Tuesday, December 31, 2019
Memorandum on a Trust Deed - Free Essay Example
Sample details Pages: 9 Words: 2650 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Narrative essay Topics: Act Essay Trust Essay Did you like this example? MEMORANDUM From: (Associates) To: (Partner) Re: Betty Bennettà ¢Ã¢â ¬Ã¢â ¢s Trust Deed Date: January 09, 2013 I. INTRODUCTION The memorandum is prepared for the meeting with Betty Bennett, a client who intends to set up a trust for the welfare of her grandchildren. In the following analysis, each provision in the proposed trust deed is discussed in order to identify legal issues and problems which need to be solved or avoided. Donââ¬â¢t waste time! Our writers will create an original "Memorandum on a Trust Deed" essay for you Create order The relevant suggestions are provided, and other considerations which include questions and issues to be clarified are also given in the memorandum. II. ISSUES AND RECOMMENDED PROVISIONS 1. Provision 1 A valid express trust is required to satisfy the à ¢Ã¢â ¬Ã
âthe three certaintiesà ¢Ã¢â ¬Ã which are the certainty of intention, certainty of subject-matter and certainty of objects.[1] To establish a legally effective trust for Ms Bennett, it must be shown that the client has the intention to create a trust (but not a gift or loan),[2] and immediately transfer the property when the trust is initially executed.[3] It is very clear from the wording of à ¢Ã¢â ¬Ã
âupon creation of the trustà ¢Ã¢â ¬Ã that the client has the intention to establish a trust but not a gift or loan. However, in the first provision of the drafted trust deed, it is uncertain when the trust deed will be created and when the $1 million will be transferred to the trust account. Addi tionally, the provision will be not legally enforceable to declare an intention to establish a trust for future time without considerations.[4] Therefore, the provision is invalid and needs to be redrafted to change the wordings to make sure that the trust property is immediately transferred at the commencement of the trust deed. For the requirement of subject matter, the property transferred to the trust must be certain and identifiable.[5] The property that the client intends to be held on trust is $1million. As the subject matter of the current trust is cash from Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s personal property which is tangible, the property can be identified and defined. It can be suggested that the word à ¢Ã¢â ¬Ã
âcashà ¢Ã¢â ¬Ã should be incorporated into the provision to avoid ambiguity. An express trust is established completely when the trust property is transferred to the trustees in the capacity of trustees.[6] It is highly recommended to list the names of the trustees who are Cathy and Denis, and give the details of the specific trust account set up for the purpose of this particular trust in the provision. [Recommended provision] I, Betty Bennett, hereby assign $ 1 million in cash into the specific trust account in the name of the trustees, Cathy Chen and Denise Finkel, in their capacity as trustees. Details of the specific account. Bank: Common Bank of Australia Account No: 540128 12039494 2. Provision 2 The certainty of objects requires that a valid express trust should be created for the benefit of beneficiaries who must be identified.[7] As there is an obligation to distribute the trust assets equally among all living beneficiaries in Provision 5, it seems that the trust deed is a fixed trust where the à ¢Ã¢â ¬Ã
âlist certaintyà ¢Ã¢â ¬Ã rule applies which requires that all the beneficiaries must be identified or ascertainable by the trustees at the time of distribution.[8] Although Edward can be easily identified as a beneficiary, there may be a potential issue in the provision that may be challenged that whether the definition of à ¢Ã¢â ¬Ã
âfuture childrenà ¢Ã¢â ¬Ã includes any illegitimate child of Cathy or Denise, and the children from their future marriages. Therefore, the real intention needs to be clarified and confirmed with the client. Furthermore, the wording of à ¢Ã¢â ¬Ã
âmightà ¢Ã¢â ¬Ã used in the provision lacks c ertainty of objects which may invalidate the provision. Clarifications are required by the client. The provisions in a completely constituted express trust must not offend against public policies. Despite the High Court decision in Ramsay v Trustee Executors and Agency Co Ltd[9] which upheld that the beneficiary who were absolutely entitled to the trust property when divorced with the current wife did not contravene the public policy, it has been well accepted and supported by recent authorities that any trust prejudicial to the status of marriage is void for the public policy reasons.[10] It is unclear in the provision whether the client is really willing to exclude Deniseà ¢Ã¢â ¬Ã¢â ¢s children related to Fred as beneficiaries. If it is the true intention, as long as Denise remains the present marriage with Fred, their children is not entitled to receive the trust assets. Therefore, the instructions from the client should be reconfirmed and Ms Bennett should be suggeste d that the provision is very likely to be void due to the possibilities to cause inducement to divorce or matrimonial discord. [Recommended provision] The beneficiaries of the trust are Edward Chen, all future children of Cathy Chen and Denise Finkel from legitimate marriages. OR The beneficiaries of the trust are Edward Chen, all future children of Cathy Chen and Denise Finkel regardless of marital status. 3. Provision 3 A fiduciary relationship exists when one party undertakes or acts on behalf of another party in a particular circumstance where in the context of trust, trustees have fiduciary obligations to act for the best interests of the beneficiaries.[11] In other words, a trust will not exist if there is no fiduciary relationship between the trustees and beneficiaries and the essence of a trust is described as à ¢Ã¢â ¬Ã
âan owner of property is obliged to apply the property for anotherà ¢Ã¢â ¬Ã .[12] Although most of the fiduciary obligations can be excluded by the trust instrument or obtaining the fully informed consent of the beneficiaries, the obligation to act good faith is a must for the existence of a valid trust.[13] In the provision, it is obvious that the client wishes to exempt the trustees from any breach of fiduciary obligations. However, Ms Bennett should be advised that the trust will not valid if the trustees shall not be liable to the beneficiar ies by considering the nature of a trust. It is highly recommended that the wording of à ¢Ã¢â ¬Ã
âliableà ¢Ã¢â ¬Ã should be replaced, and this part of the provision should be redrafted to reflect à ¢Ã¢â ¬Ã
âgood faithà ¢Ã¢â ¬Ã component in case of any conflict between the trustees and beneficiaries while the wording of à ¢Ã¢â ¬Ã
âexcept in cases of intentional taking of trust fundsà ¢Ã¢â ¬Ã should be considered to be too narrow and unnecessary and deleted from the provision. Under S59(4) of Trustee Act and common law authorities,[14] the trustee has a right of indemnity to reimburse himself for expenses which incurs in managing the trust property and discharge the expense directly from the trust property.[15] The trustee may also be entitled to receive remuneration with the consent of all sui juris beneficiaries or express conferral through the trust instrument.[16] The trusteesà ¢Ã¢â ¬Ã¢â ¢ right of indemnity is clearly expressed in the prov ision but the contents of the provision regarding indemnity right should incorporate a limitation which ensures that that the expenses are properly incurred. All the expenses which are unreasonably incurred by trustees should not be reimbursed. Also, the payment for trusteesà ¢Ã¢â ¬Ã¢â ¢ services mentioned in the provision must be related to the execution of the trust. In addition, there is another consideration that the client may be aware that the courtà ¢Ã¢â ¬Ã¢â ¢s conferral is required if the trustees elect to execute the right to remuneration as some beneficiaries may be under a legal age at that time. The indemnity right may be extended to beneficiaries in some circumstances. Beneficiaries who benefit from the trust should be liable to the personal risk unless it can be reasonably believed that the trustee should be responsible for the burden.[17] In the current provision, because all the beneficiaries at the time of execution of the trust are under legal age, in fant or unborn, the beneficiaries are not be required to indemnify the trustee personally by applying the Hardoon[18] rule. The difficult situation in the current trust deed will arise when some of the beneficiary turns 18 and becomes an adult legally. Since it is not very fair to protect adult beneficiaries in a trust which consists of both infant and adult beneficiaries,[19] any beneficiary who turns 18 will become liable for the burden. Consequently, it may be held by the court that the terms would invalidate the provision. Therefore, the provision should be also redrafted to reflect the issue above and deal with adult beneficiaries and infant beneficiary respectively. [Recommended provision] The trustees shall act in good faith to the beneficiaries on account of their actions as trustees. The trustees may receive some payment for their services in relation to the execution of the trust and be reimbursed from the trust funds for expenses properly and reasonably incurred in managing the trust. The trustees will have no right to claim funds directly from the beneficiaries who are under 18. 