The Law of Tort and Business Contracts - 3325 Words

Law of Tort and Business Contracts Introduction According to law, tort occurs when a person fails to observe duty imposed on one by law, to ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets. Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144). First case analysis: Rare Plants Limited In the first scenario of the case, an elderly/disabled member of a coach party slips on a pathway and breaks a leg. After the accident, the member spends time in hospital (8 weeks) and suffers considerable pain during treatment. In this case, the home care is liable to ensure the residents are safe when on the premises. Knowing the premise users are elderly and disabled, the owner will be liable when it is foreseen or contemplated that the actions and omissions may lead to the injury of the residents. The owner of the home care owed the residence a duty of care. From the given scenario, the owner is liableShow MoreRelatedCommon Law Torts: Elements and Defenses Essay1579 Words   |  7 Pagescome into play. This catapults the proliferation of tort laws. Tort laws incorporate laws that govern private civil wrongs. For this reason, torts law serves as a remedy to a person who is wronged or harmed. This research paper accentuates the importance of common law torts in a dynamic economic environment as mitigation measures to curb escalating business challenges. Common Law Torts: Elements and defenses Since the time immemorial, various laws continue to be put in place to safeguard moralityRead MoreTorts and Contract Liabilities and Ways to Avoid Them1419 Words   |  6 PagesRunning Head: TORTS AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liabilityRead MoreTort Liability and Contract Liability.1484 Words   |  6 PagesTort Liability and Contract Liability A tort is a legal term for a wrong. The tort law is composed of state statutes and court decisions that gives one the right to sue someone who causes harm to them, whether its a drunk driver, a corporation that manufactures a defective product, a credit card company that overcharges you, or a government bureaucrat that breaks the law or a school official such as a teacher or principal. The law of the state in which the school is located determines a schoolsRead MoreAspect of Contract and Negligence of Business 1095 Words   |  4 Pages Unit: 5 Aspect of Contract and Negligence of Business Assignment Cover Sheet Assignment No: 1 I hereby confirm that this assignment is my own work. I have identified and acknowledged all sources used in this assignment and have referenced according to the Harvard referencing system. I have read and understood the Plagiarism and Collusion section provided with the assignment brief and understood the consequences of plagiarising. Table content: Read MoreIRAC Brief1018 Words   |  5 Pagesï » ¿ IRAC Brief Law/531 Facts of the Case According to  United States District Court District of Massachusetts  Civil Action 11-10313-GAO  (2013), Anderson, Silva, Johnson and Funches contracted through a limited liability company by the name of SLS to perform delivery services work on behalf of HDA (United States District Court District of Massachusetts,  2013). Plaintiffs Case Each driver was provided with their truck Trucks provided to the contractors bore Sears Logo Uniforms bore bothRead MoreContractual and Non Contractual Liability1278 Words   |  6 PagesLiability I. Contract A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchange consideration to create mutuality of obligation. Contracts may be bilateral or unilateral. A bilateral contract is an agreement in which each of the parties to the contract makes a promiseRead MoreTortious Liability955 Words   |  4 PagesTOPIC: WHAT IS TORT, AND TORTIOUS LIABILITY ? From a legal standpoint, a tort is a private or civil wrong or injury (other than a breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). For example, when a person violates his/her duty to others created under general (or statutory) law, a tort has been committed. Tort law relies heavily on the common law, the legal opinions of the Courts, general trends in the community, and legal scholarshipRead MoreThe Law Of Obligation Is A Private Law1672 Words   |  7 PagesThroughout history, the law of obligation has held such prodigious value in the face of private law. Being the heart of both Contract and Tort law, it is a pervasive phenomenon of our social life. Both Tort and Contract law protect the rights, and ‘that protection cannot be legitimately compromised to achieve the aim of just distributing’ . This proposition may be true in the late 19th century, in the present time, however, the law of obligation has be en ‘built on the law of its predecessors, manipulatingRead MoreCase Study : Albert And Baker1152 Words   |  5 Pages1. Albert and Baker have considered the merits of forming the company as a general partnership, thus a co-ownership of a business for profit. Under the Uniform Partnership Act, hence a model act that codifies partnership law, Albert and Baker’s respective rights to any profits of the company would be an equal share. According to Cheeseman, â€Å"Partnership agreements often provide that profits and losses are to be allocated in proportion to the partners’ capital contributions. The right to share inRead MoreBUGusa Inc. Worksheet1168 Words   |  5 Pagesï » ¿ October 21, 2013 LAW/421 University of Phoenix Material BUGusa, Inc., Worksheet Use the scenarios in the Bugusa, Inc., link located on the student website to answer the following questions. Scenario: WIRETIME, Inc., Advertisement Has WIRETIME, Inc., committed any torts? If so, explain. WIRETIME has committed Defamation in the form of trade libel against BUGusa, Inc. by taking out a print ad in an industry magazine (University of Phoenix, 2013). According to

Why Was There a Struggle Between the Bourgeoisie and the...

