Dietrich Bonhoeffer a Pastor’s Response to Nazism. Free Essays

string(64) over yet this little leftover didn't have power over the mob. Researcher, scholar, teacher, minister, visionary, twofold specialist, schemer, and saint are a portion of the characteristics related with Dietrich Bonhoeffer. The way wherein Dietrich was raised helped the way he took as a youngster, his family having the way to appropriately teach him and his kin gave him a hunger for information. That thirst lead him to seek after a scholastic profession as a scholar, and later his work as a scholar lead him to be a minister. We will compose a custom paper test on Dietrich Bonhoeffer: a Pastor’s Response to Nazism. or on the other hand any comparable subject just for you Request Now Bonhoeffer lived amidst an extreme good and political uncouthness yet he kept on holding to the certainties of Scripture while his individual kinsmen were strolling the dangerous slant of Nazism. The beliefs Bonhoeffer held to heart were continually enduring an onslaught from the abusive government under which he lived. The aftereffect of this persecution was from the outset profitable in the advancement of Dietrich’s philosophy and his determination to show the up and coming age of ministers to maintain the gospel amidst abuse. Later this mistreatment drove Bonhoeffer to leave Germany for the United States this outing was fleeting as Dietrich before long settled he should come back to Germany upon his arrival he joined a scheme to kill Adolf Hitler. Bonhoeffer’s choice to contrive against Hitler at last prompted his detainment and demise. Dietrich Bonhoeffer was conceived in February 1906 to Karl Bonhoeffer and Paula von Hase Bonhoeffer. Karl Bonhoeffer was a regarded teacher of nervous system science and psychiatry at the University of Berlin and furthermore served at Chairte Hospital in Berlin serving in the mental unit. The Bonhoeffer family comprised of eight youngsters including Dietrich, there were four young men and four young ladies. There were 3 more established young men, Karl-Friedrich, Walter (who died in World War 1) and Klaus. The more seasoned young ladies were Ursula and Christine, Dietrich had a twin sister Sabine and to finish the family was Susanne. Karl Bonhoeffer was a rationalist while Paula originated from a group of scholars. â€Å"The family unit was not outstandingly strict. The customary Bible-story Christian support was provided in the children’s early years, the two tutors were devout young ladies, a basic gift was constantly asked at table-and that was it. Dr. Bonhoeffer and the more established kids were all of logical or legitimate bowed; an unaggressive skepticism won among them. †[1] Coming from the earth expressed above made things intriguing when as a youthful young person Dietrich educated his parent that he needed to contemplate religious philosophy. This came as a stun to his family as they suspected he would seek after music because of his bottomless abilities here. His dad thought the stationary existence of a minister was not a solid match for his child, yet subsequent to perceiving how he lived he realized that it was the correct way for him. Paula Bonhoeffer was prepared as an instructor at the college and self-taught every one of her kids until they were prepared to enter the German Gymnasium which was a school private academy. Dietrich began his investigation of religious philosophy at Tubingen at age seventeen. He exceeded expectations in his examinations to the point that he completed his paper, named Sanctorum Communio; â€Å"The Communion of Saints,† when he was twenty-one years old. Throughout the following not many years Dietrich would make a trip to Barcelona, Spain back to Berlin, and afterward to the United States. While in the United States he examined and instructed at Union Theological Seminary in New York City. He did such a lot of voyaging on the grounds that he was too youthful to be in any way appointed. This enabled Dietrich to seek after his investigations more and spotlight his vocation on educating and not pastoring a congregation. While in New York he made a propensity for loving with an African-American assembly and training Sunday School. While in the United States he additionally was acquainted with numerous thoughts, for example, pacifism, social equity, and ecumenism. â€Å"He (Dietrich) experienced a pacifism that was established in the Sermon on the Mount-represented in the French scholar and companion Jean Laserre. [2] The possibility of pacifism is one that Dietrich acknowledged entire heartedly he accepted that man couldn't legitimize war. His pacifism lead to an interior battle when the Nazis came to power and began to abuse and execute the Jews. During his long periods of study Bonhoeffer got familiar with the lessons of Karl Barth. Barth and his compositions affected y outhful Bonhoeffer to seek after philosophy to it’s fullest and not be confined to the liberal religious philosophy instructed at the University of Berlin. Bonhoeffer initiated a relationship with Barth that went on until an amazing finish. Dietrich would invest energy with Barth at his home in Bonn and they would talk religious philosophy, they would scrutinize every others work and challenge each other in their perspectives on being a Christian and a piece of the congregation. These gatherings proceeded much after Barth moved to Switzerland even with Nazi oppression. These gatherings and letters helped Bonhoeffer investigate his religious philosophy beyond the college. After coming back from his time of vacation in New York Dietrich proceeded with his showing position and the University of Berlin. This was all event about a similar time Adolf Hitler’s Nazi system was gradually picking up power in the administration and in prominence among the individuals. At the point when Hitler was chosen Chancellor of Germany things were begun to change however the full degree of the Nazi’s plan was not yet uncovered. Dietrich saw that trying occasions were ahead for the individuals who were God searchers, this was because of the way that not long after the political race there was a call for chapel races. Among the temples in Germany there were clashes over the ascent of the Nazi party. There were a few ministers and Bishops who might not lecture Nazi publicity, so Hitler called for chapel races to fill the workplaces with his supporters. There was some protection from simply letting them dominate however this little leftover didn't have authority over the crowd. You read Dietrich Bonhoeffer: a Pastor’s Response to Nazism. in class Papers With the congregation now leveled out of the Nazis, the individuals who saw an incredible logical inconsistency between Nazi Christianity and genuine Christianity were left with no choice yet the beginning their own congregation. This was permitted by the Nazis yet they watched out for them. This new gathering was known as the Confessing Church they were a zealous leftover that had not been convinced by the majority. Upon the arrival of the congregation political race Dietrich lectured this, â€Å"of you who have lost your congregation, †¦ let us go together looking for the everlasting church. †[3] This gathering of adherents who restricted the Nazis were attempting to talk reason and reality of Scriptures to the German individuals. Dietrich was among the establishing individuals from the Confessing Church and helped pen the Bethel Confession which was their announcement of conviction. He utilized the arrangement of the Confessing Church to push his enthusiasm for ecumenism among the chapels. In 1933 while the Confessing Church was framing Dietrich chose to take a post in London. A portion of his associates like Karl Barth blamed him for leaving his congregation while it was consuming, however Dietrich thought he required some time away on the grounds that his contemplations were not generally welcomed even among companions. While in London he pushed for ecumenical connections between the places of worship in England and somewhere else to censure the German Christian Movement which permitted the Nazis to assume responsibility for the congregation. To this end he was not fruitful. He likewise got the eire of chapel pioneers in Germany who sent Theodor Heckel the remote issues pastor to London to teach Bonhoeffer to not take part in ecumenical action not approved by Berlin, a notice not paid attention to by youthful Dietrich who was only twenty-seven years old in 1933. Following two years in London Dietrich came back to Germany, the Confessing Church had lost it’s force. The Confessing Church was all the while going and since it was not perceived as a state church it needed to prepare its ministers in an underground theological college. The congregation welcomed Dietrich to lead their theological school called Finkenwalde. It was here the Dietrich composed the books Life Together and The Cost of Discipleship. The previous originated from his time as the pioneer of Finkenwalde Seminary. The last is an investigation of the Sermon on the Mount. In 1936 Dietrich was announced a radical and a foe of the state by Theodor Heckel. For the following hardly any years Dietrich lived in the network of Finkenwalde with his understudies and showed them religious and public living as they open the Scriptures together to set up these men for the service in the genuine church that was contradicting the fake church of the German Christian Movement. They had a couple of long stretches of incredible service that was supported by promoters who had faith in the beliefs of the Confessing Church. In 1938 Bonhoeffer was restricted from Berlin, after two years the Gestapo came and shut down the theological college and captured a portion of its ministers. Right now Dietrich was offered a situation to educate at Union Theological Seminary in New York, an offer he at first acknowledged. Dietrich was attempting to escape in to the wellbeing of the United States to abstain from serving in the military and managing living under the harsh Nazi system. After showing up in the U. S. Dietrich worked with German displaced people and wanderers, an occupation that represented my difficulties for him. Bonhoeffer wrote in the Cost of Discipleship, â€Å"’Costly beauty is the asylum of God,’ he composes. Also, ‘faith is just genuine when there is submission. ‘[4] These words pulled at Dietrich’s heart since he knew where he ought to be and what God had called him to do however pick the simple street. â€Å"on June 30, 1939, Dietrich w

