Identification of Food Constituents Essay

Method (testing for reducing sugars) 1. Add 3cm? of whole milk, by using a pipette or syringe to the test tube. 2. Add 5cm? of Benedict’s reagent and place it in the boiling water bath for 8 minutes. Do the same for semi-skimmed milk and skimmed milk. 3. Once all 3 of the test tubes are left to cool in the air, observe the colours. It will be a good idea to set up a range of colour standards from glucose concentrations of 1%, 2%, 3%, 4% and 5% so that you can relate the colours observed to these concentrations. 4. A positive result would be from green to yellow to brick-red colour. Method (testing for non-reducing sugars) 5. Make up the same solution as step 1 but this time, adding 3cm? of dilute hydrochloric acid to break the glycosidic bonds between the monosaccharides. 6. Then add 3cm? of sodium hydroxide solution to neutralise it. 7. Add 5cm? of Benedict’s reagent and place it in the water bath for 8 minutes. 8. Once it’s left to cool, it should now turn brick-red colour. 9. The concentration of a non-reducing sugar can be estimated by first adding a drop of 10% invertase (sucrase) concentrate to 2cm? of the solution to be tested and leaving for 30 minutes at room temperature. The solution is tested for the presence of a reducing sugar. This method is preferable to acid hydrolysis. Method (testing for starch) 10. On each of the three types of milk, just add a few drops of iodine which is dissolved in potassium iodide solution. 11. The sample should change from browny-orange, to a dark, blue-black colour. Method (testing for proteins) 12. Place 2cm? of the three different types of milks on each tube. 13. Then add 2cm? of Biuret reagent and you should see a purple-violet colour developing. The intensity of it is proportional to the protein content. Method (testing for fats) 14. Add 3cm? of the three different types of milk on each test tube and 3cm? of water. 15. Place 1 drop of Sudan III to each test tube and shake gently to mix. 16. Using a microscope, a slide and a cover slip, identify any emulsion of red fat droplets. 17. Alternatively, you could add a drop of each of the milk on a filter paper and see if there is a translucent stain for a positive result. Results table Solution (Milk)TestObservationsConclusion SkimmedBenedict’sLime green (lightest)A slight amount of monosaccharides or reducing sugars present Semi-skimmedBenedict’sLime green (lighter)A slight amount of monosaccharides or reducing sugars present WholeBenedict’sLime greenA slight amount of monosaccharides or reducing sugars present SkimmedInvertaseYellowish-greenHardly any monosaccharides or reducing sugars present Semi-skimmedInvertaseYellowish-greenHardly any monosaccharides or reducing sugars present WholeInvertaseYellowish-greenHardly any monosaccharides or reducing sugars present SkimmedBiuretViolet purpleProtein present. Semi-skimmedBiuretPurpleLot’s of protein present WholeBiuretLight purpleProtein present Conclusion If there were to be a fair amount of monosaccharides to be present all 3 different types of milk, then we would surely see a brick-red precipitate formed when adding the Benedict’s reagent. But according to my range of colour standards from glucose (monosaccharide) concentrations, the lime-green colour given out from each of the 3 milks shows us that it does contain a minor amount of monosaccharides (reducing sugars). Adding a drop of invertase normally should break the glycosidic bonds that are holding the disaccharides together to form monosaccharides. But my results show that it’s a yellowish-green colour instead of a brick-red colour after adding Benedict’s reagent. This shows us that there is hardly any disaccharides present which I thought there would be as lactose, a disaccharide, is mostly present in milks. But this result may have a different view on that. The fact that all 3 milks turned purple after adding Biuret reagent assures us that there is protein present. If there is protein present, that means there is starch present too because starch and proteins are polysaccharides. Evaluation It is noticeable that I haven’t done the test for starch and fats. This is simply due to the fact that I run out of time. Using a 5cm? micro syringe would be more accurate than a pipette. When a precipitate is settled, I could have used a ruler to measure it out (in mm) instead of just using my eyes. Even better, using colorimeter would have provide accurate measurements on the amount of colour present and therefore, give us an indication of how much of the food constituents were present.

Coca-Cola Financial Analysis Paper

Coca-Cola was originally invented by a pharmacist named John Pemberton in 1886. He had tried making several new kinds of drugs but all of them had failed. So that was when he decided to get into the world of soft drinks. Pemberton hired Frank Robinson to help advertise his new product but, Coca-Cola wasn’t very successful in their first year of business. Shortly, after that first year John Pemberton passed away in August 1888.In 1891, Asa Griggs Candler became the new sole-proprietor of Coca-Cola and began to give free samples, coupons and advertised everywhere for his new product. At first it was sold as a medicine to help prevent fatigue and headaches but, after the Spanish-American War congress passed a tax that would be applied to all medicines Coke would no longer be sold as a drug. (Cantwell) From there on Coca-Cola had grown bigger and bigger with the unique shaped bottle to help make them stand out and the idea of selling beverages in six packs were born.Our idea of Sa nta Clause was influenced by their advertisements. Even when Pepsi, one of Coca-Cola’s major competitors, was invented in the 1950’s Coke decided to make different sizes of bottles so they had a better variety for their customers. Things were good for Coke for many years until they decided to try to make a new Coca-Cola formula in the 1980’s in fear that their customers were sick of the original taste.This idea back fired, Coke received several thousands of complaints from their customer and decided to go back to the Classic Coke taste. (Cantwell) Today Coca-Cola has several varieties of flavors in soft drinks and is the world’s largest manufacturer, distributor, and marketer of non-alcoholic drinks and syrups. Coke has mastered the ability to adapt to the changes throughout history and has created a happy, patriotic and traditional feel for their product. This would explain how they are still so successful today. (Giebelhaus)

Effects of discriminatory practice in Health and social care Essay

The above case study is highlighting discrimination. This is the unequal treatment between individuals and it is a negative action towards members of a certain group. The bases of discrimination include: culture, disability, age, social class, gender, sexual orientation, health status, family status and cognitive ability. The discriminatory practise used in the case of Jeta is predjudice. This is judging someone and making an assumption without having any solid evidence to support the judgement, on the basis of their appearance or what group they belong to. Jeta is experiencing this as her teacher is making a false assumption about her thinking that she is lazy and naughty as her standard of performance in school assesments is decreasing. There are many contributing factors that can lead to the predjudice that Jeta is experiencing. One of these factors is social background. Jeta comes from a â€Å"rough† background, lives alone with her mother who is a single parent and her father is in prison. Another factor leading to predjudice could be socialization. This is when the media create demeaning stereotypes about specific groups of people. The media assumes that if someone is in prison, they are associated with bad behaviour and are automatically given a negative impression on. As Jeta is related to someone in prison, the teacher is assuming that she’s equally as bad and discriminates against her. The teacher is almost â€Å"blaming† the father situation on the poor school work produced by Jeta. Another discriminatory practise that Jeta is experiencing is stereotyping. Stereotyping is a widely held but fixed oversimplified image or idea of a certain type of person. Stereotyping can have a demetrial effect on the individual involved.They involve generalizations about the most common characteristics of members of the group. There are many factors which could suggest why Jeta is being stereotyped. The first is social categorization. This is classifying people into groups based on common attributes that individuals share. In relation to Jeta she is being stereotyped as â€Å"lazy† because the standard of her school assesments are dropping. She is also being stereotyped as â€Å"naughty† and this could be due to the social aspect that her fathers in prision meaning she is being percieved as this naughty child. Another base for discrimination is age. Age discrimination occurs when someone is treated unfairly due to their age without any given justification or reasoning. The fact that the child concerned in this study is of quite a young age of 9 years old means she is more vunerable to age discrimination and this usually occurs because the child is seen to have less social power. Jeta is experiencing age discrimination because she is seen to have less of an authoritive figure compared to her teacher. Children in todays society are more likely to face discrimination due to their dependance on adults and the decisions that are made for them. Children experience discrimination on other grounds including race, gender, social class, health status, disablities and many more. Jeta is being stereotyped as this â€Å"lazy† persona and due to her age, the teacher isn’t listening to her despite being told numerous times by Jeta that she cannot see the board from the back of the classroom. Jeta’s age could be an indicator as to why she is being stereotyped as she is insignificant compared to the teacher and has little or no power so her opinions and views are simply ignored. Another discriminatory practise that Jeta is facing is inequality. This is where people are not treated the same because some individuals have more power, authority, money etc. Jeta is experiencing this as she is not being granted the same opportunities to education and rights to learn as everyone else in her class. Due to this inequality she could be left in a vunerable position as she could be at a risk of falling behind in class and doing even worse in assessments than before. The main base for discrimination is this case study is Jeta’s diability. She has po or sight and this explains her low standard of work in lessons. She is being discriminated for having this disability and this could result in her feeling vunerable and cause low self esteem. She is being segregated from the rest of the class being sent to the back of the classroom and this could knock her confidence. This is also making the situation worse as Jeta will not be able to focus on the tasks set in class as she cannot see what is is being taught. Instead of providing Jeta with the correct additional learning support she requires, the teacher has placed her right at the back of the class, segregated from her other classmates. The Disability Discrimination Act (DDA) makes it unlawful to discriminate against someone who has a disability. This act is covered by most sectors including the education sector which means it should be covered in all schools and organisations. The DDA covers eyesight problems so Jeta’s needs should be met. Initially, Jeta’s teacher is being unlawful as she isn’t adjusting to the DDA standards to suit Jeta’s needs. If no changes are made, Jeta’s eyesight could deteriate and worsen. Jeta currently has no glasses or any form of equipment to help imporve her eyesight so being at the back is not helping the situation in regard to Jeta.

3003 3b Essay Example | Topics and Well Written Essays - 1000 words

3003 3b - Essay Example Accounting has its own specialist terms and vocabulary which is used to disseminate accounting-specific knowledge. For this reason, literacy development is important in reading and understanding accounting theories and concepts successfully. Major subjects like Accounting also involve extensive academic writing for which literary understanding is quite useful. Kerry Dirk has dedicated an entire essay explaining the importance of genre-specific knowledge in writing. Dirk describes how genres can be told from one another and he mentions that knowledge about a particular subject or genre is significant in understanding its meaning efficiently and accurately (249). Giving the example of a joke about country music, the author explains that understanding the joke requires a previous knowledge of the country music genre and its other elements. Similar is the case in writing where every major subject is symbolized by its distinct use of language, format, genres, jargons, and so on. For this reason, literary knowledge not only helps in understanding important concept but also helps in advancing the knowledge bank. Accounting is one major discipline which may use complex language in the sense that their meanings could differ in the accounting context as opposed to their common usage. In order to develop the literacy skills that help in understanding and absorbing accounting terminology and language, journal reading helps remarkably. My preparation for my majors in Accounting involved extensive gathering of accounting knowledge including current developments in the financial sector. Remaining updated with the latest information from the industry is also a major part of developing literacy skills. Reading assists in developing the necessary accounting-specific word bank and it also familiarizes an individual with the terms and their meanings which could later be used as a reference to an accounting concept. Reading academic accounting

