â¢Neill in a rougher location than the wealthy house weââ¬â¢re used to, with such lack of furniture that he has to use a wooden box as a desk. Oââ¬â¢Neill even tells Oââ¬â¢Donnell ââ¬ËWhat you see is what I haveââ¬â¢ showing the loss of all the materialistic things that he had before. For the audience, it is immediately made obvious that Ireland have lost the war and Oââ¬â¢Neill is symbolically on his knees as he is writing a letter to Queen Elizabeth begging for forgiveness and his old job. When Harry arrives in the scene, he comes with news of Mabelââ¬â¢s death through blood poisoning, which is representative that sheââ¬â¢s been poisoned by Oââ¬â¢Neillââ¬â¢s Irish blood. In Spies, there is a recurring theme, just like the blood in Making History, of the train getting closer and closer which builds tension until finally Uncle Peter significantly killed by it. Frayn again uses repetition to create this suspense all throughout the book, from just mentioning the train line to the intimidating ââ¬Ëhuge thunder of the trainââ¬â¢ when he is in the tunnel. My final point is of course about the making of the history itself. It is apparent from the start that Lombard was going to exaggerate in the book, but by the end we know he used Oââ¬â¢Neill so Roman Catholics could have an idol. This shows when the grieving (even after many years) and drunken Oââ¬â¢Neill is staggering about his room, reading sentences like ââ¬Ënoblest son of noble lineageââ¬â¢ and that he grew in ââ¬Ëcomeliness and urbanity, tact and eloquence, wisdom and knowledgeââ¬â¢ that supposedly describe him. Divided identity is the main theme of the play, whereas in Spies it is just one of the many readings of the novel. Why?
Tuesday, October 22, 2019
o Trial w biblio essays
Irony between Band of Brothers&Prisoners w/o Trial w biblio essays Nowadays almost all constitutions and other documents regulating law in different countries speak first of all about human rights and state the rights of a person above everything. The leader and one of the first countries to state and protect human rights was the USA, of course. Its army and leaders always declared that they are protecting human rights all over the world. But isn't it really ironical that this country, while struggling for observance of human rights of ethnical minorities and other oppressed people in Europe was turning to hell life of Japanese Americans living in its territory? Let's analyze this situation that occurred during the World War II on the basis of two sources: "Prisoners without Trial" by Roger Daniels and "Band of Brothers" by Stephan Ambrose. "Band of Brothers" offers us a very informative and at the same time very touching story about American young people participating in World War II, about their daily life, how they learned to survive, to support each other and about other aspects of wartime. The author shows us life of 506 regiment of 101 airborne unit of USA army before and after the invasion into Channel Islands. The impact of the work is increased by the stories of witnesses, detailed historical facts and letters to motherland of soldiers. The film with the same name, which was made on the basis of the book is also reviewed by critics as excellent and historically correct creation. The film is rather closely following the plot of the book and reveals the story of the heroic so-called "Easy campaign". The author was not trying to glamorize war, and exaggerate the role of American soldiers in it, but he succeeded in showing people's life in difficult period and how they managed to get through it. The young men were fighting for freedom and liberation of Europe and their efforts after all were rewarded - by the victory over Hitler and liberati...
Monday, October 21, 2019
Mahar Arar essay
Mahar Arar essay Mahar Arar essay Mahar Arar What happened to Mahar Arar was the result of neglect and a false justification of the greater good. It is a story that shows us the power of fear and a governmentââ¬â¢s choice to uphold rights in the name of ââ¬Å"freedomâ⬠. Hopefully by discussing the events of Mahar Ararââ¬â¢s imprisonment and torture, citizens and governments alike can revaluate the modern media outlets and never again let something like this be excused. Mahar's story begins in September 2002, on a family trip in Tunis, Tunisia. While there mahar gets an email from his employer The Mathworks, a high tech firm based in Boston. The email is for a job in which he would be needed to assess some consulting work for a client. Mahar accepts and leaves his family early. His flight took him through, Tunis to Zurich, to New York, then Montreal. While in New York waiting for his final flight Mahar is pulled over by immigration and taken aside. A federal agent and officer from the NYPD then question him. The questions were very personal and dealing with his relationships, life, and work. Throughout the interrogation Mahar was denied a lawyer for he was not an American citizen. A main interest of the questions was his relationship with Abdullah Almalki; Mahar only said what he knew stating he knew him through Abdullahââ¬â¢s brother. The interrogators pulled out a copy of his rental agreement from 1997. This completely shocked Mahar as he had completely forgotten about this one time occurrence. Using this to validate the rest of the interrogation the questioners continued for hours. Mahar was then brought to prison where he spent several days. During this time he tried to talk to his wife and a lawyer in order to get out the situation. U.S officials then decided to deport Mahar to Syria for torture, his home country. Syria not wanting anything to do with him denied the U.S. So instead the U.S sent him to Jordan for torture. Mahar spent many months in Jordan being tortured. His cell was like a grave denying him any comfort. During this time Mahar was forced to sign documents placing him in Afghanistan as well as proving his close relations with other susp ected terrorist members. After being beaten for nearly 10 months he was soon moved to another prison where he could at least walk around. While here his release was being negotiated thanks to his wife and Canadian officials. Soon was he was released and returned home. Mahar Ararââ¬â¢s story is one that should be told to almost every person who lets societal pressure and media influence cloud their judgment on the issue of the war on terror. Though honourable in its goals to rid the world of terror and oppression who really suffers as casualties of war? That
Sunday, October 20, 2019
Tendering and Procurement in the Construction Industry
Tendering and Procurement in the Construction Industry The Issue of Project Collaborating in Construction Construction companies sometimes encounter excess commitments and since they work in partnership with other companies, they occasionally opt to work in collaborative construction contracts (Manuel 2014).Advertising We will write a custom report sample on Tendering and Procurement in the Construction Industry specifically for you for only $16.05 $11/page Learn More Collaborative construction contracts are forms of building arrangements and agreements or other forms of mechanisms that allow the involvement of companies to work together in a single project. Whereas the collaborative construction contracts may prove significant especially when contractors are dealing with mega construction projects that require skill combination and timely completion, they are sometimes challenging. According to Manuel (2014), such project partnerships or collaborations act as effective strategies of managing project risks and c ompleting the projects within the stipulated timeframe. Companies that engage in collaborative construction contracts normally possess the aim of achieving the common goal of ensuring an effective project execution (Manuel 2014). Nonetheless, the arrangements for the collaborative construction contracts have often been doubtable and the achievement of the common goal often proves impossible. Construction contracting is normally a complex process that requires trust building among the parties due to time, project quality, and financial issues (Mead 2007). Projects undertaken through collaborative construction contracts have regularly attracted economic, legal, trust and accountability disputes (Osipova Aleberger 2007). Such scandals between the partnering companies have reduced the adoption of the collaborative contracts across the world.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More In most circumstances that involve collaborative contacting, there is normally no guarantee about the successful completion of the construction projects, the quality of the final project, or the responsibility of taking the construction risks among the project partners (Osipova Aleberger 2007). The complex nature of the collaborative construction contracts also poses the issues of mistrust, and the scandals concerning the accountability of the parties involved in the contract agreements. Companies have reported several procurement cases concerning the ambiguities in the partnered projects and the lack of accountability between the members. Issues of Trust and Accountability Maintaining trust and accountability in the collaborative construction contracts has been a prevalent menace to the employers, the contractors, and the subcontractors (Mead 2007). It has remained to be a legal fact whether parties to a commercial contract have confined themselves to any written contract. The construction law often assumes that whether the written contract existed or not, there was or should have been some form of agreement reached between the construction parties. Additionally, most of the collaborative construction agreements rely on the unprofessional terms of voluntary arrangements, mutual trust, good faith, and mutual beneficence (Mead 2007). Building the trust and following the complex parameters of the framework agreements are challenging tasks. In the 1990s, when the British Petroleum Company wanted to reduce the costs associated with project construction, several challenges pertaining to trust, construction costs, time efficiency and the quality of the completed projects emanated (Mead 2007). The first controversy was the Andrew Field Project.Advertising We will write a custom report sample on Tendering and Procurement in the Construction Industry specifically for you for only $16.05 $11/page Learn More The first scandal that emerge d in the Andrew Field Project was mistrust. This showcase trial project was a successful deal, although trust between the members took a long time to prevail. British Petroleum wanted to prove how collaborative projects could be cost effective, time efficient, and successful with minimal efforts (Mead 2007). The first case of mistrust began with the initial process of tendering because the company subjected the contractors to a competitive bidding process. Due to the rigorous process of bidding, almost a third of the contractors pulled out because they suspected that the company worked with biasness (Mead 2007). After a successful bidding process, the BP project manager, John Martin was oblivious about the estimated amount for the construction. The contractor estimated the total cost to about 373 million sterling pounds, but the actual cost went down to 320 million sterling pounds (Mead 2007). To be contented with the deal, John Martin had to hire external auditors. Ambiguities of C ontractual Terms Budget Compliance Collaborative contracts in the construction sector might sometimes turn out to be unsuccessful because construction partnerships often evolve in complex situations, their parameters are often unclear, and there exist a lot of mistrust between the project owners, the contractors, and the subcontractors. According to Osipova and Aleberger (2007), collaborative contracts are normally unclear at their beginning, and one of the parties often tends to breach the agreements due to the nature of the unstable contracts. One of the controversial construction cases in partnered projects was the maintenance of Danish Main Roads. The Danish Directorate of Roads has the responsibility of managing about 3800 km of the Danish main roads. In 2003, the institution entered into a partnering agreement with three other companies to manage and maintain the Danish roads (Mead 2007).Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The contracts involved agreements that ranged between 200 thousand sterling pounds to 6 million sterling pounds. In total, the projects amounted to over 20 million sterling pounds. Although the partnering agreement managed to record some significant cost reductions in the first three years, 3%, 6%, and 4.5% correspondingly, the contractors complained about excessive wastage of time and financial resources (Mead 2007). In a separate auditing report done by independent auditors, the company seemed to have used more resources in the planning and implementation of the project (Mead 2007). During the process of negotiating the terms and conditions of the agreements involved in the partnership, the company took the contractors through strenuous and time consuming consensuses, meetings, public procurement regulations and other strict procedures (Mead 2007). Given that the project was under three collaborating companies, the time and resources used to go through the various agreement proces ses, made the project seem tricky and costly to some of the constructors. According to the independent auditing firm, several other expenses went unaudited and the estimated improvements were therefore untrue. Issues Pertaining to the Project Quality In collaborative construction contracts, the issue pertaining to the quality of the project is often a disputable concept. Collaborative projects comprise agreements between several contractors, suppliers, and other construction agencies (Manuel 2015). Managing the quality of the project to meet the expected design standards and the project requirements is often a challenging factor because different construction companies have different ways of enhancing the quality of the projects assigned to them (Manuel 2015). In the process of trying to beat the given deadlines and work within the provided budgets, some contractors may work with constrained finances to make considerable financial savings. In April 2013, the Bangladesh government fa ced a challenging task of unraveling the causes of a collapsed building that caused serious fatalities amongst some civilians (Manuel 2015). Three different contractors had collaborated to construct an eight-story building at the capital city of Bangladesh, Dhaka. Thought to be a mysterious tragedy, the government launched an investigation to determine the causes of the collapse. The first insight from the government officials revealed that the building had collapsed due to several construction lapses that the joint constructors caused. The contractors used shoddy construction methods to avoid some government levies that come from the construction permits (Manuel 2015). A government civil engineering expert known as Henri Gavin established that the partnering contractors had wanted to ensure a quick start of the project. This meant that they had to use substandard material, poor construction methods, and fake tendering of the materials to reach their first construction targets (Manu el 2015). In a report, Henri Gavin revealed that the contractors developed an uneven footing and had a poor following of the project plan. They used unstable reinforcing steel, little concrete and several other substandard materials to fight against time and the construction cost (Manuel 2015). The contractors hired in this project used an illegal tendering process to acquire materials that would kick-start the project before the government could discover their deal. The Concept of Framework Contracting Constructors sometimes engage in long term contracts due to the arrangements made based on their performance with the employers (Glover 2007). A framework contract is a form of a constructional agreement that entails a long-term procurement plan with the clients to secure the construction service of quality contractors or reliable suppliers through ensuring them a stable supply of jobs in future. According to Glover (2007, p. 1), ââ¬Å"the Framework agreement, often known as an umbr ella agreement, is an agreement, which is reached between two parties to cover a long-term collaborative arrangement.â⬠Contractors engage in framework contracts during the low seasons in the construction industry. According to Glover (2007), when the scarcity of the construction jobs is over and the jobs have reemerged, the constructors compete veraciously for construction jobs available in the market. The implications arise due to the long-term procurement strategies because contractors would often feel that the framework agreements have restricted them from winning better tenders. Terms of Termination and Scandals Involved A constant issue that arises in the framework contracts that involve long-term agreement in the supply of products and services in the construction deals is the terms of terminating the framework arrangements. According to Glover (2007), when the contractors feel that, the construction jobs have reemerged in plenty and the moment of unemployment is over, t hey often way the benefits of remaining within the framed arrangements and the benefits of searching for other new tenders. It is often uneasy because one of the parties will often feel disadvantaged and disappointment with the withdrawal of the disagreeing partner or the insistence of the other partner to commence the framework (Glover 2007). Framework agreements do not normally have a fixed duration of existence and in legal terms, both parties must abide to the durational conditions. In normal circumstances, parties can often terminate the framework agreement at any time, at their own will, and within their terms of agreement. Claims of wrongful termination, loss of contract profit, and waste of time in the framework agreement have been persistent in many cases. While engaging in framework agreements, the parties must always observe and uphold the stipulations of the JCT Framework Agreement that governs public and private sector framework procurements (Sakal 2005). According to C lause 22 of the JCT Framework Agreement, that controls the termination of frameworks, ââ¬Å"no task with duration of more than 12 months is to be instructed in the final 3 months before the framework end dateâ⬠(Glover 2007, p. 8). Such a section protects the parties from engaging in long-term relationship and commitments that are non-beneficial. The section states that either of the parties can terminate the agreement through a one-month notice the last month of the framework contract ends (Glover 2007). Cases involving uninformed, untimely, and ill-motivated terminations have often struck the efficiency of the framework agreements. Unmet Promises supply of future work Although the companies that procure contractors on framework contracts believe that they have the ability to continue providing their clients with a steady supply of future work, sometimes their promises turn out unachievable. Glover (2007) explains that contractors at this moment find themselves losing importa nt tenders, contract profits, and waste time needed to engage in new contracts with stable companies. Therefore, they often prefer to quit the framework contract. In a Northern Ireland case, a contractor lost profits and made him feel underprivileged to lose a framework contract. However, those who stay in a unprofitable frameworks miss the chances of securing some important tenders that present themselves in the market during the period of the long-term procurement engagement (Sakal 2005). This is because the contractor would possibly lose the promised benefits of future work and other privileges that were to accompany the long-term procurement strategy. A failure of the employer to make genuine promises becomes a legal dispute because the contractor would always want compensations concerning the time wasted in the abortive framework agreement. False promises in the frameworks contracts are prevalent and making legal and ethical claims exists among the involved parties. According t o Glover (2007, p.13), ââ¬Å"the ability to make claims for loss of chance or loss of receiving is difficult because a claimant must establish on the balance of probability that there is some link between the defendantââ¬â¢s negligence and the claimantââ¬â¢s loss.â⬠False promises contravene the principles of good faith in the framework contracts and override the requirements of transparency in the endorsement of the construction contracts (Sakal 2005). As witnessed in some framework cases, unless there are verifiable facts that the employer made some promises in the framework agreement, the courts can rarely assist the contractors to get their payments concerning the promised future benefits. In case of a legal issue, Glover (2007) argues that unless the defendant agrees that there existed some promises in the framework agreement; the contractor will often remain to be a loser in the construction deal and in the profit claims. The Problem of the Unforeseen Uncertainties Sometimes constructions face enormous challenges such as collapses or destructions that result from the natural catastrophes and other uncertainties. Uncertainties are normally unpredictable and unforeseen (Osipova Aleberger 2007). Constructors serving in a framework contract that faces such challenges normally feel frustrated and would often want to terminate the framework arrangements made in the construction contract. When perhaps the employer failed to insure the project, contractors in that framework agreement will often incur considerable financial losses. According to Glover (2007 p. 13), ââ¬Å"where the quantification of the claimantââ¬â¢s loss depends on future uncertain events, the loss has to be determined on the courtââ¬â¢s assessment of that risk materializing.