Repetition of Consonant Sound System †Free Samples to Students

Question: Examine about the Repetition of Consonant Sound System. Answer: Presentation: In the sonnet Forms of Innocence, the writer has utilized the swan as the significant image conversely. The young lady in the sonnet has been contrasted and a dark swan-an image to call attention to that she is an untouchable in her sort of society where sexuality isn't brought out in the light, and a young lady investigating her sexual want is viewed as a no-no. The young lady didn't maintain the standards society had decided for her, and she had broken limits to participate in a sexual experience with a man. She decided to appreciate the go about as it was and didn't accept it as though she lost her virginity. The dark swan denotes her separated from the majority of white swans, or ladies who submit to curbing social standards. In his showstopper The Prelude, T.S. Eliot legitimizes the title as this plays as a window ornament raiser for the subjects of his later works, particularly The Love Song of J. Alfred Prufrock and The Waste Land. The verses have been composed as though they are vacancies isolating a day into four sections. With each line, the artist has communicated his misery. The perusers are constrained to suffocate in the ruined and grimy depiction of a devastating human progress the board. To make things all the more genuine, he has explored different avenues regarding the rhyme plans with divided and cobbled up words to put accentuation on living an exhausted day. The rhyme design utilized in the primary refrain is ABCB, DDEFE-something that is dissipated. He has utilized rhyming tetrameter here. In the sonnet The Yachts by Williams he utilizes the most significant interesting expression is the correlation uncommon as the light of a glad eye.. Here the principle subjects are the boats which face force and anger of the ocean for cruising through the waves. As the waves look as upbeat as a keeps an eye on twinkling eyes, they break against the cruising ships, prepared to tear them separated. They look gay, just to pulverize. Similar sounding word usage is utilized to show redundancy of consonant sounds inside a solitary line in a sonnet. Sound similarity shows reiteration of vowel sounds in a line. Consonance is the amalgamation of both-it is the reiteration of comparative sounds when they are in nearness. More shrill sounds are harsh on the ear while gentler sounds are relieving. In Epithalamium uproarious sounds are utilized to portray the injurious marriage of the lady. The lady parts of the bargains the man with gentler sounds. In the sonnet Vancouver Lights by Earle Birney, there are a couple of allegories which have been utilized to improve the topic of the sonnet. Blanket of lights here has been alluded go the quantity of beacons which cooperate resembling a cover of lights from far off. They give security like blankets as they watch over the coast. Another utilized is We the novel glowworms. By this, he signifies that mankind has been answerable for its own condition, much like flies and worms. End The sonnet Bushed by Earle Birney presents a period arrangement, and composed from an eyewitness perspective. The sonnet represents two unique implications, where the first signifies that the storyteller is drained or bushed. The subsequent significance indicates a hedge, or stretches of wild land beginning past human settlement. The writer discusses a man who has surrendered to natures scaring power. He comes up short on the ability to counter with the nature or even be conspiring any longer. He has gone to that phase where he talks from his philosophical separations and enthusiastic weariness.

Two Ends of the Pen Happens When a Great Author Blogs

Two Ends of the Pen Happens When a Great Author Blogs The author of the Two Ends of the Pen blog is Debra L. Martin. She is the co-author of several fantasy and science fiction novels alongside her brother, David W. Small. Their authorship deals with dystopian future in The Path trilogy; what I would call vampire romance fiction in the Silver Cross and Silver Double Cross (still forthcoming); and their newest release, The Witchs Curse â€" a trilogy set to be completed in late 2018 or early 2019. Looking further into the author, we discover she writes romance under the pen name Debra Elizabeth, and is an extensive reviewer of self-published and indie-published novels. Also readily apparent is her affiliation with the Xpresso and GoddessFish book tours. When a new author is looking to get the word out on their novel, Debra L. Martins blog is involved in promoting the new work and making sure her readers get the first sneak peek.ContentDebras blog usually deals with material directly relevant to readers looking for a rarer read. A recent p ost on April 19, 2018 promotes an author named James Moushon, who is self-published, but whose story of a bomb plot and CIA investigation in Southern California will appeal to the readers of Robert Ludlum and other authors in the spy thriller genre. Her other posts, for the most part, follow a similar format. She finds a book, and gives her readers some quick insight into why they might like it. This shines when the author is interviewed directly. In one post with author Arthur J Gonzalez, Two Ends of the Pen gives us some interesting insight into the authors writing process and marketing strategy. This sort of inside scoop is what makes Two Ends of the Pen worthwhile â€" advice, straight from the authors mouth.On lighter days, Debra Martin blogs about topics meant to inspire the reader, or bring some interesting historical moment to their notice. Usually, these posts are made in addition to her weekly posts, and the one which I lingered on was her description of Patriots Day, which breaks down the commemoration of the battles at Lexington and Concord during the American Revolution. Posted to her blog is a short description for her readers who are not native to Massachusetts, and some reenactment pictures which could serve as a great jumping off point, or writing prompt, for authors and writers browsing her site.Debra blogs frequently. In the month of March alone, she made twenty-five posts. These were broken down across three major categories: reviews, excerpts, and interviews. What should really appeal to her viewers is the quantity of titles covered. With so many excerpts and interviews to choose from, and of such independent talent, it is easy to find an appealing novel even for those who normally veer quite mainstream in their reading tastes. I am especially fond of the excerpts, which make it quite easy to gauge ones interest in the novel, before committing to buying. Of course, each of these posts provide links to the Amazon and Smashwords pages for eac h novel, and occasionally include special sales, giveaways, or discount prices for those who purchase the book through Two Ends of the Pen.ReviewsUpon discovering Two Ends of the Pen, there are two types of people. There are those who immediately start scrolling through interviews and looking at what each independent author has to offer, and there are those who immediately think, how do I have my novel promoted like this? Debra reviews a lot of novels. Though her reviews are sometimes closed for submissions, she can be contacted any time via her e-mail, posted on her blog review policy.If you do happen to land her as a reviewer, she boasts some serious credentials. Debra Martin reviews for Goldberg McDuffle Communications, Knox Publishing, Angry Robot Publishing and FUZE Publishing, as well as a variety of other sources. She states that she gives a fair and honest review, but her reviews tend to rest on the high end of the scale, and she is clearly bias toward four and five-star rat ings on Amazon and Goodreads. Still, she does not receive compensation for her reviews, so she is able to speak her mind. She often gives details about plot, character progression, and readability in her reviews.InterviewsDebra L. Martin is an accomplished author and a whiz at marketing her material. She knows the interviewing world inside and out, and has made her presence known across the blogosphere. One interview she gave, which stands out, was for the blog Up Around the Corner on April 24, 2014. This hidden gem gives a bit of insight into how Debra writes with a co-author, and how co-authoring a work requires a writer to leave their ego at the door. She gives some good writerly advice, such as taking a break after finishing a novel, before hitting the editing grindstone; and on the importance of proper outlining (especially when working with a partner).Besides giving interviews, Debra L. Martin also interviews authors looking to make a name for themselves in the self-publishing world. Though she is currently not accepting review submissions, she is open to author interviews and can be contacted directly via her e-mail, or via her Facebook page.The Real MeatAll in all, Debras blog doesnt stand out in the blogosphere. It is one of thousands of blogs which promote authors and independent publishers. What does stand out is Debra herself. She has years upon years of experience, and she takes the time to collect resources useful to writers and authors. Near the bottom of her blog are four important sections:Author Panel DiscussionsPopular Guest PostsWorld of Symbols by Michelle SnyderRebecca Writes AboutEach of these sections of the blog contains deep dives on diverse topics related to writing and authorship, but Ill give a short synopsis of each here.Author Panel DiscussionsThese are awesome. In this short series (15 posts), Two Ends of the Pen asks a panel of authors for their opinions on questions ranging from whats your favorite part of writing a novel?? to plot or character â€" what comes first? These short posts give great insight into the opinion of multiple authors, often offering contrasting and complimentary advice on how to get the most out of your writing. This discussion offers a depth of field, and the clarity which that provides. By measuring the words of each author against the others, a reader can potentially gain a much deeper understanding of the material discussed.Popular Guest PostsThe guests on Two Ends of the Pen are as accomplished as Debra herself, and they lend their authority to the writing advice offered on the blog. There are a collection of posts by Grammar Girl, a blogger who has recently blown up, and now has a larger viewership than Two Ends of the Pen, but (and no surprise here) Debra hosted her content before it was widely known. Other topics by guest posters include Holes in History, which discusses historical fiction, and how far you can push the boundaries of realism; as well as topics like Prologue o r no Prologue; and step-by-step guides to hiring a graphic artist, and getting the best from them.World of Symbols by Michelle SnyderMichelle Snyder is popular outside of Two Ends of the Pen, and so her guest spots on the blog are wonderful reads. Most of them deal with mythology and the history behind common symbols. She details the origins of ?a green thumb? in one post and delves into the history of the zodiac signs in another. All of these are excellent reads. I can highly recommend The Truth About Midas, which was one of her first posts on the site.Rebecca Writes AboutFinally, Rebecca Writes About is a frequent contributor to Two Ends of the Pen, and famous in its own right among those in the know on the blogosphere. Her content is always awesome and should hit home with a number of authors and writers. Some posts to check out are her deep-dives on: traditional vs. indie publishing, working with a freelance editor, memorable characters, and writing with co-authors.ConclusionDeb ra L. Martin is, and will continue to be, an independent author and a capable reviewer. If you are hoping to write, edit, or promote a novel, then starting at Two Ends of the Pen will place you in good company.