Corporate Governance and Ethical Responsibility Term Paper

Corporate Governance and Ethical Responsibility - Term Paper Example They can include the patients, surrounding community and government. However, this paper only focuses on three stakeholders: the employees, shareholders and the patients. As a hospital director, Dr. DoRight owes the stakeholders duty of loyalty in all aspects of the hospital performance. This duty requires that Dr. DoRight should act in the best interest of the shareholders and the hospital as an entity. The duty of loyalty also restricts Dr. DoRight to make him stay away from his personal interests and self dealing which can be at the expenses of the stakeholders. Dr. DoRight also owes the stakeholders duty of loyalty that dictates him not to enter into some acts that may help him receive personal benefits improperly and end up causing harm to the stakeholders and the hospital at large. To the patients, Dr. DoRight owes a duty of loyalty that requires him to act in good faith and care which any other prudent and ordinary person in the same position would accord in a similar situatio n in order to safeguard both the interest of the patients and the hospital (Martin, 2001). The duty of loyalty is also owed to the employees, especially in making decisions. Dr. DoRight is required to have his decisions made in good faith, being well informed and with honesty when dealing with the employees in order to safeguard their interests, as well as those of the hospital through the judgment rule of the business. In order to have this protection invoked, Dr. DoRight owes them the duty of information on all the reasonable material information available. The rule of business judgment may not protect Dr. DoRight when he has financial interests at a personal level in the transactions, fails to have information on the situations, is not independent, or fails to carryout the duty of loyalty and care. Dr. DoRight must make sure that he follows the standard of fairness to the hospital and all the stakeholders (Pickstock, 2007). Dr. DoRight as a director of the hospital has the duty t o facilitate the maximization of the shareholders’ wealth and enhance the interests of the shareholders. In summary, Dr. DoRight must ensure that maintains the rights of the shareholders and treats them equally, honor the interest of all other stakeholders like the patients, observes integrity and ethics in his duties, and remains transparent with all his actions. Question two Stakeholders have different interests in hospital. For instance, the shareholders who invested on the hospital are interested in the survival and profitability of the firm. They are classically concerned with the allocation of investment earnings and their residual earnings that is paid to the as dividends; the company management, including Dr. DoRight, is interested in the efficiency of the hospital in generating the profits. The general performance of the hospital is regarded as the effectiveness of management and can be observed by particular financial rations; the customers such as the patients are interested in the ability of the hospital to continue providing the health services to them; employees may be interested in high wages in order to keep their work running; suppliers on the other side want to see their products bought and paid for by the hospital and the lenders are interested in the liquidity position of the hospital to check if they will be paid in time; and the community in general is concerned with environmental

Non-fiction essay about a London location below or above ground that

Non-fiction about a London location below or above ground that has significance. Include detailed description about sights, sounds, smells, and emotions a - Essay Example This took place in the 19th century. Soon, many big terraced houses were constructed in the Square that came to be inhabited by the upper and middle sectors of London society. While many of the structures have since been converted into hotels, some of them in the western and southern areas of Russell Square still stand intact to this day. While London Borough of Camden presently administers it, Russell Square is still owned by the Beresford Estate (‘Russell Square’ Wikipedia.org, 2007). Russell Square underwent a major renovation in 2002 when famous architect Humphrey Repton embellished it in a distinctive form that corresponded to the first 19th century layout. The main feature of the renovated layout is the new fountain firing jets of water operating from the ground (‘Russell Square’ Wikipedia.org, 2007). The fountain is in the centre of a large park located right in the middle of Russell Square. The park has many shady trees, a lot of green grass and a network of criss-crossing paths. A statue of Francis {one of the previous Dukes of Beresford} stands in the south portion of the park. The park is open from 7.30 a.m. to 10 p.m. (Londonlogue.com, 2006) at the behest of the London Borough of Camden as a precaution against ‘other undesirables,’ a veiled hint about homosexual men who made use of the park to search for partners to engage in sex (‘Russell Square’ Wikipedia.org, 2007). Secondly, Russell Square has also derived its fame from many famous persons who lived there such as T.S. Eliot, Philip and Philip Charles Hardwick, and Thomas Lawrence. Thomas Stearns Eliot was a renowned poet and dramatist who worked in Russell Square for several years when he served in ‘Faber & Faber’ as poetry editor. There still exists a blue plaque on a building in the Square’s northwest corner stating that Eliot worked there. Noted architects Philip and his son Philip Charles

Ethical Issues in Medical Practices Essay Example | Topics and Well Written Essays - 3000 words

Ethical Issues in Medical Practices - Essay Example Many a time in courtrooms there have been incidents when lawyers or rivals have been able to search thorough a persons medical records and have been able to turn the case on its head because they have been able to find out some medical condition that the opponent had or for which they are under treatment and hence there have been hindrances in providing justice. The revelation of such information might also be a source of shame for the concerned person because he might not want a certain medical condition to be revealed to the world, for instance the patients of aids have been shunned by the society and this leads to the destruction of self image and self concept and the concerned person can only lead a hermit like life from that point onwards. What if a person, who does not have a contagious disease, wants to live a normal life and function as he did before having the disease His whole life would be disrupted due to a disclosure of a medical condition and who is to blame for that Th ough there are many federal rules and regulations for such instances but there were still loop holes in the system that had to identified and secured and this had to be done in a very comprehensive manner so that security should be provided to every person and the implementation of such a system would not create more hindrances in the health care system. In these conditions the HIPAA (Health Insurance and Portability and Accountability Act) developed a comprehensive plan and covered all aspects of the disclosure of health care information, the suggestions and the rules and regulations stated by the HIPAA have been implemented and hence we can conclude that the security of health care information is a fundamental right that every one is entitled and that should exactly be the case. Rules and Regulations of the HIPAA: There are certain rules and regulations that the HIPAA needs all health care service providers to follow and the paper is based on analyzing these rules and regulations. a) General Provision: The privacy rules allows certain incidental and uses and disclosure but it needs that the reasonable safeguard and minimum necessary standard has been met with where ever it is applicable (Reference: http://www.hhs.gov/ocr/hipaa/guidelines/incidentalud.pdf) this is in place to ensure the working of the health care system in an efficient manner so that people do not feel hesitant when they need to use the health care services and it should not also be a burden on health care professionals therefore it is permitted under the rules and regulations of the HIPAA that a physician can disclose the medical conditions to a surgeon at another hospital because that needs to be done but even when this is being done the reasonable safeguard and minimum necessary standard rule has to be complied with. b) Reasonable Safe Guards: An entity must have all the proper checks in place for the security of the information regarding health care of patients, this should be done on the technical front, administrative front and also physical safeguards should be made. Incidental disclosure of information is reduced to the bare minimal when these safeguards are in place and most health care insurances have applied the following in their organizational culture to reduce the risks of incidental closures: 1) Speaking quietly when discussing a patient's

LAW (LEGAL TECHNIQUE AND REASONING) SKILLS AUDIT Personal Statement

LAW (LEGAL TECHNIQUE AND REASONING) SKILLS AUDIT - Personal Statement Example However, I fully understand that the process of becoming a barrister is not all that smooth; it calls for at least four years at the college and three more years at the law school prior to being allowed to sit for a test that dictates whether one is given a go ahead to practice law; and at times this might still not be enough. By studying law, this can be an open door to a broad range of law-related jobs and in diverse fields such as government, higher education, business, communications, aviation and many more fields. The practice and study of law is capable of being intellectually stimulating since the legal profession calls for communication, analytical and reasoning skills on a daily basis. The opportunity of defending the fundamental human rights, setting a legal precedent and implementing social change attracts quite a big number of individuals (me included) dedicated to impact positively on the lives of those persons that they serve. My first year in the college studying a bachelor's degree in LLB law has been very interesting and impacting in terms of shaping my dream. I have already identified that my attendance to all tutorials is excellent, am good in to Tort law, Law library and electronic databases but Contract law is a challenge that am struggling with. Amongst the challenges that I anticipate as I pursue my dream course in law includes the fact that in my family

Urban economy Assignment Example | Topics and Well Written Essays - 250 words

Urban economy - Assignment Example The buildings are taller to make use of space and accommodate the main businesses that give the city its developmental characteristic. Gas price determines the construction rate of city structures, a high price less development and vice versa (Florida & Mellander, 2014). Rising incomes have a direct proportionality effect on cities because the development will be focused to assist the well-being of the income earners. Land prices take long because of the economic speculation that is linked to profitability of the land. Sprawl is considered a market where decision makers have direct impact to the spatial growth of the city. Consumer locational equilibrium is the ability for the consumer to embed owns preference over distance distribution cost when choosing to consume a product. Compensation differential is a state offered wage to offset the balance between a preferred and un-preferred job. Terminal cost is the cost incurred when disposing the asset (Florida & Mellander, 2014). Externality damage is unwanted cost to the least expected party. Scale economy is the advantages that in terms of cost cutting that establishment stand to gain due to magnitude of

Which factors affect one's chances of experiencing poverty during Essay

Which factors affect one's chances of experiencing poverty during one's lifetime - Essay Example Furthermore, statistics and studies have shown that unfortunately the children that grow up with parents who are married, working, and religious, are also more likely to face experiencing poverty as adults. Obviously this is a very important and critical matter, and this is why it is so important to make sure that every issue within this matter is discussed thoroughly and properly. There are many different perspectives that will be taken on this issue as well, and that includes New Right, Liberal, and Feminist, as each of these is incredibly important in its own right and thus needs to be included in the standpoint in regards to this subject matter. This is what will be dissertated in the following. Poverty is a very serious issue, and in order to be able to find out how it applies itself, we truly must determine as to where it actually begins, and the quite obvious answer to that would be in childhood. After all, things that take place during childhood tend to carry on throughout a person’s life, and so this explains quite well as to why issues that took place during one’s childhood would highly affect their chances of experiencing poverty later on in their life. One of the most apparent factors of all is the living environment for children, as when children are living in an unstable environment the family is that much less likely to have stable income of money, and thus the children are more susceptible to living in poverty. Using data from the U.S. Department of Education’s National Education Longitudinal Study (NELS) of 1988, we see that â€Å"eighth graders who were living apart from their biological fathers had an expected poverty rate of 16.6 percen t when they were twenty-five. In contrast, the poverty rate for eighth graders who were living with their fathers was 9.9 percent† (The Future of Children, 2007). Therefore, we can quite clearly see from this that there is an incredibly powerful

Summary and opinion Research Paper Example | Topics and Well Written Essays - 1500 words

Summary and opinion - Research Paper Example Bankers state that pricing an offering for the company to register quick gains once the trading begins is the best approach. This is because the strategy enables the company to improve its relationship with the big investors while at the same improving the reputation of the company in the market. However, too much of hype is detrimental to the success of the company in the market. This is because the investors who buy the shares during the first week are likely to sell them very quickly in order to make high returns. In order to avoid a runaway stock, the company should control the number of shares it offers in the market. This is to reduce the demand which might increase the prices. In addition, the company should control the information being released in the market to avoid creating unrealistic expectations among the investors (Raice, 2012). Some companies might prefer to raise as much money as possible once they introduce the shares in the market. This approach can work with investors who are likely to be patient. However, there is a high risk that the prices of the shares might decline in the first weeks of trading. Therefore, creating a strong investor relationship is very important in securing the future of the company. Therefore, the company should communicate effectively, observe the ethical standards, comply with the set rules, and audit its operations in order to identify the need to make changes (Raice, 2012). With the entry of the internet in the market, it is becoming very hard for the companies to control the pop associated with entering in the stock market. However, companies need to audit their books in order to know their worth before releasing the information to the market. This is to ensure that they have a strong base to support their operations in case the shares fail to raise the expected amount of money. This has seen many companies fail to reach the target as many of the initial