â⬠Uncertain events such as the natural calamities are often unforeseen and setting up a claim for any form of compensation due to the damages is normally a challenging issue for the both parties. Pr oblems in framework agreement Framework agreements have never missed scandals due to the issues of fairness, equality, financial losses, project quality, and mistrust in the provision and arrangements of framework tenders (Burnnet Wampler 2003). One of the controversial cases that marked a series of arguments is the case of Henry and the Department of Education in Northern Ireland. Henry Bros as a contractor engaged in a framework contract with the Department of Education of Northern Ireland. Henry complained that the construction contract was inappropriate in its contracting agreements (Burnnet Wampler 2003). Henry Bros disputable about the framework agreement when he presented the legal claim based on the foundations of the 2006 Procurement Regulations of Northern Ireland. By awarding a construction tender to Henry without following the basic standards of tendering a construction process, the high court of Northern Ireland considered it illegal because the Department of Educatio n for Northern Ireland seemed to have breached the Procurement Regulations of 2006. Another similar case to that of the Northern Ireland contractor and a school department is the 2003 public procurement case that involved the New South Wales vs. the Austeel Pty Ltd (Burnnet Wampler 2003). The New Wales sub national government, which was the defendant, had entered into a framework agreement with Austeel Pty Limited to construct a large steel plant around the city of Newcastle (Burnnet Wampler 2003). The scope of the construction contract and the terms of the contract were extremely diverse and consisted several parameters of contract agreements pertaining to urban planning and designing. The government disputed the construction progress because certain processes of the deal were disputable because they failed to follow a certain dispute resolution framework. The government was unsure about the continual performance of the contractor, was not sure about the entire tendering process, and was not even sure amount the possible amount that the project could not exceed. The government feared to lose money and waste time. The Concepts of Risk Allocation and Commercial Balance The risks of engaging in construction contracts are extensive even in the concepts of risk allocation and commercial balance (Sakal 2005). Sometimes the employers would want to dominate the ultimate results of the projects and the issues of time certainty through using fixed costs, may sometimes be unrealistic in a construction project (Mead 2007). Such concerns explain the reason as to why it is significant to determine risk allocation and commercial balance during the process of entering into a construction agreement to avoid time and money losses. In most circumstances, financial issues and risk management are some of the major concerns that arise in a construction contract due to the complex nature of materializing the project and the presence of some unprecedented risks (Mead 2007). Using fixed costs in a construction project has become an issue for the contractors because of the nature of the fluctuating prices of building materials and the nature of framework contracts. Since the construction risks are diverse and often unforeseeable, when the employers seek to control, the ultimate results of the project and at the same time maintain time certainty and fixed costs, the constructor will be vulnerable to most risks (Mead 2007). When the employers tends to control the three major factors of determining the management of risks, there is often a likelihood that the project is financially impracticable, the site of the project is dubious, the insurance systems on the project are incompetent, the construction material is fake and illegal, the authority approvals are unmet, or the land possession is suspicious. Working in a dynamic environment where contractors have little say on the socioeconomic issues also places them in a quandary when the employer tends to force a fi xed pricing on the construction (Sakal 2005). Such scenarios have occurred persistently in several construction cases and required the intervention of the court to resolve the imminent disputes. Allocation of Risks in a Construction Project Risk is normally an inevitable aspect in a construction and both the employer and the constructor always wish that risks never befell them. According to Glover (2007 p. 3), ââ¬Å"on each project-specific underlying contract, remember it will still be necessary to consider the scope of work and/or services, allocation of risk, completion date, price and payment particular to that project.â⬠Most risks are unforeseeable and both parties can never determine the occurrence of a risk at any point of the construction process. It is very vital for the contractors to analyze the aspects of risk allocation due to several unforeseeable issues that may affect their contractual agreements (Osipova Aleberger 2007). Assessment of risk allocation in a co nstruction projects makes the contractors aware of the unreasonable excuses and manipulations that the employers can cause in a construction deal. Knowing the risks associated with a construction contract such as the risks of project financing, discrepancies, and omissions helps the contractors to assess the contracts. Commercial Balance in a Construction Contract The construction sector often experiences challenges of market fluctuations in the procurement processes and especially in the procurement of the construction materials, whose prices change occasionally (Glover 2007). As witnessed in the above cases, working on a fixed budget from poor estimation made by the employer puts the contractor at risks of encountering the risks of material shortages, shortage of hiring skilled workers, and shortage of hiring some construction related services such as transportations. Such shortages significantly expose the contractors at risks of settling claims related to inadequate designing of the intended project, incompletion of the assigned project, and poor selection of the construction material (Manuel 2014). According to Glover (2007), contractors must understand principles of agreeing to certain standards of projects to ensure that cost estimations take into account the issues related to the price and quantity of the project. Therefore, on risks associated with fixed costs, the contractors must analyze the financial feasibility, the budgetary allocation, and the market prices. Time Certainty in a Construction Contract Time is a considerable factor when it comes to construction of projects that require quick completion (Darrington Lichtig 2010). As witnessed in many construction cases, when the employer tends to control the aspects of time related to the completion of a project, there is normally a high likelihood that the contractor may encounter some serious time implications (Manuel 2014). In a scenario where the employer tends to control the aspects of time an d budget, the contractor will likely fall short of the expectations of the employer concerning the quality of the project or the state of the project, the poor designing of the project, inappropriate construction standards, and delayed progress of the project (Darrington Lichtig 2010). Contractors would often want to work on low budgets and make some considerable profits from the construction projects. Manuel (2014) states that because some natural occurrences may delay the construction project; contractors should often assess the constructional costs and the time certainty issues. Scandals Associated with Fixed Cost Projects One of the controversial cases that pertain to risk allocation and commercial balance is the 2009 case of the family of Godbold and Mr. Camilleri who was a local contractor. The case entailed a fixed-price construction contract of $363,446 between the constructor, Mr. Camilleri, and Mr. and Mrs. Godbold (Darrington Lichtig 2010). The project was a constructio n of a personal house, which the employers promised on pay on eight installments depending on the progress of the construction. Due to the dynamism of the construction market and the related market fluctuations, Mr. Camilleri found himself in financial difficulties and opted to request for more money from the project owners (Darrington Lichtig 2010). Mr. and Mrs. Godbold continued to pay the installments based on the progress of the construction, but remained reluctant to answer the request of Mr. Camilleri concerning the increment of the construction funds. When Mr. Camilleri informed the owners that the project would probably take another $163,523.03 to complete, they terminated the deal. Mr. Camilleri left the house unfinished due to financial constraints and time limitations. The house project finally ended on a sum of $44,157.23 through different contractors (Darrington Lichtig 2010). However, the contractors who completed the construction project were unable to complete the house in accordance with the design and quality expectations. The increased cost of completing the house, made the Godbold family to limit their efforts in completing the project, rather than getting the best out of the expected design (Darrington Lichtig 2010). Although the case went to the court and the court could not ascertain the level of the unprofessionalism of the constructor in underestimating the cost of the construction project. This was due to the reason that there was no evidence about a complaint concerning a defective building work, Mr. and Mrs. Godbold (Darrington Lichtig 2010). The court requested the defendant to pay complainant a sum of $44,157.23 as compensation based on the stipulations of the statutory home warranty scheme. Such a scenario explains that the projects assigned to the contractors on fixed costs normally have the likelihood of facing financial instabilities (Darrington Lichtig 2010). Projects carried out on fixed costs normally put the contracto rs at risks of constructing substandard projects, because the contractors, like in the case of Mr. Camilleri, fail to balance the commercial factors and the expected quality of the project (Darrington Lichtig 2010). The case of the two parties reveal the manner in which fixed cost projects are risky engagements for the contractors especially when one considers the persistent changes in the prices of the materials, the services of other builders, and other costs related to construction (Darrington Lichtig 2010). The scope of construction normally shifts from the intention of constructing highly standard projects, to the aim of ensuring that the project meets the standards of the estimated costs and the financial parameters provided by the employer. References Burnnet, J Wampler, B 2003, ââ¬ËUnit Price Contracts: A practical Framework for Determining Competitive Bid Priceââ¬â¢, The Journal of Applied Business Research, vol. 14, no. 3, pp. 63-72. Darrington, J Lichtig, W 2010 , ââ¬ËRethinking the ââ¬Å"Gâ⬠in GMP: Why Estimated Maximum Price Contracts Make Sense on Collaborative Projectsââ¬â¢, The Construction Lawyer, vol. 30, no. 2, pp. 1-12. Glover, J 2007, Framework Agreements: Practice and Pitfalls, fenwickelliott.com/ Manuel, K 2014, Legal Protections for Subcontractors on Federal Prime Contracts, https://fas.org/sgp/crs/misc/R41230.pdf Mead, P 2007, Current Trends in Risk Allocation in Construction Projects and Their Implications for Industry Participantsââ¬â¢, Construction Law Journal, vol. 23, no, 1, pp. 23-45. Osipova, E Aleberger, L 2007, Risk management in different Forms of Contract and collaboration- Case of Sweden, irbnet.de/daten/iconda/CIB4894.pdf Sakal, M 2005, ââ¬ËProject Alliancing: A rational Contracting Mechanism for Dynamic Contractsââ¬â¢, Lean Construction Journal, vol. 2, no. 1, pp. 67-79.