Why, according to Marx and Engels in The Manifesto of the Communist Party, was there inevitably struggle between the bourgeoisie and the proletariat, which would create the preconditions for socialism? ___________________ The theories of Karl Marx have influenced some of the world’s greatest thinkers. Marx’s idea of the inevitable class struggle within capitalism and consequent place for a socialist society is professed within ‘The Manifesto of the Communist Party.’ It is necessary to explore why Marx and Engels believed class conflict to be unavoidable in order to understand why the preconditions for socialism could be established. It is clear that economics is at the heart of Marxist thought and it can be arguably suggested that†¦show more content†¦The nature of capitalism meant the bourgeoisie needed to exploit their workers in order to make a surplus. If they didn’t do this they would fall themselves into the proletariat and their employees would work for someone who would. This made the situation of the proletariat all the more dire. Marx expressed this view when he defined the proletariat as â€Å"a class of labourers, who live only so long as they fi nd work, and who find work only so long as their labour increases capital† (page 8). This meant that the chances of a proletariat had to advance into a higher economic class were reduced and a further polarisation of classes would develop. This meant that a class struggle was inevitable if one views Marx’s theory as one of ‘group-formation’ as is explored by Reinhard Bendix in his study of Marx. Bendix suggests that in Marx’s view â€Å"ruling classes are aware of their common interests and have the organizational means to promote them, while oppressed classes still seek to achieve class consciousness and organizational cohesion.† Hence due to a lack of class consciousness the proletariat continue to struggle. This was inevitable, according to Bendix view of Marx, due to the nature of the oppressed classes. A similar idea that causes inevitable class conflict mentioned again by Bendix is that a â€Å"lack of acquaintance and competing interes ts divided the workers amongst them-selves. Although all of them lived a starkly deprived life, theirShow MoreRelatedOrganisational Theory230255 Words   |  922 Pageswith a wealth of organizational concepts and theories as well as provides insightful examples from the practical world of organizations. The authors’ sound scholarship and transparent style of writing set the book apart, making it an ingenious read which invites reflexivity, criticalness and plurality of opinion from the audience. This is a book that will become a classic in organization studies. Mihaela L. Kelemen, Professor of Management Studies, Keele University, UK An unusually rich and deep philosophical

The Problem of Obesity free essay sample

The Problem of Obesity Western Governors University Collegiate Level Reasoning and Problem Solving James Reed The Problem of Obesity Obesity is a major problem in American. Year after year, new diets are published, and new medications are hailed as wonder drugs that will take weight off with little physical effort, yet the problem still exists unabated. In testimony before the US Congress, Berzins (2001) asserted that, â€Å"[weight] is a complex result of heredity, culture and lifestyle. † According to Rosin (2004), â€Å"About one-third of the U. S. opulation is 20 percent or more overweight and is therefore at risk of suffering high cholesterol, high blood pressure, and other cardiovascular diseases. † Finding the best way to deal with obesity in America is also a problem. Since it is an open-ended problem, there is no certain solution. Some of the factors that impact the complexity of the problem of obesity are healthcare costs to treat obesity-related diseases, se cond-hand diseases which arise from obesity, such as diabetes and hypertension, and the fact that there has never been a successful treatment found for obesity. Biases and assumptions about the topic of obesity include believing or not believing genes play a role in this condition, the idea that it is all right to eat more calories, as long as one is on a low fat diet, and perhaps the most cliched of all, that â€Å"Overweight persons are†¦unhealthy, unattractive, asexual, weak-willed, lazy and gluttonous† (Smith, 1996). In a certain way, we face persons and environments affected by obesity every day. Our whole American society, for example, places too much value on physical appearance. But the obese themselves may include those with sedentary lifestyles who do not get the physical activity they need and then rely on television for entertainment. They may be partial victims of a culture filled with â€Å"quick fix† remedies for being overweight or a portion of the population who are constantly looking for a miracle cure. One major ambiguity regarding obesity in America is the differing definitions people apply to the term. Some would define a person who is visibly round, but not struggling to climb a flight of steps, obese. The clinical definition of besity is a Body Mass Index of 30 or higher, but most who use the word will not be referencing it in the clinical sense. There is no one clear cut definition of obesity in our society, which makes the word ambiguous. Another major ambiguity is that no consensus has been reached as for how great an impact the condition has on our health. Smith (1996) asserts that â€Å"†¦there is no evidence that obesity sig nificantly decreases longevity. † Conversely, Farley Cohen (2004) exclaim â€Å"†¦at the rate Americans are dying, we’d better start treating obesity like an infectious epidemic. This inconsistent diagnosis serves to make the threat level of obesity ambiguous. Gaesser (2004) asserts that one does not need to be lean in order to be fit. He cites coronary artery disease, the number one killer in America, as an example. Logic should dictate that obesity would be a major cause of this problem, assuming fat on the body begets fat in the blood stream and arteries. But research done at the University of Tennessee, in which coronary angiograms of 4,500 men and women were analyzed, showed the risk of clogged arteries lessened as weight increased (2004). It’s just that body weight, and even body fat for that matter, do not tell us nearly as much about our health as lifestyle factors, such as exercise and the foods we eat† (Gaesser, 2004). Health problems can be corrected without losing any weight at all. The New England Journal of Medicine published a study in 1997 that showed 133 men and women with high blood pressure lowered their systolic blood pressure an average of 11. 