Pakistan Steel Mills Essay Example for Free

Pakistan Steel Mills Essay Topic: Privatization of Pakistan Steel Mills Subject: Pakistan Economic Policy Submitted By: M. Faizan Sohail (7133) Faculty: Shahid Iqbal Date of Submission: 12th August 2010 Pakistan Steel Mills Introduction: Pakistan Steel Mills is the producer of long rolled steel products in Karachi, Pakistan. The Pakistan Steel Mill is the countrys largest industrial undertaking having a production capacity of 1. 1 million tons of steel. The enormous dimensions of the project can be visualized from the construction inputs which involved the use of 1. 9 million cubic meters of concrete, 5. 70 million cubic meters of earth work (second to Tarbela Dam), 330,000 ton of machinery, steel structures and electrical equipment. It’s unloading and conveyor system at Port Qasim is the third largest in the world and its industrial water reservoir with a capacity of 110 million gallons per day is the largest in Asia. A 2. 5 km long sea water channel connects the sea water circulation system to the plant site with a consumption of 216 million gallons of sea water per day. Soviet Contribution to Steel Mill In January 1971 Pakistan and the USSR signed an agreement under which the latter agreed to provide techno-financial assistance for the construction of a coastal-based integrated steel mill at Karachi. The huge construction and erection work of an integrated steel mill, never experienced before in the country, was carried out by a consortium of Pakistani construction companies under the overall supervision of Soviet experts. Corporate Business and Net worth Pakistan Steel not only had to construct the main production units, but also a host of infrastructure facilities involving unprecedented volumes of work and expertise. Component units of the steel mills numbering over twenty, and each a big enough factory in its own right, were commissioned as they were completed between 1981 to 1985, with the Coke Oven and Byproduct Plant coming on stream first and the Galvanizing Unit last. Commissioning of Blast Furnace No. on 14 August, 1981 marked Pakistans entry into the elite club of iron and steel producing nations. The project was completed at a capital cost of Rs. 24,700 million. The completion of the steel mill was formally launched by the then-President of Pakistan on 15 January, 1985. Pakistan Steel today is the countrys largest industrial undertaking, having a production capacity of 1. 1 million tons of steel. Founders of Pakistan Still Mills The real founders of Pakistan Steel Mills are Prof. Dr. Niaz Muhammad, Wahab Siddiqui and Russian scientist Mikhail Koltokof. It was the hard work of Dr. Niaz Muhammad that thousands of scientists and technical staff got trained by him. His inspirations and innovations got him the highest award from President of Pakistan, and also from Government of Russia. The Government of Pakistan has given him Pride of Performance. His nomination for Nobel Prize was biggest respect what Pakistan achieved. Social obligations Pakistan Steel Mills, besides its core activities, has done a lot in making the environment in and around Pakistan Steel green and beautiful through the addition of three unique projects: the Quaid-I-Azam Park, The Quaid-I-Azam Cricket Park and the Quaid-I-Azam Beach. The Quaid-I-Azam Park, which spreads out over an area of 45acre, consists of a series of six interconnected lakes, lush green lawns and grassy terraces, colorful flower beds, fountains, life- size steel-made models of wild and marine animals, a jogging track, a bird sanctuary and mini-zoo, as well as a childrens play and recreational ground and boating facilities. The other unique project, known as the Quaid-I-Azam Cricket Park, has been established amidst the pleasing surroundings of Steel Town, featuring sloping grassy terraces all around for spectators and four diagonally-located hillocks with seating arrangements to provide a panoramic view of the game. This is spread over an area of 32000 sq. meters and is equipped with all the necessary facilities, conforming to international standards. The third project, Quaid-I-Azam Beach, is being developed with the aim to provide a seaside recreational spot to the employees of Pakistan Steel, especially those residing at Steel Town and Gulshan-e-Hadeed. Pakistan Steel is also on its way to establish Quaid-I-Azam National Park over a vast area of 400acre adjacent to Steel Town which shall be a tremendous contribution in the development of the environment. The organization also has a football team Pakistan Steel FC that currently competes in the Pakistan Premier League. History Privatization of Pakistan Steel Mills After independence in 1947, it did not take long for Pakistan to come to the realization that progressive industrial and economical development would be impossible without the possession of a self reliant iron and steel making plant. The dependence on imports would cause serious setbacks to the country along with an extortionately high import bill which would be impossible to support. In 1968, the Government of Pakistan decided that the Karachi Steel Project should be sponsored in the public sector, for which a separate Corporation, under the Companies Act, be formed. In pursuance of this decision, Pakistan Steel Mills Corporation Limited was incorporated as a private limited company to establish and run steel mills at Karachi. Pakistan Steel Mills Corporation concluded an agreement with V/o Tyaz Promexport of the USSR in January, 1969 for the preparation of a feasibility report for the establishment of a coastal-based integrated steel mill at Karachi. Bhutto  had signed a contract with the former USSR to help build the project. The project was estimated  to cost Rs 10 billion but was completed at a cost of Rs 30 billion and took ten years to finish. The foundation stone of this vital and gigantic project was laid on 30 December, 1973 by the Prime Minister of Pakistan Zulfikar Ali Bhutto. The completion of the steel mill was formally launched by the then-President of Pakistan on 15 January, 1985. The steel mill project provided 20,000 jobs for workers from all over Pakistan. Unfortunately, from the very beginning plotting were launched by the bureaucracy against the workers in order to destroy their moral and ruin their potential. A propaganda campaign was started in the media to give the impression that the project was a burden on the national economy and that it was â€Å"a white elephant†. This campaign gradually became noisier  and  the idea that there were 8000 surplus workers who were a burden and needed to be gotten rid of was widely propagated. However, the bureaucracy and the press found it impossible to attack the workers due to the political strength and unity of the militant trade unions. With its propaganda having failed and its aims in ruins, the bureaucracy resorted to the traditional and criminal tactics of the ruling class – the tactic of â€Å"divide and rule†. In 1986 Zia-ul-haq dictatorship  began a series of brutal political assaults in Pakistan. The ruling class succeeded in generating racial  conflicts among workers, which  not only divided the workers but also weakened the labor movement. This tactic of â€Å"divide and rule† also affected Pakistan Steel. In 1988 the trade unions were divided on racial grounds which resulted in bloody hatred and ended  the traditional revolutionary unity of the unions. The labour movement was constantly harassed and its leadership degenerated and became demoralized. In 1992 Prime Minister Nawaz Sharif appointed a General, Sabeeh Qamar-uz-zaman, as chairman of Pakistan Steel. He was given the task of improving the situation and â€Å"normalizing† the working conditions. He imposed an undeclared ban on the trade unions at Pakistan Steel. Terror and the harassment  of the unions were  enforced in the name of discipline. An  internal security intelligence  unit, the  FIU, was also established and was headed by an army colonel. This notorious  intelligence unit discovered that 1500 workers were a â€Å"security risk†. These workers were punished and removed from their jobs. In 1995 Benazir Bhutto, in her second term in office, reinstated most of these workers. However not all of them were reinstated. During his second tenure in 1997, Nawaz Sharif  introduced  many reactionary anti-labour laws. The ex-chief of the FIU, Colonel Afzal, a batch mate of General Musharraf, was appointed as managing director of Pakistan Steel. This gentleman was twice suspended on corruption charges from his previous post as chief of the FIU, yet somehow he still merited the promotion to chairman. After Musharraf overthrew Nawaz Sharif in 1999, he introduced his â€Å"Seven Point Agenda† to the nation. Not surprisingly his top priority was the introduction of the brutal policies of rightsizing and downsizing, which in practice meant maximizing  unemployment. These policies  were sweetened with another Black Law: the Industrial Relations Ordinance 2000. In June 2000 the chairman of Pakistan Steel announced the immediate dismissal of 436 workers. The workers were informed in their dismissal orders that their services were no longer required. This was just the beginning however, and a new policy was enforced where workers were requested to enjoy the â€Å"benefits† of the VRP (Volunteer Retirement Policy). All of these laws and policies were exercised in the worst manner in Pakistan Steel; it became a model and an example to whole country, and to all workers and trade unions. 8500 jobs were ruthlessly cut by these barbaric policies. These sackings affected the workers deeply, and led to a change in consciousness. On December 31, 2001 the workers of Pakistan Steel organized a general strike against the anti-labor policies of the chairman and the government. The workers blocked all roads and access to the mill. On February 7, 2003 the workers again organized a strike. The authorities attempted to stop the strike by using the tactics of delay. But this only served to provoke the workers, and on March 8, 2003 the workers again blocked the roads. This time they also occupied the mill. This action paralyzed the authorities but unfortunately the struggle was lost because the workers were betrayed at the negotiating table by the trade union leadership. It was apparent that  this struggle could have galvanized the working class nationally  and that it could have found a mass basis. However, in the end it was drowned in petty compromises and conciliations. On December 30, 2003 Chairman Afzal was suddenly dismissed and again a General, Abdul Qayum was appointed as the new  chairman. He immediate gave the impression to the workers that the situation would be totally reversed and that the workers would not have to fear any  more suspensions or dismissals. He also announced an extension plan for Pakistan Steel that would create more jobs. However, just before initiating the extension plan, it was announced that Pakistan Steel would be privatised rather than proceed with the extension. This was a clear declaration of a severe attack on the rights of the workers. This was a clear attack  on their jobs and their working conditions. This declaration provoked 12,500 workers who are drawing the conclusion that they need to fight back. The government was not as lucky in the case of Pakistan Steel Mills as it had been with regard to certain other privatization deals.