4. Provision 4 The trusteeà ¢Ã¢â ¬Ã¢â ¢s duties are not only sourced in the trust instrument but also in statute and in equity.[20] The trusteeà ¢Ã¢â ¬Ã¢â ¢s duties on investment of trust funds are largely regulated by statutory provisions. The current legislation provides a bifurcated standard of prudence in investment depending on the professional attributes of the trustee in question. More is expected of a professional trustee than an unpaid family trustee. Under s 14A of Trustee Act 1925 (NSW), trustees, if he or she is not a professional trustee like trustees in proposed trustee, are required to exercise diligence and skill that a prudent person would exercise in managing the affairs of other persons when exercising a power of investment. Because current statute explicitly imposes duties of prudent person on the trustee for investment of trust funds, Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision that requires the trustee to attempt to invest trust money prude ntly is unnecessary. Moreover, the current legislation requires the standard of prudent person in managing the affairs of other persons. The standard of prudent person in managing the affairs of other persons and the standard of prudent person in managing their own affairs are different. However, Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision is ambiguous about which standard is required. The standard of care imposed on a trustee can be altered by express terms in the trust instrument, but the express terms should not cause ambiguousness. Most, but not all, liability for breach of trust can be excluded by specific provision in the trust instrument.[21] The Court of Appeal in Armitage v Nurse[22] held that a trusteeà ¢Ã¢â ¬Ã¢â ¢s liability for negligence could be excluded, but it would offend public policy to allow an exemption clause to exclude liability for actual fraud or dishonesty. Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision that expressly exempts the trusteeà ¢ â⠬â⠢s liability for the investment decisions can be interpreted to include any liability including actual fraud and dishonesty. Therefore, the drafted provision can be invalid because it is against public policy. In summary, the drafted provision 4 by Ms Bennett is problematic and it should be deleted. [Recommended provision] (Delete) 5. Provision 5 There are rules to limit the duration of private trusts. These are collectively known as the à ¢Ã¢â ¬ÃÅ"rule against perpetuitiesà ¢Ã¢â ¬Ã¢â ¢. The rule against perpetuities requires a disposition of property to vest with in certain period of time. The trusts that infringed these rules are void. Under s 7(1) of Perpetuities Act 1984 (NSW), the perpetuities period is 80 years from the date when the disposition takes effect. Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision states that the trust shall vest when the youngest beneficiary turns 18. Because the beneficiaries of the proposed trust are all future children of Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s two daughters, the youngest beneficiary will technically be the last born child of Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s two daughters, either Cathy Chen or Denise Finkel. It is not clear whether Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision breaches the rule against perpetuities making the trust void because it is no t certain whether the last child of either Cathy Chen or Denise Finkel can be born after 62 years from the date of disposition to exceed 80 year statutory perpetuity period. However, it is certain that Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provision causes future difficulties in making the trust vested within in a certain period of time because the trustees will have difficulties in deciding who the last child of Cathy Chen or Denise Finkel will be. In addition, from Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s wishes, it seems that she wants to provide benefits for her existing and future grandchildren from the proposed trust. However, under her drafted provision, most of the beneficiaries will have no benefits for a long time until the youngest beneficiary who is even unborn at the time of the establishment of the trust reaches 18. It is doubtful that Ms Bennett intended this situation. In summary, the drafted provision 5 by Ms Bennett is problematic and it should be replaced by the recomm ended provision below. [Recommended provisions] The trust shall vest when the eldest beneficiary turns 18. At that time, all remaining trust assets will be distributed equally among all living beneficiaries. OR The trust shall vest when either the youngest beneficiary turns 18 or 80 years from the date of this trust deed, whichever is earlier. At that time, all remaining trust assets will be distributed equally among all living beneficiaries. III. Questions and Other Considerations 1. Does Ms Bennett want to create an inter-vivos trust or a testamentary trust? For the purpose of the proposed trust, there are two methods available for creating a trust. But Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provisions do not specify which method she intends to use. One method is testamentary trusts and the other is inter vivos trusts. Ms Bennett has to decide which method she prefers. 2. What does Ms Bennett mean by à ¢Ã¢â ¬ÃÅ"childrenà ¢Ã¢â ¬Ã¢â ¢ in the drafted provision as beneficiaries? As already discussed in II-2 above, the beneficiary must be certain. In other words, the beneficiaries of a trust must be identifiable. However, the word à ¢Ã¢â ¬ÃÅ"childrenà ¢Ã¢â ¬Ã¢â ¢ in Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s proposed provisions makes the beneficiaries to be uncertain because it is not clear whether the à ¢Ã¢â ¬ÃÅ"childrenà ¢Ã¢â ¬Ã¢â ¢ include the children only from legal marriage or not. Therefore, Ms Bennett should decide whether she wants to include children only from legal marriage or not. 3. What is Ms Bennetteà ¢Ã¢â ¬Ã¢â ¢s intended vesting period of the proposed trust? As discussed in II-5 above, the proposed provision 5 is problematic. Therefore, we proposed two versions of recommended provisions. Nevertheless, it would be more appropriate to understand what Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s intended vesting period is. 4. How does Ms Bennett want to distribute the income from investment of trust property? The trustee is under a duty to invest trust funds rather than to simply hold them safe.[23] Therefore, certain income will be generally created from the trust property. However, Ms Bennettà ¢Ã¢â ¬Ã¢â ¢s drafted provisions do not instruct the trustees how to deal with the income generated from the trust property. Ms Bennett should provide the relevant provisions. Recommended Provision The trustees must accumulate and retain the income generated from investment of trust property for the benefits of the beneficiaries. The accumulated income will become trust assets and distributed equally among all living beneficiaries at the time of termination of the trust. 1 | Page [1] M.W. Bryan and V.J. Vann, Equity Trusts in Australia, (Cambridge University Press, 2012), p226; Knight v Knight (1840) 3 Beav 148, 173. [2] Byrnes v Kendle (2011) 243 CLR 253, 253. [3] Harpur v Levy (2007) 16 VR 587, 601. [4] Cochrane v Moore (1890) 25 QBD 57, 72-73. [5] Hunter v Moss[1994]1 WLR 452. [6] Milroy v Lord (1862) De GF J 264. [7] P Creighton, à ¢Ã¢â ¬Ã
âCertainty of Objects of Trusts and Powers: The Impact of McPhail v Doulton in Australiaà ¢Ã¢â ¬Ã (2000) 22 Sydney Law Review 93. [8] Inland Revenue Commissioners v Broadway Cottages Trust [1955] Ch 678. [9] (1948) 77 CLR 321. [10] Church Property Trustees, Diocese of Newcastle v Ebbeck (1960) 104 CLR 394, 404; Jones v Krawczyk (2011) 7 ASTLR 104, at [38]. [11]Bryan and Vann, above no 1, pp156, 162. [12] Ibid, p230. [13] Ibid, p164; Armitage v Nurse [1998] Ch 241, 253-254. [14] Section 59(4), Trustee Act (NSW); Worrall v Harford (1802) 8 Ves Jun 4, 8. [15] Bryan and Vann, above no 1, pp323, 324. [16] Graham Moffat, Gerry Bean and Rebecca Probert, Trusts Law: Text and Materials, (Cambridge University Press, 5th , 2009), p447; Duke of Norfolks Case(1682)3 Ch. Cas. 1, 22 Eng. Rep. 931. [17] Hardoon v Belilios [1901] AC 118. [18] Hardoon v Belilios [1901] AC 118. [19] Bryan and Vann, above no 1, pp332, 333. [20] MW Bryan and VJ Vann, above no 1, 279. [21] MW Bryan and VJ Vann, above no 1, 339. [22] [1997] 2 All ER 705. [23] Adamson v Reid (1880) 6 LLR (E) 164.