Christianity And Islam The Age Of Faith - 906 Words

Sometimes, the Middle Ages are referred to as the Age of Faith because â€Å"religion was so pervasive in European society†¦ [in which] villages were organized around local churches, and larger towns would devote generations of labor and resources to build large cathedrals† (Thompson) as well as citizens following God’s words through thoughts and actions. Durning the medieval time, both Christianity and Islam regions follow the concept of faith and God’s orders but each have their own limits and approaches to the idea. From roughly 1000 AD until modern day time, faith has been considered an important element of Christianity and Muslim in which each individual has a specific faith that is unique to them and no one else. The development of faith and the changes that the idea has went through have allowed historians to examined what faith is really about and how one can view their own faith through actions from their Father’s demands. Influenced by the G reek culture, the term Hellenism was established to explain the interaction between the Greek and Roman Empires and how the church laws were adopted into Christianity. During early development, many organizations brought conflicts between competitive cities due to their desires to influence the Christianity religion. During the medieval time, Christianity was the only well-recognized religion that European citizens really wanted to followed. In the form of the Roman Catholic religion, the central teaching of traditionalShow MoreRelatedThe Lost History Of Christianity By Philip Jenkins954 Words   |  4 PagesIn the novel title â€Å"The Lost History of Christianity†, author Philip Jenkins attempts to convey the message that there are many aspects of Christianity that are unknown to Christian followers today. Jenkins start by implying that Christianity essentially starts in Northern Mesopotamia. 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Essay on Net Present Value and Ocean Carriers - 613 Words

The Charles H. Kellstadt Graduate School of Business DePaul University FIN 555: Financial Management Prof. Randy Fisher Case Study Questions: Ocean Carriers These questions relate to the Ocean Carriers case in your course packet. You can find the data for this case on the course website in a spreadsheet named: Ocean Carriers Exhibits.xls. This case provides the opportunity to make a capital budgeting decision by using discounted cash flow analysis to make an investment and corporate policy decision. Ocean Carriers is a shipping company evaluating a proposed lease of a ship for a three-year period beginning in 2003. The proposed leasing contract offers very attractive terms, but no ship in Ocean Carrier’s current fleet meets†¦show more content†¦How are your results affected? What do you conclude? Useful Hints: a. You need to be consistent in the treatment of the timing of the cash flows in your analysis. To accomplish this, you should assume that all cash flows occur at the end of the year closest to the actual date of the cash flow, so for example if the case states that a cash flow occur in â€Å"January† or â€Å"early† in a specific year, you should assume that it occurs on Dec-31 of the previous year. This is what makes most sense from a financial perspective, as the Present Value of a cash flow will be almost exactly the same whether it occurred on Dec-31 in one particular year, or Jan-1 the following year, as those two dates are just one day apart. (When there is no mentioning in the case of when within a certain year a cash flow occurs, assume that it occurs at the end of the year.) b. As stated in the case, you should assume that operating costs will grow annually at 1% in real terms. You should however be consistently using nominal cash flows while making the cash flow projections. c. Assume that Ocean Carriers has a sufficiently high taxable income in each year so that any tax shields can be used immediately. d. Assume that the ship is depreciated straight-line for 25 years to a remaining book value ofShow MoreRelatedFinance--Ocean Carriers Inc1365 Words   |  6 PagesIntroduction Ocean Carriers Inc. is a shipping company specializing in the operation of capsizes bulk dry carriers. In January 2001, the vice president of finance for Ocean Carriers was evaluating a contract proposal. In the proposed contract, Ocean Carriers would lease one ship to a client for a three year time frame. The customer would begin utilizing the ship in 2003. 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We have analyzed whether or not Ocean Carriers should make this investment using Free Cash Flow and Net Present Value (NPV) analysis. Given the details of the contract, the forecasted daily time charter rates, and the costs data; we have concluded that Ocean Carriers should not acceptRead MoreOcean Carriers Essays1200 Words   |  5 PagesOcean Carrier Case Study INDEX Case Background ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·3 Dilemma ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·3 Scenarios under different tax rates and years  ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·3 Alternative ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·5 Decision summary ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·Ã‚ ·5 Appendix Ocean Carrier Case Study * Case Background Mary Linn of Ocean Carriers is evaluating the purchase of a new capesize carrier for a 3-year lease proposed by a motivated customerRead MoreOcean Carriers Case Report Essay1447 Words   |  6 PagesOcean Carriers Case Report Executive Summary Ocean Carriers is evaluating a proposed lease for a ship over three years starting in 2003. Currently, Ocean Carriers does not have any ships that are available to meet this customer demand. This report will assist VP of Finance Mary Lynn to make a decision on whether or not to commission a new carrier and how long to hold on to this asset. Based off a financial analysis using the data Ocean Carriers has provided, the final recommendation is thatRead MoreCase Study: Ocean Carriers1563 Words   |  7 Pageswhich wants a contract of only 3 years. Based on the calculations of the costs of construction against the value of the contract, it is recommended that Ocean Carriers not go ahead with the construction. However, if a strategic alliance can be created with another carrier to lease their vessels, Ocean Carriers should accept the contract. If the strategic alliance is mutual, Ocean Carriers should build the vessel to add on to its own fleet. Key Financial Issues Mary Linn has to deal with the followingRead MoreCase Study1046 Words   |  5 PagesMemorandum To: CEO, Ocean Carriers Re: Ocean Carriers Capital Budgeting Mary Linn, Vice President of Finance, has been approached by a potential customer with a proposed lease of a ship for a three-year period, beginning in early 2003. The terms are very attractive but we currently do not have a ship that meets this customer’s needs. Ms. Linn has asked Group 4 to research three proposed scenarios to determine whether or not commissioning a new capesize carrier for this customer willRead MoreOcean Carriers751 Words   |  4 PagesCase 1: Ocean Carriers We think that daily spot hire rate will likely decrease next year. There are two reasons. First, there are 63 new vessels scheduled for delivery in 2001 to increase the supply of vessel and only few old vessels need to be retired, while the demand will not increase because imports of iron ore and coal would remain stagnant over next two years. Second, exhibit 5 shows that avg. spot rate of 2000 was higher than the rate of previous years and avg. 3-yr charter rate. In additionRead MoreA Case Study Of Ocean Carriers Essay1425 Words   |  6 PagesA CASE STUDY OF OCEAN CARRIERS EXECUTIVE SUMMARY Ocean Carriers, a shipping company, is evaluating a proposed lease for a ship over three years starting in year 2003. Currently, Ocean Carriers has no available ship that meets the customer’s requirement, because the vessels available in Ocean Carriers fleet are either on lease or are too small for the required purpose. The goal of this report is to assist the Vice President of Finance of Ocean Carriers, Mary Lynn to make a decision on whether or notRead MoreOcean Carriers2562 Words   |  11 PagesOcean Carriers Inc. was approached in January of 2001 with a contract proposal for the leasing of one of their ships for a term of 3 years beginning in 2003. Ocean Carriers currently has no ship to accommodate the customer. To commission the construction of a new vessel would take 2 years from start to completion. The average rate in the spot market is $22,000 per day. Ocean Carriers deployed a younger fleet than average carriers and generally earned a 15% premium over the aver age daily rate

Importance of manners Free Essays

Manners are the buildings blocks, of character they build and construct the character and present it as a model or a diamond in front of others, it gives rising shining respect to you. Manners are very useful and even free of cost, lust use them and get benefit from them, by good manners you can have respect In front of others manners also means respecting others and by respecting others we are respecting ourselves. Manners can be adopted by following footsteps f those persons who good manners, act as they act live as they live one day you will also have priceless manners rich for your respect Without manners life can be difficult and many problems can come In front of you, Manners doesn’t really deal with religion. We will write a custom essay sample on Importance of manners or any similar topic only for you Order Now It Is a part of the human characterless. Everyone either has good or bad manners. Having manners will let people respect you. They will be kind towards you and they won’t hesitate to talk or be your friend. A person with good manners is honored everywhere while a person with bad manners is spoken about badly. A person with bad manners will have people treat him as if he is a piece of trash’ that they won’t even bother to look at. They’ll think that your parents didn’t bring you up. Also, the Prophet pub had amassable wonderful manners. The Prophet pub is the example to all Muslims. We all are supposed to have good manners. It will help take you far in life. How to cite Importance of manners, Papers