4 mmHg simply by eating more fruits, vegetables and using low fat dairy products, yet they had no weight loss. This shows that â€Å"a heavier-than-average person who is physically fit has a better chance of living a long life than does a thin coach potato† (2004), and supports his statement that one does not need to be lean in order to be fit Gaesser’s conclusion is that personal responsibility for one’s food choices and exercise regimen have more impact on health than obesity does. His assertion that one can be fit without being lean is pragmatic. Its limitation is that not many people will accept this prudent advice. We value physical beauty, which is equated to being thin, too much in our society. Cohen and Farley (2004) point out that in 1991, researchers at St. Luke’s Hospital in New York estimated obesity killed 325,000 Americans annually. In addition to the human toll, the cost of caring for patients with obesity- related diseases exceeded $70 billion annually, for which the government pays about half (2004). Cohen and Farley feel the situation is so dire, â€Å"we’d better start treating obesity like an infectious epidemic† (2004). They note that all methods the medical community has prescribed to fight obesity have failed, and that â€Å"most drugs tested as obesity cures have been so dangerous that the FDA has kept them off the market or withdrawn them after approval† (2004). The strength of their evidence is that it gives urgency to the issue. Cohen and Farley feel a favorite remedy of health professionals concerning obese patients is to recommend diet and exercise, which is prescribed to get a patient to a more desirable weight in the short run, but what this population needs is a healthy diet and physical activity as part of their everyday life. Our sedentary lifestyle contributes greatly to the obesity â€Å"epidemic. † Cohen and Farley assume that more government involvement will be a better way of dealing with obesity in America. They assume that if the number of sidewalks and bike paths are increased, people will be more inclined to exercise and drive less. However, just because more of these will be built does not ensure they will be used by the public. They believe the government should impose a tax on food they deem detrimental to our health, regulate the ways this food is advertised, and limit its accessibility. However, at a time when both houses of congress are controlled by the Republicans, a party whose philosophy is â€Å"they who govern least govern best,† it is unrealistic to think that additional taxes and bureaucracy will be considered an effective strategy. The authors propose a three step solution to the problem. First, initiate a â€Å"twinkie tax† on sodas and junk food. Next, the food industry should be regulated, even if it only comes in the form of banning junk food ads aimed at children. Finally, limit the places where unhealthy foods are available â€Å"†¦through zoning and planning† (2004). The limitations of these suggestions are numerous. Americans feel overtaxed already, hence the Republican revolution we have seen in recent years. Secondly, people do not like being told what is right or wrong for them, which is what regulation insinuates. Third, in a capitalist society, why should any legitimate enterprise be subject to such an arbitrary stipulation as limiting where it can do business? Smith (1996) is the executive director of the National Association to Advance Fat Acceptance. Naturally, she argues that attempts at weight loss, through dieting or drug treatments, re usually not successful, citing a study that shows 95 percent of dieters fail to maintain weight loss over a five year period. This strong evidence corroborates her opinion that dieting is not an effective long-term tool in fighting obesity. Smith is very persuasive in stating that â€Å"†¦the diet industry’s advertising and marketing strategy is based on the creation and perpetuation of fe ar, biases and stereotypes. People of all sizes are being misled about the extent and severity of the health risks associated with being fat and are told that being thin is the only way to good health and that dieting makes people thin† (1996). She calls for obesity researchers to stop their attempts to make fat people thin and to focus on ways people can be healthier while carrying extra weight. While the government has tried to make diet companies give accurate reflections of what clients can expect from their products, Smith believes it can do more. She calls for a federal labeling and advertising act, similar to the one which was enacted for cigarettes in the early 1970s, that would ban radio and television commercials for weight loss products and diets. Additionally, she calls for a warning label on all diet products to call attention to their history of long-term ineffectiveness. One limitation to Smith’s solution is how realistic it is. A total ban on advertising would be fought tooth and nail by the diet industry, which would make the credible argument that they are only providing a product which the American public has overwhelmingly supported. Also, fighting this ban would be broadcast media, who would stand to lose millions in advertising revenue. This problem does not carry the same weight with the American public as the health risks of smoking. Contrary to Smith, Poston and Shinn (2003) believe that obesity is a serious health problem with its basis being found in food portions and lack of exercise. They cite that 55 percent of American adults are estimated to be overweight or obese (2003). The duo dispute the notion that heredity plays a significant part in determining if one will become obese, stating, â€Å"no research has established the existence of genes necessary for the development of obesity† (2003). The authors provide evidence that over-consumption is the biggest contributor to America’s weight problem. The USDA recommended serving of meat is 3 ounces, about the size of a deck of cards. Yet restaurants servings, and even cookbooks found in our homes, are almost always double this amount. However, even if you forgo dinner for the movies, â€Å"a medium size movie theatre popcorn consists of 16 cups,† when the standard serving is three (2003). There is no escape from the oversized threat. Shinn and Poston present evidence that can be interpreted two different ways. They cite less than 10 percent of American adults engage in regular physical activity, and nearly 60 percent describe a sedentary lifestyle. While they use these numbers to stress our need to increase exercise, the same evidence can be used to demonstrate that exercising is not a priority, or even a major concern, for American adults. In order to curve our oversized portions and spectator lifestyle, the authors conclude we should keep a journal of foods eaten and size of the portion, make physical activity a daily routine, and start keeping an exercise log. The obvious limitation to this solution is that if American’s do not see exercising as a priority, their sloth will also preclude them from the extra work of keeping copious notes regarding diet and exercise. Any discussion about obesity in America must include a look at junk food and fast food and their perceived role with our battle of the bulge. Rosin (2004) notes the work of Dr. Kelly