Monday, December 23, 2019
Rhetorical Analysis on Energy Disaster - 1068 Words
Dana Trimmer Rhetorical Analysis In Michael T. Klareââ¬â¢s ââ¬Å"The Coming Era of Energy Disasters,â⬠he seems to focus on the major risks off shore drilling the causes and the effect on the environment. The overall argument conveys that unless the oil industry and the consumer take an alternative route to dangerous oil drilling ââ¬Å"more such calamities are destined to occurâ⬠(Klare 1). Klare is very vocal in criticizing of the BP executives concerning the Deepwater Horizon disaster. He proceeds to state the fact the chief executives of BP chose to call the accident and oversight ââ¬Å"a fallacious, if not outright lieâ⬠(Klare 1). Klareââ¬â¢s article offers four scenarios that point to the escalating chances of major disasters if oilâ⬠¦show more contentâ⬠¦While this is very plausible it has not happened to the Hibernia at the present time. Klareââ¬â¢s persuasive appeal tends to lean more on the readers emotions. His scenarios tend to try to spark anger by t he reader. Klare uses scenario number two to raise the awareness that Nigerians are already impoverished and are being used by the government unfairly. Klare in one hand has his audience feeling poorly for the Nigerian workers and in the other suggests, do to ââ¬Å"the pipeline vandalism, kidnappings and militant takeovers of oil facilitiesâ⬠(Klare 3) that America has reason to aid the military. Klare has his audience upset and emotionally unsure that simulates his imaginary scenario. Klare escalates the insurgence of the Niger Delta region, placing the Nigerian oil output down to a third of its capacityâ⬠(Klare 3). Klare angers his readers by having them believe they will be ââ¬Å"paying $5 per gallon of gasoline in the United States and convincing them the economy is headed for another deep recessionâ⬠(Klare 3). This is Klareââ¬â¢s strategy for all of his scenarios. It is interesting that throughout the article Klare is very anti-oil drilling and uses very harsh examples and words, but finishes his article on a softer note with a disclaimer. Klare reminds his intendedShow MoreRelatedA Neo Aristotelian Analysis Of President Obama s Oval Office Address On Bp Oil Spill Energy 1613 Words à |à 7 PagesProfessor Eleanor A. Lockhart Rhetorical Criticism 2 October 2015 A Neo-Aristotelian Analysis of President Obamaââ¬â¢s: Oval Office Address on BP Oil Spill Energy On June 15, 2010, President Barack Obama formally addresses the Deepwater Horizon oil spill to inform people of his plans to contain the oil spill and the nation s need for clean energy. 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Sunday, December 15, 2019
Use Case Narrative Enrollment System Free Essays
An E-commerce Website Use Case Name: Search and browse products ID: US-I Priority: High Actor: Shopper Description: This use case describes a shopper who searches and browses products. Trigger: A shopper is looking for a specific product. Trigger Type: External Preconditions: 1 . We will write a custom essay sample on Use Case Narrative: Enrollment System or any similar topic only for you Order Now The shopper is knowledgeable about the product he/she is looking for. 2. The website is available. 3. The advertisement and buyer account databases are up-to-date and online. Normal Course: 1. 0 Search and browse products and select product to purchase 1 . The shopper pacifies the category of the item and the item itself to be searched. 2. The system verifies that the item is available. 3. The system generates all the products matching the search request. 4. The shopper selects a product and wants to place it in a cart. 5. The system asks the shopper to log in. (Alternative Course 1 . 1) 6. The shopper logs in his/her buyer account. 7. The system verifies the account. 8. The shopper adds the product to cart. Information for Steps Search Criteria List of approved ads Buyer Account List of Buyer Accounts New Cart Entry Modified Cart Alternative Courses: 1. The shopper doesnââ¬â¢t already have a buyer account. (branch at step 5) 1. The shopper registers his/her desired surname and password. 2. The system verifies if the surname is still available. AAA. The surname is still available. AAA. The shopper has created a buyer account. Return to Normal Course Step 6. 5. B. The surname already exists. B. The system asks the shopper if he wants to continue registration or not. B. 1 The shopper wants to continue registration. B. 1 Return to Alternative course 1. 1 step 1 B. 2 The shopper cancels the request. B. 2 The system terminates the use case. Surname and Password List of Buyer Surnames New Buyer Account Request for re-registration Cancellation Postpositions: 1 . One or more products are added to the shopperââ¬â¢s cart. 2. Cart has been modified. 3. The unregistered shopper has created a buyer account. Exceptions: El: Search request returns no result. (occurs at step 2) 1 . The system displays the message inform search did not match any records. Try another search. ââ¬Å". 2. The system starts Normal Course again. E: Buyer Account is not valid. (occurs at step 7) 1 . The system displays the message inform surname and password is not valid. Please re-enter your surname and password. ââ¬Å". E: Account inputted is not a Buyer Account. (occurs at step 7) 1. The system displays the message inform account is a Seller Account. Please enter a Buyer Account. ââ¬Å". 2. Return to Normal Course step 5. Summary Inputs Source Outputs Destination Request for re-registration or Cancellation Shopper Active Advertisement Database Buyer Account Database Cart Database Use Case Name: Purchase products online ID: US-2 Actor: Buyer Description: This use case describes a buyerââ¬â¢s purchase of product(s) on his/her cart online. Trigger: A buyer wants to buy a product. . The buyerââ¬â¢s account is authenticated. 2. The buyer account database 3. One or more products are in the cart. 4. The buyer has specified readiness to check out and buy product(s) in his/her cart. 1. 0 Buyer confirms the intent to buy and supplies payment. 1. The buyer opens his/ her cart. 2. The system displays the cartââ¬â¢s contents with price(s) of product( s) included. 3. The buyer purchase product(s) via Papal. 4. The buyer entered the payment information. 5. The system verifies the payment informationââ¬â¢s authority. 6. The buyer confirms the payment transaction. (Alternative Course 1 . 1) 7. The system recesses payment. 8. The system confirms the paymentââ¬â¢s success. 9. The system removes the purchased product(s) from the cart. 10. The buyer wants to view and print the recent or all the payment transactionââ¬â¢s report Information for Steps Purchase Authorization Cart Contents Payment Information Payment Informationââ¬â¢s Authorization Payment Confirmation Product(s) Sale(s)ââ¬â¢ details Payment Transaction List of Payment Transactions Payment Transaction(s)ââ¬â¢ report(s) 1. 1 Buyer cancels payment. (branch at step 6) 1 . The buyer cancels the payment transaction. 2. Return to Normal Course 6. 1. Cart has been modified. Product(s) purchase is recorded. 3. Product(s) sales transaction is recorded. 4. The buyer has the printed reports for the recent or all the payment transactions. El: Payment Information is not authorized. (occurs at step 5) 1. The system displays the message ââ¬Å"The payment information is not accepted. Please enter an authorized paym ent information. ââ¬Å". 2. Return to Normal Course step 4. Payment Informationââ¬â¢s Authorization Buyer Payment Clearinghouse Payment Transaction Database Payment Transaction(sys report(s) Product Sales Database Use Case Name: Post advertisement entries ID: US-3 Actor: Seller Description: This use case describes a seller posting advertisement entries. Trigger: A seller want to post an advertisement entry. 1 . The sellerââ¬â¢s account is authenticated. 2. The seller is knowledgeable about the product he/she is going to advertise. 3. The 4. The seller account database is up-to-date and online. 1. 0 Buyerââ¬â¢s posting of product advertisements. 1 . The seller wants to post an advertisement entry. 2. The system asks the seller to log in his/her seller account. 3. The seller logs in his/ her seller account. (Alternative Course 1 . 1) 4. The system verifies the account. 5. The seller inputs the advertisement information. The system verifies the advertisement information. 7. The seller confirms the advertisement. 8. The system confirms the advertisement entry for admit approval. Information for Seller Account List of Seller Accounts Advertisement Information Advertisement Confirmation New Advertisement Entry 1. 1 The seller doesnââ¬â¢t already have a s eller account. (branch at step 3) 1. The seller registers his/her desired surname and password. 2. The system verifies if the surname is still available. AAA. The surname is still available. AAA. B. B. The seller has created a seller account. Return to Normal Course Step 4. The surname already exists. The system asks the seller if he wants to continue registration or not. B. 1 The seller wants to continue registration. B. 2 The seller cancels the request. List of Seller Surnames New Seller Account 1 . The advertisement entry is added to the advertisement database for admit approval. 2. The unregistered seller has created a seller account. El: Seller Account is not valid. (occurs at step 4) 1 . The system displays the message mirror surname and password is not valid. Please re-enter your surname and password. ââ¬Å". E: Account inputted is not a Seller Account. (occurs at step 4) 1 . The system displays the message inform account is a Buyer Account. Please enter a Seller Account. ââ¬Å". 