Construction Plan for Business Expansion | Case Study

Construction Plan for Business Expansion | Case Study BEJAY GILOI YAPP Task 1 SENARIO 1 Building economics is a small part of a much larger subject of environmental economics whereby it consists of the application of the techniques and expertise of economics to construction projects. Its is important as economics are introduced in the early design stage for the entire build team and even for the client. This is concerned with the study of man’s needs in connection with shelter and the suitable and appropriate conditions in which to live. Building economics is also important to ensure that the resources available to the industry is effectively used and not wasted. Moreover, it ensures the increase rate of growth of construction work in the most efficient manner. Consideration must be given to other economic aspects such as the roles of the profession and the division of design and construction. Furthermore, the types of development and the size of the industry and its relationship to other industries should also be considered. Lastly, it is important that the types and sizes of construction firms and the variations in building costs and its influencing factors to be considered. Task 2 SCENARIO 2 Before Mr. Hashim should purchase a new office block to expand his business, I would advice him about a few factors that he might need to consider. The factors are as follows: One of the factors that Mr. Hashim should consider is the Accessibility. The site should be easily accessible by automobile and within walking distance of some potential users. Mr. Hashim should also count in the safety of the location whereby it would be safe for potential users to work in the proposed location. Next, is the Visibility of the office block. It is important that a prominent location is required so that the users can easily identify the office block. Visual Quality is also one of the factors that should be taken as the quality of the existing neighborhood or surroundings needs to complement with the office block. For example, it is not appropriate to set up an office whereby the surrounding buildings are residential buildings. Moreover, Mr. Hashim should consider on the Site Capacity whereby the site should be large enough to provide sufficient space for the users including parking space or for future expansion. Most importantly, Mr. Hashim should consider on the rental cost or the building cost of the proposed office property. It should be reasonable or to say atleast following his budget. This is to ensure that the rentals or price of the office block are affordable so that he can run his business accordingly and in the same time his business can be profitable. Lastly, Mr. Hashim should also consider the Facilities provided around the office property. For example, the presence of restaurants, cafes and department stores which will be really beneficial for him and his workers as they will not need to travel far to have there meals during Break hours. We can almost say that the meaning of the words Value and Cost are almost similar, although when it comes to building economic terms, these two components have totally different definitions. Value is usually meant by the sum of original cost estimates and assumptions. Although in building economic terms, value can be defined as the measure of benefits that an individual or company can gain either form goods or service. In construction, value is what the building is worth based on various market rates. It can be said that the as the demand and supply for a particular building or product increases, the value will also increase accordingly. Value can also be the amount of money that say, an asset has for a certain time period whether at present or any other time. There are few factors that can affect the value of a certain building. As for example the Location of a proposed project as a 2 Story Bungalow build in the center of the city has a different Value compared to a 2 Story Bungalow built in the village. Cost can be defined as the expenses or actual cost of a given project. In other words, it can also be defined as the total price of the project itself beginning from the design process to the finishing. This can be related to the components of cost which are the labor cost, material cost, plant and equipment cost, overhead cost and also the profit. These components can majorly affect the cost. For example, during the construction process of a given project, there happens to be a major breakdown on the equipment used. This will surely affect the end cost of the project. Task 3 SCENARIO 3 Wall to Floor Area Ratio is the measurement of the total floor area built or to be built in relation to the total size measurement of the project. The Wall to Floor Area Ratio is calculated by dividing the External Wall Area (EWA) by the Gross Floor Area (GFA) and the result ratio can be used to compare the building designs. Calculations:(Floor Height = 3m) External Wall Area (EWA) = (10+10+10+10) X 3 = 120 Gross Floor Area (GFA) = (10 X 10) = 100 EWA GFA = 120100 = 1.2 Calculations:(Floor Height = 3m) External Wall Area (EWA) = (10+5+15+5+10+5) = 150 Gross Floor Area (GFA) = A (10 X 5) + B (10 X 5) = 100 EWA GFA = 150100 = 1.5 FIRST SECOND Gross Floor Area (GFA) (10 X 10) = 100 A(10 X 5) + B(10 X 5) = 100 External Wall Area (EWA) (10+10+10+10) X 3 = 120 (10+5+15+5+10+5) = 150 EWA/GFA 1.2 1.5 Based on the calculations, the FIRST floor plan is more economical because it has a lower wall to floor ratio which is 1.2 compared to the SECOND floor plan with a wall to floor area ratio of 1.5. The lower the wall to floor ratio, the more economic will be the design. Task 4 SCENARIO 4 (i) Time- Time can be defined as the given period or length of time during any construction process. Time should be discussed in detail to the client so that they may know when the construction project starts and when is the given time for the completion of the project to be done according to the deadline. (ii) Cost It is the total cost of the project to be finished up or completed. The cost of a given project should be carefully analyzed and controlled from over budgeting and causing problems to the build team and especially to the client. Cost can come from the proposed land the project to be built, the materials used for construction and other various factors. (iii)Quality It is based on the finished product and will be judged by the client itself either from the quality of design, its looks and its overall function. It is also judged through the ability of the contractor to execute the project in such a way that the finished product is according to the client expectations and that the finished product does what it is intended. The three components, Time, Cost and Quality in the construction industry do play a big role in the success of a construction project. Although, these components should be balanced to ensure the success of a construction project. For example, if we reduce the time for a given project, the cost will drastically increase and the quality of work also increase. For example, Mr. Kumar is deciding to further expand his current business. He currently owns a 2 Block Restaurant and now he is deciding to extend his restaurant. Although, there are a few factors that have to be suggested by Mr. Kumar’s consultant in order to minimize the total end cost of the project itself. It would be great for Mr. Kumar to have a specific time line for the construction of the new extension of his current restaurant. This is to ensure that expenses for the project will be used by the best way possible and that his investment is profitable. Having a very short time period of construction process would only burden him as the cost of the construction process will be a bit more expensive but in the other hand, this will result in a great quality in it. The extension of the restaurant will surely be able to have a return on Mr. Kumar’s investment if it has a short time period of construction time and will eventually incur a high price, but in the end hav e a great quality on the project. Task 5 Quality in the construction industry usually means excellence. It is the totality of the attributes of a building in which enable it to satisfy needs, including the way in which individual attributes are related, balanced and integrated in the whole building and its surroundings. Thus, it is also considered a philosophy rather than a mere attribute. For example, we tend to judge the two objects by their qualities. In the construction industry especially in manufacturing, quality can be divided into different parts such as quality control, quality assurance and many others. Quality in the construction industry can also be devided into different views, which are the customer’s view itself, the producer’s view and the government’s view. In Malaysia, we have certain certifying bodies based on the construction projects. For example, we have Jabatan Kerja Raya (JKR) and Construction Industry Development Board (CIDB) whereby these bodies set their own regulations to con trol the Quality of work according to the views of different clients. Whereby Standards in the construction industry is more to achieving a recognized level of quality within an organization. For example, to ensure that a proper standard of insulation is done and the proper standard of carpentry is done on a house according to the given standards within an organization. For Standards, there are also several certifying bodies in Malaysia. For example, SIRIM QAS International Sdn. Bhd. And Bureau Verritas Certification Sdn. Bhd. Which is responsible of controlling the standards on the construction products in Malaysia. There are three categories of quality cost. Firstly, is the Prevention Cost whereby its main purpose is to avoid defects on the product in the beginning of production stage. It also supports activities whose purpose is to reduce the number of defects of the products. For example, this costs in put in place through methods and procedures which ensures that the product is made according to its standards, meet its requirements and that it is made according to the design. Secondly, is the Appraisal Cost, whereby it is usually influenced by a third party. Appraisal Cost or also know as Inspection Cost where its main function is to identify defective products before the products are shipped to costumers. For example, some sample of the products pass through another inspection test or quality test before being certified to be packed and shipped to the costumers. Lastly, is the Inter Failure Cost whereby this cost is divided into two, which are Internal Failure Cost and External Failure Cost. Internal Failure Cost is a result from identification of defects before they are shipped to customers while the External Failure Cost include warranty, repairs and replacements of the product.

The secret of Kentucky Fried Chicken (KFC) success

The secret of Kentucky Fried Chicken (KFC) success The secret of Kentucky Fried Chicken (KFC) success Kentucky Fried Chicken (KFC) is a very well known restaurant in the world. It is rated at number 60 as the world most well known brand by BusinessWeek (McDonalds at number 9 and Nescafe, 23). Its history spans almost 80 years when it started at Corbin (Kentucky-USA), in the 1930s. During this period the United States was under The Great Depression with almost 25% unemployment rate. The hard time was probably one of the biggest factor in forcing Harland Sanders (The Colonel) to start experimenting with various mix of spices and herbs, trying to get the best formula for his recipe. (If we still remember the Asian Economic Crash 1997-2002, one of the last remaining business that kept going during the recession was the food industry). By 1939, the recipe was already perfected and the Colonel had expanded his restaurant to accomodate 142 seats. This was a fairy large restaurant, the size is equivalent to several tennis courts. However there was one problem. The WAITING time! It took almost 30 minutes for the chicken to properly cooked. Turn the gas bigger and you risk of having the chicken cooked on the outside but still red with blood inside. Saved by the Pressure Cooker Thanks to technology, in 1939 pressure cooker was introduced. Pressure cooker allow liquid to boils at higher temperature. Water for example normally boils at 100 degree Celcius, but with a pressure cooker the sealed lid doesnt allow air or liquid to escape and enable water to boils higher at 125 celcius. This significantly shortened the time for cooking and as an added advantage, the nutrients (hence the taste) are retained making the food more delicious. Since the boiling point is much higher, this would also kill more germs and make the food last longer. It should be noted that The Colonel spotted the pressure cooking technique just weeks after it was introduced. This means he was always looking for ways to improve the taste and the time it takes to cook the famous kentucky fried chicken. Time means money Every minutes saved means less time waiting and more satisfaction to the customers. This would also encourage a first time buyer to become repeat customers. The Colonel is also a smart guy. He can read the writing on the wall. By early 1950s, he probably heard rumours that an Interstate Highway is going to be built BYPASSING his town. This could have a devastating effect on his business. He is now probably under serious dilemma. When the Interstate was finally opened in 1955, it caused a huge diversion of traffic away from his town. Owning a big percentage in a small town VS Owning a small percentage in a large country. Seeing an end to his business, the Colonel auctioned off his operations. Confident with the quality of his fried chicken, the Colonel started travelling from town to town franchising his recipe. He visited countless restaurants, promoting his recipe by cooking fried chickens for the owner and the workers. The first franchise was awarded to Pete Harman of Salt Lake City. A handshake agreement stipulates a payment of a nickel to the Colonel for each chicken sold. This is one of the real strength of the franchise system. It provides a stream of money albeit the sum is initially very small. Building a franchise network is like building a pipe for money to flow to you. In the beginning, the cost is huge because you have to set the infrastructure, digging the earth, linking pipes, bypassing obstacles etc. In the beginning the volume of water flow (money) in your pipe is also dismal. After a few years of hard work, the effort will start to bear fruits. A penny here, a penny there, ten pennies from this town, a hundred pennies from that city, a thousand pennies from this district, ten thousand pennies from that state and it happen EVERY DAY! Before long it started to make a huge impact on your income. The KFC secret recipe: Does it matter? It is an open secret that the KFC is made of a mix of 11 herbs spices. Using modern spectrometer, we can blast the Colonel spice with X-ray photoelectron or burn them with a specially designed gas and study the result. With a database of results made with similar technique using all spices herbs known to mankind, it would take just weeks before we could identified the exact names and percentage of those 11 spices. However, DOES IT MATTER Does it really matter to know the exact names and compositions of those spices? An average businessman would think the secret recipe is so valuable and willing to pay millions for a copy of it. A genius businessman would not pay even a penny!! It is the franchise system, not the spice recipe. Have you been to a night market (pasar malam) and tried the fried chickens sold by the hawkers? Have you ever been to a small restaurant or a foodstall and found out that the fried chicken was so crispy and delicious Then you were wondering why this small time businessman did not make a fortune out of his secret recipe! The next time you visited the restaurant again, did you notice that:- sometimes there was nobody to take orders sometimes it was closed without properly giving a notice in advance sometimes the table was in a mess and nobody to clean even after 5 minutes you were seated sometimes the sink was dirty and choke full with food residual. sometimes the fried chicken was overcooked, and at other times it was undercooked. sometimes the fried chicken was too hot and at other times it was not so spicy. What is the point? The secret recipe represent only a small percentage of the success of the KFC franchise. If I were to give a percent, it may not represent more than 20% of the total success. THE SUCCESS IS DUE TO THE FRANCHISE SYSTEM!! In a franchise system, everything is documented and there are strict rules for running the business. For example: The chicken must be cooked in a pressure cooker and left for 15 minutes The size of each of the chicken parts must at least 8 cm wide and weight 300 grams The chicken must be marinated overnight The age of the chicken when they were slaughtered must be between 60-70 days The minimum size of the restaurant must be 2460 feet The color of the logo, the chair and the table must be yellow and the floor is dark grey. The toilet must be cleaned every 3 hours. The sink must be cleaned every 30 minutes The windows must be cleaned every morning Food left unsold after 15 minutes must be discarded. The worker must wear company-shirt and trousers. No jeans, corduroy or leather. 5% of gross earning must be used for local advertisement 1% of gross earning must be used for national level advertisement 3% must be used for RD to develop new recipes local brand. The food must also be offered in discounted packages (e.g 2 chicken, 1 fries, 1 glass of pepsi) The food can be ordered seperately / ala carte but no discount applies. The restaurant must have air-condition. This long list of standard operating procedures is actually the key to the success of the franchise. The long list is actually an accumulated wisdom and know-how the franchise system have developed after a few decades of operation. Finally we found the holy grail!! THE SECRET RECIPE of KFC SUCCESS IS ACTUALLY THE WHOLE FRANCHISE SYSTEM!!

Marketing in a Global Economy Essay -- GCSE Business Marketing BTEC Co

Marketing in a Global Economy Vision. There's a word that hearkens back to the early '80s, at least in current management thinking. Yet despite its presence in the leadership vocabulary for more than two decades, many companies are today struggling to draft the right vision for a hyperactive, global business environment. This paper is intended to offer an overview of some of the aspects of conducting business globally and aims to identify ways in which businesses can tap the gains of this process, while remaining realistic about its potential and its risks. Specific topics will include: 1) technology challenges; 2) gaining a foothold in new markets; and 3) conducting business with different cultures. Finally, real world business examples will be used to amplify the discussion. Technology Challenges No other technological advancement has enhanced global business in the last 10 years like the Internet. The Internet has made accessible foreign marketplaces that for years were expensive and difficult to access. If an organization builds the right site, you can easily attract visitors from around the world. Obviously, however, this site can't be written predominantly in English and marketed with an American spin. If a company from the United States wants to be seen by all, their operations have to reach international consumers. Currently, 63 percent of Fortune 100 Web sites are stuck in the past, i.e., they are only written in English, according to Forrester Research (Internet World, 2001). Going global does not merely mean translating English sites into foreign languages. First and foremost, organizations must think globally and tackle their challenges head-on. Companies are faced with obstacles like ... ...he domestic arena. By following the lead of other successful companies and avoiding the stumbling blocks mentioned in this discussion, organizations can take advantage of prospective untapped worldwide business. References Baran, S. (2001, April 01). A small, small world. Internet World. Bhatia, R. (2001, May/June). Economy lodging demands spur new markets around the globe. Franchising World. Vol. 33, Issue 4. Demers, J. (Jul/Aug 2001). Exploring new markets. CMA Management, , Vol. 75 Issue 5. Des Moines Business Record. (2001, February 5). It’s a small world. Parker, B. (1996). Evolution and Revolution: from International Business to Globalization. Handbook of Organization Studies, Sage: London. Yip, G. (1995). Total Global Strategy: Managing For Worldwide Competitive Advantage, New Jersey: Prentice-Hall.

