Wednesday, September 2, 2020

Bag of Bones CHAPTER FOUR Free Essays

string(95) I recovered total awareness (if there is such a state), I was nestled into the floor. The telephone was ringing when I strolled in my front entryway. It was Frank inquiring as to whether I’d like to go along with him for Christmas. Go along with them, as matter of truth; the entirety of his siblings and their families were coming. We will compose a custom paper test on Bean pole CHAPTER FOUR or on the other hand any comparative theme just for you Request Now I opened my mouth to state no the exact opposite thing I required was an Irish Christmas with everyone drinking bourbon and waxing nostalgic about Jo while maybe two dozen snotcaked rugrats crept around the floor and heard myself saying I’d come. Plain sounded as shocked as I felt, yet actually enchanted. ‘Fantastic!’ He cried. ‘When would you be able to get here?’ I was in the corridor, my boots trickling on the tile, and from where I standing I could glance through the curve and into the lounge room. There was no Christmas tree; I hadn’t wasted time with one since Jo kicked the bucket. The room looked both frightful and excessively large to me . . . a roller arena outfitted in Early American. ‘I’ve been out running errands,’ I said. ‘How about I toss some in a pack, get once more into the vehicle, and come south while the as yet blowing warm air?’ ‘Tremendous,’ Frank said without a moment’s faltering. ‘We can have us a rational unhitched male night before the Sons and Daughters of East Malden begin showing up. I’m pouring you a beverage when I get off the telephone.’ ‘Then I surmise I better get rolling,’ I said. That was hands down the best occasion since Johanna kicked the bucket. The main great occasion, I presume. For four days I was a privileged Arlen. I drank excessively, toasted Johanna’s memory too often . . . furthermore, knew, some way or another, that she’d be satisfied to realize I was doing it. Two children let out on me, one canine got into bed with me in the night, and Nicky Arlen’s sister-in-law made a blurred go at me on the night after Christmas, when she got only me in the kitchen making a turkey sandwich. I kissed her since she plainly needed to be kissed, and a daring (or maybe ‘mischievous’ is the word I need) hand grabbed me for a second in a spot where nobody other than myself had grabbed in very nearly three and a half years. It was a stun, yet not a totally upsetting one. It went no further in a houseful of Arlens and with Susy Donahue not exactly authoritatively separated at this point (like me, she was a privileged Arlen that Christmas), it barely could have done yet I concluded the time had come to leave . . . except if, that was, I needed to go driving at rapid down a restricted road that most probable finished in a block divider. I left on the twenty-seventh, extremely happy that I had come, and I gave Frank a savage farewell embrace as we remained by my vehicle. For four days I hadn’t contemplated how there was presently just residue in my protected store box at Fidelity Union, and for four evenings I had dozed straight through until eight in the first part of the day, now and then awakening with an acrid stomach and an aftereffect cerebral pain, yet not even once in the center of the night with the idea Manderley, I have imagined again of Manderley experiencing my brain. I returned to Derry feeling revived and reestablished. The principal day of 1998 unfolded clear and cold and still and wonderful. I got up, showered, at that point remained at the room window, drinking espresso. It unexpectedly happened to me with all the straightforward, ground-breaking truth of thoughts like up is up the creek without a paddle and down is under your feet that I could compose now. It was another year, something had changed, and I could compose now on the off chance that I needed to. The stone had moved away. I went into the examination, took a seat at the PC, and turned it on. My heart was pulsating regularly, there was no perspiration on my brow or the rear of my neck, and my hands were warm. I pulled down the principle menu, the one you get when you click on the apple, and there was my Word Six. I tapped on it. The pen-and-material logo came up, and when it did I unexpectedly couldn’t relax. Maybe iron groups had cinched around my chest. I pushed once more from the work area, choking and ripping at the round neck of the sweatshirt I was wearing. The wheels of my office seat got on little floor covering one of Jo’s finds in the most recent year of her life and I spilled right in reverse. My head slammed the floor and I saw a wellspring of brilliant flashes go zooming over my field of vision. I guess I was fortunate to pass out, however I think my genuine karma on New Year’s Morning of 1998 was that I tipped over the manner in which I did. On the off chance that Iâ⠂¬â„¢d just pushed once again from the work area with the goal that I was all the while taking a gander at the logo and at the ugly clear screen tailed it I figure I may have gagged to death. ‘When I stumbled to my feet, I was in any event ready to relax. My throat the size of a straw, and each breathe in made an unusual shouting sound, yet I was relaxing. I reeled into