2. Return to Normal Course step 3. Seller Seller Account Database Pending Advertisement Database Use Case Name: Management of sellerââ¬â¢s active advertisements ID: US-4 Description: This use case describes the seller viewing his/her active advertisements. Trigger: The seller wants to view his/her active advertisements. Trigger Type: External 1 . The seller account is authenticated. 2. The advertisement database is up-to-date and online. 1. 0 Managing of active advertisements 1 . The seller wants to manage his/her active advertisements. The system displays all the sellerââ¬â¢s active advertisements. AAA. The seller edits the contents oaf specific advertisement. AAA. The system confirms the modification. B. The seller confirms the deletion an advertisement(s). B. The system confirms the modification. List of Active Advertisements Edit Information Edited Advertisement Deleti on Confirmation Deleted Advertisement(s) None 1 . Advertisement Database has been modified. List of Active Advertisements Use Case Name: Sales Revenue Report ID: US-5 Priority: Low Description: This use case describes a seller viewing and printing his/her sales revenue report. Trigger: A seller wants to view and print his/her sales revenue report. 1. The sellerââ¬â¢s account is authenticated. 2. The product sales database is up-to-date and online. 1. 0 Viewing and printing of sales revenue report 1. The seller wants to view his/her sales revenue report. 2. The system displays his/her sales revenue report. 3. The seller confirms the print of the report. 4. The system print the sales revenue report. List of Sales Revenue Sales Revenue Report 1 . The seller has the printed report of his/her sales revenue. Use Case Name: Management of all the advertisements ID: US-6 Actor: Admit Description: This use case describes the admit managing all the pending and active advertisements. Trigger: The admit wants to manage the advertisements. 1. The admanââ¬â¢s account is authenticated. 2. The admit account database is up-to-date and online. 3. The advertisement database is up-to-date and online. 1. 0 Managing of all the advertisements 1. The admit logs in his/her admit account. 2. The system verifies the account. 3. The admit wants to manage all the advertisements both pending and active. 4. The system displays all the pending and active advertisements. AAA. The admit selects and view a pending advertisement. How to cite Use Case Narrative: Enrollment System, Essays
Friday, December 6, 2019
Business Communication Fruits and Health
Question: Discuss about the Business Communication for Fruits and Health. Answer: Introduction Intake of fruits and health are pronounced at one go. The queen garnet purple fruit is one such finding by the researchers that will help in instant reduction of fat among the living beings. Thus, it can be said that people can stay slim and fit with the help of this fruit. The fruit was discovered in the rural areas of Australia. The report will look into various aspects of fruit and discuss why the fruit considered being the super food of the generation. Origin Professor Lindsay Brown along with this team of researchers has discovered the queen garnet plum while working at the University of Southern Queensland (USQ). The research team is the metabolic syndrome research team. The team worked with Dr. Hemant Poudyal and Dr. Sunil Panchal, worked on the purple fruits, and identified the purple plum. Researchers like, Mr. Maharshi Bhaswant, Professor Brown and Dr. Panchal worked with the local farmers of Queensland. The plums are being considered as the next super food of the market (Hough, 2014). Chemical constituents The main content of the fruit is anthocyanin, which is a strong anti-inflammatory compound. The purple color helps in blocking the NF-kB (Tremain, 2015). The NF-kB is the main compound that works as catalyst to increase the fat in the body of the living beings. Anthocyanin is mainly helpful because it has minimum anti-inflammatory side effects if any individual takes it. Health benefits The purple colored plum that was invented in the rural areas of Queensland is known for its health benefits like fighting the obesity among the individuals. The anthocyanin, a pigmentation that is helpful in fighting inflammation is the current sensation in the fruit market of Australia. The fruit has been tested in fat rats and it has proved that it helps in reducing fat among the living beings (ABC News, 2015). It has been expected that the plums will work on the human beings as well, as the physical functions of the human beings are quite similar to those of the rats (Courtney, 2016). When level of obesity raises among the rats, there is increase in the blood pressure; decrease in the heart functions, collagen deposition takes place in the heart and results in the stiffness of the heart. Moreover, the liver is damaged. When the human beings become obese, they face similar kinds of consequences in their body. Thus, the plum will help the human beings as it has helped the rats. Drawback The main drawback of the invention is that it has been tested on rats and not on human beings. Scientists feel that it will take a lot of expenditure when it will be tested on the human beings. The advantage of the products is still on the level of estimation that it can help in reducing diseases in the body. Conclusion It can be concluded that the invention of queen garnet purple plum will be helpful for the current generation. The present generation is fighting with obesity. The chemical constituent suggests that it will be helpful but the drawback that it tested on the rats and not on human beings puts a questions mark on the inventions. References ABC News,. (2015).Freak plum hailed in obesity fight after fat rats 'return to normal'.ABC News. Retrieved 16 September 2016, from https://www.abc.net.au/news/2015-02-14/antioxidant-rich-plum-to-fight-obesity/6094914 Courtney, P. (2016).The Colour Purple - Landline - ABC.Abc.net.au. Retrieved 16 September 2016, from https://www.abc.net.au/landline/content/2015/s4180101.htm Hough, C. (2014).Queensland plums the latest 'super food'.ABC Rural. Retrieved 16 September 2016, from https://www.abc.net.au/news/2014-01-20/super-plum/5209032 Tremain, H. (2015).Australian Scientific Breakthrough on the Purple Plum.Thefoodcoach.com.au. Retrieved 16 September 2016, from https://www.thefoodcoach.com.au/articles/?ArticleID=1523.
Friday, November 29, 2019
50 Latin Phrases You Should Know
50 Latin Phrases You Should Know 50 Latin Phrases You Should Know 50 Latin Phrases You Should Know By Mark Nichol Latin expressions are often adopted into English, often with an extended or figurative meaning. Here are fifty of the most common phrases, followed by their literal translation in Latin and the meaning in English (omitted when the meaning follows the literal translation). 1. a posteriori (from the latter): based on experience 2. a priori (from the earlier): independent of experience 3. ad hoc (for this): said of something created or formed for a special case 4. ad infinitum (to infinity): something that keeps going forever 5. alea jacta est (the die is cast): said when a plot is set into motion 6. ars longa, vita brevis (art is long, life is short) 7. casus belli: (cause of war): where the blame lies 8. caveat emptor (let the buyer beware): a reference to the principle that a customer is responsible for making sure that a product is in good working order 9. compos mentis (of healthy mind): sane 10. ex cathedra (from the chair): with the full authority of office (often used in reference to the Catholic popeââ¬â¢s infallibility, but also employed in other contexts) 11. ex post facto (after the fact): realized with hindsight 12. de facto (from fact): something that happens in practice but is not necessarily established by law 13. de jure (from law): the contrary of de facto; something established by law 14. dies irae (day of judgment) 15. dramatis personae (persons of the drama): refers to a list of actors, or to the principal participants of an event or in a group 16. genius loci (guardian spirit): the character of a place 17. honoris causa (for the sake of the honor): an honorary degree 18. horribile dictu (horrible to say) 19. in extremis (in the farthest reaches): in a difficult situation, or at the point of death 20. in flagrante delicto (in the burning crime): caught in the act 21. in medias res (into the middle of things): in the midst of action (said of the opening of a story or account) 22. in situ (in that place): in its original place 23. in toto (as a whole) 24. ipso facto (by the very fact): because of that fact 25. inter alia (among other things) 26. mea culpa (I am responsible): forgive me 27. memento mori (remember that you must die): a reminder of mortality 28. mens sana in corpore sano (a healthy mind in a healthy body) 29. mirabile dictu (amazing to say) 30. modus operandi (method of operating): way of working (also MO) 31. ne plus ultra (none more beyond): without equal, the greatest degree 32. non sequitur (it does not follow): said of something that does not logically relate to what came before 33. nota bene (note well): take note (also NB) 34. o tempora o mores (oh, the times, oh, the morals): said in criticism of behavior 35. omnia vincit amor (love conquers all) 36. panem et circenses (bread and circuses): said of things offered to the masses to distract them from what they should attend to for their own benefit 37. per se (by itself) 38. post hoc ergo propter hoc (after this, therefore because of this): effect follows cause 39. prima facie (at first look): based on the first impression, or accepted as correct until proved otherwise 40. primus inter pares (first among equals) 41. pro forma (for form): for the sake of appearances or form 42. quid pro quo (this for that): something given in exchange for something else (hence quid, the nickname for the pound in UK currency) 43. quis custodiet ipsos custodes (who watches the watchers?): who shall protect us against those who (supposedly) protect us? 44. sic transit gloria mundi (thus passes the glory of the world): fame is fleeting in this world 45. sine qua non (without which thing . . . not): said of something indispensable 46. sub rosa (under the rose): happening or done in secret 47. sui generis (in its own class): unique 48. tabula rasa (scraped tablet): blank slate (the concept of the human mind before it receives impressions from experience) 49. tempus fugit (time flies) 50. terra firma (solid ground): often used figuratively to refer to certainty 51. vox populi (voice of the people) Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:Compared "to" or Compared "with"?Acronym vs. InitialismRite, Write, Right, Wright