Saturday, October 19, 2019
Conflict between Georgia and Russia about republics of South Ossetia Essay
Conflict between Georgia and Russia about republics of South Ossetia and Abkhazia (2008) - Essay Example Political explanations of the conflict usually revolve around communism while ethnicity is viewed as a cause which was naturally gratified by widespread disparities and as a natural culmination of communist repression. Moreover, it could also be argued that ethnicity as an underlying cause of the conflict is justifiable or understandable considering the existence of such groups in large numbers. Heterogeneity is viewed by some as a driving force behind widespread dissatisfaction among the public that fuelled the desire to demand a separate state. The premises that gave rise to the ethnic and cultural differences can further be attributed to the Soviet political system which rather than diffusing the causes of the conflict, in fact, ended up fuelling it further. Research suggests that historically, ethnic conflicts have lasted longer and was more frequent as compared to conflicts or wars caused due to other reasons. Furthermore, it is also established through research, which ethnically motivated conflicts are rarely solved through peaceful negotiations and usually needs to be resolved through use of military power ending in victory of either side (King 1997, p.13)1. However, the explanations to the Georgian South Ossetian conflict cannot be restricted to any one particular point of view such as ethnicity or suppression during the Soviet Union. It is in fact a result of amalgamation of various complex phenomena. The 1989 Census estimated the population of South Ossetia as 66.61% Ossetians, 29.44% Georgians and the remaining 4% as a combination of Russians, Jews and Armenians. The Ossetians accounted for 74% of the population in Tskhinvali ââ¬â the administrative state of South Ossetia while the rest of the population comprised of Georgians and other groups of miscellaneous ethnicities. However, the composition of the population underwent drastic change since the onset of the conflict which led to mass migration towards the Northern Ossetian regions as
Friday, October 18, 2019
Lifes Greatest Lesson Learned (must also include 1 direct quote from Essay
Lifes Greatest Lesson Learned (must also include 1 direct quote from book tuesdays with Morrie so reading this book is required) Read FULL Directions - Essay Example I learned from experience that there is something to the non-violent ways of many of our greatest leaders, from Martin Luther King to the Dalai Lama, that allows people to take control of their lives and to be immune from harm. I learned that non-violence is the only sane way to live. I see for instance that many on-going fights are the result of people retaliating from perceived or real hurts inflicted on them by others. I witness this daily. Each is a never-ending downward spiral of violence and pain, to the point where those fighting forget where it all started. The way to stop this is to stop retaliating. To nip it in the bud, the best policy is to not begin the cycle of hate, and to respond to negativity with its opposite. I know this is hard to practice, but in practical terms, those who are non-violent also are less likely to get into trouble with the law because they make it a policy not to harm others. They have peace in their lives, and are not afraid to go anywhere thinkin g that someone will come hurt them out of revenge. Being a peaceful person is simply the best way to live on earth (Albom, 1997). I learned too that living by the rules of love also means doing the work that we love, rather than aiming for work that gets us to a better place in terms getting ahead in life, or making more money. In a way this is a form of self-love too, to be in tune with what we really want to do, rather than allowing material considerations dictate how we are to spend our lives. I learned that when I do things out of a genuine interest and love, rather than to show off or to gain something in the short term, I do poorly. My heart is not in it, and I hurry to finish. I do not feel good about the work that I do in this spirit. I want to move on to other things right away. On the other hand, with some activities that I love, time seems to fly, and my
Comparing Story to Real World Essay Example | Topics and Well Written Essays - 1250 words
Comparing Story to Real World - Essay Example Oates revealed that a story she read in the Life magazine served as the main inspiration for her to write the short story. From the Life magazine, Oates became familiar with the increasing vulnerability of American adolescents in the hands of individuals who took advantage of their lack of experience. For this reason, Oates recreated the story in Where Are You Going, Where Have You Been. In the Oates story, she introduced Connie and Arnold Friend, who would take advantage of the innocent girl (Caldwell 316). A close analysis of Connieââ¬â¢s life reveals that she was only beginning to gain self-awareness at the tender age of 15. As common with many adolescents, Connie has a bumpy relationship with her mother (Caldwell 3). Worth noting is the fact that Connieââ¬â¢s mother had recognized Connieââ¬â¢s curiosity to explore the world. However, she did not give her the relevant warnings that would serve as guidelines in her life. Connie exhibited two different lifestyles. While at home, Connie played the role of an innocent and naà ¯ve girl. However, when Connie went to the shopping mall, she behaved like an excited teenager ready to seek attention from boys. A close analysis of Connieââ¬â¢s attitudes reveals that the emotional and physical changes that take place during adolescents had taken a toll on her. She craved for attention and love from the boys. Unfortunately, Connie was unable to handle such attention as the film Smooth Talk illustrates. During one of Connieââ¬â¢s visits to the shopping mall, she spotted a peculiar boy, who eventually turned out to be Arnold Friend. The peculiarity with Arnold Friend is that he is much older, but deceives girls by faking a younger age. Since Connie craves for attention from boys, she becomes highly predisposed for Arnold Friendââ¬â¢s tactics (Caldwell 6). As both the film and short story highlight, Connieââ¬â¢s thoughts have focused
Thursday, October 17, 2019
Intermediate Accounting 2 answeres Essay Example | Topics and Well Written Essays - 1000 words
Intermediate Accounting 2 answeres - Essay Example (Maxwel, 2010) The lease receivable will be revealed as an asset on the balance sheet, and the interest revenue is recognized over the term of the lease, as paid. Normally, the company will record its sale on its books, removing the asset from its books and replacing it with a receivable from the lease. During the lease term, the lessor receives interest income. The cash inflow equals the lease payments and the cash outflow is equal to the book value of the asset. (Paul, 2007) Legally, the lease expenses are usually treated as operating expense and the operating lease is not revealed as part of the capital of the firm. When a lease is classified as a sales type lease, the present value of the lease expenses is treated as debt, and interest is imputed on this amount and shown as part of the income statement. Changing from operating leases to sales type leases increases the debt shown on the balance sheet significantly. (Paul, 2007).It is therefore wise for the company to use operating lease since there would be no increase in debt. The operating lease payments in future years, which are revealed in the footnotes to the financial statements for US firms, should be discounted back at a rate that should reflect their status as unsecured and fairly risky debt. As an approximation, using the firmââ¬â¢s current pre-tax cost of debt as the discount rate yields a good estimate of the value of operating leases. Note that capital leases are accounted for similarly in financial statements, but the significant difference is that the present value of capital lease payments is computed using the cost of debt at the time of the capital lease commitment, and is not adjusted as market rates change. Using straight line method Depreciation = (Cost - Residual value) / Useful life/salvage value. Suppose the cost of airplane is p, then the salvage value of x and y under 15 and 25 years
Argumentative research paper arguing how negativly the meadia