Perceptions Of Factors Technology Projects -Myassignmenthelp.Com

Question: Discuss About The Perceptions Of Factors Technology Projects? Answer: Introducation In Maldives, the quality of education is a primary challenge that needs to be addressed among the students. The country hence developed a first generation objective aimed at providing universal access to basic knowledge by rapidly expanding student enrollment while the second challenge is the provision of quality education. Elliott and Clifford (2014) denote that Maldives has poor quality of education that is weak and requires urgent improvement. The national learning assessment proves that learning outcomes for Grades 4 and 7 proves the unsatisfactory level of education. As a result, Maldives policy makers aim at adopting several dimensions to improve the quality of education with the teachers qualification as a primary factor. There are also quality assurance mechanisms that require pilot testing, refining, and up-scaling all over the country. Most students, if not all are eager to achieve practical and scientific success in life. However, the level of performance varies depending on multiple variables such as level of intelligence and the attributes in enhancing success. From this attempt of achieving success, a human being is subjective to failure. Mostly, failure is associated with frustrations and to some extent punishment (Osabiya, 2015). In some communities, low academic performers encounter discrimination on social duties. The concept is profound in the academic grounds where the low-performing students strive to achieve their educational goals and objectives (Ramos Mota, 2014). Often, people generalize the strategies of improving low performance making proposals; on the need for discipline and an orderly learning environment. Unfortunately, low-performing students find it difficult to translate these provisions into a better performance. Individual differences have a great impact on academic performance. Various academic researchers have attempted to explain these variables through the application of varied methodological approaches. Despite the effort, the low-performing students might apply to improve their performance, variables such as attitude, psychological factors, socioeconomic factors, demographic condition, and personal ability. This may provide insight on reasons of low performance and thus, contribute to the formulation of appropriate strategies (Hazrati-Viari, Rad, Torabi, 2012). Some studies propose that education performance is at a point affected by socializing and therefore, the stakeholders in education should employ active learning styles in academic. Rationale for the study Since education performance determines success and failure in different perspectives, learning and teaching are at the forefront of the revolving world. The incidence of low performance in some students is a problematic situation that subjects the families and the communities to dangerous situations. Most households with the cases of poor performing children have reported high incidences of violence and instability (Hjalmarsson, Lochner, 2012). Thus; result in divisions in the society into social classes where some ethnic groups of violence and crime establish at the community level. The study intends to eliminate the gap in determining the causes and the ways of helping low-performing students in Maldives. While various studies have discriminated students personality in academic performance, this study provides diverse approaches to developing effective educational strategies. As a result, the stakeholders will have a different perspective in motivating and supporting the students (Moswela, 2014). Although Maldives are bound to a weak education system, the government, teachers, and parents have a role to play in improving academic performance. The Personality differences among students can be approached in thoughtful strategies to improve individual performance (Elliott Clifford, 2014). Therefore, the study assesses the education systems in leadership and learning arrangements to determine efficient learning procedures. Also, the study defines the responsibility of the government in establishing policies based on accountability and support for the low-performin g students. Consequently, the study will contribute to national development in academic performance by identifying the cause and providing incentives appropriate for all stakeholders. Hence, the findings will be helpful in determining teaching strategies and techniques to meet the needs of the students at the ground level (Isac et al., 2015). The ministry of education and legislation can impose policy changes that improve performance in students. The findings will, thus, formulate appropriate strategies which will assist in the integration of demographic, socioeconomic, and personal differences to help students improve in their academics. Literature Review While finding approaches to improve academic performance, it is imperative to assess variables such as socioeconomic, individual differences, demographic and educational systems to contribute to improving this performance. Low performance is not attributed to a single factor but different limitations that students encounter in life (Owusu, Essel, 2017). Each section is addressed rationally to indicate its essence in improving education systems, thus, improved performance. Before analyzing factors affecting performance in Maldives, it is vital to consider the statistical reports on students enrollment and performance in different academic levels. According to the World Bank statistics, the completion rate in primary education is high with 114% in 2010 which is higher than in the developing countries. However, the attainment rate at the lower secondary levels raises a concern about the quality of education since only 27% achieved a passing grade in 2008 (Bank, 2017). The problem advanced in 2011 when the figures decreased to 16%. Also, the incidences of school dropout have gradually increased. Demographic Approach Maldives consists of 1,192 islands which hold a population of 36000 square people. The economists classified the country as a middle-income nation (Kundur, 2012). However, the result of this data does not satisfy the translation of the economic development to benefit children in an equal way. 40% of the entire population in Maldives is made of children between the ages of (0-4) years. One possible reason for this demographic result could be the emigration of the adults to further higher-quality education (Bank, 2017). The results also suggest possibilities of high dependency ratio in the future. After the economic crisis in 2009 the economic growth of the nation increased, but with significant inequalities in the regions (May, 2016). The trend of decreased poverty level depends on one's location; poverty increased in the capital and reduced in the atolls. For this reason, the access to education is also affected. Socio-Economic Factors Notably, socioeconomic disadvantages contribute to the low performance of students in a larger scope. The current research indicates that low performance in students prevails in an individual with the higher socioeconomically disadvantages. These students have poor language background and enroll in vocational programs. Therefore, low performance necessitates multi-faceted approach directed to national and local issues. The policymakers, students, and parents should invest time and resources to address this crucial role. The theory of Education productivity suggests that schools are critical points for the childrens academic success. However, the children are subjected to community influence, parental participation and psychological traits of the students. It also provided that, home environment has a key bearing on the academic performance of the student. For example, the increased incidences of drug trafficking due to poor institution support might relatively affect performance in the education sector (Adyb, 2014). The interaction of the student with the home environment has an impact on the academic success. Sometimes, the income level of the parents determines the quality of education the child can access. Personality Traits These factors determine the success of the student, especially in the psychological and behavioral research. Students have different levels of imagination, curiosity, interest, and perception (Hazrati-Viari et al., 2012). Also, consciousness helps the researchers to determine the organization, intelligence, reliability, and diligence of the learner. The traits have a significant effect on the academic potential of the student. However, the level of expertise of the teacher and the learning styles might affect performance in school. Data Collection techniques and Analysis Two methods of data collection were employed that is conducting personal interviews and questionnaire surveys. The study involved face to face interviews with the teachers and students are the primary focus. Furthermore, it was also used to eliminate the feeling of being cornered by questions requiring specific answers. According to Galletta, (2013), semi-structured questionnaires are advantageous since they are reliable and can be used to generate comparable qualitative data. It is imperative to note that face to face interviews pave way for the collection of more in-depth data and comprehensive understanding of the research problem. On average, the sessions of the interview and survey lasted for 15 minutes for every respondent. Sixteen teachers were interviewed and 3 students from the senior classes. The focus on the questions was on issues that directly or indirectly affect the performance of the students in Maldives. Questionnaires were administered on face to face format to the respondents and comprised of both closed and open-ended questions. The respondents were first informed of the intent of the study where their participation was by free will. Face to face format of administration was selected since it is associated with a higher response rate than other methods of administration (Szolnoki and Hoffmann, 2013). The respondents were given 20 minutes to fill the questionnaires. Administration and filling of the questionnaires were done under the supervision of the researcher. In the process, the researchers role was to provide any clarification the respondents needed and collection of the questionnaires after filling. All questionnaire administered were returned representing a 100% response rate. Bickel and Lehmann, (2012) assert that descriptive statistics is a vital method of analyzing qualitative data in providing data especially when a large amount of data is involved. In this case, frequency distribution was used in determining the impact of individual factors on the low performance of students in Maldives. The analysis paves way for generation of a frequency table to facilitate interpretation of data after analysis. Findings and Discussion According to the survey done for the study, the results shows that different people had various reasons as to why there was poor performance experienced among the students in Maldives. For instance, poor parental help to the students was identified as a major challenge as every parent had the assumption that tuition is more vital and is sufficient to assist their students regarding academic performance than the assistance they could offer as parents. It was also identified that most of the parents are not familiar with the strategies and methods adopted for assessing the students on their performance as per the new curriculum requirement. A few parents are noted to care for the education of their children and try their best to offer the help they could such as paying for their tuition fees. However, even such students still perform poorly. Possible reasons for the poor performance could be as a result of lack of effective attention in class as well as discipline issues as a result of poor parental guidance. However, a few cases were as a result of poor family background exposing the students to bad behavior and lack sufficient resources for their studies as supported by Elliott and Clifford (2014). The survey on the teachers clearly indicated that 92.9% of them were full-time employed with majority of the teachers being degree holders. Over 30% of the teachers have an experience of over 6 years with others having 15 years of the teaching experience, an aspect that is expected to boost the performance of the students. They were also experiencing an average ability of accessing the necessary learning resources to ensure effective teaching process for the students. However, poor performance can as well be related to the poor professional development. The teachers were also receiving effective support from the administration, but the same was not being expressed in the performance of the students. The survey also found out that too there is much teacher-directed learning process adopted in Maldives. As a result, the preferences of the students are not considered result to poor understanding of the essential aspects of the learning process neither do they enough education exploring activities that can boost their learning process. The study as well identified that most teachers base their lessons for the whole class instead of adopting level-based education system to help the below average students. In such cases, Moswela (2014) denotes that all the students tend to be taught similar things without the consideration of the individual differences in their performance. With the high number of students, one on one attention for the poorly performing students is not adopted. There is also huge gap differences between the A level and O level accompanied with poor linguistic skills leads to the overall poor performance. While surveying the individual students, it was evident that the majority of the students lived far from school, an aspect that led to lateness as well as high level of absenteeism. All the students were also fond of speaking of speaking their local languages while in class hence leading to poor practice and performance of the official academic languages. At the same time, only 33% of the students regularly have their work checked by the teachers, an aspect that is likely to encourage laziness among the students on completing their homework and class assignments. With all these challenges, even the students themselves clearly accept that they are facing challenges with their studies hence leading to their poor performance. However, just few teachers were willing to help the students with the challenges they were facing in their studies. Overally, over 60% of the students rally want to learn and often participate in class work but do not take time for extra help in class or pay attent ion in class. Despite their desire to learn, the student are not motivated to learn as majority of the students only come to school for fun with the aim of enjoying to play with their fellow students. Students accepted that they do not cooperate with the teachers and often miss essential topics due to poor focus on class work. Poor performance among students in Maldives is attributed to the problems they experience, where the problems can be broadly categorized as internal and external. Internal problems arose from factors such as student preparation for the exams and psychological conditions. On the flipside, external problems were brought indirectly by people around them. The findings focused on promoting motivation among the students through exposing them to real-life situations. In the process, the students are internally motivated when having knowledge of the opportunities that await them. Exposing children to many class tests was found to be the most effective way of reducing examination anxiety. Elimination of anxiety can help the students to concentrate on their examination thus, leading to academic improvement. Recommendations To effectively improve on the performance of the students, Maldives needs to adopt a curriculum that is focused on solving the socio-economic needs of the country. Such a curriculum will be relevant to the needs of the country and help in responding to its future projections. The ministry of education also needs to work with the relevant ministries given the mandate of national planning with the aim of harmonizing the curriculum to focus on achieving the projected goals of the country. Another best option to ensure improvement in performance is academic institutions adopting ICT in the curriculum. Given that Internet access is a problem for most schools, especially in rural areas, educators and administrators needs to consider the possibility of establishing Local Area Networks (LANs) in schools. Content could be hosted on school LANs, instead of trying to make them available on the Internet. A digital library on a server on the LAN would be a valuable asset, as it can store all types of digital content. Interactive multimedia material can also be hosted on the LAN at a much lower cost than on the Internet. This also has the added advantage of enabling students to access Programmes at their convenience, instead of having to adhere to a scheduled telecast. Given that India has invested significantly in educational television and already has a commendable satellite television infrastructure, schools should focus on leveraging this technology. Some Indian educational channels are planning to switch to DTH soon, and it is very practical for them to do this. Due to the rapid fall in the cost of servers and storage, it is possible to record thousands of hours of TV programmes in digital form onto a server and make it available on demand from every PC on the LAN.21. Teachers have a pivotal role in designing performance of the students. According to World Bank result in Maldives, the student-teacher ratio is 12:1, which is a low ratio for an effective learning program. Also, 15% of teachers are untrained, and the students rely on 35% of expert teachers especially in secondary level (Bank, 2017). Although there is high enrollment in primary and secondary levels, the low performance in schools suggests a weak education system. The untrained teachers have limited knowledge of local needs, culture and academic contexts (Arshad, Naseem, 2013). For that reason, the World Bank provides that, the high percentage of unqualified teachers impose inadequate learning strategies to improve educational performance. This statement suggests that the delivery of academic services links different parties which include: Teachers, government, and students. Every party has a role in improving performance. Conclusion Low performance among students is a problem that has a wider scope affecting parents, teachers and the school in general. In regards to the various causes of the decline in performance that were realized during the study, some are within the control of the student while other are not. Since most of the students may not understand what is going on, parents and teachers need to take the initiative of helping them understand these problems and willingly participate in overcoming them. It is imperative to note that much focus on helping improve the performance of students was placed on solving anxiety and motivation. This can be attributed to the fact that motivation affects the students commitment to stick to their plan. On the other hand, anxiety touches on the students themselves and the people around them especially their parents who have expectations such as expecting them to excel in their studies. It is true the researcher believes that applying those measures shall lead to a sign ificant improvement in the students performance. The educational governing bodies need to critically take into consideration the findings of the study to promote the quality of education in Maldives. Ultimately, the study has shown that the problem of declining performance among students and ways of improving it lies squarely on the whole socie Reference Adyb, A. (2014). Maldives under the Burden of Drugs.Journal of Alcoholism Drug Dependence. Arshad, M., Naseem, M. A. (2013).Comparison between the performance of trained and untrained teachers in Lahore.Global Journal of Human-Social Science Research. Banerjee, P. A. (2016). A systematic review of factors linked to poor academic performance of disadvantaged students in science and maths in schools. Cogent Education, 3(1), 1178441. Bank, W. (2017).Enhancing the Quality of Education in the Maldives : Challenges and Prospects. Retrieved 2 Oct. 2017 from: https://openknowledge.worldbank.org/handle/10986/17979?show=ful Barrows, J., Dunn, S., Lloyd, C. A. (2013).Anxiety, self-efficacy, and college exam grades.Universal Journal of Educational Research, 1(3), 204-208. Bickel, P. J., Lehmann, E. L. (2012).Descriptive statistics for nonparametric models i. introduction.In Selected Works of EL Lehmann (pp. 465-471).Springer US. Elliott, S. N., Clifford, M. (2014). Principal assessment: Leadership behaviors known to influence schools and the learning of all students. Retrieved from University of Florida, Collaboration for Effective Educator, Development, Accountability, and Reform Center https://ceedar.education. ufl. edu/tools/literature-syntheses. Galletta, A. (2013). Mastering the semi-structured interview and beyond: From research design to analysis and publication. NYU Press. Hazrati-Viari, A., Rad, A. T., Torabi, S. S. (2012). The effect of personality traits on academic performance: The mediating role of academic motivation. Procedia-Social and Behavioral Sciences, 32, 367-371. Hjalmarsson, R., Lochner, L. (2012). The impact of education on crime: international evidence. DICE Report, 10(2), 49. Isac, M. M., da Costa, P. D., Arajo, L., Calvo, E. S., Albergaria-Almeida, P. (2015). Teaching Practices in Primary and Secondary Schools in Europe: Insights from Large- Scale Assessments in Education. Kontos, A. P., Covassin, T., Elbin, R. J., Parker, T. (2012).Depression and neurocognitive performance after concussion among male and female high school and collegiate athletes.Archives of physical medicine and rehabilitation, 93(10), 1751-1756. Kundur, S. K. (2012). Development of tourism in Maldives.International Journal of Scientific and Research Publications, 2(4), 1-5. May, J. F. (2016). Maldives Population Dynamics: Policy Prospects for Human Growth and Opportunity. Miles, M. B., Huberman, A. M., Saldana, J. (2013).Qualitative data analysis.Sage. Moswela, B. (2014). Students' Academic Achievement: Whose Responsibility andAccountability?.International Journal of Business and Social Science, 5(10). Osabiya, B. J. (2015). The effect of employees motivation on organizational performance. Journal of public administration and policy research, 7(4), 62-75. Owusu, P., Essel, G. (2017). Causes of students stress, its effects on their academic success, and stress management by students. Ramos, P., Mota, C. (2014). Perceptions of success and failure factors in information technology projects: a study from Brazilian companies. Procedia-Social and Behavioral Sciences, 119, 349-357. Richardson, M., Abraham, C., Bond, R. (2012). Psychological correlates of university students' academic performance: a systematic review and meta-analysis. Psychological bulletin, 138(2), 353. Schunk, D. H., Zimmerman, B. J. (Eds.). (2012). Motivation and self-regulated learning: Theory, research, and applications. Routledge. Szolnoki, G., Hoffmann, D. (2013). Online, face-to-face and telephone surveysComparing different sampling methods in wine consumer research. Wine Economics and Policy, 2(2), 57-66. Wang, M. T., Sheikh?Khalil, S. (2014). Does parental involvement matter for student achievement and mental health in high school? Child Development, 85(2), 610-625.