Brownell, Director of Yale’s Center for Eating and Weight Disorders, who has declared, â€Å"To me, there is no difference between Joe Camel and Ronald McDonald. † Rosin states that roughly one-third of our population is at least 20 percent overweight and thus run a higher risk of obesity-related diseases, such as high cholesterol, hypertension and high blood pressure. However, she disagrees with Brownell’s belief that a fat tax should be instituted to discourage people from eating fatty foods. Rosin makes a strong case for an alternative to fat taxes by citing an experiment that used alternative pricing for various foods. Researchers in Minnesota reduced the prices at a vending machine for all snacks that had less than 3 grams of fat by 50 percent. The sale of these snacks increased by 80 percent over the next three weeks while fatty snack sales dipped slightly. The strength of this evidence is that it indicates people may eat healthier snacks when given incentives. While these results seem promising, a limitation to Rosin’s conclusion is the assumption that these sales figures will remain steady. It is one thing to try something new every once is a while, but another to incorporate this into a daily routine. Buchholz (2005) feels that fast food is getting a bad rap. He notes that currently, Americans eat about 200 calories a day more than they did in the 1970s. Where are these calories coming from? Buchholz cites a US Department of Agriculture â€Å"Continuing Survey of Food Intakes by Individuals† study, in which information on how food was purchased, prepared and where it was eaten is disseminated in conjunction with demographics. â€Å"The survey shows that the answer is as close as the nearest salty treat. Americans are not eating bigger (meals), but they are noshing and nibbling like never before† (2005). In the late 1980s, we as a society ate less than one ounce of snacks per day. However, by 1994 this number had risen to 1. 6 ounces. â€Å"Where do Americans eat most of their between-meal calories? Mostly at home,† Buchholz finds (2005). Those attacking fast food also note the portion sizes of â€Å"super sized meals. † Yet Buchholz is convincing in citing a February, 2003 study in the Journal of the American Medical Association that concluded the â€Å"†¦most surprising result [was] the large portion size increases for food consumed at home—a shift that indicates marked changes in eating behavior in general† (2005)which supports his theory that fast food is not the primary cause of obesity. Buchholz’s conclusion is that if we want a burger for lunch, we should go ahead and have one, since the weight risks of fast food appear murky. This is good news for fast food coinsurers, but the premise is limited because it does not mention anything about exercise, which must be incorporated into people’s lives if they are to be healthy. In looking at obesity in America, we must also look at how large size persons are viewed, and how they view themselves. Berzins (2001) states that prejudice against fat persons, or sizeism, is a very common problem faced by our heavier population. She relates how children as young as three, when asked to pick a friend who is either handicapped, disfigured or fat, will almost always select the fat child last. Particularly sad is how one young boy, himself overweight, stated he choose the fat friend last â€Å"because he looks just like me† (2001). Berzins wants the government to do more to help those who are overweight with their perception of self, and how others perceive them. Unfortunately, this is much easier said than done. She implores the adaptation of a policy that will â€Å"†¦promote†¦respect for a wide range of body sizes and shapes† (2001). This assumption that the government can change attitudes with policy is setting it up to fail. The history of cinema and television is filled with actors who have made careers ut of their portly physiques. From â€Å"Fatty† Arbuckle in the 1920s, to Chris Farley and Rosie O’Donnell, overweight people have always gotten laughs with self-deprecating humor. If fat people don’t treat themselves with respect, nobody else will. Berzins concludes consumer protections from the government will help. †Å"Ensure that prescription weight loss drugs such as Phen-Fen are prescribed as directed and not exploited for cosmetic or economic reason† (2001), she insists. The limitation is how can this be ensured when you are dealing with egos who will pay anything to look thin and doctors who are willing to oblige? Abuse of medicine is as old as the medical profession itself. Levine (1999) tackles the much deeper question of why people overeat. She points out that food is a major part of our lives, not just a means by which we survive. â€Å"Think about it. What do most people do when they get together? They eat. They eat brunch†¦lunch†¦dinner. What do we think of when we get together for Easter, Passover, Christmas, Thanksgiving, etc? What are we going to eat? † (1999). Levine feels that food is medicinal. Eating is to some is what a cigarette or a shot of booze is to others. She tells the story of Michael Hebranko, who was listed in the Guinness Book of Records for losing the most weight in the shortest amount of time, 735 pounds in just a year and a half. Asked why he gained all that weight back plus a little more, he answered, â€Å"I took care of the outside problem instead of the inside one† (1999). â€Å"Overeating,† Levine assumes, â€Å"has more to do with unconscious wishes and fears than anything else. Truly! Even though you are certain you want to be thin, if you are consistently overeating, unconscious wishes and fears of being thin most likely exist† (1999). The weakness of this assumption is that it is an unproven hypothesis. If there were scientific merit to support it, then it would be stronger. But all psychoanalysis is open to interpretation and uncertainty. Levine proposes a â€Å"compromise solution,† a psychoanalytic term describing how our egos find middle ground to produce the least anxiety when trying to solve a problem. Her solutionstay fat. The best solution is no solution at all. A blatant limitation is that this gives no hope to those who overeat. According to Levine, they have no control over their destiny and will never be thin, so why try? We would not tell someone who suffers from chronic depression they would never be happy so just get used to it. When it comes to a solution, I feel Gaesser’s assertion that personal responsibility is the biggest determining factor regarding obesity is correct. One may have the desire to be healthy, but without the discipline to do what is necessary, it will remain a desire. My solution is to simply educate the general public that thin is not healthy, explain proper diet and exercise are the best prevention for, and course of action against, obesity. This can be done through Public Service Announcements, school health programs, and work-related wellness programs. The limitation