Argumentative arguing how negativly the meadia influences the masses during times of war - Research Paper Example Yet, both politics and journalism make claims to a standard of objectivity that often hides the political bias in the construction of ââ¬Å"social factâ⬠. It is through shared communication methods such as literature, newspapers, the internet, tv news, etc. that people in modern societies form their views on complex political issues that may affect the lives of millions. Nowhere is this more exemplified than in issues of international relations or foreign policies, and the conduct of war ââ¬â which has led nations across the world into millions of deaths and untold destruction primarily through the dissemination of political views and ideologies throughout large populations that permitted organized military violence by the State. In general, the television news and newspapers frame the discourse by publishing a type of collective debate between opposing viewpoints as they relate to current events and pertinent issues of social governance in a democracy. As Noam Chomsky writ es in ââ¬Å"The Culture of Terrorism,â⬠"The leveling of discourse within the ideological system is an extremely important matter. Part of the genius of American democracy has been to ensure that isolated individuals face concentrated state and private power alone, without the support of an organizational structure that can assist them in thinking for themselves or entering into meaningful political action, and with few avenues for public expression of fact or analysis that might challenge approved doctrine...adherence to doctrinal truth confers substantial reward: not only acceptance within the system of power and a ready path to privilege, but also the inestimable advantage of freedom from the onerous demands of thought, inquiry and argument. Conformity frees one from the burden of evidence, and rational argument is superfluous while one is marching in an approved parade.â⬠(Chomsky, 1988) The media act as a ââ¬Å"fourth branchâ⬠of government, essential to the he althy functioning of a democracy systematically. Minority political groups may be forced to resort to other means to organize their viewpoints and distribute them popularly if they cannot gain mass-media access, but there is little practical guarantee that minority communication channels can compete with mass-media communication networks that dominate the public construction of issues debated in modern societies politically. This is one way that political hegemony may operate in repressing views unfavorable to the status quo of hierarchical power distributions. The media never covers a war neutrally with just the facts. They report stories or fabricate ones that they believe will gain ratings or sell papers. This is the definition of ââ¬Å"Yellow Journalism,â⬠and it can be seen historically as the way that the public was rallied to war, from the early days of Theodore Rooseveltââ¬â¢s ââ¬Å"Rough Riderâ⬠raids on Cuba to the modern conflicts in Iraq and Afghanistan. F rom the establishment of the news empire by William Randolph Hearst, mass-media news sources increasingly pursued a centralized, corporate model of operations that mirror in many ways the development of the superpowers themselves. The Hearst papers had the budget required to ââ¬Å"
Wednesday, October 16, 2019
Intermediate Accounting 2 answeres Essay Example | Topics and Well Written Essays - 1000 words
Intermediate Accounting 2 answeres - Essay Example (Maxwel, 2010) The lease receivable will be revealed as an asset on the balance sheet, and the interest revenue is recognized over the term of the lease, as paid. Normally, the company will record its sale on its books, removing the asset from its books and replacing it with a receivable from the lease. During the lease term, the lessor receives interest income. The cash inflow equals the lease payments and the cash outflow is equal to the book value of the asset. (Paul, 2007) Legally, the lease expenses are usually treated as operating expense and the operating lease is not revealed as part of the capital of the firm. When a lease is classified as a sales type lease, the present value of the lease expenses is treated as debt, and interest is imputed on this amount and shown as part of the income statement. Changing from operating leases to sales type leases increases the debt shown on the balance sheet significantly. (Paul, 2007).It is therefore wise for the company to use operating lease since there would be no increase in debt. The operating lease payments in future years, which are revealed in the footnotes to the financial statements for US firms, should be discounted back at a rate that should reflect their status as unsecured and fairly risky debt. As an approximation, using the firmââ¬â¢s current pre-tax cost of debt as the discount rate yields a good estimate of the value of operating leases. Note that capital leases are accounted for similarly in financial statements, but the significant difference is that the present value of capital lease payments is computed using the cost of debt at the time of the capital lease commitment, and is not adjusted as market rates change. Using straight line method Depreciation = (Cost - Residual value) / Useful life/salvage value. Suppose the cost of airplane is p, then the salvage value of x and y under 15 and 25 years
Tuesday, October 15, 2019
Is Henry Rollins a good poet Discuss with specific reference to his Essay
Is Henry Rollins a good poet Discuss with specific reference to his work - Essay Example When Henry Rollins is criticized for being a lesser poet, and not so good a performer, what these critics miss is the totality of the artist that he is. Of the different categories of performers he belonged to the category of super active performers. In 1980s when he was with the punk rock group the Black Flag his pre show appearances on the stage were very critically acclaimed. He would come on stage in only a pair of black shorts while the rest of the band is tuning up before the concert. He will pace up and down the stage grinning and grinding his teeth. According to sub pop critic Calvin Johnson, ââ¬Å"Henry was incredible. Pacing back and forth, lunging, lurching, growling; it was all real, the most intense emotional experiences I have ever seenâ⬠(as quoted by Azzerad Michel, in Our band could be your life: scenes from the American Indie Underground PP38) This shows that Henry Rollins was more a performer than a poet whose energy is more in performing poems rather than wi th in the poems. So the poetry is only one of the media he uses to perform before the world. For him a poem is not a whisper as it is too many poets, but a big shout out. It is this aspect as a performer poet that is missed out in the criticism of the poems of Rollins. Every word uttered is made into a performance by Henry Rollins. Thatââ¬â¢s why his spoken-word performances are so popular, receiving good reviews from respectable journals and News papers everywhere. In many of his interviews Rollins confesses himself to be workaholic.â⬠I donââ¬â¢t have a great deal of love life. I love my work, but donââ¬â¢t know many people.â⬠He explains in his interview with another poet/musician/actor, Saul Williams. Work with out love and the years flying away is almost a perpetual theme in Rollins poems. The agony of loneliness is getting denser here. The inability to love or to reach out to the lover is getting graver which is summed up so poetically and beautifully as ââ¬Å"my silence spit in your
English Rhetoric Paper Essay Example for Free
English Rhetoric Paper Essay I think the essay could be looked with consideration of logos is a great way; the reader should be able to use reason and logic to judge the essay. Since logos are appeal based on logic and reason, everyone will reason their different ways without being influenced by the article or the author. Let me shortly show how I think the rest two would not be best in the essay here:- Pathos being emotion based and the fact that this essay seems to have been written by an author who is very bitter with bush might win the readers sympathy without proper reasoning. The whole essay condemns bush, it brings about his history not sure if it is true or not and thatââ¬â¢s more why I would rather consider logos as far as possible because I can only see the authors side and the list of questions which I donââ¬â¢t know the answers to and not even aware if bush answered. Ethos, the appeal based on the reputation of the author did not win my side here on this essay, the author claims to have been slammed by uttering theââ¬Ëdââ¬â¢ word gives me a negative attitude towards him. I reason differently especially on the part that Bush is accused to have sent the sons and daughters of America to their deathsâ⬠¦sometimes for achievement to be attained there has to be sacrifice and I donââ¬â¢t mean to say that the victims should be sacrificed. Having a president who would pretend not to notice the threat of weapons of mass destruction and ties Saddam had with Al Qaeda would be a challenge big enough. He would have failed in his duties as a president. America needed to be protected so did other parts of the world. Honestly the September Eleven attack killed many people right at homeland, most of them as they did their businesses. The president knew that there had to be war first then peace and hence ââ¬ËI am a war Presidentââ¬â¢ statement which was a reality. Logical Fallacy committed here is ââ¬Ëinformal fallacyââ¬â¢ whereby arguments however good or even based on true premises must not be a 100% true in the end result. He wrote ââ¬ËWe are a forgiving people, and though you will not be returned to the White Houseâ⬠¦Ã¢â¬â¢ yet it happened contrary to the statement. ââ¬Å"And then you had the audacity to prance around in a soldierââ¬â¢s uniform on an aircraft carrier proclaiming ââ¬Å"Mission Accomplishedâ⬠. ââ¬âthe mission has really been accomplished, Saddam is no more. ââ¬Å"You did this while misleading their parents and the nation with bogus lies about weapons of mass destruction and scary phony Saddam ties to al Qaedaâ⬠. The issue was true, it was there and we knew that.