Sociology, Social Closure Essay Sample free essay sample

Analyse the extent to which societal closing exists in UK society. Use two contrasting theories and relevant surveies in your reply. PresentationSocial stratification is the manner in which society is stratified or â€Å"made up of layers† of societal groups in a hierarchal manner. Class stratification is a signifier of societal stratification. which tends to divide separate categories. whose members have contrasting entree to resources and power. In Britain. society is structured in footings of inequality. Different categories tend to incorporate the same sorts of people with the same â€Å"hidden barriers† halting them from being able to mount the societal ladder. Social closing is when people merely can non get away the societal category they belong to. They have no manner of being socially mobile within society. Class can be measured in a subjective manner as opposed to an nonsubjective attack. The Registrar General Scale of Classification is used to organize society into different categories. We will write a custom essay sample on Sociology, Social Closure Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Social closing. nevertheless. is when a individual has the inability to mount or fall from their topographic point in society. And with capitalist economy. it is indispensable in order for this political orientation to work within today’s society. There is a definite divide between the middle class and the labor. and hence. societal closing. most definitely exists in today’s society. THEORY ONEThere are a figure of different sociological positions that attempt to explicate category stratification. One theory of which is Marxism. Karl Marx believed that there was a definite struggle between the categories. and that the system of stratification derives from different societal groups and their dealingss to the agencies of production. From Marx’s position. a category group is when all it’s members portion the same dealingss to the agencies of production. Marxism besides believes that there are merely 2 categories. the middle class and the labor. demoing societal closing. The middle class exploit the labor who have to sell their labor to the opinion category. Marx believed that the ownership of the agencies of production has the indispensable ingredient in make up ones minding which category a individual belonged to. In modern twenty-four hours Britain. it is capitalist economy that creates divisions within category in today’s society. which relates to Marx’s thought of substructure impacting society in that the ownership of the agencies of production create tenseness between the categories. Marx besides believed that struggle would ensue in alteration. and that one twenty-four hours the labor would lift up against the middle class and that there would be a revolution. but to this twenty-four hours that is still to come. Which is of class still relevant in our society today. as we can see clearly that the â€Å"proletariat† have non risen to revolt against the â€Å"bourgeoisie† . So hence. today. we see no societal mobility. and alternatively. societal closing. A strength that Marxism possesses is that it draws attending to the development of the labor by the middle class. which emphasises the importance of economic ownership within society. This benefits sociologists in that they can easy recognize societal closing in the UK today as we see that people who own their ain companies are most likely to be the â€Å"bourgeoisie† of society. Marx explains how the battle between the category groups creates struggle within society. This proves to be true in the twenty-first century as there us a current battle for power. and the labor suffer in a closed system of stratification. There are failings of Marxist theory. as it is seen by sociologists as â€Å"too economically deterministic† . and privileges the function of the labor. in demoing that they exploit themselves to the middle class. Another failing is that Marx claims there would be a revolution one twenty-four hours. which has still neer occurred. turn outing that societal closing is present in society today. because the working category still have non risen above the middle class. and there still remains a false category consciousness. THEORY TWOA contrasting theory to Marxism is functionalism. Functionalism is a theory that believes strongly in meritocracy. Harmonizing to Talcott Parsons. anyone who works difficult plenty and hold on all chances will be able to mount the societal hierarchy and achieve what they desire. The category person is born into should non cut down their opportunities in ulterior life if they work hard plenty. This highlights societal mobility in that anyone. no affair what their â€Å"social barriers† may be. that they can easy mount the societal ladder due to difficult work and meritocracy. The category divisions in society are reflected as of import. as different businesss define where a individual â€Å"belongs† to in society. Different occupations can be expressed as a gradient. and there will so be several places and categories in the hierarchy. Peoples who are socially nomadic are awarded from their hard-work with a good topographic point within society. Though today. ca n Parson’s theory truly be true? â€Å"Hidden barriers† are what keep people from mounting the societal hierarchy. and functionalism merely truly â€Å"accepts† the capitalist system. A strength of functionalism is that it suggests that persons can mount up the societal ladder and can go successful. The whole political orientation of meritocracy is that anyone. no affair what their background. linguistic communication. gender or race. can accomplish anything if they work hard plenty to acquire it. Functionalism provides an account for inequality merely because people are discriminated against in society for their speech pattern. background etc. This means that people with inequalities automatically go down the hierarchy. or worse. they are born into the bottom terminal of the societal ladder. So in today’s society. functionalism can be used to understand that societal closing is present due to concealed barriers. A failing of functionalism is that there are many jobs with thoughts of difficult work and instruction are making an unjust society in that merely the people who can afford an instruction are acquiring one. and that those who are disadvantaged in any manner. are in societal closing. and neglect to mount the hierarchy. Besides functionalism ignores capitalist economy. but merely acknowledges it and accepts it. it does non explicate in anyhow how society’s categories evolve unit of ammunition capitalist economy and that capitalist economy is straight related to societal closing. in that the middle class exploit the labor. STUDY ONESocial closing has been studied by many in item. One survey of which was by Scott. who focused on The Upper Classes. Property and Privilege in Britain ( 1982 ) in order to reason that there is still a governing category in Britain. Scott believes that the upper categories have seen of import alterations in the latter half of the 20th century. However. he argues that these alterations have non led to their disappearing or so a decline of their power influence. Scott bases his analysis on Weberian constructs such as societal closing. Though his findings reflect a Marxist analysis in that he feels that within Britain there is a governing category. whose power and influence are based on the capitalist political orientation. There is tonss of grounds that supports Scott’s analysis. In 2002. about ?160 billion of wealth in Britain was controlled by 1000 of the richest households in Britain. Presently. there are 126 female MPs. which is a record degree whereas the figure should be about 330. In 2001. merely 12 % of labour MPs had a on the job category background. which shows societal closing in that merely the richer or better off people became MPs. which besides refutes the labour leftist political orientation. However. Scott is criticised for undervaluing the alterations which have allowed entree to the opinion category. He is criticised for undervaluing the diminution in household owned houses and the growing of pension houses. insurance companies whose financess include investings by 1000000s of ordinary workers. Showing societal closing in that the middle class are the â€Å"elite† and are the ruling opinion category. STUDY TWOAnother survey that looks at societal closing is The Sociology of the Professions ( 1997 ) by Keith MacDonald. This survey deals with what MacDonald calls the â€Å"professional project† . in which professions try to set up and keep a monopoly in their chosen field. To make this. such professionals must at the onset set up societal closing. which is a important portion in making a monopoly. which allows them to command their services. frequently ensuing in really high fiscal wagess. MacDonald’s survey is supported by the professional organic structures. which exist in modern societies such as Britain. for illustration the BMA. the Law society and the institute of Chartered Accountants. Such professions are amongst some of the highest paid in Britain and they do frequently exert a practical monopoly in their chosen field. MacDonald’s positions are partially supported by C Wright Mills who saw these professions as being portion of the power elite in America. Again. demoing that the middle class are the definite opinion category within society. MacDonald’s survey is criticised for reasoning that such professions can move chiefly in their ain involvements. and critics argue that they progressively work on behalf of the rich and powerful. DecisionTo reason. the theories and surveies used by sociologists to analyze societal closing within society have been utile in assisting us understand today’s society in the twenty-first century. Unemployment rates are around 2. 53 million. and with this. the labor are happening looking for work much harder than in the yesteryear. Meritocracy is turn outing really hard to prosecute in today’s society as employers. or the middle class. hold much higher criterions for people to take on. With this. an on-going false category consciousness will go on and these concealed barriers will go on to maintain the labor and the middle class separated in societal closing.