the washroom and hurled in the bowl with such power that regurgitation sprinkled the mirror. I turned gray out and my knees clasped. This time it was my temple I struck, clunking it against the lip of the bowl, and in spite of the fact that the rear of my head didn’t seep there was an entirely good irregularity there by early afternoon, however), my brow did, a bit. This last knock likewise left a purple imprint, which I obviously lied about, telling people who asked that I’d run into the washroom entryway in the night, senseless me, that’ll show a fella to get up at two A.M. without turning on a light. ,’When I recovered total cognizance (if there is such a state), I was nestled into the floor. You read Bean pole CHAPTER FOUR in classification Article models I got up, purified the cut on my brow, and sat on the lip of the tub with my head brought down to my knees until I felt sure enough to hold up. I stayed there for fifteen minutes, I surmise, and in that space of time I concluded that notwithstanding some supernatural occurrence, my profession was finished. Harold would shout in torment and Debra would groan in dismay, yet what might they be able to do? Convey the Publication Police? me with the Book-of-the-Month-Club Gestapo? Regardless of whether they could, why might it matter? You couldn’t get sap out of a block or blood out of a stone. Excepting some inexplicable recuperation, my life as an essayist was finished. Also, in the event that it is? I asked myself. What’s on for the back forty, Mike? You can play a great deal of Scrabble in forty years, go on a ton of Crossword Cruises, drink a ton of bourbon. In any case, is that enough? What else would you say you are going to returned on your forty? I didn’t need to consider that, not at that point. The following forty years could deal with themselves; I would be upbeat just to get past New Year’s Day of 1998. At the point when I believed I had myself calmed down, I returned into my examination, rearranged to the PC with my eyes steadfastly on my feet, looked about for the correct catch, and killed the machine. You can harm the program closing down like that without taking care of it, yet considering the present situation, I scarcely thought it made a difference. That night I by and by imagined I was strolling at sundown on Lane Forty-two, which prompts Sara Laughs; again I wished on the night star as the nut cases cried on the lake, and again I detected something in the forested areas behind me, edging nearer and nearer. It appeared my Christmas occasion was finished. That was a hard, chilly winter, loads of day off in February an influenza pandemic that accomplished for a horrendous part of Derry’s old people. It took them the manner in which a hard wind will take old trees after an ice storm. It missed me totally. I hadn’t to such an extent as an instance of the wheezes that winter. In March, I traveled to Providence and partook in Will Weng’s New England Crossword Challenge. I set fourth and won fifty bucks. I surrounded the uncashed check and balanced it in the front room. Quite a long time ago, the vast majority of my surrounded Certificates of Triumph (Jo’s express; all the great expressions are Jo’s phrases, it appears to me) went up on my office dividers, yet by March of 1998, I wasn’t going in there definitely. At the point when I needed to play Scrabble against the PC or do a competition level crossword puzzle, I utilized the Powerbook and sat at the kitchen table. I stayed there one day, opening the Powerbook’s fundamental menu, going down to the crossword puzzles, at that point dropping the cursor a few things further, until it had featured my old buddy, Word Six. What cleared over me then wasn’t disappointment or inept, recoiled fierceness (I’d encountered a great deal of both since completing All the Way from the Top), yet pity and straightforward yearning. Taking a gander at the Word Six symbol was unexpectedly similar to taking a gander at the photos of Jo I kept in my wallet. Considering those, I’d here and there imagine that I would sell my godlike soul all together have her back again . . . furthermore, on that day in March, I figured I would offer my spirit to have the option to compose a story once more. Go on and attempt it, at that point, a voice murmured. Possibly things have changed. Then again, actually nothing had changed, and I knew it. So as opposed to opening Word Six, I moved it across to the refuse barrel in the lower righthand corner of the screen, and dropped it in. Farewell, old buddy. Weinstock considered a ton that winter, for the most part with uplifting news. From the get-go in March she revealed that Helen’s Promise had been picked as one portion of the Literary Guild’s principle determination for August, the other a large portion of a lawful spine chiller by Steve Martini, another veteran of the eight-to-fifteen section of the Times smash hit list. What's more, my British distributer, Debra, adored Helen, was certain it would be my ‘breakthrough book.’ (My British deals had consistently slacked.) ‘Promise is kind of another heading for you,’ Debra said. ‘Wouldn’t you say?’ ‘I sort of thought it was,’ I admitted, and considered how Debbie react on the off chance that I disclosed to her m