Monday, November 25, 2019
10 Facts and Ideas to Disclose in Your Domestic Violence Research Paper to Engage the Audienceââ¬â¢s Attention
10 Facts and Ideas to Disclose in Your Domestic Violence Research Paper to Engage the Audienceââ¬â¢s Attention Domestic violence is a common topic in research papers for psychology classes. While writing a domestic violence research paper can be difficult, knowing a few important facts about the issue can help make your paper more interesting to those who read it and make it an easy assignment for you to write. One in three women has been the victim of abusive relationships. Women are more likely to be the victims of domestic violence than men are. Women who are in their 20ââ¬â¢s are most likely to be the victims. Mentioning this statistic in your paper is sure to bring some shock value as well as a great jumping-off point for the topic of your paper. One in four men has been the victim of abusive relationships.While men are less likely than women to be the victims of domestic violence, the number of men who are abused is shockingly high. Oftentimes, men are overlooked when it comes to domestic abuse. Rape, physical abuse, and verbal abuse are common for men facing domestic abuse. Focusing on men as a topic of your paper can look at the issue of domestic abuse from a new angle. Gay and bisexual men are more likely to be hurt by their partners than straight men. Two in every five gay or bisexual men are the victims of domestic abuse. This is slightly higher than the static of men, in general, being the victims of domestic abuse. Writing about domestic violence from the viewpoint of the LGBT community is a unique way to write about this topic. Domestic violence hotlines receive more than 200,000 calls each year (in the United States). Not everyone who is a victim of domestic abuse is brave enough to speak out, but many of those who do reach out to domestic abuse hotlines or shelters. By interviewing hotline workers, or by volunteering for one of these hotlines, you could get the first-hand experience of people who work with domestic violence victims. Of course, you are not likely to use quotes from actual calls as that would be a violation of the victimââ¬â¢s privacy. Almost 20% of domestic violence involves the use of a weapon.Domestic violence doesnââ¬â¢t need to be physical, but it often is. Having a weapon in the home often makes the fate of a domestic violence sufferer grim. When a woman (who is the victim of domestic violence) lives in a home with a gun, she is five times more likely to be murdered by her partner than a woman who lives in a home without a gun. Using this fact, you could also write about gun violence/gun laws, in general, in your research paper. One in five women is likely to be raped in their lifetime.This is another shockingly high statistic that can be used in your research paper. While not all women who are in domestic violence situations are raped, many of them are. In some states, marital rape is not illegal. Not all women who are raped report it. Rape culture, the way rape is discussed in society, is a leading factor in this. Writing about this can give an extra dimension to your research paper. Almost half of the women who are victims are raped by people they know.Over 40% of rapes are committed by an acquaintance of a victim. One interesting point to write about in your research paper would be to research why this happens. Men are less likely to be raped by someone they know. Looking at this difference could provide an interesting angle for your paper. People who are sexually abused are more likely to contract STIââ¬â¢s and STDââ¬â¢s.People who are sexually abused are more likely to have sexual infections or diseases, as rapists and abusers are less likely to use protection. What are some of the other medical effects of sexual violence? Looking into this can add depth to your paper. Children who live in homes with domestic violence are more likely to be neglected or abused by their parents.Children who grow up in a household where one parent is abused by the other are more likely to be affected as well. If they are not abused, they are still more likely to be neglected than children whose parents are not victims of domestic violence. Researching the effects of domestic violence on children is a unique way to write about this topic. Children who grow up seeing domestic violence are more likely to commit a violent crime when adults than children who do not grow up experiencing domestic violence. Children who grow up in homes with domestic violence are more likely to commit violent crimes when they are adults. Does this mean that they are also more likely to become abusers in their relationships? Look into this to see how different children choose to live their lives after leaving a home with domestic violence. We hope these facts can give you a stepping-stone to write your research paper on this problem. You can even use more than one of these facts in your paper. References are listed below. Feel free to cite these same sources in your paper. Moreover, if you canââ¬â¢t make up an interesting topic for your paper, our experts have completed a list of on-point topic ideas that could come in handy to you. Good luck! References: Childhood Domestic Violence Association. (2014). 10 Startling Statistics about Children of Domestic Violence. Domesticshelters.org. (2015). Men Can Be Abused, Too. National Coalition Against Domestic Violence. (2018). National Statistics. Young, Joel. (2015). 5 Facts Everyone Must Know About Domestic Violence.
Thursday, November 21, 2019
Living an excellent life Essay Example | Topics and Well Written Essays - 1250 words
Living an excellent life - Essay Example For instance, a good flutist is ââ¬Ëgoodââ¬â¢ as far as his flute playing is good (Parry). Aristotleââ¬â¢s definition also held that goodness was an end in itself. Eudaimonia was reached when there was ââ¬Ënothing missingââ¬â¢ from a life. Therefore, a good life was also a ââ¬Ëcompleteââ¬â¢ life. He also specifically identifies human goodness with psychological goodness rather than a material or physical goodness. His happiness is of the mind, rather than of the body (Parry). These are just a few facets of the more complex notion of eudaimonia or happiness that Aristotle defines in his treatises. This idea however has evolved over the years and ââ¬Ëgoodnessââ¬â¢ or a ââ¬Ëgood lifeââ¬â¢ today does not necessarily have to do with serving oneââ¬â¢s ââ¬Ëfunctionââ¬â¢ or leading a purely virtuous life. There has even been the question of whether goodness or happiness is really of the mind alone. Bill Clegg and Matthew Dickman are two contemporary writers who present rather different opinions on what makes an excellent life. Bill Cleggââ¬â¢s memoir Ninety Days traces his progress through ninety days of rehabilitation from drug addiction while Dickmanââ¬â¢s poems touch upon many contemporary issues found in relationships like gender roles, abuse, and pain, among others. These two writers present rather different views on what makes a ââ¬Ëgood lifeââ¬â¢ and this paper will explore how they compare to each other as well as to Aristotleââ¬â¢s concept of eudaimonia. Bill Clegg, in his autobiographical work, Ninety Days, formulates a set of principles that, to him, make a life worth living. He traces his descent into drug addiction and back again into sobriety in the memoir. One of the key requirements, according to Cleggââ¬â¢s worldview, to moving towards a good life, is honesty; honesty with oneââ¬â¢s friends and family, but most importantly, honesty with oneself. This honesty needs to be coupled with a stric t regime to recover from any negative or debilitating experience like turning into an addict. Cleggââ¬â¢s own commitment to rehabilitation, as recorded in Ninety Days, is not free from trouble. He has a relapse, for instance, when just three days away from his goal and yet he starts again. Clegg, therefore, leaves room for mistakes and believes in a greater redemptive power that can overcome weakness. Another one of Cleggââ¬â¢s requirements for a good life is the need to establish contact with others. For instance, at one point, when he has only sixteen more days to go, he has to move out from Noahââ¬â¢s apartment when he is not there. However, he needs to have a friend, Sai, with him while he moves out only to have a ââ¬Ëglamorous force fieldââ¬â¢ around him to make him feel better and stronger when he reenters the building he left on a stretcher for the first time. This need for companionship and the value that Clegg attaches to forming human relationships is missin g from Aristotleââ¬â¢s idea. Cleggââ¬â¢s friend in rehab, Polly, is another example of how Clegg considers establishing human contact with others as an instrumental part of getting sober and back to living a good life again. Polly is in many ways a foil to Clegg, she is both similar to him in circumstances and yet very different. In the extract where Clegg describes his first meeting with Polly, he declares how his first thought at seeing her was ââ¬ËI hope she doesnââ¬â¢t want to talk after the meetingââ¬â¢ but he winds up chasing after her for her number. Their growing attachment is also