Monday, October 14, 2019
Evaluation and comparison of PepsiCo and the Coca-cola company
Evaluation and comparison of PepsiCo and the Coca-cola company Today Pepsi is a huge international and multibillion dollar soft-drink and snack food company second only to Coca Cola. It is hardly what Caleb Bradley had in mind when he created a soft drink formula in his North Carolina pharmacy store in 1898. In its early days Bradley sold only the syrup needed to make the Pepsi drink. Today we have countless choices of drinks and snacks all under the Pepsi name. Caleb Bradley patented his formula in 1902 and started making and selling it out of his pharmacy. He had great success with it, and production increased almost exponentially. During World War I sugar began to be rationed and prices rose over 500%. Caleb had no choice but to declare bankruptcy and sell his business to Roy C. Megargel, and investment banker, in 1928. But Megargel had very little luck with the company as well and in 1931, just three years later declares bankruptcy himself. A company by the name of Loft Inc. purchases most of the Pepsi shares and becomes a major shareholder of the corporation. After reorganizing, Pepsi begins to advertise on a massive scale. With the depression in full swing at the time Pepsi begins to sell 12 oz bottles of its product for just 5 cents compared to its competitor selling 6 oz bottle at the same price. It becomes known as the poor mans drink. It began to aggressively look to the international market, especially in Canada and Mexico. In 1934 Pepsi was finally able to open its first distribution center in an international market, Canada. From that point on the drink and the name had nowhere to go but up. New products were added to its list such as Diet Pepsi, Pepsi Free, etc. In 1965 Pepsi joined forces with a large snake food industry know as Frito Lay. Thanks to this merger the company was able to make for the first time $1 billion in sales, its first but certainly not its last. Pepsi also become purchasing fast food restaurants such as Taco Bell, Kentucky Fried Chicken and Pizza Hut. But in 1997 it spun off these fast food chains into another company. Today Pepsi make over $40 billion a year and this number is increasing every year. The brand name alone is worth over $12 billion which puts it in the top 20 most valuable names in the world. There seems to be no stopping this giant in the soft drink industry, but every company has a rival and Pepsi has some very powerful ones. PepsiCo and The Coca Cola Company Performance Ratio Comparisons: PepsiCo Inc Fiscal Year 2009 Profitability Growth Cash Flow Financial Health Efficiency Ratios Ratio Comparisons: The Coca Cola Company Ratio Comparisons Profitability Growth Cash Flow Financial Health Efficiency Ratios Stock Charts: PepsiCo Inc 3 month stock chart 6 month stock chart 1 year stock chart Stock Charts: The Coca Cola Company 3 month stock chart 6 month stock chart 1 year stock chart Stock Prices: PepsiCo Inc Stock Prices: The Coca Cola Company Development: PepsiCo Inc Product Add more than 200 product variations a year to keep up with changes in consumer taste New Age beverages SoBe No Fear (energy drink) SoBe Synergy (targeted to school-aged children) SoBe Fuerte (Hispanic market) Propel Fitness Water Obesity concerns Low-carb Doritos, Cheetos, and Tostitos Health concerns Natural and organic chips Hispanic markets Popular brands from a Mexican subsidiary (Sabritones Chile and Lime puffed wheat snacks) Culture Pepsi Refresh Project Pepsi is awarding grants from $5,000 to $250,000 to consumer-generated ideas that will make a positive impact in the world. The program launched on January 13, 2010 and will award more than $20 million in 2010 to move communities forward. Aug 27, 2010 CVS Pharmacy and Boundless Playgrounds Join the Refresh Challenge to Support Children of All Abilities Current Developments Aug. 4, 2010 PepsiCo announces company is investing USD $3 million over next three years to create Agricultural Development Center of Peru (CEDAP), which will develop new varieties of potatoes and other tubers and roots. This is meant to develop new and healthier products and to encourage commercial cultivation of these species in ways that preserve biodiversity Aug 16, 2010 PepsiCo announces plan to invest USD $250 million in Vietnam over next three years. New investment includes increasing manufacturing capacity, adding marketplace equipment, further strengthening brands, and broadening companys product portfolio via innovation Market Differentiation Strategy Industry-leading Nutrition Goals Reduce the average saturated fat per serving in key global food brands in key markets by 15% by 2020 Reduce the average added sugar per serving in key global beverage brands in key markets by 25% by 2020 Reduce the average sodium serving in key global food brands in key markets by 25% by 2020 Increase whole grains, fruits and vegetables, nuts, seeds, and low-fat dairy in its product portfolio Environmental Goals Provide access to safe water to three million people in developing countries by the end of 2015 Reduce packaging weight by 350 million pounds by 2012 Work to eliminate all solid waste to landfills from PepsiCos production facilities Commit to an absolute reduction in greenhouse gas emissions across global operations Future Pepsico hopes to revive Quaker with new products Pepsi plans to cut sodium by one-fourth in key brands in five years, and cut sugar per serving in drinks by 25 percent in the next 10 years. Development: The Coca Cola Company Product Calorie concerns 2006 Enviga, negative calorie green tea drink 2007 Glaceau (Vitamin Water) 2009 90-calorie mini can (7.5 fl oz) Culture Live Positively Cokes project to help make a positive difference in the world through sustainability with focuses on climate protection, balanced living, education, and community Give It Back Recycling Program Coca Cola is asking for its consumers to return the cans and plastic bottles of Coke they buy in order to make backpacks, t-shirts, rugs, etc. Aug 24, 2010 Coca-Cola workers strike in Bellevue Sept 1, 2010 Strike announced at Edmonton Coca Cola factory Current Developments Sept 7, 2010 Coca Cola Enterprises plans to sell its North American business to Coca Cola Co in the fourth quarter Aug 30, 2010 Coca-Cola West (Japan) to buy vegetable juice maker Qsai for $421 million Coca Cola Freestyle A touch screen soda fountain with over 100 different Coca-Cola beverage products and custom flavors. Market Differentiation Strategy Future Coca Cola drinks in Japan made from Kale, a nutrition but not very tasty vegetable, may turn up in stores Coca Cola buys major Russian juice producer Nidan Company Comparison In PepsiCos 2009 Annual Report to shareholders, it identifies a plethora of competitors. Notable competitors include Dr. Pepper Snapple Group, Inc., Nestlà ©, and Kellogg. However, no rivalry is longer or larger than the one between PepsiCo and Coca-Cola. Not only are these two the first and second largest food and beverage companies in the world, these two have a vested interest in keeping the competition alive. In this industry, where margins and market share determine profitability, marketing plays a vital role in bringing in creating new loyal customers and maintaining the old ones. And both of these companies have benefited from the marketing of the other. Product Comparison Its easy to compare these two companies given the similarity in their products. Both have well-known brands for soda, sports drinks, juices, and water. They both also see the benefit in vertically integrating their supply chain. While PepsiCo chose to purchase its two largest bottlers, The Coca-Cola Company has continued to hold a large share in their bottling companies. These companies compete on a product by product basis as is detailed in the chart below. It is important to note that one key line is not included, popular snacks. PepsiCo has acquired a multitude of brand named snack companies including Frito-Lay while Coca-Cola while having over 3,000 different beverages sells only that, beverages. This has helped PepsiCo diversify and increase its sales and market compared to Coca-Cola. PepsiCo The Coca-Cola Company Bottling Acquired Pepsi Bottling Group and PepsiAmericas Owns 34% share of Coca-Cola Enterprises and 32% share of Coca-Cola FEMSA Soda Pepsi, Mountain Dew, and Mug Coca-Cola, Fanta, and Sprite Sports Drink Gatorade Powerade Orange Juice Tropicana Minute Maid Water Aquafina Dasani and Evian Size and Profitability Comparison As much as PepsiCo tries to compete on the same grounds as The Coca-Cola Company, for the time being Coca-Cola is still the leader in many ways financially. For one, PepsiCo is significantly smaller than The Coca-Cola Company. In 2009, PepsiCos Market Capitalization was only 80% of Coca-Colas. Furthermore, the Coca-Cola Company has continued to sell more efficiently than PepsiCo. In 2009, all of Coca-Colas profit ratios were significantly greater than PepsiCos. Perhaps this is partially explained by the greater number of employees