Life on Other planets. Essay -- essays research papers

One of the most common unanswered questions scientists find themselves asking is "Is there life on other planets?" Since the first famously documented UFO sighting in 1947, the idea of extra-terrestrial life has been debated almost non-stop. The subject has inspired many TV programs, such as The X-Files, and films (Mars Attacks, Independence Day, and the Men in Black films to name but a few). Scientists have come up with many new ideas and ways of trying to either prove or disprove the existence of life elsewhere. Mars is a very similar planet to earth in relation to size and atmosphere. Therefore it seemed like the most likely place to search for life. At the end of the 19th century, an American named Percival Lowell built himself an observatory so that it was possible for him to study Mars in intimate detail when its orbit was closest to Earth. At this time it had recently been suggested that the planet had a system of channels on the surface, present from the evaporation of flowing water. Looking through his telescope Lowell became convinced he could see a network of artificial canals. This led him to believe that there were intelligent beings on Mars who had built these canals. However, spacecraft have now visited Mars and found that there is no evidence of water at all. It is now thought that the lines he could see were the combination of Lowell's overactive imagination, and scratches on the lens of his telescope. We are now searching one of Jupiter's moons, Europa, as this seems to be th e next likely place to hold life. It is seen to be more likely, however, that we will find less intelligent life in one of two different ways: It may be possible for us to obtain material from another planet or moon or star from elsewhere in the Solar System. Spacecraft may be able to visit these bodies and, for example, use a robot to collect material for examination. This may be examined on site, or brought to Earth to be investigated in laboratory conditions. They could be tested for things such as evidence of fossilised organisms. Another, possibly slightly far-fetched hope is that we may find simple organisms like bacteria actually living on the desired planet. These ideas spanned from the discovery of rock on our planet that originated from Mars; knocked from the planet when a comet collided with it. In 1996 a group of scientists created conflict by ... ...them is so great that they are dragged to our planet. Another idea is that UFO's are not really from other planets at all, but created right here on Earth. Supposedly Germans, Americans and Soviets started the 'Projekt Saucer' in Germany towards the end of World War II. During the war Germans sent ships to the Antarctic with equipment and plans for a massive underground structure. It is said that at the end of the war scientists and engineers who had been working on Projekt Saucer in Germany ended up in this underground structure, where even more advanced saucers were created. In a manner of thinking this is by far the scariest theory should it be proved correct, for it brings up more questions than it gives answers. What would people on Earth want to create spaceships for? Why keep it such a secret if everything is harmless? Maybe, if this theory is proved correct, it is better not to know the answers. To conclude, there are no solid facts on the existence of extra-terrestrials. Whether or not they exist will, until definite proof is brought forward, be a topic of major debate. Personally I believe that there is something out there-although what it is I wouldn't hazard a guess.

Eid Ul Azha

Eid is a great festival for Muslims. There are two Eid occasion- Eid ul fitr and Eid ul adha. Muslims celebrate these festivals with great respect and pleasure. Eid ul fitr is celebrated after the month of Ramadan. Eid ul adha is celebrated in 10th Jilhajj. We celebrated Eid ul adha in last month. Eid ul adha remembers the prophet Ibrahim's willingness to sacrifice his son when God ordered him to. God appeared in a dream to Ibrahim and told him to sacrifice his son Isma'il. According to Islamic tradition, approximately four thousand years ago, the valley of Mecca (in what is now Saudi Arabia) was a dry, rocky and uninhabited place.Ibrahim was instructed to bring his Egyptian wife Hajirah and Ishmael, his only child at the time to Arabia from the land of Canaan by Allah's command. As Ibrahim was preparing for his return journey back to Canaan, Hajirah asked him, â€Å"Did Allah order you to leave us here? Or are you leaving us here to die. † Ibrahim turned around to face his wi fe. He was so sad that he couldn't say anything. He pointed to the sky showing that Allah commanded him to do so. Hajirah said, â€Å"Then Allah will not waste us; you can go†.Though Ibrahim had left a large quantity of food and water with Hajirah and Ishmael, the supplies quickly ran out, and within a few days the two began to feel the pangs of hunger and dehydration. Hajirah ran up and down between two hills called Al-Safa and Al-Marwah seven times, in her desperate quest for water. Exhausted, she finally collapsed beside her baby Ishmael and prayed to Allah for deliverance. Miraculously, a spring of water gushed forth from the earth at the feet of baby Ishmael. Other accounts have the angel Jibrail striking the earth and causing the spring to flow in abundance.With this secure water supply, known as the Zamzam Well, they were not only able to provide for their own needs, but were also able to trade water with passing nomads for food and supplies. Years later, Ibrahim was i nstructed by Allah to return from Canaan to build a place of worship adjacent to Zamzam well Ibrahim and Ishmael constructed a stone and mortar structure —known as the Kaaba— which was to be the gathering place for all who wished to strengthen their faith in Allah. As the years passed, Ishmael was blessed with Prophethood (Nubuwwah) and gave the nomads of the desert his message of submission to Allah.After many centuries, Mecca became a thriving desert city and a major center for trade, thanks to its reliable water source, the well of Zamzam. One of the main trials of Ibrahim's life was to face the command of Allah to devote his dearest possession, his only son. Upon hearing this command, he prepared to submit to Allah's will. During this preparation, Satan (Shaitan) tempted Ibrahim and his family by trying to dissuade them from carrying out Allah's commandment, and Ibrahim drove Satan away by throwing pebbles at him.In commemoration of their rejection of Satan, stones are thrown at symbolic pillars signifying Satan during the Hajj rites. When Ishmael was about 13 (Ibrahim being 99), Allah decided to test their faith in public. Ibrahim had a recurring dream, in which Allah was commanding him to offer his son as a sacrifice – an unimaginable act – sacrificing his son, which Allah had granted him after many years of deep prayer. Ibrahim knew that the dreams of the prophets were divinely inspired, and one of the ways in which Allah communicated with his prophets.When the intent of the dreams became clear to him, Ibrahim decided to fulfill Allah's command and offer Ishmael for sacrifice. Although Ibrahim was ready to sacrifice his dearest for Allah's sake, he could not just go and drag his son to the place of sacrifice without his consent. Ishmael had to be consulted as to whether he was willing to give up his life as fulfillment to Allah's command. This consultation would be a major test of Ishmael's maturity in faith, love and commitm ent for Allah, willingness to obey his father and sacrifice his own life for the sake of Allah.Ibrahim presented the matter to his son and asked for his opinion about the dreams of slaughtering him. Ishmael did not show any hesitation or reservation even for a moment. He said, â€Å"Father, do what you have been commanded. You will find me, Insha'Allah (Allah willing), to be very patient. † His mature response, his deep insight into the nature of his father’s dreams, his commitment to Allah, and ultimately his willingness to sacrifice his own life for the sake of Allah were all unprecedented.Ibrahim could not bear to watch his son die so he covered his eyes by a blindfold. When he cut Ishmael's throat and removed the blindfold, he was astonished to see that Ishmael was unharmed and instead, he found a dead sheep which was slaughtered. Ibrahim had passed the test by his willingness to carry out Allah's command. As a reward for this sacrifice, Allah then granted Ibrahim the good news of the birth of his second son, Is-haaq. And We gave him the good news of Is-haaq, a prophet from among the righteous.Ibrahim had shown that his love for Allah superseded all others: that he would lay down his own life or the lives of those dearest to him in submission to Allah's command. Muslims commemorate this ultimate act of sacrifice every year during Eid al-Adha. I celebrated Eid ul adha with my family in Chittagong. Our eid vacation was started 17 October. I went to Chittagong with a great pleasure. Before 3 days of eid my father bought a cow to sacrifice for Allah. The eid was celebrated at 27th October. On that day I take bath in 7. 00 am.Then I help my mother in cooking. My father was going to slay cow and collect beef. My father returned home at 1. 00 pm. Then my mother cooked meat. At afternoon I get out with my friends. I visited my friends’ house. My friends were gathering in one of my friend’s house and chatting. At 9. 00 pm I returned home . I took my supper with my family. I was tired but I enjoyed the festival. After 7 days I returned to Dhaka. It was an enjoyable Eid celebration. Dhaka is a busy city. Everyone is busy with his own business. I miss my Eid days in this busy life. â€Å"Thank You†