Wednesday, November 20, 2019
Future, past. present Essay Example | Topics and Well Written Essays - 1250 words
Future, past. present - Essay Example Therefore, this discussion seeks to analyze the past, present and future of law enforcement, with a view to establishing how this particular component of the legal system has evolved over time, how it has related with the other components forming the criminal justice system, its present state, and the likely nature of this component in the future. The past of law enforcement The history of the concept of law enforcement dates back to the settlement of the colonists in America, where the colonists who settled in America imported their constable system of law enforcement, with each community required to constitute a watchdog force that kept peace while dealing with the criminals and crime resolution, under the leadership of a chief peacekeeper, also referred to as the constable (Bumgarner, 2006). This was mainly applicable in the urban regions where the settlers had established their settlements. In the southern states, the concept of law enforcement developed with the establishment of the slave patrols, which was meant to whip and terrorize slaves, to prevent them from holding meeting or leaving their plantations without the express authorization of their masters, or even travelling (Roth, 2011).The first organized and paid policing force was established by City of Boston in 1635, followed by Texas in 1835, whose police force was referred to as the rangers, followed by the Municipality of New York in 1884, and eventually the other cities started following suit, but it is only until the Civil War, that a uniformed law enforcement force was established, which used nightsticks as their main weapon (Roth, 2011). Despite this organization, the law enforcement forces were controlled by politicians who presided over the cities and the municipalities, and thus they operated on the basis of their orders. However, the data of the number of the police officers in America remains scanty especially regarding the past, considering that the police officers established by diffe rent municipalities and cities could not be practically enumerated, since the law enforcement forces were not organized into a full disciplined force (Bumgarner, 2006). However, the existing data regarding the earliest disciplined force that was well organized is that of the U.S. Capitol Police (USCP) formed in 1852, which comprised of the 7 officers, with a chief officer, 4 assistant chiefs and 2 other ground patrol officers (Bumgarner, 2006). The U.S. Capitol Police (USCP) forms one of the few primary law enforcement force, still maintained by the federal government, which currently comprises of over 1,000 disciplined officers, forming the USCP federal department. The major reforms in the law enforcement started in the 20th century, where reforms regarding the qualifications, education and training of the enforcement officers, as well as the elimination of the political control over the law enforcement came into the limelight. The present of law enforcement The present state of la w enforcement in the US now comprises of well trained and disciplined forces, with well structured recruitment formulae and requirements. The other aspect of the current state of the law enforcement component of the justice system is that their duties and responsibilities are now well cut out, with such provisions enshrined in the constitution and in the law enforcement policies and regulations that guide their operations. Presently, as
Monday, November 18, 2019
Law specialism Incorporated - legal firms and internships Essay
Law specialism Incorporated - legal firms and internships - Essay Example (See Appendix I ââ¬â Summary of Allen & Overyââ¬â¢s Requirements on page 11) Clifford Chance offers 4-weeks summer and winter intern schemes to all students who are enrolled in Bachelor of Laws (LLB), Master of Laws (LLM), and Graduate Diploma in Law (GDL) courses at the universities in England (Clifford Chance, 2013a, 2013c). Basically, the 4-weeks summer and winter intern schemes facilitate the law students to learn more about how it is to work for Clifford Chance. Even though Clifford Chance is encouraging both law and non-law students to apply for internship during their final year; a significant part of their recruitment and selection process and qualification is to complete their degrees (Clifford Chance, 2013a). After completing the internship programme, students are anticipated to submit their application for trainee solicitor contract (Clifford Chance, 2013b). Freshfields Bruckhaus Deringer offers 3 summer vacation schemes (Freshfields Bruckhaus Deringer, 2013a). ... In case the applicant is not a law degree holder, Freshfields Bruckhaus Deringer requires the applicant to enrol in Graduate Diploma in Law prior to LPC (Freshfields Bruckhaus Deringer, 2013c). To qualify for the 4 weeks internship program at Linklaters, the applicant should be at least on the 4th or 5th year in law-related courses (Liklaters, 2013). In general, working for long hours can be harmful to oneââ¬â¢s health (Stevens, 2013). Even though all members of the ââ¬Å"Magic Circleâ⬠has their own unique formal policy when it comes to the recruitment and selection process of law students who wish to apply for an internship programme, only Linklaters requires the applicants to let their parents sign the parental consent form (Social Mobility Foundation, 2013). Likewise, only Linklaters clearly stated the no smoking and drinking during the internship period and anyone who will be caught misbehaving (i.e. fighting, etc.) will automatically be disqualified for the said progra mme (Social Mobility Foundation, 2013). For applicants who wish to apply for the 2-year training contract at the Slaughter and May, applicants are required to complete their law degree or pass the GDL or Common Professional Examination (CPE) on top of the Postgraduate Certificate of Laws (PCLL) (Slaugther and May, 2013a). The recruitment and selection process of the ââ¬Å"Magic Circleâ⬠members are done formally. These firms require all applicants of training contracts to be on their final year in school. Internsââ¬â¢ salary or wages varies from one firm to another. For instance: Both Linklaters and Slaughter and May offer ?300 per week for their summer vacation programmes whereas Clifford Chance offers
Saturday, November 16, 2019
Bidding Strategy of Construction Companies
Bidding Strategy of Construction Companies Introduction This report aims to assess the value to construction companies of having a defined bidding strategy that is complied with when tendering for new work. The majority of construction companies have a bidding strategy of some form whether it is specified or not, in the instance that a company does not engage in a process of selection when approaching new work then they will offer little value as they would be pricing every job available regardless of the contract value, location, programme or their previous experience of that type of work. At the time of writing the UK economy (in particular the construction industry) remains gripped by the instability and uncertainty created by the financial market turmoil that occurred throughout 2007 2008 leading to the greatest economic crisis and subsequent recession since the Great Depression of the 1930s (Brunnermeier, Markus K., 2009). As such construction companies are faced with a market place as competitive as any in living memory, for most turnover and profits have dropped significantly and this subsequently applies extra emphasis to the importance of the tendering process. The report will firstly review the literature available on bidding strategies in the construction industry with a brief review of the effects of the recession on contractors bidding prices. The literature review will then be advanced upon by conducting an assessment of the bidding strategy utilised by Dawn Construction Ltd, a main contractor operating in the central belt of Scotland. 2.0 Bidding Strategy 2.1 Definition A bidding strategy can be described as a wide range of applied techniques and timing in order to achieve predetermined objectives. Brook (2008) offers the following analogy It is interesting to note that in military terms, the word strategy means the skilful management of an army in such a way as to deceive the enemy and win a campaign. In business the stated objectives can sometimes be achieved by deceiving the opposition but principally the specified objective is to be successful in winning contracts at prices which would allow the organisation to carry out the work profitably In effect a bidding strategy is the decision by a company on which work to price for and the level of profit to incorporate in order to successfully secure the project and maintain the businesses financial security. 2.2 The Tender Process Under traditional circumstances the tender process for a contractor commences with the clients invitation to tender. Upon receipt the contractors response will be shaped by several factors, ultimately though the volume of available work will determine the eagerness of the contractor to price the tender. Very few contractors will actually outright decline the opportunity to price work for a reputable client, in the instance where the contractor does not want to price a tender for whatever reason it is more likely that he will price the work using uncompetitive rates in order to ensure they do not win the contract.