Hellbender essays

Hellbender essays (Cryptobranchus alleganiensis alleganiensis) Cryptobranchus alleganiensis alleganiensis is the largest North American salamander, ranging in length from 30.5 to 74 cm (Niering 1985). Eastern Hellbenders are members of the order of tailed amphibians, Caudata and the family, Cryptobranchidae. Along with C. a. bishopi, the Ozark Hellbender, it is one of the two subspecies of hellbenders, also known as the Allegheny C. a. alleganiensis is perennially aquatic, preferring clear fast-moving rivers or large streams with rocky bottoms. Most are found in water 12 to 46 cm deep and tend to avoid areas with thick layers of silt (Hillis and Bellis 1971). It ranges from the Susquehanna River and its tributaries in New York and Pennsylvania to the Ohio River and its tributaries including the Allegheny, which gives it its species name, westward to the Mississippi River and southward to Missouri, Arkansas, and Georgia. It has also been recorded in Iowa (Bishop 1943). C. a. alleganiensis has a dorsoventrally flattened body and a laterally flattened tail. The tail is the main means of locomotion, but the hellbender can also crawl when seeking refuge (Hillis and Bellis 1971). C. a. alleganiensis is dark gray or olive-brown with a mottled or spotted pattern on its dorsal surface. The ventral surface is a lighter shade with few markings (Niering 1985). The male and female are similar in appearance, but the male is broader and heavier than a female of the same length. Eyelids are absent. It has five toes on its hind feet and four on the fore feet, most of which develop during C. a. alleganiensis is nocturnal, spending its days hiding under rocks with only the tip of its broad head exposed. It exhibits diurnal behavior only during its mating season which occurs in late summer or early fall depending on geographic ...

Industrial hygiene Case Study Example | Topics and Well Written Essays - 1250 words

Industrial hygiene - Case Study Example c among many others, an industrial hygienist therefore ensures the safety of the employees at a place of work by ensuring that the risks presented by the above hazards do not materialize at the place of work. The goal of industrial hygiene is to prevent both industrial diseases and industrial accidents both of which incapacitate the employees thereby causing immense inconveniences in their productivity. In doing this, industrial hygienists use a number of scientific techniques including exposure assessment, risk management, and industrial safety among others. The profession employs rigorous and stringent methodologies that often require professional judgments based on both experience and education in its determination of the potential exposures to hazardous environments. In doing this, the professionals implement safe procedures, systems and methods of completing tasks in a company. I. A professional hygienist conducts effective health programs in a governmental organizational or an industrial plant with the view to recognizing, eliminating and controlling the occupational hazards and diseases. The hazards may arise from either the working environment or the nature of the work. As such, the professional collects various samples including vapors, dusts and gases among other materials that may possess a level of toxicity for in-depth analysis in laboratories. After the scientific analyses, the professional makes recommendations depending on the level of the risks that the materials present to the employees thus making the place of work safer for the employees. II. A professional hygienist investigates the sufficiency of the exhaust equipment installed in a company, lighting and ventilation among other features that may risk the health of the employees. In measuring the efficiency of such facilities, the professional considers the number of the employees in the organizations and determines the ability of the resources to safeguard the health of the employees. This

Language, Culture and Identity Essay Example | Topics and Well Written Essays - 500 words

Language, Culture and Identity - Essay Example The accent of speech varies from language to language, thus becoming a customized feature of the language. Culture an individual belongs to reflects in the language to such an extent that it can be judged from his/her pronunciation and tone of speech. For example, Sikhs speak Punjabi. The accent in which Punjabi is spoken is a special feature of this language. Accordingly, when Sikhs tend to speak English, their accent remains Punjabi. Likewise, when English people speak Urdu, they speak it with an English accent. Arabs cannot pronounce the alphabets â€Å"D† and â€Å"T† without touching the tip of their tongue with the inner side of the front teeth. This essentially changes the sound of these alphabets from the way they are spoken by English people. When a person utters D and T this way, his/her ancestry can be traced to Arabs without a doubt. Likewise, â€Å"Chicanos and other Spanish speakers also shift ll toy and z to s† (Anzaldua). This tells that language is a very prominent feature of an individual’s culture and represents an individual’s identity.People develop their behavior according to the ethical standards that vary from culture to culture. Actions which are considered requirements of ethics in some cultures may be understood as misbehavior in other cultures. For example, in the West, it is normal and more importantly ethical for a man and woman to shake their hands to greet each other whereas the same may be quite unacceptable to a Muslim woman. Therefore, when a woman does not shake hand with a man in any society, it essentially depicts the origin of her behavior in the Islamic culture. Islam forbids women and men to shake hands with one another unless the two are father-daughter, mother-son or brother-sister etc. Therefore, language does not always have to be verbal in order to define an individual, body language also speaks volumes about his/her cultural identity.