Contracts and Negligence Assignment Essay

Q. 1.1 A Contract is an agreement that is obligatory when imposed or acknowledged by law. (Peel, 2010). An agreement is a contract when forged with the willing approval of those involved in the contract, for a legal consideration and with a legitimate object, and not hereby expressly declared to be void (Malaysian Contracts Act, 1950). Contracts can either be Bilateral or Unilateral. Bilateral Contract is an agreement where a promise is exchanged for a promise. For instance, contract for the sale of goods is a bilateral contract. The purchaser promised to purchase the goods, in return for the seller’s promise to supply the goods. Figure 1 Source: https://www.google.co.uk/search?q=drawing+of+bilateral+contract+by+wikispaces The above shows both sides promise to do something Unilateral Contract occurs where just one person makes a promise open and available to anyone who performs the required action. For example: â€Å"collecting the reward such as  £100 for a lost document or pet† is unilateral contract. Figure 2 Source: http://www.images.123.tw/unilateral-contract/ The above shows only one side promises Contract can also be oral or written. Furthermore in order for a contract to be valid the offer and acceptance criteria must be met. The lawfully acceptable method for a contract to be binding is illustrated in the diagram below. This is known as Formation of Contract. Figure 3 Source: (www.laws1008.wikispaces.com) A Contract comprises of six important elements before it becomes valid and these are; Offer, Acceptance, Consideration, Intention to create Legal relation, Certainty and Capacity. If a single one of elements mentioned above is missing, the agreed contract will become illegal. The main elements are explained below: Offer: This is the first element in a valid contract. According to Peel (2010) an offer is â€Å"an expression of willingness to contract on specified terms, made with the intention that it becomes binding once it is accepted by the person to whom it is addressed†. An offer must be communicated and should be explicit. The person putting up the offer is referred to as offeror whilst the individual who receives the bid (offer) is referred to as the offeree. However, an offer must be distinguished from invitation to treat. There are two cases to be considered here. One case is Gibson v Manchester City Council (1979) Mr Gibson was sent a letter that informed him the council ‘may be prepared to sell the property to him for  £2,180 freehold†. The City Treasurer stated in his letter that â€Å"This letter should not be regarded as firm offer of a mortgage†. Included in the letter was the instruction on how to complete and return the enclosed application form to make a f ormal request to purchase the property. Mr Gibson did as he was requested but  because of unanticipated change in political leadership of the council, the proposed action to sell houses to tenants was changed and Mr Gibson was notified accordingly that it would no longer be possible for him to buy the house. Initially the Court of Appeal affirmed there was a binding contract between the the council and Mr Gibson but the verdict got over ruled on appeal to the House of Lords. The outcome of the judgement states that the first note forwarded by the Council was not an offer to sell rather it is an invitation to treat and further stated Mr Gibson did not accept an offer instead made one when he sent his completed requisitioned form. However, in an identical case of Storer v Manchester City Council (1974), Mr Storer puts in a bid to purchase his council property and he was forwarded an ‘Agreement for Sale of a Council House’ form which he signed and posted it back to the Council. The council received his reply before the political reform affecting the sales of house to council tenants transpired. The Council contended that the ‘Sale of Agreement Form to sell the Council House’ was not an offer and in this instance no contract was contracted. However, the Judges failed to agree and ruled that the form was indeed an offer immediately Mr Storer signed the form and forwarded it back to the Council. It is pertinent to point out the differences between these two similar cases. In the case of Mr Gibson no ‘Agreement for Sale’ was prepared and Mr Gibson did not sign. Whereas for Mr Storer’s case there was an agreement; consequently, the bargaining has been done and an agreement attained. Acceptance: Is defined by Chartered Institute of Taxation as â€Å"any words or actions signifying the offeree’s consent to the terms proposed by the offeror†. Acceptance must be final and unqualified. Acceptance should be conveyed to th e offeree. The wordings contained in the terms of the acceptance must be exact wordings in the terms of offer. Carlill v Carbolic Smoke Ball Company (1891) case refers. The company placed an advert in a newspaper, and in addition put a sum of cash on deposit with a bank and say they would pay anyone who contacted influenza while using their products, a remedy for curing flu, coughs, colds, bronchitis. It stated that anyone who had the ailment after taking the medication shall be recompensed with  £100. A consumer, Ms Carlill, took the medication and caught the flu. The firm was sued by her for damages and her case was successful. Consideration: â€Å"means something of value is given by one party to the order: ‘it is the price of  the promise’ (Chartered Institute of Taxation 2013) In Dunlop Pneumatic Tyre Co. Ltd v Selfridges & Co. Ltd. (1915) Consideration is â€Å"an act of forbearance of one party or the promise thereof, is the party which the promise of the other is bought and promise thus given for value enforceable†. Selfridges broke the term of agreement and Dunlop sued and lost the case because Dunlop could not enforce the contract because they did not provide any consideration for the promise made by Selfridge. It is important to highlight that ‘past consideration is no consideration. This means that anything done before the promise in return is given is no consideration and it is not adequate to make the promise binding. Types of consideration include: Executed (present) this is when an act is completed. An example is a Unilateral contract Executory this is when promises have been made in exchange for performance of acts in the future. For instance, a Bilateral contract Past consideration. In addition there are certain requirements for consideration to be valid and these are: It must not be past. However, there are exceptions such as:  (a) Previous request where the promisor has previously asked the other to provide services. Lampleigh v Braithwait (1605) (b) Business Situations, that is, when a thing is done in business and both parties perceived that it will be paid for. Casey’s Patents (1892) refers. (c) The Bill of Exchange Act 1882 Section 27 (1) says â€Å"provided that previous debt is valid for a bill of exchange†. It has to be forbearance to sue that is, if an individual has valid claim against another person but promises to forebear the enforcement. Combe v Combe (1951) & Alliance Bank v Broom (1864) It should be passed at the request of offerer. Durga Prasad v Baldeo (1880) It must move from the promisee. Dutton v Poole (1677) & Tweddle v. Atkinson (1861) It must be sufficient. Thomas v Thomas (1842); Chappel v Nestle (1960). Cannot consist s olely on sentiment value White v Bluett (1853) It must be legal that is not doing things that are immoral Wyatt v Kreglinger and Fernou (1933) Performance of existing duty that is, person carrying out duties that under general rules, they are required to do will not provide consideration. Traditional authority for rule: Collins v Godefroy (1831).  Carrying out additional duties: Glasbrook Brothers v Glasmorgan County Council (1925) Existing Contractual Duty this is where an individual has promised to do a thing already obligated to them under a contract that will not amount to a genuine consideration. (Stik v Myrick (1809) 2 Camp 317; Hartley v Ponsonby (1857); William v Roffey – if a 3rd party is owed for existing contract Duties to pay debts. This is where debts are paid in instalment. This is not a valid consideration and it is known as Pinnel’s Case. Foakes v Beer (1884) Intention to create legal relations: Parties to the agreement must intend to go into a legally binding agreement or contract. This is an intention from the two involved parties to go into a lawful and binding association. If there is no intention the agreement will be void. Intention to create legal relations could be: Commercial or business relations. Kleinwort Benson Ltd v Mining Corporation Bhd (1989), or, Social friend’s relation. Simpkins v Pays (1955) and Family or domestic relations. Balfour v Balfour (1919). Capacity: All those involved in a contract should possess legitimate ability to go into it. An individual unsafe physically, demented or a minor under the age of 18 cannot go into a binding. However, certain groups of people who have limitations such as mental health issue, drunks and minors under the age of 18. Those are the mentally ill, Minors under the age of 18 as stipulated by the Family Reform Act 1969. e.g. Chapple v Copper (1844) where a service was considered necessary but in the case of Nash v Inman (1908). Where a waistcoat was supplied to a minor would have been considered necessary but in this case it was the other way round as, purchase of the waistcoat is not necessary because the father had already provided the minor with several waistcoats. If a minor procure a luxurious thing and did not acquire because of necessity, the minor is liable and be responsible for his action. Privy of Contract means that â€Å"a contract cannot under normal situation confer rights or impose responsibilities emerging from it on any person except those involved in it. It is also known as â€Å"Rights of the third party Act 1999†. Treitel (2004) It isin also the relationship between the parties to an agreement, though there are exceptions, Q. 1.2. Face to Face (Verbal or Oral): This is â€Å"an agreement based on spoken promises, however it may be difficult to prove and it legally binding and  both parties will understand what they have agreed to and bargained in good faith†. www.ehow.com Phillip v Brooks (1919) case refers. It is case that involved a thief who falsely pretended to be Sir George Bullogh and bought jewellery under Sir Bullogh’s name with a cheque. The thief convinced the jeweller to part with the ring because his wife’s birthday was next day. The jeweller was convinced the was indeed Sir Bullogh after checking the address directory which tallies with Sir Bullogh’s address details. As soon as the rogue left, he sold the ring under the false name of Mr Frith and vanished into thin air. The claimant instituted a unilateral mistake of identity legal action. The case was affirmed that the transaction was not void for mistake because the parties transacted a face-to-face contract and in law it was assumed they dealt with the person before them and not the person they claimed to be. Written Contract: This is a written document indicating an agreement between two individuals. The parties can be human beings, organisations and businesses. All parties will have to append their signature to the contract to be legitimate. It also acts to protect both parties from breach of contract. www.wisegeek.com On-line: This is also known as Distance Selling when goods are sold to consumers void of face-to-face contact and done through Internet, e.g. Amazon.co.uk, eBay, booking vacation and on line banking. This type of transaction is governed by the Distance Selling Act 2000. Four contractual elements are contained in on-line contracts: offer, acceptance, consideration and intention. Contracts by Deed: â€Å"is a written document signed by the promisor and it must be clear be clear in the wording of the document that is intended to take effect as a deed. The must be witnessed by a third party. (Chartered Institute of Taxation 2013). The property title will not be given to the potential buyer until the final payment is made. It is also referred to as Sales Contract. Q. 1.3. Terms are the contents of contract. It is used in the civil law, to denote the space of time given to the debtor to discharge his obligation. Terms could be expressive resulting from positive stipulations of an agreement. It could be of right or of grace it is not within the agreement. Terms are of grace when it is afterwards granted by the judge at the requisition of the debtor. Contracts terms may be expressive or implied and could be classified as either: conditions, or warranties or innominate terms. www.tutor2u.net An express term is one that  has been particularly stated and agreed by both individuals at the time the contract is executed. It could be written or oral. www.tutor2u.net Implied terms are words or stipulations that a court presumes were planned to be incorporated in a contract meaning the terms are not expressively mentioned in the contract. www.elawresources.co.uk It could be: Terms implied through custom, Hutton v Warren (1836) EWHC J61; In fact. The Moorcock (1889) 14 PD 64 At Law Shell UK v Lostock Garage Limited (1976) 1 WLR 1187 There are two main types of implied term: (a)Terms implied by statue for example Sales of Goods Act 1979. There are about four key provision but I will use Section as an example that says â€Å"goods should be of ‘satisfactory quality’ meaning they should be up to standard a rational individual would consider â€Å"satisfactory† and if the purchaser says the good is being purchased for a distinct reason, there is an implied terms the products are suitable for the intended purpose. www.tutor2u/net (b) Terms implied by law courts an example is if the courts held that landlords of blocks of flat should keep the communal areas including lifts, stairs etc. in a reasonable state of repairs – so that the term was implied into the rent contract. an example case is Liverpool City Council v Irwin (1977) AC 236 HL Innominate term this when the parties involved fail to classify the commitments in the contract, the court will hold that they are unattested and apply the ex-post ‘consequence of breach test ’. The judgement given will depend on the magnitude of the breach. Case of: Hong Kong Fir Shipping v Kawasaki Kaisen Kaisha (1962) 2 QB 26 refers. Condition is a paramount term of the contract that goes deeply into the contract. For example if a proviso is contravened the guiltless party is entitled to renounce the contract and claim compensations. In the matter of Poussard v Spiers (1876) 1 QBD 410. Madame Poussard entered into contract to perform as an opera singer for three months. She was ill five days before the opening night and unable to perform for four days, held that she breached condition and that Spiers were entitled to end the contract. Warranties are minor terms of a contract which are not central to the existence of the contract. If a warranty is breached the innocent party may claim damages but cannot end the contract. Bettini v Gye (1876) QBD 183.  Trader puff is an expression of exaggeration made by a sales person or found in advertisement that concerned the goods offered for sale. It represents opinions instead of facts and is usually not considered a legally binding promise. Example of trader puff: â€Å"this is in good shape† and â€Å"your wife will love this car† Representation Term â€Å"is used in reference to any expressed or implied statement made by one of the parties to a contract in the course of negotiation to another regarding a particular fact or circumstances that influence the consummation of the deal and if not honoured the innocent party may bring an action for misrepresentation. (There are three types of misrepresentation as follows: Innocent, fraudulent and negligent misrepresentations (e-law resources) Learning Outcome – 2: Mini-case A The case above is an expressive term Bi-lateral case one involving Fiona and her uncle which involves offer and acceptance. Uncle Arnold was the offerer and Fiona the offree. The offer here was  £15,000. The main element of this case was that of acceptance. The agreement failed due to non-acceptance and time as consideration because the uncle said â€Å"fairly quickly† with a third party involved â€Å"I have already had a good offer from my colleague† so the following is to be considered when giving the verdict: Term: Offer  £15,000 and Acceptance by Fiona, Bi-lateral, both written and expressive Consideration – Time fairly quickly Third Party involved with better offer (Privity) Even though no clear straight form of acceptance occurred it is still a legal binding agreement but in this case Fiona cannot claim compensation for breach of agreement because it failed due to her delay and negligence in not responding in time. Therefore, if Fiona decides to go to court her case is not substantial enough to award her for damages. However, under vicarious liability Fiona can make a claim in court if she wishes. An example is Harvey v Facey (1893) AC 552 Privy Council. This was a case between Harvey and Facey in which correspondences were exchanged regarding sales of bumper Hall Pen asking for the sale of the property. (This was a distance offer as it was done through telegram). When Harvey asked â€Å"Will you sell us Bumper  Hall Pen?