Saturday, August 22, 2020

Marketing Planning and Promotion Essay Example | Topics and Well Written Essays - 2250 words

Advertising Planning and Promotion - Essay Example Center gives organizations the primary and remarkable selling recommendation that empowers advertising wanting to focus on the planned crowd. As indicated by Barney Jopson, downturn influences for the most part the center level organizations. Accordingly, this paper will look to analyze fundamentally the present estimation of center market mark and give painstakingly contended proposals about how to improve their possibilities (Jopson, 2011). During the money related emergency individuals in the west made changes in their shopping framework. Some of them trusted it was a crisis reaction to the predominant hard monetary occasions though others responded because of foreseen dread of it. Money related organizations have had the option to ricochet once more from troublesome financial occasions in any case; people’s propensities for shopping have not yet given indications of complete opposite to the past ways. Accordingly, Jopson, in his article accepts that this pattern is causing the center market style a serious deal of trouble to deal with. Following the money related tough situations, the majority of the American and European customers began coordinating a large portion of their use at the contrary side of the retail scale. This happened on the grounds that, customers needed to rummage at the most reduced costs which were accessible on the opposite finish of retailers. This implied they had the option to spare satisfactorily so as to go on with sprinkling out on the odd luxuriousness (Jopson, 2011). With this regard, Barney broke down the present estimation of the center market brand as experiencing hard money related occasions since, as explained in this section; customers are spending much on lower retail range in this manner denying the center brands of their piece of the pie. Having lost market to the lower retail range, center market brands keep on recording figures of shrinking deals because of the rough form of money related challenges. All things considered, center market brands have delineated one fine differentiation in the previous three years that this classification has become inquisitively convincing zone for ultra-hip fashioners. They have had the option to dispatch what they especially call dissemination lines by shedding biases just as restraints. Thus, they have made center market marks increasingly reasonable, immediately available and wear items through their purported dispersion. Concerning Barney’s writing, the leader of Loeb Associates and a veteran retail advisor Walter Loeb puts over that center market brands are doing crossing over lines in light of the way that their forthcoming customer base is in a sparing mood and climbing costs is outlandish. The logical sense got from this center market practice is that these organizations need to improve the basic arrangement of speaking with their clients. By so doing they remain to hazard big time since they may wind up weakening their center image and cust omers may wind up seeing them as dumping down. Regardless, for the center business savvy people, this move is completely implicit since it is an elective method of removing new income deluge out of the effectively settled speculation brand. By taking part in crossing over lines, center market brands are receiving rewards structure the ventures made while building up and broadcasting the peculiarity and interest of this center brand. As a hypothetical and handy technique for improving client relations, center market brands are utilizing powerful communicating channels that are debuting fascination and claim for this new center brand (Jopson, 2011).

Friday, August 21, 2020

Informatics and Electronic Health Record

Question: Talk about the Informatics and Electronic Health Record. Answer: Presentation: The Wellbeing Record has been set for the made sure about online structures. This has been set for taking care of the distinctive coordination forms for the nearby clinical frameworks. The arrangement depends on the improvement in the nature of the patient consideration just as lessening the issues that have been from the absence of the data which is shared mostly among the various patients. It likewise lessens the pace of the emergency clinic affirmations where the issues are recommended through the medicine procedure. (Petrides et al., 2017). There have been changes for the driving of efficiencies into the wellbeing region framework just as chipping away at improving the quality for caring the patients. It will diminish the issues which are identified with the absence of the data with sharing data about the patients. The changes are identified with tending to the heightened costs for the medicinal services which becomes insecure when there is an exchange from the medium to the long haul. (Cassell, 2016). The people will in general assume responsibility for the My Health Record which is gotten to basically through the specialists, medical clinics and the other medicinal services. There is an issue of the system availability, openness, issues with the specialized or the product issues. It incorporates the other security issues also. The issue is identified with the game plan of the online workshops which is essentially for the recently enrolled patients. With the Wellbeing Record, there is a likelihood to take a shot at the data in various stages which is important for the system accessible. The working is likewise founded on taking care of the last levels. The accessible system and the working gadgets are for the PC, versatile, and so on., which once downloaded incorporates the portable applications to make the records which incorporate the subtleties also. (Mill operator et al., 2016). The data can undoubtedly be gotten to for the most part through the wellbeing records. The client condition has been essentially to develop the client relationship the board which will likewise help in improving the advancement with the beginning of the venture improvement and the executives. (Nelson et al., 2017). There is a likelihood to pick the various dialects where the clients can likewise utilize their profile for the cre ation and update it through the use of the username and the secret word. The course of action of the online workshops is mostly for the patients just as to deal with the entrance which originates from the distinctive division principles. The criticism, just as different choices for the proposal, helps in permitting the client with survey the booking arrangements that are accessible for the specific dates, specialists or the rooms. (Hoover, 2017). The habitually posed inquiries and the portable installment choices additionally permit the client to see legitimate the booking and the arrangement that have been set with the specialists for the specific date. Through this application, it is anything but difficult to access to the distinctive structuring choices which could be chiefly through the web by utilizing a specific gadget. The product could likewise utilize the cost sparing choices, time and the great execution legitimacy approach. The simplicity of work and the recuperation activities are set for the most part to deal with the availability choices. Th e ability is for the patient to travel and mind the application with the insights concerning the important time and cash. It will likewise help in focusing for a superior way of life without speaking with the specialists or sitting around idly in heading out to the city. The security and the speed of stacking are significant, thus the wellbeing records are given it to the clients. The best advantage is the track of the clinical report to beware of how the progressions are affecting your body and what the best advances that can be taken are. (Chan et al., 2016). The valuable alternatives for the contact just as the quest choices are likewise vital for better help and the updates. End Henceforth, the Wellbeing Record application is profitable as it will have the option to assist the individuals with taking out time and keep an eye on their wellbeing records by surfing on their cell phones. Alongside this, there is no misuse of the time, and one can likewise have the option to decrease their torment by the 24*7 assistance gave by the specialists on the web. (Azad et al., 2016). The advantages of the wellbeing record book will assist the patients with being ordinary in their eating regimen just as it will prompt lesser possibilities for the passing in the nation. Reference Azad, T. D., Kalani, M., Wolf, T., Kearney, A., Lee, Y., Flannery, L., ... Shuer, L. (2016). Building an electronic wellbeing record coordinated personal satisfaction results library for spine surgery.Journal of Neurosurgery: Spine,24(1), 176-185. Cassell, A. (2016). The Role of Informatics and Electronic Health Record in Current Medical Practice: What Are the Benefits of Medical Informatics to the Clinician?. InResidents Handbook of Medical Quality and Safety(pp. 29-32). Springer International Publishing. Chan, J. K., Farrer, L. M., Gulliver, A., Bennett, K., Griffiths, K. M. (2016). College understudies sees on the apparent advantages and disadvantages of looking for help for psychological well-being issues on the Internet: a subjective study.JMIR Human Factors,3(1). Hoover, R. (2017). Advantages of utilizing an electronic wellbeing record.Nursing2017 Critical Care,12(1), 9-10. Mill operator Jr, D. P., Latulipe, C., Melius, K. A., Quandt, S. An., Arcury, T. A. (2016). Essential Care Providers Views of Patient Portals: Interview Study of Perceived Benefits and Consequences.Journal of clinical Internet research,18(1). Nelson, R., Staggers, N. (2017).Health informatics: An interprofessional approach. Elsevier Health Sciences. Petrides, A. K., Bixho, I., Goonan, E. M., Bates, D. W., Shaykevich, S., Lipsitz, S. R., ... Melanson, S. E. (2017). The Benefits and Challenges of an Interfaced Electronic Health Record and Laboratory Information System: Effects on Laboratory Processes.Archives of Pathology Laboratory Medicine,141(3), 410-417.