to this proposal is, as stated before, not everyone will heed this simple approach to good health. It calls for some work, which doesn’t coexist well with a sedentary lifestyle, which the majority of Americans report leading. Smith’s suggestion that placing warning labels on diet products, which would warn of the ineffective longevity of the same, would be a beneficial step to adopt, since there is such a misconception that dieting is an effective tool in battling weight. The warning labels are in fact a type of education, which I advocate. However, there is no guarantee a warning would influence everyone. Shinn Poston’s meticulous program of keeping information on food intake and exercise is also a valid approach to see how easy it is to get off track while trying to take proper care of oneself. Taken in conjunction with other measures, these steps may help many cease the endless cycle of weight loss due to dieting, and the almost inevitable weight gain, or yo-yo dieting. Limitations include the resistance of diet companies to be forthcoming about their product’s long term effectiveness, and the extra work required to keep diet and exercise records. To encourage healthier eating habits, at least where snacking is concerned, I propose tweaking the experiment Rosin described in which healthier snacks were provided at a discount. Keep the ten best-selling fatty snacks and candy bars in public vending machines, and then raise the amount of healthy options and offer a discount on them. Limitations include only short-term positive results with this experiment, and certain reluctance by the operators of these machines to give up proven money makers and to provide discounts. Berzins hopes that the government will enact a policy in which all body types are respected. While we can never force people’s attitudes about others to change, we can teach self-respect for those who face weight issues. Diverse body types are inbedded in nature. Some people are always going to be larger than the general populace, but this does not mean they should be made to feel ashamed, inadequate or inferior. She presents a Canadian model called â€Å"Vitality,† which was a nation-wide public awareness campaign with the slogan, â€Å"Enjoy eating well, being active, and feeling good about yourself,† which focuses on health instead of weight. Limiting the effectiveness of this theory is the fact that low self-esteem and weight issues commonly go hand in hand. It may well be just as difficult to change attitudes about self as it is to change attitudes about others. To help with the psychological issues of obesity, mentors, or life coaches should be available through the education program to offer encouragement and affirmation. A limitation of this model might be that those helping would not be mental health professionals. My solution is strong because it contains my own opinion about educating the public and adaptations of some of the authors’ suggestions to create a more comprehensive approach than offered by any of the individual authors. I use Gaesser’s realistic assertion that one’s health is mostly an issue of self responsibility, and that it is more important to be fit at a larger weight than to be unfit and thin. I also echo Smith’s declaration that dieting, in the long run, is not beneficial for the vast majority who use it, misguidedly, as a means for fitness and weight loss—a very realistic approach to this aspect of the problem. My inclusion of tax incentives to encourage food companies to produce healthier snacks and sell them at a reduced price is a strategy that will add to the others, confronting obesity from a variety of ways. I understand that this is still an open-ended problem, and others will have differing opinions on how to address obesity. My solution will be a useful approach, since there has never been a proven cure for obesity. Ultimately, any person who understands their personal responsibility regarding diet and exercise habits will most likely be more successful in addressing their obesity problem. References Berzins, L. (2001). The government can help prevent eating disorders. In. A. Ojeda. Opposing Viewpoints Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Buchholz, T. (2005). Fast food is not the primary cause of obesity. In. A. Ojeda (Ed. ) At Issue Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Cohen, D. Farley, T. 2004). Obesity is a serious health problem. In. A. Ojeda. Opposing Viewpoints Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Gaesser, G. ( 2004) The health risks of obesity have been exaggerated. In. A. Ojeda ( Ed. ) Opposing Viewpoints. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/se rvlet/OVRC Levine, M. (1999). Why people overeat. In. A. Ojeda (Ed. ) Contemporary Issues Companion Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Poston, C. Shinn, E. (2003). The problem of obesity. In. A. Ojeda. Teen Decision Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Rosin, H. (2004). Junk-food taxes may encourage people to eat healthy foods. In. A. Ojeda (Ed. ). Health: Opposing Viewpoints. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC Smith, S. (1996). Weight loss treatments are harmful and unnecessary. In. A. Ojeda (Ed. ) Opposing Viewpoints Series. Greenhaven Press. Retrieved on July 15, 2006 at http://galenet. galegroup. com/servlet/OVRC

The Williams Family for Genogram- myassignmenthelp.com

Question: Discuss about theWilliams Family for Genogram. Answer: Family history of postnatal depression. Hannahs mother suffered from postnatal depression after the birth of Hannah. Her mother is very supportive and is looking forward to take care of her grandchild. Stevens conflictual relationship with her father. His father was a harsh disciplinarian, who used to hit him with belt occasionally if he misbehaved. Limited support systems. Due to recent relocation the family have not met many people in the locality. Discontinued sexual relationship. Due to Hannahs caesarean section delivery she has declined any sexual relationship with Steven lately, although Steven is supportive of the decision. Stevens financial concerns, as Hannah has stopped working and has employed a paid manager to look after her boutique business. Hannah is concerned on how she would manage two little children, while her husband is away working. The strength based perspective in nursing practice identifies and utilizes relationships and processes that help support a family at times of need and adversity. Such strengths are evident in all families and communities and must be encouraged to optimize health outcomes. The foremost strength of the Williams is that Hannahs mother is very supportive of their family and is willing to spend her retired time in looking after her new-born grandchild. The childs father Steven is quite supportive in accepting her wifes decisions and looks forward to meet new people in his local Golf Club to enjoy a supportive environment in their neighbourhood.