†. Facey responded â€Å"Lowest price for the Bumper Hall Pen  £900† to which Harvey responded â€Å"We agree to purchase Bumper Hall Pen for  £900 asked by you. Please forward your title deed so that we may get early possession†. Unknown to Harvey Facey was already negotiating with Kingston Council. The transaction failed and Harvey sued Facey. The issue in this case is â€Å"was that there was no clear offer† from Facey to sell the property to Harvey so the Privy Council ruled that â€Å"An offer cannot be implied by writing. It can only be concrete and sound. The appellant Harvey cannot imply that Facey made an offer when he did not† (www.casebriefsummary.com) Mini case B This is a distance, face-to face executed consideration and unilateral case involving offer of intention made by Mrs Smith open to everyone so no need for acceptance in this instance. The offer here is the reward of  £10 if her lost cat is found which did not involve transport cost. Mrs Smith refusal to David  £25 which include cost of transportation is valid and justified as payment for transportation was not included in the advert so therefore David has no case and could not claim for compensation if he goes to court. See Leonard v PepsiCo. PepsiCo placed a superfluous television advert stating â€Å"Pepsi points† if Pepsi was drank highlighting a young person arriving at school in Harriet jet and mentioned that the Harrier jet was for 7,000,000 Pepsi points. Leonard attempted to collect the Harrier jet by forwarding 15 Pepsi points accompanied with a cheque for $700,000.00 in order to obtain the Harrier jet. PepsiCo refused the delivery of the Harrier jet. Leonard lost the case because advertisement was not an offer. Mini-case C Mrs Harris, the owner of three rented houses in Extown, asks her next-door neighbour, Ted, to collect rent from the tenants for her while she is abroad on business. Ted collects the rents and when Mrs Harris returns, she says to him, â€Å"I’ll give you  £50 for your work†. Later Mrs Harris refuses to pay Ted. Here is a bi-lateral verbal, expressive offer and acceptance case between Mrs Harris and Ted. The main contract element issue here is consideration because the act has already been performed by Ted before the agreement was met. Even with no binding agreement, the ‘rule of consideration applies in this case’ because consideration can never be past or post, therefore in this case, Ted can sue Mrs Harris for consideration and breach of Contract  for his claims. For example see the case of Labriola v Pollard Group, Inc. (2004) Mini-case D The above is an offer and acceptance bi-lateral expressive written contract case between Lynx Cars Ltd and Roadstar Ltd though the agreement is not legal binding. The offeror is Lynx Cars Ltd whilst the offeree is Roadstar Ltd. The contract term as stated here are the quantity of cars (2000), time limit of five years with no financial loss incurred. Roadstar Ltd was informed in good time of just four weeks cancellation into the agreement. My verdict is that for Roadstar Ltd to make a claim the agreement must be legally binding which is missing in this case. Therefore Roadstar can withdraw from the agreement but cannot make any claims for compensation because of reasons given above. Mini-case E The above case was initially a unilateral case because it was advertised and opened to all but after the agreement was signed between Slick Cars and Paul it became Bi-lateral. The agreement was also an expressive one with contract term of conditions, warranty and trade puffs met. However if in the future something goes wrong with the car, Paul is not entitled too claims because all the sales conditions were met as of the time of purchase. Also if the car was discovered to have been stolen, Slick Cars Ltd and not Paul will be liable for prosecution. The warranty on the car includes the refund of road tax payment and an implied term of â€Å"buying a car from their hundreds of cars†. All the conditions regarding the sales of the car have been met bargain including the traders puff. My advice to Paul is to go ahead and buy the car as he has no liability regarding the car even if the car was to be a stolen one. However if the Trade puff does not represent what the advert says, or any of the condition is missing, Paul has the right to terminate the agreement his money will be refunded but will not be entitled to any compensation. However if the Trade puff defaults and Paul has evidence to support it, Paul can sue for compensation. Verdict Paul to buy the car but he should bear in mind that the warranty cannot end the contract but again, he could be compensated. Carlill v Carbolic Smoke Ball Company (1891) case refers. Mini-case F The above is a clear case of tort negligence and breach duty of care. Negligence failure on Duty of Care on both the part of the Council and the Leisure Centre. The Council’s notice was partially obscured so not visible to Jim and his wife, also the Council should have cut the overgrown shrubs failure to do this is maintenance negligence as this accident could have been prevented in addition Jim’s car damaged by the Council van is a health is an implied term and safety issue for which the Council is liable. The Leisure Centre on the other hand did not show any Duty of Care when the accident happened and therefore liable to pay for injuries and other related costs. In view of the above, it is my considered advice that Jim and his wife get compensated. See Blake v Galloway (2004) CA Q. 3.1 Tort is a civil wrong committed against an individual and originated from the Latin word tortum meaning â€Å"twisted wrong† and also conceded in court law as arguments for a legal action that can be resolved through compensations. See, e.g. Smith v. United States, 507 U.S. 197 (1993). This is a case involving the of a husband who got killed whilst working for a private firm under contract to a Federal Agency in Antarctica a region with no recognised government and without civil tort law and the wife sued The United States under the Federal Tort Claims Act (FTCA) for wrongful death in action. The case was dismissed by the District court for lack of jurisdiction because Mrs Smith’s case was stopped by FTCA’s foreign country exception policy that states that the statute’s waiver of sovereignty immunity does not apply, however, the Court of Appeals affirmed. (https://supreme.justia.com/cases/federal/us/507/179/case.html) The principal reason for tort law is ensuring compensation is given for the injuries sustained and to prevent others from committing the same harms. Inclusive of the types of injuries the injured party may recover are: loss of salaries fitness, pain hardship, and rational medical costs. These are inclusive of both present and future expected losses. Tort could be in form of trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress Torts are classified into three categories as follows: Intentional torts: These are intentional acts that are rationally and foreseeably done to injure another person. Intentional torts are unethical behaviours the defendant knew or should have known could transpire as a result of their actions or inactions, an example is to intentionally hit a person. Case of Broome v Perkins [1987] Crime LR 271 refers. The appellant was diabetic and drove in an unsafe manner whilst suffering from hypo-glycaemia, a low blood sugar level caused by an excess of insulin in the bloodstream. His claim of non-insane automatism failed because of evidence that he had exercised conscious control over his car by veering away from other vehicles so as to avoid a collision and braking. His was found guilty for driving without undue care and attention Negligent torts are the most common tort used to describe behaviour that constitute unreasonable risks to harm to a person or property or where the defendant’s actions were irrationally precarious. Vaughan v Menlove (1837) 3 Bing NC 467 in this case the defendant’s haystack caught fire because of poor ventilation. The defendant had been warned several times that the haystack could cause fire but he contended he had used his acumen and did not anticipate a risk of fire. The court held his logic was inadequate. He was adjudged by the standard of a reasonable man. (www.e-lawresources.co.uk) However, it pertinent to mention that not all wrongful act is a tort. In order for a tort to be constituted the following must exist: Every wrongful act is not a tort. To constitute a tort, There must be an unjustified action carried out an individual person The unjustified action must be serious in nature to have given warranted a judicial relief and Such judicial relief should be in the manner of an action for un-established injuries. Strict liability torts are when a person places another in danger in the absence of negligence because he possessed weapon, animal or product and it is not compulsory for the plaintiff to prove negligence meaning :mens rea†. http://education-portal.com See Sweet v Parsley 1970 HL This is a case involving a landlady who lets rooms to tenants however she kept a room for herself and visits once in a while to collect her letters and the rent. In her absence the house was raided by the police and cannabis found. She was  found guilty under s5 of the Dangerous Drugs Act 1965 (now replaced), of â€Å"being concerned in the management of premises used for the smoking of cannabis†. She appealed and claimed no understanding of the situation and could not be expected to rationally have acquired such understanding. Her conviction was revoked by The House of Lords, due to lack of proof that she purposely rented her house to be used for drug-taking, since the statute in question created a serious, or â€Å"truly criminal† offence, the judgement convicting her would have grave consequences for the landlady who is the defendant. Lord Reid stated that â€Å"a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stigma†. Lord Reid in furtherance pointed out that it was inappropriate to levy her for total liability for this type of wrongdoing because the people who were in charge for renting properties are not likely to have anticipated everything that their tenants were doing. It is imperative to mention that there are both similarities and differences in torts. Similarities between tort and contract laws The above two laws share the same similarities in that they are both civil wrong. In tort the injured person will claim damages with a classical example of Donoghue v Stevenson (1932) whilst in contract the injured person will sue for compensation an example is the case of Dunlop Pneumatic Tyre Co. Limited v New Garage & Motor Co Limited (1915) A C 79. In both tort and contract violations monetary rewards or any payment that will atone for the losses Differences between tort and contract laws are shown in the table below: Tort Law Contract Law No relationship with the claimant, could be total stranger Claimants could be known to each other and parties to the contract Consent not necessary liability is warranted by one individual against another Consenting parties are involved Tort is punitive Contracts is positive, creative situations Tort is used to claim compensation by the injured party Contract involves two or more parties In tort damages are imposed by court or negotiated In Contract compensations are awarded as stipulated in the contractual agreement Tort law is not codified Contract law is codified Tort law safeguards right in rem available against everyone It protects rights in personam meaning against a particular person Damages are un-liquidated Damages are liquidated Source: http://www.acadmia.edu Q. 3.2 Negligence is the failure to take reasonable care or exercise the required amount of care to preventing harming others. An example is where an accident occurs that injured another person or cause damage to the car because the driver was driving erratically, the driver could be sued for negligence. http://www.thismatter.com Negligence in behaviour and duty usually have a disastrous effect on individuals and the society as whole, and in order to protect the society from these dangerous acts, legal steps are taken such as included in the elements of negligence. Consequently, elements of negligence as explained below: Duty of Care: is the statutory obligation made mandatory on every rational human being of sound mind to exercise a level of care towards an individual, as reasonably in all the situations, so as to avoid injury to other fellow human being from being or damage his or her property. An example is the celebrated case of Donoghue v Stevenson (1932) in which the claimant drank gi nger beer bought by her friend containing a dead snail causing her harm . This case brought about the â€Å"neighbour principle test† and according to Lord Atkin â€Å"Reasonable care must be taken to avoid acts or omission which one can reasonably foresee to injure one’s neighbour and this brought about the question ‘Who then in law is my neighbour?’ Neighbours are those individuals who will be closely and directly affected by one’s act† This case led to the Neighbour’s principle. Duty of care is therefore based on the relationship of different parties’ involved, negligent act or omission and the reasonable foreseeability of loss to that person http://.www.carewatch.blogspot.co.uk. The loss here may arise as a result of misfeasance or nonfeasance and may also cause pure  economic loss as I the case of Ultramares Corporation v Touche (1931) and psychiatrist damage or nervous shock. Case of Alcock v Chief Constable of South Yorkshire Police (1991) refers In order to establish a Care of duty, the liste d bullet points below also known as the tripartite contained in negligence must be met: The element must be reasonably be foreseeable There must be a relationship between the claimant and the defendant It must be fair, just and reasonable in such environment or situation for a duty of care to be sanctioned. Example is the matter of Caparo v Dickman (1990) HL a case involving auditors certifying false account for the company. (www.sixthformlaw.info) Breach of Duty: is where the defendant fails to meet the standard of care as stipulated by law and to confirm if the defendant owed the plaintiff any moral or obligatory duty. However the defendant is not enforced to have any contractual liability with the plaintiff. The responsibility can be moral or legitimate. Example is the case of Willsher v Essex Area Health Authority (1988) 1 AC 1074 in which a premature babe was given overdose of oxygen by a junior doctor that affected the baby’s retina and made him blind. The case was affirmed as the defendant was in breach of duty (www.e-lawresource.co.uk) Psychiatric Injury: This arises from â€Å"sudden assault on the nervous system (www.lawteacher.net) and until recently was uncertain in tort of negligence. For claimants to make claims regarding psychiatric injury he or she must be able to prove that the injury was genuine. However emotions of grief or sorrow are not enough to cause psychiatric injury Hinz v Berry (1970) 2 QB 40 The Hinz family went out for a day trip when a jaguar driven by Berry ran into the Hinz’s car killing the Mr Hinz and injuring the children. Mrs Hinz witnessed the incident and became depressed but her claim was rejected by the Court of Appeal. Factual Causation: This is the process where it must be proved reasonably in the law that the defendant’s ‘action’ led to damage. This in some cases, applying â€Å"but for† test in most cases resolve the disputed tort’s law cases but if it was proved, the fact must go hand in hand with the other elements, in order to make the case valid and if