(Smith, 1995) This practice is commonly referred to as cover pricing and the primary objective of it is for the contractor to avoid work that he does not want to undertake without insulting the client and being removed from his future tender lists. Although cover pricing was made illegal in 2000, it is still regularly employed by contractors who differentiate between submitti ng a price that is non-competitive and the act of colluding with others in a bid-rigging process. (Bingham, 2009) 2.3 Decision to Tender Prior to committing to pricing a project a contractor must carefully consider his decision to tender as every job he prices costs the company money and reduces the resources available to price other work. Some contractors engage in a grading system when they receive a tender (i.e. a grading range of 1-4), this is in order to prioritise enquiries and put emphasis on winning the types of projects best suited to the company. Others prefer to approach each tender with the aspiration of winning the contract, allowing their price to be influenced only by perceived risk and relevant market factors. Where circumstances change during the bidding process perhaps the contractor wins another contract unexpectedly this can be taken into account at adjudication stage. (Cook Williams, 2004) Cooke Williams (2004) cite the following as key factors in influencing a contractors decision to tender: General Is it our kind of work? What is the current workload? Working Capital Is there sufficient working capital to fund the project? What will be the effect on company financial resources? Availability of Resources Do we have the resources available to price? Do we have the site labour available to undertake? Are suitable subcontractors available? Location Is the project located within our trading area? What management and control problems will there be with a contract located some miles from head office? Size Type of Work What is the monetary value of the project? Is the contract too big for the company to undertake? How did the company perform on similar types of work in the past? Subcontract element What is the extent and value of the contractors work in the project compared with the subcontract element? Is the main contractor simply being asked to manage a number of subcontractors? Is a reasonable mark-up on subcontractors likely? General Is it our kind of work does it fit into strategic plan? What is the current workload in both the contracts division and the estimating section? Do we have the financial and management resources to undertake the work? Working Capital Is sufficient working capital available to fund the project? What will be the effect on company financial resources? The working capital required to fund a à £500,000.00 project will be approximately 15-20% of the monetary value at the peak funding month (say à £100,000-à £150,000) Availability of Resources General management personnel (e.g. contracts managers, planning engineers, quantity surveyors) Site management (e.g. site agents, foremen/gangers, site engineers) Labour and plant Subcontractors are suitable subcontractors available and what is their resource situation? Location Is the project located within our trading area? What management and control problems will there be with a contract located some miles from head office? Size Type of Work What is the monetary value of the project? Is the contract too big for the company to undertake? Taking on a project which is too big could be damaging to future planning and growth What impact will there be on the viability of the business if the contract fails to make an adequate margin? If a contractor with an annual turnover of à £10 million wins a à £4 million contract and this project makes a loss, the whole business could be put at risk. A major project could give the company severe liquidity problems How did the company perform on similar types of work in the past? Bibliography Construction planning programming Control Brian Cooke Peter Williams Finance Control for Construction Chris March
Wednesday, November 13, 2019
Lifestyles Fitness Center :: Business Marketing Management Essays
Executive Summary In 1995, Lifestyles Fitness Center was formed to provide a full service fitness center to provide for all segments of the populace in Lifestyles Fitness and the surrounding area. Although there is an existing work out center in Lifestyles Fitness, the existing facility does not provide the support for the senior members of the community. Our mission is to provide a center that will provide not only an area for dedicated weight lifters, but also for the person seeking to maintain fitness. We want to provide a center that supports aerobic, cardiovascular, and weight training for all segments of the community. The ability of Lifestyles Fitness to provide both an indoor track combined with certified training is a capability unique to private fitness centers in this area. The center will also provide showers and changing rooms for their clients to use. The center will also provide workout apparel for each individual (if preferred). This service will expand the marketability of Lifestyles Fitness. We have also added to our existing services. We have developed plans to introduce a health and protein drink bar and provide exotic coffees for customers. In addition, we also offer a nutritionalist and a cafeteria. It is considered that this will also provide an area that the cliental can cool down, relax and get the proper nutrition after a work out. This will also provide additional income for the center. Management Our management team consists of persons with a broad background in both the fitness area and business management, and it is fully supported by the Institute for Entrepreneurial Studies and Development and Small Business Development Center at Colorado State University. The management staff consist of Old McDonald CEO and supervisor of training, Dad McDonald director of Marketing, Dad McDonald III assistant director of facilities, and Mom McDonald Vice president. Old has a broad background in the fitness training industry, currently carrying a training certification from the AAIA/ISMA. He is currently working on a degree in business with emphasis on the fitness industry. He has held several different titles in both track and field and football. In high school he was selected as All-American Football Linemen, was All-State his junior and senior years in track and his senior year in football, and was All-Conference his freshmen year in college. Dad has a BS, MS, and EdS degree, and is currently working on specialized training in industrial marketing.
Monday, November 11, 2019
How Does Literature Affect the Society
There are many kinds of incurable diseases which yet medical scientists with improved instruments and medicine havenââ¬â¢t been able to find any treatment for them and finally it results to the death of the affected person or animal HIV can be one of those diseases that right now in the world with about seven milliard population a numerous number of people are waiting to welcome death because of this fatal disease Scientists believe HIV came from a particular kind of chimpanzee in Western Africa. Humans probably came in contact with HIV when they hunted and ate infected animals. Recent studies indicate that HIV may have jumped from monkeys to humans as far back as the late 1800s. Human Immunodeficiency Virus is a lot like other viruses, including those that cause the ââ¬Å"fluâ⬠or the common cold. But there is an important difference ââ¬â over time, your immune system can clear most viruses out of your body. That isn't the case with HIV ââ¬â the human immune system can't seem to get rid of it. Scientists are still trying to figure out why. We know that HIV can hide for long periods of time in the cells of your body and that it attacks a key part of your immune system ââ¬â your T-cells or CD4 cells. Your body has to have these cells to fight infections and disease, but HIV invades them, uses them to make more copies of itself, and then destroys them. Over time, HIV can destroy so many of your CD4 cells that your body can't fight infections and diseases anymore In conclusion it can be said that HIV is the most incurable and fatal disease that can take the lives of millions every year
Saturday, November 9, 2019
A Step-by-Step Guide to Saying Dad in Chinese
A Step-by-Step Guide to Saying Dad in Chinese Family relations are important in China, and traditionally, the father is the head of the household. There are many ways of saying father or dad in Chinese, but the most colloquial way is the focus of this article.à Chinese Characters Ã§Ë ¸Ã§Ë ¸ ( bba)à means dad, or father, in Chinese. It is an informal term. The character is written the same way in both simplified and traditional Chinese. Sometimes,Ã Ã§Ë ¸Ã§Ë ¸ is colloquially shortened to justÃ Ã§Ë ¸. Pronunciation The pinyin for Ã§Ë ¸ is b, which means the character is pronounced in the 4th tone. But when saying Ã§Ë ¸Ã§Ë ¸, the second Ã§Ë ¸ is unaccented. Thus in terms of tone numbers, Ã§Ë ¸Ã§Ë ¸ can also be written as ba4 ba.à Other Terms for "Dad" As mentioned earlier, there are other ways to say dad in Chinese depending on a degree of formality and region. Here are a few examples: Ã§Ë ¶Ã¤ º ² (fà ¹qà «n): father, a more formal term Ã§Ë ¹ (diÃâ): dad, also informal and a regional termà Sentence Examples UsingBba WÃâ b shà ¬ yà «shÃâng.æËâÃ§Ë ¸Ã¦Ë ¯Ã©â «Ã§âŸãâ¬â(traditional Chinese)æËâÃ§Ë ¸Ã¦Ë ¯Ã¥Å' »Ã§âŸãâ¬â(simplified Chinese)My dad is a doctor. Tà shà ¬ wÃâ bba.ä »â"Ã¦Ë ¯Ã¦ËâÃ§Ë ¸Ã§Ë ¸He is my father. Regarding this last sentence, note that when you are saying my father, my mother and so on, you normally dont add çšâ to indicate familiarity, ie: ä »â"Ã¦Ë ¯Ã¦ËâçšâÃ§Ë ¸Ã§Ë ¸. Its not technically wrong, but its also not usually said amongst native speakers.