Database Application (DBMS) Project

Introduction Technology has resulted to an immense change in the manner in which organisations increase the effectiveness of their human resource functions. The concepts of human resource systems were first established at general motors’ in 1950s.Advertising We will write a custom essay sample on Database Application (DBMS) Project specifically for you for only $16.05 $11/page Learn More Since then, â€Å"HRIS have advanced from a basic process to convert manual information keeping systems into computerised systems to the HR information systems that are used today† (Friesen 2003, p.28). This change has been associated with the need to integrate various functions of HR to a common platform. The aftermath is the emergence of a third generation HRIS that is computerised. This generation â€Å"has taken HR data systems far beyond being mere data repositories by creating tools with which human resource professionals could do much more† (B yars, 2004). Additionally, the generation comprises of self-contained feature-rich and broad-based human resource information systems. The purpose of this paper is to provide a plan and a set of recommendations that would identify protocols and parameters for devising a HR DBMS in an industry of tertiary education. The organisation considered is a university undergoing an immense growth and needs to recruit 500 staff within a year. It also needs to â€Å"identify the performance and skill profiles of present employees for later possible redundancies† (Hagood Friedman 2002, p.544). Setting plan for HR DBMS To set a plan for setting recommendations critical in identification of parameters and protocols for coming up with HR DBMS in a university undergoing tremendous growth requires that a consideration be made of the characteristics of a credible HR data base. It is however crucial to note that, even with the inclusion of computer applications in automation and integration of human resource functions within an organisation, the traditional function of HR has not changed. Consequently, an ample HR database needs to have the capacity to house all these functions from which the developed HR software can process the data to yield HR organisational decisions.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More A database having all the requisite concerns of the HR is also critical in ensuring that HR realises its auditing and metrics development that are vital for standardisation rapidly. A credible HR database also needs to provide HRIS with the capacity to â€Å"provide real-time people information to non –HR processes systems as well standardise and automate key HR process and policies† (Hagood Friedman 2002, p.544). Arguably, such a database needs to be customised to ensure cute automation of various workflows coupled with myriads of HR competences. Th is is right from the fundamental information of an employee stored as an individual entity within the database to facilitate the overall decisions vital in setting the overall workforce’s compensation mechanisms, training and education, and in the generation of payrolls. Design modifications to undertake organisational operations In planning for a HRIS, a number of factors are vital for consideration. In its actual nature, human resource information system is meant to enhance the enforcement of disciplines in the derivation of HR policies coupled with processes. Arguably, â€Å"organisations, which have been working on agile decision making mechanisms initially find implementation a challenge since the flexibility of decision making as per circumstances is significantly reduced† (Uyen 2005, p.7). Consequently, the most vital elements that HR database developers need to pay credible attention to while planning for a HRIS in a university undergoing rapid growth is the ma gnitude of strategic maturity desired to be realised through the system being developed. Among the factors considered in the development of a credible HRIS includes identification of processes that are desired to get automated and reports that are anticipated to be realised through processing of the data contained in the database.Advertising We will write a custom essay sample on Database Application (DBMS) Project specifically for you for only $16.05 $11/page Learn More They also include the magnitude of information security required, the necessity of conducting an improvement of processes of the HR to match the market requirement, the anticipated decision making, and the business units supported by the system. Moreover, according to Wojcik (2004), other factors include â€Å"people who need to run the systems and their internal capability, the monetary and man power investment needed to be made when planning the HRIS and knowing the way out of the le gacy systems when migrating to the new system† (p.19). Once all these factors are given ample consideration, it becomes critical to consider the specific design modifications required to undertake and address recruitment, training and development, career planning, performance review, occupational health, and safety operations within the tertiary educational industry. Recruitment and selection There are main changes to the design of recruitment and selection while deriving a new HRIS in a tertiary education. One is to ensure online recruiting and selection becomes the central methodology of the HR department. This change is credible since it would aid an â€Å"organisation to garner potential candidates for available positions within minimal time and cost† (Avison Fitzgerald 2003, p.79). Redesigning the recruitment and selection this way can help the university to recruit 500 employees within the available time span of 12 months. Training and development Training and de velopment encompasses one of the noble obligations of HR in an organisation. To enhance the effectiveness of this task, a change is required to incorporate a LMS (learning management system) as an integral part of HR system developed in the university. According to Conway and Monks (2008), A LMS facilitates â€Å"HR to track education, qualifications and skills of the employees, as well as outlining what training courses, books, CDs, web based learning or materials that are available to develop necessary skills† (p.73).