PepsiCo employees. PepsiCo is winning out on top line growth however, with more than $10B in sales last year alone. PepsiCo The Coca-Cola Company Stock Ticker PEP KO Headquarters Purchase, NY Atlanta, GA 2009 Number of Employees 203,000 92,800 2009 Market Capitalization $103 B $130 B 2009 Sales $43.2 B $31.0 B 2009 Gross Profit Margin 53.5% 64.2% 2009 Operating Margin 18.6% 26.6% 2009 Net Profit Margin 13.8% 22% Investment Comparison At first glance, PepsiCo and Coca-Cola may seem like they are about equal when it comes to what stockholders are looking at. Shareholders want a maximum return on their investment either through an increased stock price or dividends. Given that PepsiCo and Coca-Cola are both seen as value stocks by most investors, the amount they provide in dividends is of significant importance. Given PepsiCos higher Dividends per Share in this category regardless of how small is worth noting. (2009) PepsiCo The Coca-Cola Company Dividends per Share $1.77 $1.64 EPS $3.86 $3.18 P/E 16.61 17.66 Qualitative Comparison But a company is more than just its numbers. A companys qualitative features like its core values and growth plans for the future are of equal importance. Both PepsiCo and Coca-Cola are interested in expressing a commitment to health, but they do it in significantly different ways. PepsiCos interest in health is centered around sustainability. They highlight their three commitments to human, environmental, and talent sustainability whereas Coca-Cola takes a more human centric view on health. It is specifically trying to promote a healthy lifestyle through education, nutrition information, and exercise. Both are trying to fight the obesity epidemic and offer healthier choices, but their ways vary. The Decision to Invest Industry Analysis Before deciding whether or not to invest in PepsiCo, one must investigate if now is the time to investigate in its industry. The difficulty in studying PepsiCos industry is that it falls into a couple of industries. The Business Company Resource Center returned eight possible industries, but the most salient one and the one PepsiCo aligns most with is the Bottled Canned Soft Drinks Industry. The good news for PepsiCo is that the soft drinks industry is now and is projected to remain extremely concentrated. PepsiCo, along with Coca-Cola, are either the cause or effect of this trend and have helped lead the United States to be the number producer and consumer of soft drinks. But this market is heavily saturated, and the regions projected to be able to offer the most growth in the next decade are the Asian and South America markets. By targeting these groups and catering to their cultural expectations, significant returns can still be made. The biggest challenge for the industry going forward is addressing the growing concern that soft drinks are causing an obesity epidemic. By offering healthier alternatives, or perceived healthier alternatives such as diet colas, juices, and bottled water, this can be overcome. The significant investment that Pepsi has made in its campaign to promote a healthier lifestyle will also not go unnoticed. The number one ingredient in soft drinks may become more difficult to obtain. The supply of water, the largest ingredient in almost all of Pepsis products, could become more strained as pollution and droughts continue to plague the resource. Developing a plan to share and conserve this resource and addressing all the growing concerns over its supply will be important for Pepsi. Management Analysis No company can be successful long term without the right management team. PepsiCos committed CEO has been with the company for almost two decades in a variety of strategic and operational leadership positions. She has a firm understanding of the industry as well the growth strategy that she has been implementing for years. Perhaps more important than what PepsiCos leadership is known for, is what they arent known for. No member has gained public attention for unethical financial decisions or misdoings. What else should be included here? Expert Opinions February 20, 2008 While many companies saw business decline in the fourth quarter, PepsiCo met expectations even after investing heavily abroad for growth. It posted a 17% gain in revenue and an 11% increase in operating profit as core brands came through. The company had double-digit growth in snacks and drinks in emerging markets. (article from 2008) http://articles.moneycentral.msn.com/Investing/CompanyFocus/WhyPepsiCoStockIsABuyNow.aspx April 14, 2010 Coke or Pepsi: Which stock to buy? The ability to leverage sales across a wider variety of products will be a powerful driver for PepsiCo here and overseas. This is referring to PepsiCo and snack items http://articles.moneycentral.msn.com/learn-how-to-invest/coke-or-pepsi-which-stock-to-buy.aspx Summary
Sunday, October 13, 2019
Is the Common Agricultural Policy Prepared for the 2004 Enlargement? :: European Union Politics Political Essays
Is the Common Agricultural Policy Prepared for the 2004 Enlargement? The voluntary cooperation among the European nations has survived numerous political and economic turbulences since its general inception after World War II. Fifty-five years ago, the Marshall Plan was proposed, leading to todayââ¬â¢s European Union (EU) which seeks an ââ¬Å"ever closer union among the European peoples.â⬠The Enlargement of 2004 will integrate ten more European countries into the framework of the EU. As the number of member states rise from 15 to 25, is the EU prepared to handle the shock of adding ten poor nations whose economical structure differs from its own? No, it is not. The most significant threat of the Enlargement, thus far, revolves around the European Unionââ¬â¢s Common Agricultural Policy (CAP). The EU recognizes that it will suffer tremendous economic consequences if it is not fully prepared to handle the effects of integrating the poor agricultural countries. Thus it has been attempting to reform the CAP. But the revision of the EUââ¬â¢s agricultural policies and budget expenditures in the past decade has farmers and other agricultural workers worrying about the effects of the 2004 Enlargement. There is a need to overhaul the current Common Agricultural Policy to make acquis communautaire, acceptance of current EU laws and regulations, more attainable and to adjust the agricultural sectorââ¬â¢s share of the EUââ¬â¢s budget to more accurate levels in proportion to the European workforce. This paper briefly examines the European Unionââ¬â¢s CAP origins, evolution, and current Enlargement focus. Recent 2002 changes adopted by the EU in Brussels and CAP reforms for achieving an ââ¬Å"ever closer unionâ⬠with the candidate countries will be addressed. Introduction One of the European Unionââ¬â¢s strengths lies in its success with market integration of its member states to achieve a political union and attain peace and prosperity. The Common Market was established by actively removing barriers that affected trade among the member states. This economic relationship between the European nations was extended to the agricultural sector via the Common Agricultural Policy. The Common Agricultural Policy has been noted as a structural foundation of the European Union. The adoption of the CAP has allowed Europe to shift from being a major food importer to a major exporter. Since the 1950s and 1960s, the CAP remains an economic burden on the EU budget due to its large share of the budget expenditure.
Saturday, October 12, 2019
Trifles Essay examples -- essays papers
Trifles Trifles, written in the early 1900ââ¬â¢s by Susan Glaspell, is a one-act play illustrating how women can overreact to their own emotions, allowing these emotions to cloud their judgment. This is shown by describing the feelings of two women who are willing to defend a suspect, blame the victim, and go so far as to hide evidence, to protect another woman from being charged with murdering her husband. Mrs. Wright is the suspect in the murder of her husband, who was strangled in his sleep, found with the rope still around his neck. The sheriff and an attorney are examining Mrs. Wrights home for evidence. Mr. Henderson, the attorney, speaking of Mrs. Wright says, ââ¬Å"Hereââ¬â¢s a nice mess, ..Dirty towels! Not much of a housekeeper, would you say, ladies?â⬠(Kirszner & Mandell 1166) Mrs. Hale, the suspects neighbor, defends Mrs. Wright immediately saying, ââ¬Å"Thereââ¬â¢s a great deal of work to be done on a farm. Those towels get dirty awful quick. Menââ¬â¢s h ands arenââ¬â¢t always as clean as they might be.â⬠(1166) She says this even though she hardly knows Mrs. Wright. She admits this when she says, ââ¬Å"Iââ¬â¢ve not seen much of her of late years. Iââ¬â¢ve not been in this house ââ¬â itââ¬â¢s more than a year.â⬠(1166) Even so, Mrs. Hale feels protective toward Mrs. Wright and defends her. Mr. Peters, the sheriff, and Mr. Henderson, go upstairs to look for a motive. Mrs. Hale is left talking to Mrs. Peters, the sheriffââ¬â¢s wife, and they begin to put themselves in the shoes of the suspect. Th...