Wednesday, November 6, 2019
20 Biology Essay Topics What to Discuss about Alfred Russel Wallace vs Charles Darwin
20 Biology Essay Topics What to Discuss about Alfred Russel Wallace vs Charles Darwin If you are tasked with writing a controversial essay on the topic of Alfred Russell Wallace versus Charles Darwin, it is important that you pick a controversial topic about which you can substantiate an argumentative paper. If you are having any difficulties finding the perfect topic, look over the list of 20 topics below: Apply Wallaceââ¬â¢s Idea in an Animal Species of Your Choosing That Variation in Animal Species Is Indicative of the Necessary Changes The Impact of Darwinââ¬â¢s Work on His Colleagues How Publishing Books Compares to Publishing Articles in Academic Journals (is Darwin better known around the world then and today because he published multiple books widely available to the masses, or would he have been less famous if he followed in the footsteps of Wallace and published only academic journal articles for those within his field?) How Darwin Influenced His Field Compared to How Wallaceââ¬â¢s Impact What Impact Can the Length of Time Have on Biological Studies? (comparing the notes by Wallace and Darwin from Brazil, and the amount of time each spent there) ââ¬Å"The Descent of Manâ⬠and the Impact It Continues to Have Today The Formal Education: Wallace vs Darwin Did Darwin Steal Wallaceââ¬â¢s Theory of Natural Selection? ââ¬Å"The Expression of Emotions in Man and Animalsâ⬠and the Impact It Had at the Time of Its Publication The Comparison of Two Different Adaptations Made by Two Species Living in Different Ecosystems (e.g. the development of improved hearing and the loss of eyesight for lizards that dwell in pitch black caves in South America compared to now-land-based species which have grown larger eyeballs since emerging from their prehistoric ocean-based counterpart) How Important Is Formal Education? (Wallace didnââ¬â¢t get formal education) Why Both Wallace and Darwin Discovered the Theory of Natural Selection Independently but Only One is Referred to Today How Wallaceââ¬â¢s Concept That Each Part of an Animalââ¬â¢s Organization Can Be Modified as Necessary to an Exact Specification to Prevent Extinction Can be Applied to People Living in Space The Events Which Caused Wallace to Go from Being the Most Famous Biologist around the World at the Time of His Death, to be Overshadowed After Why ââ¬Å"Darwin Theory of Evolutionâ⬠Today Changed from Its Original ââ¬Å"The Darwin-Wallace Theory of Evolutionâ⬠The Theory of Evolution and What Evidence Is Presented to Support It ââ¬Å"The Power of Movement in Plantsâ⬠and How It Is Relevant Today Why Do Certain Organizations Continue to Ignore the Theory of Natural Selection and Evolution? The Importance of Information Presented by Both Wallace and Darwin in Todayââ¬â¢s World The Impact That the Findings of either Wallace or Darwin Has Had on Other Fields Beyond Biology Sample Essay: Theories of Evolution and Natural Selection The Theory of Evolution and that of Natural Selection were proposed in 1859 and have since remained ignored by individual sections of society. Certain organizations continue to ignore the theory of natural selection and evolution because of its conflict with their personal beliefs. This is something namely associated with religious organizations, as many of Darwinââ¬â¢s counterparts accepted his beliefs after a few decades. Charles Darwin published his book on the idea of natural selection and the theory of origins in 1859. This book details how every species originates from common ancestors and how each species has the unique ability to adapt itself over time to existing environments. Traits which are no longer viable to the overall survival of a species are eventually removed from the genetic code of the species, replaced by more desirable traits. Upon publishing this information, many scientific members of the community did not agree with all of the information being presented. It took decades for all members of the educated and scientific communities to come around to acceptance, something which took place after substantial review of the data and evidence Darwin presented. Upon confirmation that he was not the only one to present such findings, this theory was widely accepted. Darwin began to discuss the implication of these findings with other communities, such as philosophers and religious leaders. Then, as it remains today, many religious units fail to accept the theory of evolution in the face of substantial scientific evidence. Certain religious groups, such as those following Ken Hamm, do not accept the theory or the evidence because they claim the scientific method itself to be flawed, to be a unique way of testing data which they do not accept. Other religious groups such as Protestant followers do not accept the theory of evolution or natural selection because it implies that all beings originate from the same ancestor and in the book of Genesis in the Old Testament, there are verses which state that it was a deity who created a list of species one day after the next, and not that all species came from one another. For this reason, many groups refuse today to accept the scientifically proven results presented by Darwin. References Darwin, Charles, Frederick Burkhardt, and Duncan M. Porter.à The Correspondence of Charles Darwin. Vol. 13. Cambridge University Press, 2002. Darwin, Charles.à More letters of Charles Darwin: a record of his work in a series of hitherto unpublished letters. Vol. 2. D. Appleton, 1903. Darwin, Charles, Paul Ekman, and Phillip Prodger.à The expression of the emotions in man and animals. Oxford University Press, USA, 1998. Spruce, Richard, and Alfred Russel Wallace.à Notes of a Botanist on the Amazon and Andes. Vol. 2. Cambridge University Press, 2014. Wallace, Alfred Russel.à The geographical distribution of animals: with a study of the relations of living and extinct faunas as elucidating the past changes of the earths surface. Vol. 1. Cambridge University Press, 2011. Wallace, Alfred Russel, and James Marchant.à Alfred Russel Wallace: letters and reminiscences. Harper, 1916. Wallace, Alfred Russel, and Sir James Marchant.à Alfred Russel Wallace. Cassell, Limited, 1916.
Monday, November 4, 2019
Reflection on postmortem care Research Paper Example | Topics and Well Written Essays - 500 words
Reflection on postmortem care - Research Paper Example Further, the involved nurse may be expected to contact the next of kin and seek permission for possible actions such as undertaking an autopsy and even donation of organs if such cases are involved in the will of the dead. The postmortem care involves three major elements, assessment, diagnosis, and planning. The assessment phase of the activity involves confirmation of the death, evaluation of the familyââ¬â¢s emotional condition, and consultation with the family regarding autopsy and organ donation. The initial stage of the care is the verification that the heart and the lungs have stopped functioning and that the involved physician has pronounced the person dead. The nurse then evaluates emotional status of the bereaved family to offer necessary support. Diagnosis that may identify anxiety and insufficient knowledge among the family follows before contact with the next of kin and the actual care process. My team performed a postmortem care at Rose hospital in Lindsay, Ontario. It was my first time to participate in the activity and I did not know the patient, neither had I attended to him before his death. Our instructor led us into the room after the family had left and she talked to us in a low voice, probably to ensure that nobody heard us because it was a training exercise and not a professional practice. The activity involved the instructor, four other students, and I. I was the team leader and led the team as we performed postmortem care on the body by removing all the tubes such as the urine and IV catheters. We then cleaned the body and put the identification tag on it. We left the gown on to ensure respect for the body, bagged it, and transferred it to the morgue. I felt sad at watching the dead body but the experience did not have significant emotional effect on me and I treated the body in a similar way that I would to a patient. A major issue in the post mortem care is ethical
Saturday, November 2, 2019
Political Corruption Essay Example | Topics and Well Written Essays - 3000 words
Political Corruption - Essay Example But it is more often assumed than tested and proven. And on the politics political scandal is a black spot which restrain the flow of development and create a haphazard situation on the society breaking the peace and harmony. Corruption is a disease, a cancer that eats into the cultural, political and economic fabric of society, and destroys the functioning of vital organs. In the words of Transparency International, "Corruption is one of the greatest challenges of the contemporary world. It undermines good government, fundamentally distorts policy, leads to the misallocation of resources, harms the private sector and private sector development and particularly hurts the poor" (TI,1998). Corruption is found almost everywhere, but it is stubbornly entrenched in the poor countries of Sub-Saharan Africa, it is widespread in Latin America, it is deep-rooted many of the newly industrialized countries, and it is reaching alarming proportions in several of the post-communist countries. The issue of corruption has to some extent entered the political and economic sciences from the new interest in the role of the state in the developing world, and in particular from the idea that the state is an indispensable instrument for economic development. The 1997 World Development Report stated that An effective state is vital for the provision of... An effective state is vital for the provision of the goods and services - and the rules and institutions - that allow markets to flourish and people to lead healthier, happier lives. Without it, sustainable development, both economic and social is impossible (The World Bank 1997). Political corruption not only leads to the misallocation of resources, but it also affects the manner in which decisions are made. As political corruption is the operation of illegal procedure of the various offices, it affects the institutions of the government as well as the political system and political ideology. Political corruption is more than a divergence from formal legal form of justice. It occurs when misdeeds and wrong doings take place in the proceedings and the ideology of the politics of a country. Some definitions of corruption also emphasize the point that the rulers as a group or class, or as an institution or organization, make unjustified use of their influence to extract resources for the benefit of the group as such. Many well-known and well documented cases of grand corruption have involved political parties (ruling parties in particular, but also prospective ruling parties), entire administrative bureaus, and national governments. 3. Scandal Etymologically Scandal means a behavior or an event that people think it morally or legally wrong and causes public feelings of shock or anger. It may be an action, work or event of a particular person and that work is regarded in the society as a wrong doing or it is seen from a negative angle. There is divergence of scandals and different philosophies exist regarding this matter. A scandal is a widely publicized occurrence involving allegations of bad behavior, dishonor, or moral infuriate. A scandal may be based on
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