established, then the defendant is said to be liable to damages. The case of Barnet v Chelsea & Kensington Hospital Management Committee (1969) in which a Mr Barnett went to hospital and complained of stomach pains and vomiting, he was attended to by a nurse who  informed the doctor on duty. The doctor told the nurse to send him home and visit his GP in the morning. Mr Barnet passed away five hours later due to arsenic poisoning. Even if the doctor had examined Mr Barnett at the time he visited the hospital there was nothing he could have done to save him. The hospital was found not liable but this case introduced the â€Å"but for† test that is, the hospital was not negligent for the death of Mr Barnett. Bermingham. (2005). However, there is no need to prove negligence has a certain pattern or order. The elements are principally the determining rules in assessing whether a certain case is a case of negligence or not. Damages: This is the sum of money a plaintiff gets awarded in a lawsuit. There are various types of damages such as: Special damages: caused by the injury received inclusive of medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. General damages: is a result of the other party’s actions, however, they are subjective both in nature and in determining the value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, and loss of companionship, loss of reputation in a libel suit, humiliation from scars, loss of anticipated business and other harm. Exemplary (Punitive) damages: This is the combination of punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, for example, in a sexual harassment case or fraudulent schemes, though these damages are often requested for, they are rarely granted. Nominal damages: These are damages awarded when the actual harm is minor and an award is necessitated under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who wrote that the British Prime Minister had been drunk at a dinner at the White House. The Times. (1947) Liquidated damages are damages pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. The case of Dunlop Pneumatic Tyre Company v New Garage & Motor co (1915) AC 70 refers. Defences for  Negligence: This is where the defendant tries to introduce evidence that he did not cause the plaintiff’s damage or injury. (www.injury.findlaw.com) There are several defences obtainable to negligence claims such as: Violenti non fit injuria: This is a Latin phrase which means â€Å"for a willing person, there is no harm† and used in civil cases as a defence especially when the claimant voluntarily assented to start legal risk of harm at his own peril. In the case of: Smith v Baker (1891) AC 325. The plaintiff was employed by the defendants on a railway construction site and during the course of his work rocks were moved over his head by a crane. It was known to both the plaintiff and his employers that there a risk possibility of a stone falling on him and had earlier complained to his employer about the risk A stone fell and injured him and he sued his employers for negligence. His employer pleaded violenti non fit injuria and declined by the court because although the plaintiff knew about the risk and continued to work but no evidence shown that he voluntarily undertook to run the risk of injury, but his continuance to work did not indicate volens (his consent). Contributory negligence: This defence applies where the damage suffered by was caused partly both by the claimant and the defendant. Here the defendant must prove that the claimant failed to take reasonable care for his own safety and this caused the damage. This was enacted in the Law Reform Contributory Negligence Act 1945 according to Cracknell (2001) that (1) â€Å"Where any person suffers damage as the result is partly of his own fault and partly of the fault of any other person or persons, a claim in respect in respect of the damage shall not be defeated by by reasons of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such exte nt as the court thinks just and equitable having regard to the claimant’s share in the responsibility of the damage† so, if contributory negligence is confirmed the claimant would be awarded the cost proportional to his own fault of the damage. For example if the claimant was entitled to  £20,000.00 (Twenty thousand Pounds and he was responsible for 25 per cent of the damage, the claimant would be awarded  £15,000.00 (Fifteen thousand Pounds only). However, sometimes contributory negligence operates in complete defence as in Common law where the court found the claimant to be partially blame for their injuries they might receive nothing. In the case of Butterfield v Forrester (1809) 11 East 60  the plaintiff was injured when rode his horse erratically and ran into a post obstruction negligently left on the road by the defendant near his house with the intentions of carrying out repairs. A witness confirmed the plaintiff (Butterfield) was riding dangerously and could not avoid the post. The witness further testified that if the plaintiff was not riding dangerously he would have seen the post and the accident would have been avoided. The plaintiff was found guilty of contributory negligence and received nothing. Froom v Butcher (1976) QB 286. The driver of a car did not use the safety belt and was seriously injured in the accident with the defendant’s car as a result of the defendant’s negligence. The injuries sustained by the driver would not have been that serious if he wore the seat belt. His damages were reduced by 20 per cent by the Court of Appeal. This accident resulted in the introduction of not wearing safety belt as a criminal offence. Statutory or Common Law Justification: In certain situation a person may have a worthy defence to a tort action if he has valid evidence that his actions are covered by statutory rule and applicable law or legislation. A good example is the Police and Criminal Evidence Act 1968 distinctly setting out the power of Police to arrest, stop and search and entry. If these powers are used fairly and responsibly, the Act will yield a good defence to a tort action. Self-defence might possibly be a good justification in common law for tortious actions as in the case of R v Gladstone Williams (1984) 78 Cr. App. R. 276. Ex turpli causa non oritur actio (Illegality) : This is coined from Latin to mean â€Å"of an illegal act there can be no lawsuit† (www.legal-glossary.com) In the case of Vellino v Chief Constable of Greater Manchester (2002) 1 WLR 218 Court of Appeal Vellino was a regular offender with history of convictions. He was arrested and as usual tried to jump from the second floor window and got himself injured seriously. The Police were aware of his several attempts in the past and knew this to be dangerous but did nothing to stop him from escaping. In his attempt to escape from the second floor he injured himself and suffered fractured skull resulting in brain damage and quadriplegia also known as tetraplegia, a paralysis caused by the injury he sustained making completely dependent on people for support. Vellino sued the Police and claimed they owe him duty of care to prevent him from injuring himself which the Police denied and in their defence raised ex ‘turpi causa’ that it was a criminal  offence for an arrested person to attempt to escape. The claimant’s appeal was dismissed. Consent: Is a full defence raised in civil cases especially when a defendant is sued for civil litigation for committing an intentional tort. . It is also referred to as assumption of risk and it plays an important role in law. In common law consent is regarded as a necessary ingredient for creating a binding contractual bargain. In addition Consent is very closely linked with â€Å"volenti non fit injuria†. Below are the types of Consent: Express Consent: Is when the defendant agreed to willingly submit to plaintiff’s action. For example, Tom willingly takes part in a tackle football game and Henry tackled Tom, Tom suffers a knee injury. Henry is not liable because Tom obviously consented by agreeing to take part in the game. Implied Consent: is deduced from plaintiff’s conduct. (O’Brien v Cunard S. S. Co., 28 N. E. 266 (1891) Plaintiff was a passenger abroad on one of the Defendant’s ships. She was vaccinated whilst on the ship and suffered complication resulting in injury. She sued for assault and injury. Her case was dismissed on the grounds that she did not object when the defendant’s doctor indicated he wants to vaccinate her. Informed Consent: This is an individual’s agreement to allow something to occur made with full knowledge of the risks involved and other options to his chosen course of action. However, consent by the plaintiff does not authorise the defendant to do whatever he wishes to the plaintiff because of the contact that the defendant made with the plaintiff should not go beyond what the plaintiff consented to. For example, if I visited my Dentist to remove a rotten tooth and in the process he noticed a tumour and removed it without my consent. I could sue my GP for assault and injury because I did not consent to him to remove the tumour I only consented to him to remove my rotten tooth. (1) Consent will be void if it is obtained by trickery or by fraudulent means. Bartell v. State 82 N.W. 142 (Wis. 1900). Case refers. (2) Consent will be void if it is given under duress or threats of physical force. (3) Consent will also be void if it was given as a result of a mistake and the mistake was (a) Caused by the defendant, or (b) The defendant was aware of the mistake and he did not alert the plaintiff. Necessity: It is an affirmative defence that is raised when a tortious act is committed by an individual, for the prevention of greater harm or injury from occurring to the community, defendant or defendant’s property. Regina v Dudley & Stephen (1884) 14 QBD 273 DC. In this case, Dudley and Stephen the defendants and Brooms were ship wrecked with Parker, a fellow young seaman. They have been without food and water for almost three weeks. The defendants killed Parker to provide food for themselves to save them from starvation but Brooms dissented. They were found guilty of murder (www.casebriefs.com) Q. 3.3 Vicarious liability is â€Å"one which on one individual as a result of an action of another†. Rutherford and Bone. (1993). For example, is the liability of an employer for the acts and omission of his employees. It can be regarded as strict liability due to the defendant not being at fault. The most popular vicarious liability is when the employee otherwise the ‘tortfeasor’ commits a tort while in his employer’s employment, the employer is held liable and this due to the doctrine of ‘respondeat superior’ a Latin phrase meaning ‘let the master answer’ . For a court to establish if an employee acted whilst in employment the following must be confirmed if: Did the action happen whilst the employee is at work and during working hours? Did the employer employ the employer when the incident occurred? Was the injury due to the actions of the employee in the role the employed was hired? Example is the case of Mattis v Pollock (t/a Flaming o’s Nightclub) (2003) EWCA Civ 887 The bouncer was employed by Flamingo night club and in the course of performing his duty he got into a fight with one the customers and stabbed the customer. His employer were held liable for the injuries caused to the customer. Other case example is Other was in which a business can be liable in vicarious manner is when the employee acted in an unauthorised ways whilst performing the contractual duties, or when the employee acted against his employer’s instruction, or if the employee commits fraud and  acted against his work boundaries. In all the above, the employer is still liable vicariously. Examples of different cases are enumerated below: In the case of Century Insurance Co. Road Transport Board (1942) AC 509 HL and Limpus v. London General Omnibus Co (1862). The driver o a petrol tanker was in employment whilst transferring petrol into and underground storage tank. He struck a match to light a cigarette resulted in explosion that caused a lot of damage. It was held negligent the driver was negligent in carrying out his duties and his employer was found negligent. Limpus v. London General Omnibus Co. (1862) in this case th e driver was speeding to collect passengers and purposely obstructed the driver of a rival company and overturned the latter’s bus despite that the bus driver had been warned strictly not to cause obstruction. His employer LGOC was found liable Employee committing a fraud whilst in employment is illustrated in the case of Lloyd v Grace, Smith and Co. 1912 in this case the plaintiff wants to sell some cottages and went to the solicitors. The managing clerk of Lloyd conned the plaintiff to transfer the cottages to him and embezzled part of the mortgage money. Lloyd was sued by the employee and they were found liable for the fraud committed by the clerk even though it was only the clerk who benefited from the fraud. Control Test: The control test was the original test that has its origin in master and servant law and it also explore who has dominance over the way work is carried out the work. This test was applied in Mersey dock and Harbour Boards v Coggins and Griffiths Ltd (1946) Mersey Dock was in charge of training and for providing crane operator to organizations. Mersey contracted one of his operators to Stevedore Company and caused injuries through his negligent in operating of the cra ne. Mersey Dock was found liable as it was assumed the crane operator was in their employment as a contractor. Finally, the Employee’s criminal behaviour is one of the positive factors of how a business can be vicariously liable because if whilst in employment commits any criminal action his employer is liable vicariously the case of Heasemans v Clarity Cleaning (1987) Court of Appeal where the defendant employed an office cleaner who in the course of her duty used the plaintiff’s telephone for international calls. The appeal of the contactor was successful as it was held that was not vicariously liable for his employee’s act Health and Safety Act 1974: It is also referred to as HSWA or HASAWA is the main piece  of law or legislation that covers occupational health and safety at work and gives wide-ranging duties on employers to ensure in a reasonable practical manner the health, safety and welfare at work of all employees, likewise it also expect some degree of responsibilities from employees. Source: (http://www.hse.gov.uk/legislation/hswa.htm) The main purpose of this Act is to ensure: The security, of health and safety as well as the welfare of individuals at work To protect individuals against risk to health and or safety in relations to the activities of individuals at work To control and prevent the use of illegally acquired of hazardous dangerous substances. Employers’ responsibilities include: To provide and maintain safety equipment and safe systems at work. To ensure hazardous materials used are properly stored, handled, utilised and transported safely To provide supervision, instruction, information, training at work for employees To ensure the control of certain emission into air To provide a safe working environment To provide a written safety policy/risk assessment for employees Look after the health and safety of others such as the members of public. On the other hand, the employees’ responsibilities include: Taking care of their own health and safety and that of others, failure to do this makes the employees liable Must avoid interfering with things provided by the employer in the interest of health and safety Must cooperate with their employers Source: (http://www.slideshare.net/ManojRNair/work-based-learning-health-and-safety-act-1974) Finally, it is worth mentioning that there are other several relevant legislations amongst which are: Management of Health and Safety at Work Regulations 1999 Fatal Accident Act 1976 Limitation Act 1980 Law Reform (Contributory Negligence) Act 1945 Employers’ Liability (Compulsory Insurance) Act 1969 Employers’ Liability (Defective Equipment) 1969 Civil Procedures Rules (as amended by the Woolf reforms) Sources: (www.leeds.ac.uk) In conclusion the above report has critically and chronically been done and analysed to reflect on all the relevant issues affecting Aspects of Contracts and Negligence. â€Å"Vicarious Liability.† StudyMode.com. 02, 2013. 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