Equity and Trusts Problem Questions

Equity and Trusts Problem Questions The first step we should attend to briefly is to define what a trust is. Simply put, a trust is a relationship under the law of equity[1] that arises when one person (the settlor) vests the legal title in another person (the trustee) for the benefit of a third-party called a beneficiary. The trustee holds the legal title and the beneficiary-(ies) possess the equitable title and as such the trustee owes them a duty to carry out the duties as defined by the settlor[2]. The most basic species of trust is an express private trust; this is a â€Å"trust which is declared intentionally by the settlor†[3]. There is no fixed mechanism or form of words for creating such a trust because â€Å"equity looks to intent rather than the form†[4]; see Paul-v-Constance[5]. Hudson (p.72) speaks of â€Å"exposing† a trust which demonstrates that it exists by law and is not created by the courts retrospectively. Express trusts can be established during the life of the settlor or as i n this case, via instructions placed in their will.[6] There are two basic sets of requirements for valid trusts; the first is that there needs to be three basic certainties as per Knight-v-Knight[7]; defined as certainty of intention, subject matter and object – if any one fails then there is no trust. The first of these requires that there was a certainty of intention by the purported settlor â€Å"that the person receiving the property is under a mandatory legal obligation to carry out the wishes of the settlor†[8]. Secondly and only logically, it must be certain what the subject of the trust is i.e. the property. Finally, there must be certainty of object i.e. there needs to be someone with equitable ownership to enforce the trust, see Re Endacott[9]. The second basic requirement is that the trust must be constituted i.e. the legal title must pass to the trustee(s). This should not be an issue here because as executors Edward and Sandra would have already acquired legal title of all Alice’s estate[10]. DISPOSITION A Alice’s disposition is potentially void as a trust due, firstly to uncertainty of intention; the disposition does not suggest Alice intends to impose a legal obligation on Edward to carry out her wishes. Rather it potentially suggests she was imposing on him a â€Å"power†. In essence, trusts impose an obligation to act and powers authorise people to carry out certain tasks with a lower level of compulsion.[11] The task we have is to decide what Alice intended and according to Dixton (p.67) â€Å"it is very easy to confuse trusts and powers, especially since most power are given to people who are otherwise trustees†. Edwards (p.80) advises that to differentiate between them is â€Å"a matter of construction for the courts, based on identifying the intention from†¦the language and the document as a whole† He further suggests that a significant indicator would be â€Å"existence of a gift in default of appointment† and wide discretion. Applying t his to our facts, we see that Alice grants him à ¢Ã¢â‚¬Å¡Ã‚ ¤10,000 to buy a small memento for â€Å"such of my relatives as have not received anything under the other provisions† and after doing this â€Å"to keep what is left†. It is submitted that this does not meet the necessary level of certainty, especially as Edward keeps what is left over, it is merely a power; a power of appointment[12], outside of a trust instrument[13].To impose a trust situation in this case would be to ignore the warning in Re Hamilton to â€Å"take the will you have to construe and see what it means, and if you come to the conclusion that no trust was intended then say so†. The next issue is what kind of powers these are and what level of compulsion exists on Edward to carry out the tasks. This could be a personal power[14] or a fiduciary power and this will turn on whether he was given the power in his capacity as a son or executor. Wilkie (p.52) says if it is a personal power he could distribute â€Å"spitefully, or capriciously, or even go to sleep and forget about exercising the power at all†. You could argue that Alice gave the power to her son in his capacity as a son; and so considering the remainder goes to him then it is all but an absolute gift. He could just buy a few relatives key-rings as mementoes and be done with it. The beneficiaries would have no equitable interest in any property as its quantum is unknowable. The second view you could argue is that he has to exercise the power in his capacity as executor and so he has a higher level of onus upon him. It is submitted that as such, this power of appointment would be what is known as a hybrid or intermediate power[15] in that he is authorised to distribute it to a certain category of objects, relatives, excluding those who have already benefited. The level of compulsion or onus is debatable. In Re Hay’s Settlements[16], it was held that he just cannot ignore this power to appoint randomly, he must make efforts to complete it. And in McPhail-v-Doulton[17] the leading case in this area it was said he â₠¬Å"must act in a responsible manner according to its purpose† and â€Å"make survey of the range of objects† that† will enable him to carry out his fiduciary duties.† Wilkie (p.52) says that there is much lessor onus is on a donee[18] of a power to locate those who may be objects. However, other commentators, see Penner (58+) say the onus depends on the type of power as well as who has been granted it. However, even with ‘powers’, the subjects and objects need to be ascertained and Alice has simply defined â€Å"small memento of me† and â€Å"relatives† minus those who benefited from the will; these are problematic. Firstly, the subject matter is conceptually uncertain[19]; as per Palmer-v-Simmonds[20] and so potentially void; what is ‘small’ and what is a ‘memento’[21]. Secondly, â€Å"relatives† could be taken to be anyone with a common ancestor and as you work back far enough this could include almost anyone. However, in Re Baden’s Deed Trusts (No.2)[22], relatives was equated to next-of-kin and held to be conceptually certain; a strange decision considering how rigid the court has been on conceptual uncertainty. Furthermore in McPhail, the test to ascertain objects for a power was decided as the ‘is or is not’ test described by Wilberforce as, â€Å"can it be said with certainty that any given indi vidual is or is not a member of the class?† Thus it appears possible that we could, if necessary, reach a legal definition of the objects although the problem is the subject of the power. The advice to Edward is pretty clear; as a trust this fails and so based on Curtis v Rippon[23], he could take the entire amount of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 seeing that the amounts to be given to relatives are uncertain and so the absolute gift to him takes effect over the failed trust. However, if viewed as a power, he may be under compulsion to distribute some of the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 buying small mementos for relatives once he complies with the above; although, in practice few would be willing, or able, to compel him to execute this power. DISPOSITION B Does the phrase â€Å"fullest trust and confidence† indicates certainty of intention to create a trust? In Re-Adams-and-Kensington-Vestry[24] a husband gave property to his wife in â€Å"in full confidence that she will do what is right†, yet this was held to only impose a moral obligation upon her. However, in Comiskey-v-Bowring-Hanbury[25] the phrase â€Å"in full confidence† was held to impose a trust. The similarity in these cases is superficial and it is apparent that each was judged on its individual merits and potential settlor’s intentions. Hence, the mechanical application of phrase simply turns the law on its head. It is much more insightful to follow Re Hamilton comments listed above in part A and use common sense. Applying this, it is submitted there is potentially a certainty of intention, but we also need to examine the other certainties. On ‘certainty of subject’; it is trite law that, as per Re-London-Wine-Co[26] that trust property must be ascertainable. In that case un-segregated wine voided certainty. This was supported in Re-Goldcorp-Exchange-Ltd[27] . Mustill[28] said â€Å"rights in property, whether equitable, cannot exist in the air†¦ it can only exist in relation to property which is specifically ascertained†, i.e. physical segregation is necessary[29]. However we are not dealing with a situation exactly similar to Re-London-Wine. Under a will, the executor takes full title to the property on the death and according to Martin(p.60) the â€Å"equitable ownership is in suspense† – the trust has not yet been constituted whereas it allegedly had in London-Wine. All the executors need to do is to walk down to the cellar and physically segregate fifty bottles of wine and identify them as trust property and transfer legal title from Edward/Sandra, as executors, to Edward pers onally. It is obvious Alison knew what was in her wine cellar so the property she is referring to really was not a specific 50 bottles of wine, but 50 of the 80 wine bottles I know I have in my cellar. How else could she describe them if they were homogeneous, was an 80 year old woman close to death meant to go down to her cellar and move bottles around? However, it is the â€Å"old friends†, the potential objects of this trust, which poses more serious problems. The phrase â€Å"my old friends† is conceptually uncertain[30]; both words are subjective; what is a ‘friend’ and what is ‘old’? With the knowledge that this would be a fixed trust if the three certainties were present; i.e. each beneficiary entitled to an â€Å"equal† share then IRC-v-Broadway-Cottages-Trust[31] states that all the beneficiaries must be able to be listed and there is no room for any conceptual uncertainty. The disposition states that Edward should cure any uncertainty and his word is â€Å"final†. However, this is not likely to be accepted by the courts. In Re-Tuck’s-Settlement-Trusts the court allowed a Rabbi, as per the trust document, to cure an issue of uncertainty i.e. whether someone was of â€Å"Jewish blood†[32]. However, the Rabbi was acting in his capacity as expert on the Jewish faith and evidencing the meaning of the words not defining them. You could make a good argument that Edward could define his mother’s old friends just like the Rabbi defined Jewish blood, but it would go against current legal and academic opinion so as a trust it would likely fail. However, the advice in this case might be that this could be treated like above, as a power. This is because, as a power Edward could use the â€Å"is or is not test† rather than the â€Å"complete list† test and so circumvent this issue and give Edward much more leeway to carry out his mother’s intentions. Remember the preference of the courts will be to see Alice’s wishes carried out rather than not. DISPOSITION C There is clearly an intention to create a trust with the subject matter of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000, because it is stated. It is further obvious that it is a discretionary trust[33]; this is a type of express trust where the trustee has what is called ‘dispositive discretion ’ i.e. an ability to decide the quantum of trust property, if any, goes to each beneficiary[34]. It is important to note the difference between this and a fixed trust; in a fixed trust the beneficiaries have a severable equitable claim on the property because they can usually calculate what they are entitled to. In a discretionary trust the trustees can exercise discretion; and in this case the basis of this discretion is those â€Å"they find most deserving.† The real issue is who exactly are the objects of the trust; that are subject to this discretion?[35] We are given no names but rather a class description â€Å"such of the first 300 people to have crossed the Victoria Bridge on the 24th of October 2008†. Such descriptors in theory pose no problems. However, if we assume that this date has passed[36], then we are presented with a difficult evidential problem. It is important to point out that the names of the 300 people who were first over Victoria Bridge is a fact; they are an absolute certainty; it is just the trustees don’t know who they are yet. Hence, it is not an issue of ‘conceptual certainty’ as to the class descriptor; it is not like â€Å"old friends†. The issue is one of evidential uncertainty in that the trustees do not have enough evidence to write down a complete list. The courts have grappled with this problem but it is now clear from McPhail-v-Doulton that previous requirements for a c omplete list, like for fixed trusts, are no longer valid. The test now is the â€Å"is or is not† test as outlined above. Hence, the trustees do not need to know the 300 people who crossed the bridge, they only need to meet the test set by Wilberforce in McPhail; â€Å"can it be said with certainty that any given individual is or is not a member of that class†. The issue now is could anyone do this with sufficient certainty. It would not be enough to show you crossed the bridge on the day but that you were one of the first three hundred to do so[37]. This turns on facts we don’t have; considering the coverage of police cameras in London it is likely there is one focused on Victoria Bridge so this might help candidates prove their claim. To conclude this section, the advice is whoever can prove with sufficient certainty that they fall within the class, and then they will become beneficiaries of the trust. However, if no one can prove then the trust will fail for lack of certainty of objects and the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 result back to Alice’s estate. There are a number of other issues which should be covered briefly for Edward and Sandra. Assuming the three certainties are present, then the trust is properly constituted (as the potential trustees they are also executors and have legal title). To be a trustee you need to have reached the age of 18; we are not told Sandra’s age but presumably she complies with this. The trust is defined to be for 21 years i.e. 21 years after Alice’s death and this is permissible under Section 13 of the Perpetuities and Accumulations Act 1964. However, it is worth pointing out to Edward and Sandra that the trust is unlikely to last as long as 21 years. Although the beneficiaries would have no rights severally because as Penner (p.85) describes them they are â€Å"mere postulants, seeking the trustees’ largesse†; they could have rights jointly because it is an exhaustive trust[38] i.e. Alice appears to have instructed them to spend all the 20K and there are no devices to return unspent money to the estate. As such the beneficiaries may have rights jointly to petition the court to simply give them the trust property, see Martin (p.211) which presumably they would have agreed to divide equally[39]. References – Bibliography Burn, E, Trusts Trustees Cases Materials 6th Edition, Oxford University Press. Dixon, M, 2005, Equity and Trusts Q A, Cavendish Publishing. Edwards, K, 2000, Essential Equity and Trusts, Routledge. Duddington, J, 2007, Equity and Trusts Law Express, Pearson. Hudson, A, 2005, Equity Trusts, Routledge Cavendish. Mohamed, R, 2004, Cases Materials on Trusts, Routledge Cavendish. Martin, J, 2005,Hanbury Martin, Modern Equity 17th Edition, Sweet Maxwell. Penner, J, 2005, The Law of Trusts Core Text 4th Edition, OUP. Wilkie, M, 2008, Equity and Trusts Blackstones Q A 2008/2009, OUP. 1 Footnotes [1] Space precludes a discussion on the fundamentals of equitable law see Duddington(p.2+). [2] A trust is an onerous obligation and should not, and will not, be imposed casually by the courts if any doubt exists; especially as the courts may ultimately be called to adjudicate upon its operation [3] Hudson(p.38) [4] Re Williams 1897 [5] On the other hand you can use the word â€Å"trust†, as per Tito v Waddell (no2) and this might not create one. [6] They are often known as ‘testamentary trusts’; but not substantially different to inter vivos trusts. [7] 1840 [8] Dixon(p.61) [9] 1960 [10] We are told the will is valid and that is all we need to concern ourselves about with that matter. [11] Martin(p.171) [12] appointment in this sense means the power to give or to appoint the property to someone. [13] Powers can operate „insideâ€Å"or „outsideâ€Å", those outside are known as bare powers i.e. less encumbered by the obligatory nature of the trustees duty. [14] Beware of terminological problems with these phrases, see Wilkie(p.51) [15] See Mohamed(p.118) [16] 1982 [17] 1982 see Burn(p.84) for a discussion of the case and test. [18] The person who is authorised to exercise a power. [19] see Disposition B and C for more details and Duddington(P.15,16) [20] 1854 [21] see below for more detail [22] 1973 [23] 1820 [24] 1884 [25] 1905 [26] 1986 PCC 121 [27] 1985 [28] Quoted in Penner(p.205) [29] It is worth noting the ruling in Hunter v Moss which appears to run contrary to this albeit with intangibles. [30] Penner(p.197+) In Re Gibbard’s Will Trusts 1967 and RE Barlow’s Will Trusts 1979 â€Å"friends† was held certain but the former has been overruled and the latter referred to different legal circumstances. [31] 1955 [32] see Duddington(p.20) [33] see Dixon(p.65+) [34] See Martin(p.104+), see also Edwards(p.77) for concise analysis. [35] I am interpreting the will as meaning there is a potential class size of 300 and over these discretion is exercised. [36] It is not 100% clear from the rubric that his date has passed, although the use of â€Å"to have crossed† clearly infers it. [37] A suggestion of administrative un-workability might arise here [38] It is interesting to note that discretionary trusts presents theoretical problems in that you can ask the question ‚who holds the equitable rights to the property?’ without beneficiaries who enforce the terms of the trust; there is an obvious risk that trustees can become slack in their duties. See Penner(p84+) [39] Space precludes a detailed analysis of these issues