Friday, October 11, 2019
Breach of Contract & Remedies Essay
A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard v Spiers and Bettini v Gye. Anticipatory breach occurs where one party announces, in advance of the due date for performance, that he intends not to perform his side of the bargain. The innocent party may sue for damages immediately the breach is announced. Hochster v De La Tour is an example. Effects of breach A breach of contract, no matter what form it may take, always entitles the innocent party to maintain an action for damages, but the rule established by a long line of authorities is that the right of a party to treat a contract as discharged arises only in three situations. The breaches which give the innocent party the option of terminating the contract are: (a) Renunciation Renunciation occurs where a party refuses to perform his obligations under the contract. It may be either express or implied. Hochster v De La Tour is a case law example of express renunciation.à Renunciation is implied where the reasonable inference from the defendantââ¬â¢s conduct is that he no longer intends to perform his side of the contract. For example: Omnium Dââ¬â¢Enterprises v Sutherland. (b) Breach of condition The second repudiatory breach occurs where the party in default has committed a breach of condition. Thus, for example, in Poussard v Spiers the employer had a right to terminate the sopranoââ¬â¢s employment when she failed to arrive for performances. (c) Fundamental breach The third repudiatory breach is where the party in breach has committed a serious (or fundamental) breach of an innominate term or totally fails to perform the contract. A repudiatory breach does not automatically bring the contract to an end. The innocent party has two options: He may treat the contract as discharged and bring an action for damages for breach of contract immediately. This is what occurred in, for example, Hochster v De La Tour. He may elect to treat the contract as still valid, complete his side of the bargain and then sue for payment by the other side. For example, White and Carter Ltd v McGregor. Introduction to remedies Damages is the basic remedy available for a breach of contract. It is a common law remedy that can be claimed as of right by the innocent party. The object of damages is usually to put the injured party into the same financial position he would have been in had the contract been properly performed. Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as specific performance and injunction) may be awarded. Damages 3.1 Nature: The major remedy available at common law for breach of contract is an award of damages. This is a monetary sum fixed by the court to compensate the injured party.à In order to recover substantial damages the innocent party must show that he has suffered actual loss; if there is no actual loss he will only be entitled to nominal damages in recognition of the fact that he has a valid cause of action. In making an award of damages, the court has two major considerations: Remoteness ââ¬â for what consequences of the breach is the defendant legally responsible? The measure of damages ââ¬â the principles upon which the loss or damage is evaluated or quantified in monetary terms. The second consideration is quite distinct from the first, and can be decided by the court only after the first has been determined. 3.2 Remoteness of loss The rule governing remoteness of loss in contract was established in Hadley v Baxendale. The court established the principle that where one party is in breach of contract, the other should receive damages which can fairly and reasonably be considered to arise naturally from the breach of contract itself (ââ¬Ëin the normal course of thingsââ¬â¢), or which may reasonably be assumed to have been within the contemplation of the parties at the time they made the contract as being the probable result of a breach. Thus, there are two types of loss for which damages may be recovered: 1. what arises naturally; andà 2. what the parties could foresee when the contract was made as the likely result of breach. As a consequence of the first limb of the rule in Hadley v Baxendale, the party in breach is deemed to expect the normal consequences of the breach, whether he actually expected them or not. Under the second limb of the rule, the party in breach can only be held liable for abnormal consequences where he has actual knowledge that the abnormal consequences might follow or where he reasonably ought to know that the abnormal consequences might follow ââ¬â Victoria Laundry v Newman Industries. 3.3 The measure (or quantum) of damages In assessing the amount of damages payable, the courts use the following principles: The amount of damages is to compensate the claimant for his loss not to punish the defendant. Damages are compensatory ââ¬â not restitutionary. The most usual basis of compensatory damages is to put the innocent party into the same financial position he would have been in had the contract been properly performed. This is sometimes called the ââ¬Ëexpectation lossââ¬â¢ basis. In Victoria Laundry v Newman Industries, for example, Victoria Laundry were claiming for the profits they would have made had the boiler been installed on the contractually agreed date. Sometimes a claimant may prefer to frame his claim in the alternative on the ââ¬Ëreliance lossââ¬â¢ basis and thereby recover expenses incurred in anticipation of performance and wasted as a result of the breach ââ¬â Anglia Television v Reed. In a contract for the sale of goods, the statutory (Sale of Goods Act 1979) measure of damages is the difference between the market price at the date of the breach and the contract price, so that only nominal damages will be awarded to a claimant buyer or claimant seller if the price at the date of breach was respectively less or more than the contract price. In fixing the amount of damages, the courts will usually deduct the tax (if any) which would have been payable by the claimant if the contract had not been broken. Thus if damages are awarded for loss of earnings, they will normally be by reference to net, not gross, pay. Difficulty in assessing the amount of damages does not prevent the injured party from receiving them: Chaplin v Hicks. In general, damages are not awarded for non-pecuniary loss such as mental distress and loss of enjoyment. Exceptionally, however, damages are awarded for such losses where the contractââ¬â¢s purpose is to promote happiness or enjoyment, as is the situation with contracts for holidays ââ¬â Jarvis v Swan Tours. The innocent party must take reasonable steps to mitigate (minimise) his loss, for example, by trying to find an alternative method of performance of the contract: Brace v Calder. 3.4 Liquidated damages clauses and penalty clauses If a contract includes a provision that, on a breach of contract, damages of a certain amount or calculable at a certain rate will be payable, the courts will normally accept the relevant figure as a measure of damages. Such clauses are called liquidated damages clauses. The courts will uphold a liquidated damages clause even if that means that the injured party receives less (or more as the case may be) than his actual loss arising on the breach. This is because the clause setting out the damages constitutes one of the agreed contractual terms ââ¬â Cellulose Acetate Silk Co Ltd v Widnes Foundry Ltd. However, a court will ignore a figure for damages put in a contract if it is classed as a penalty clause ââ¬â that is, a sum which is not a genuine pre-estimate of the expected loss on breach. This could be the case where: 1. The prescribed sum is extravagant in comparison with the maximum loss that could follow from a breach. 2. The contract provides for payment of a certain sum but a larger sum is stipulated to be payable on a breach. 3. The same sum is fixed as being payable for several breaches which would be likely to cause varying amounts of damage. All of the above cases would be regarded as penalties, even though the clause might be described in the contract as a liquidated damages clause. The court will not enforce payment of a penalty, and if the contract is broken only the actual loss suffered may be recovered (Ford Motor Co (England) Ltd v Armstrong). Equitable remedies 4.1 Specific performance This is an order of the court requiring performance of a positive contractual obligation. Specific performance is not available in the following circumstances: Damages provide an adequate remedy. Where the order could cause undue hardship. Where the contract is of such a nature that constant supervision by the court would be required, eg, Ryan v Mutual Tontine Association. Where an order of specific performance would be possible against one party to the contract, but not the other. Where the party seeking the order has acted unfairly or unconscionably. He is barred by the maxim ââ¬ËHe who comes to Equity must come with clean handsââ¬â¢. Where the order is not sought promptly the claimant will be barred by the maxims ââ¬ËDelay defeats the Equitiesââ¬â¢ and ââ¬ËEquity assists the vigilant but not the indolentââ¬â¢. In general the court will only grant specific performance where it would be just and equitable to do so. 4.2 Injunction An injunction is an order of the court requiring a person to perform a negative obligation. Injunctions fall into two broad categories: Prohibitory injunction, which is an order that something must not be done. Mandatory injunction, which is an order that something must be done, for example to pull down a wall which has been erected in breach of contract. Like specific performance it is an equitable remedy and the court exercises its discretion according to the same principles as with specific performance, eg, Page One Records Ltd v Britton and Warner Brothers v Nelson.
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