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consequently, it would become possible to utilise the employees’ information stored in the HR database â€Å"to offer various courses during particular sessions in which all the delegates coupled with the resources used in the training process are managed and mapped on to a common information system† (Walker 1982, p.56). Such a system would also permit the HR to authenticate training budgets and appraisal metrics. Career planning At the heart of organisational success rests the need for HR to conduct research on the emerging needs of further career development among the employees to ensure that the organisation benefits from the most recent technological development. For the university’s case, this may include the emergence of new research methods or new disciplines within the areas of specialisation of tutors. The desired alteration of the HRIS is to incorporate mechanisms of tracking the profiles of the existing university human resource and match them with th e possible emerging career opportunities. This is followed by subsequent placement of these employees to such opportunities. Performance review A performance review module is necessary for incorporation as a design modification for the HRIS utilised in the university. Such a system deserves to garner and process information related to work efforts, which are then merged with the established remuneration procedures adopted by the university. The results obtained from analysis conducted by performance review module could be credible in basing decisions on possible redundancies of the employees within the university. Occupational health and safety In addition to the discussed roles of HR in an organisation, it is also the role of the department to ensure that the employees’ occupational health and safety issue are proactively managed to enhance the productivity of the workforce. The modification changes in the new HRIS system ensure that the system facilitates quick querying of teaching and non-teaching staff concerns of their safety and occupational health on an online environment. This is anticipated to boost morale of the workforce since such concerns may act as stressors. Role of IT in assisting to design modifications to undertake organisational operations In enhancing a practical realisation of the above modification changes, IT personnel play critical roles. In this regard, Broderick and Boudreau (1992) reckon, â€Å"HR executives depend on internal or external IT professionals to develop and maintain an integrated HRIS† (p.6). Therefore, the IT team is charged with development of a database with field taking in data relevant to the mandates of HR department within an organisation. These include â€Å"payrolls, time attendance, appraisal performance, benefit administration, recruiting, performance record, employees’ self-service, and scheduling and absence management† (Sandberg 2000, p.13). This information is necessary for maki ng sure that human resource accomplishes its tasks, which not only entails the management of the workforce but also in aiding to create business intelligence and tracking the resource available to an organisation to make it more productive, cost effective, and fostering the brand. More importantly, the role of the IT is to develop the software entities for processing various HR-related data besides integrating these entities into a common platform that enables the HR to make compound decisions. References Avison, E Fitzgerald, G 2003, Information Systems Development: Methodologies, Techniques and Tools, McGraw-Hill, London. Broderick, R Boudreau, J 1992, ‘Human resource management, information Technology, and the competitive edge’, Academy of Management Executive, vol.6 no. 2, pp. 7–17. Byars, L Rue, W 2004, Human Resource Management, The McGraw-Hill Companies, London. Conway, E Monks, K 2008, ‘HR practices and commitment to change: an employee-level An alysis’, Human Resource Management Journal, vol. 18 no.1, pp. 72–89. Friesen, B 2003, ‘Is your client ready for e-HR?’, Consulting to Management, vol.14 no.3, pp. 27-33. Hagood, W Friedman, L 2002, ‘Using the balanced scorecard to measure the performance of your HR information system’, Public Personnel Management, vol. 31 no. 4, pp. 543-558. Sandberg, J 2000, ‘Understanding Human Competence at Work: An Interpretative Approach’, Academy of Management Journal, vol.43 no.1, pp. 9–25. Uyen ,V 2005, ‘Contracting out HRIS easy call at Terasen Pipelines’, Canadian HR Reporter, vol. 18 no. 4, pp. 5-9. Walker, J 1982, HRIS Development: A Project Team Guide to Building an Effective Personnel Information System, Van Nostrand Reinhold, New York. Wojcik, J 2004, ‘Toshiba Employee Handbook Goes Online, Business Insurance’, vol. 38 no.49, pp. 18-23. This essay on Database Application (DBMS) Project was written and submitted by user Miranda Delaney to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Tone (In Writing) Definition and Examples

Tone (In Writing) Definition and Examples In composition, tone is the expression of a writers attitude toward subject, audience, and self. Tone is primarily conveyed in writing through diction, point of view, syntax, and level of formality. In  Writing: A Manual for the Digital Age (2012),  Blakesley and Hoogeveen make a simple distinction between style and tone: Style refers to the overall flavor and texture created by the writers word choices and sentence structures. Tone is an attitude toward the events of the story- humorous, ironic, cynical, and so on. In practice, theres a close connection between style and tone. EtymologyFrom the Latin, string, a stretching Tone and Persona If persona is the complex personality implicit in the writing, tone is a web of feelings stretched throughout an essay, feelings from which our sense of the persona emerges. Tone has three main strands: the writers attitude toward subject, reader, and self. Each of these determinants of tone is important, and each has many variations. Writers may be angry about a subject or amused by it or discuss it dispassionately. They may treat readers as intellectual inferiors to be lectured (usually a poor tactic) or as friends with whom they are talking. Themselves they may regard very seriously or with an ironic or an amused detachment (to suggest only three of numerous possibilities). Given all these variables, the possibilities of tone are almost endless. Tone, like persona, is unavoidable. You imply it in the words you select and in how you arrange them. (Thomas S. Kane, The New Oxford Guide to Writing. Oxford University Press, 1988) Tone and Diction The main factor in tone is diction, the words that the writer chooses. For one kind of writing, an author may choose one type of vocabulary, perhaps slang, and for another, the same writer may choose an entirely different set of words. . . .Even such small matters as contractions make a difference in tone, the contracted verbs