Case Study of Negligence

Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our â€Å"neighbors†, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: â€Å"My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called in question†. Foreseeability: For an action in negligence to succeed, it must be foreseeable that the act (or omission) of the defendant could cause harm to the plaintiff. The test is one of â€Å"reasonable foreseeability†, which is an â€Å"objective†. * Proximity: There must be some relationship between the parties for the duty to exist. In other words, proximity that requires care to be taken must exist. Application: As Tony was having the surgery in the Bright Smiles Dental Surgery, therefore, whatever will happen based on the surgery, it should be the duty of care of the Bright Smiles Dental Surgery.Be more specific, David is employed there as a full-time dentist and he was the one who attached the artificial teeth by strong dental glue instead of the way which recommended by leading dentists. If David did not change the way of attach the teeth, Tony would never get a severe infection caused by the method of fitting of the artificial teeth. Conclusion Applying the neighbour principle and reasonable foreseeability, David or the Bright Smiles Dental Surgery do owed the duty of care of Tony.And it is foreseeable that the act of the defendant, which may be David or the Bright Smiles Dental Surgery, could cause harm to the plaintiff, which is Tony. Breaching that duty of care Issue: Does the defendant ( David or the Bright Smiles Dental Surgery) breach his duty of care? Rule: * Reasonable person-Standard of care: the standard person would have foreseen harm in the circumstances and would have taken steps to prevent it. The defendant will be in breach of their duty if reasonable steps are not taken to prevent foreseeable harm.The test is an objective one –what a reasonable person thinks. * Weighting test: 1. The likelihood of injury: If the risk of injury is minimal, there will be no breach of the duty of care. 2. Gravity of injury if occurring: The seriousness of any resulting injury 3. Steps needed to remove the risk: The steps required to eliminate the risk 4. Benefit (social utility) of the defendant’s conduct: The social utility of the defendant’s conduct must be weighed against the gravity of the risk. ApplicationAs David’s conduct is measured against the reasonable person who should told Tony there was a risk to use the dental glue . It is possible that David get hurt from the dental glue and the surgery. The gravity of injury is quite serious as his teeth fell out of the new desk while he was on TV presenting the evening news. After he got home his whole mouth was aching and he complained of severe pain in the gap left by extraction. For the steps to eliminate the risk, David should foresee the harm which caused by the dental glue and the possible consequence might cause.Last but not least, there is no benefit (social utility) of the defendant’s conduct. In fact, David could transfer Tony to his other workmate if he is not familiar with the way which suggested by the leading dentist. However, David chose to do it by using the strong glue which causes all the damage. Conclusion Hence, David did breach the duty of care of Tony as he was the reasonable person who should foresee the damage and it is easy to eliminate the damage. LOSS OR DAMAGE FOLLOING FROM BREACH OF DUTY IssueWas Plaintiff (Tony)’s damage the dire ct result of defendant (David or the Bright Smiles Dental Surgery)’ breach? Rules * Causation (but for test): But for the conduct of defendant, would the damage have been suffered? The test was explained well by Lord Denning in Cork v. Kirby Maclean Ltd (1952) 2 ALL ER 402 at 407 , as follows: If you can say that the damage would not have happened but for a particular fault, then that fault is in fact a cause of the damage; but if you can say that the damage would have happened just the same fault or no fault, then the fault is not a cause of the damage.If there is more than one cause of the damage the â€Å"but for† test will have limited application. In such case the courts will use a â€Å"balance of probabilities’ test in determining causation. * Remoteness of damage (reasonable foreseeable test, the test is objective) would a reasonable person have foreseen the damage? * Assessment of damages: the aim of damages is to compensate the plaintiff for the loss or damage that flowed from the defendant’s breach of duty of care owed.Such loss or damages is quantified by the judge hearing the case to compensate the plaintiff not only for their actual loss but for their future potential loss as well. Application After diagnosing of Tony’s mouth, it was certified that there was a severe infection in Tony’s gum that was shown in tests to be caused by the method of fitting of the artificial teeth. In fact, as David decided to use the dental glue, instead of the traditional method that was recommended by the leading dentist.And David, who is the reasonable person, owned the duty of care of Tony. According to the fact, Tony not only suffers variety of physical damage but also physiological damage. He became depressed due to his appearance and loss of work, and is seeing a counsellor for therapy who suggested him to go for a holiday. Therefore, he had suffered the medical and dental expense total $ 14, 000, loss of wages $ 12,00 0, and counselling$1,800. And the cost of trip is $ 5,000. Conclusion: Therefore, Tony’s damage directly resulted from David’ breach of duty of care.If He in civil proceedings is successful, a remedy will be rewarded as compensation of dental expense $ 14, 000, loss of wages $ 12,000, and counselling$1,800. And the cost of trip is $ 5,000. What is more, he could DEFENCES TO AN ACTION IN NEGLIGENCE Issue Are there any defences available to defendant (David or the Bright Smiles Dental Surgery)? Rules Defences to an action in negligence: * Contributory negligence: It occurs where the plaintiff can be held partly to blame for the loss sustained as result of a failure to take reasonable care against a foreseeable risk of injury.This rule has been modified by statue in Section 26 of the Wrong Act 1958 3(Vic. ): Where any person suffers damages as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damage recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. Voluntary assumption of risk: if a person assumes the risk of injury voluntarily, this is complete defence to a claim of negligence. It is difficult defence to rise as it must be proved that the plaintiff was aware of the risk and accepted that risk freely. Application After checking Tony’s x-rays, David extracted the teeth and put the artificial teeth in place. However, David was not familiar with the accepted method of attaching artificial teeth recommended by leading dentists and instead attached them by way of strong dental glue.However, it was David determined to use the strong dental glue instead of the method recommended by the leading dentist. On the other side, Tony should figure out that his met hod is different from the one which recommended by the leading dentist, and he should do some more consulting of the new method which was going to be used in his surgery. Conclusion Therefore, Tony did contribute to his damage as he did not check his new method which causes the inflection and further damage.