being less formal: It is strange that the professor had not assigned any papers for three weeks.Its strange that the professor hadnt assigned any papers for three weeks. (W. Ross Winterowd, The Contemporary Writer: A Practical Rhetoric, 2nd ed. Harcourt, 1981) Tone in Business Writing Tone in writing . . . can range from formal and impersonal (a scientific report) to informal and personal (an email to a friend or a how-to article for consumers). Your tone can be unprofessionally sarcastic or diplomatically agreeable. Tone, like style, is indicated in part by the words you choose. . . . The tone of your writing is especially important in occupational writing because it reflects the image you project to your readers and thus determines how they will respond to you, your work, and your company. Depending on your tone, you can appear sincere and intelligent or angry and uninformed. . . . The wrong tone in a letter or a proposal might cost you a customer. (Philip C. Kolin, Successful Writing at Work, Concise 4th ed. Cengage, 2015) Sentence Sounds Robert Frost believed sentence tones (which he called sound of sense) are already there- living in the cave of the mouth. He considered them real cave things: they were before words were (Thompson 191). To write a vital sentence, he believed, we must write with the ear on the speaking voice (Thompson 159). The ear is the only true writer and the only true reader. Eye readers miss the best part. The sentence sound often says more than the words (Thompson 113). According to Frost: Only when we are making sentences so shaped [by spoken sentence tones] are we truly writing. A sentence must convey a meaning by tone of voice and it must be the particular meaning the writer intended. The reader must have no choice in the matter. The tone of voice and its meaning must be in black and white on the page.(Thompson 204) In writing, we cant indicate body language, but we can control how sentences are heard. And it is through our arrangement of words into sentences, one after another, that we can approximate some of the intonation in speech that tells our readers not only information about the world but also how we feel about it, who we are in relationship to it, and who we think our readers are in relationship to us and the message we want to deliver. (Dona Hickey, Developing a Written Voice. Mayfield, 1993) We are not won by arguments that we can analyze but by the tone and temper, by the manner which is the man himself. (Attributed to novelist Samuel Butler)

Combined joint task force-horn of Africa Research Paper

Combined joint task force-horn of Africa - Research Paper Example Terrorism has been one of the key issues in countries such as Yemen, Djibouti, Sudan, Ethopia, Eriteria, Somolia, and Kenya, commonly known as Horn of Africa. Lot of efforts and key strategies have been formulated over a period of time to counter this menace One such effort to combat terrorism was the establishment of a Combined Joint Task Force which was formed to address the issues of terrorism in Horn of Africa.The paper understudy is aimed at giving an overview of this task force and its operations typically in Kenya The paper understudy is aimed at giving an overview of this task force and its operations typically in Kenya with a view to address the efforts launched in by this team in combating and reducing terrorist activities. Moreover, it also accentuates on the manner in which the contribution of Kenya with respect to war on terrorism has attracted the United State’s attentions and interest in the region. The establishment of Combined Joint Task Force - Horn of Africa took place on 19  October, 2002  (Combined Joint Task Force- Horn of Africa, 2011)  in North Carolina under the oversight of United State Central Command. CJTF - Horn of Africa conducts operations in East Africa, namely in Yemen, Djibouti, Sudan, Ethiopia, Criteria, Somalia and Kenya to build and foster an effective counterterrorism partnership. This was done to promote regional security, ensure stable conditions within the horn of Africa AOR, oversee conflict and dispute prevention, and safeguard and protect the interest of the United States and its allies. Prior to the creation of the CJTF – Horn of Africa, Kenya was plagued by rampant, unchecked terrorism that had impacts within the local, regional and global theaters. Once established however, Kenya’s ability to combat terrorism within the horn of Africa AOR bolstered dramatically.  Ã‚   The discussion of CJTF - Horn of Africa would remain incomplete without its role in Kenya which holds a very substantial and significant place in the war against terrorism. Many experts have regarded Kenya as a harbor of increasing terrorist activities and branded it as a helpless state victimized by waves of terrorism throughout the country. In 2003 the Government of Kenya accepted that western countries had been targeted by a possible member of the Al Qaeda network, affirming the potential of Al Qaeda operating within national boundaries. Beginning with a bombing attack on the American Embassy  (Ploch, 2011), the country’s capital showed signs of terrorist activities as far back as 1998.  Ã‚  The acknowledgement from government however, came very late. Since then, Kenya has become a regular victim of groups having international terrorism expertise. Further investigation determined that poor immigration laws and security legislature have greatly contributed to  the terrorism flourishing in the region. The cells in Kenya were completely under control by foreign groups from within the Gul f States and Somalia.  Ã‚  These groups eventually involved locals, helping them to establish their businesses and using these as fronts for their networks. The leaders of these Kenyan Cells were found to have connections with the Al Qaeda network and disappeared soon after the attacks on the US embassy. The government, in cooperation with FBI, then made endeavors to destroy these Al Qaeda controlled cells in various parts of country, including arrests in July and November of 2001 of Yemeni and Somali people.  Ã‚  Despite of all these efforts, the situation in Kenya never fully regained control and an Israeli airliner was shot down in Mombasa in  2002. The investigation led to another connection with Al Qaeda and revealed terrorist control over major elements of the national security system, as evident by their transportation of surface-to-air missile which was fired at an American military jet at the Prince Sultan Air Base in Saudi Arabia  (Menkhaus, 2011). After this devel opment, the Kenyan government officially acknowledged the