Tuesday, June 2, 2020

Agape, Philia, and Eros Greek Love in The Fault In Our Stars - Literature Essay Samples

The English language is slightly limited when it comes to â€Å"love†. Love is the only word that the language offers to describe, well, love. Despite people loving certain people (or things) in different waysthe love a best friend receives is different from the love spouse receives—â€Å"love† covers it all. However, the Greek language provides more than just one word when it comes to love. There are many kinds of love displayed in John Green’s The Fault In Our Stars. The three that are the most apparent are those of agape, philia, and eros. Hazel Grace Lancaster, a sixteen-year-old living with cancer, receives agape, witnesses philia, and experiences eros. Agape is a love that gives and gives and gives without expecting (or even wanting) anything. Hazel receives agape from her parents, in particular from her mother. Mrs. Lancaster literally makes herself available every second of the day for her daughter who, in reality, is dying. Mrs. Lancaster feels guilty whenever she is not doing anything for the direct betterment of Hazel. Toward the end of the book, she reveals that she has been going to school in order to become a social worker. This is to prepare for when she can work again when Hazel no longer needs care. She kept the information from Hazel because she felt like Hazel would feel tossed aside. She did not want Hazel to feel like she had given up on her. Additionally, Mrs. Lancaster displays agape is when Hazel’s favorite author, Peter Van Houten, invites her to visit him if she ever finds herself in Amsterdam. Hazel is obsessed with finding out the answers to unanswered questions in his book, An Imperial Affliction, which he refuses to disclose over email. Upon receiving an email from him, she yells for her mother. Mrs. Lancaster bursts into her room seconds later, clutching a towel around herself, suds dripping from her hair. She had been taking a shower, but wanted to make sure Hazel was okay. Hazel explains her predicament and asks if they can go to Amsterdam. Mrs. Lancaster comments on the lack of finances. At that moment, Hazel is struck by how she is the reason that he parents do not have a lot of money. Also at that instant, Mrs. Lancaster is filled with a desire to make it happen for Hazel, and expresses it to her daughter, saying she’ll talk to Mr. Lancaster. Hazel, however, shoots the idea down, aware of how much her parents have already done for her. This is an important scene because it really portrays Mrs. Lancaster’s agape for her daughter. With their saving essentially drained, things are tight and the medical bills just keep coming. However, she intuits that this might really be what’s best for Hazel, who may not live much longer. When she realizes this, she can see no reason not to make it happen. She does not care about finances the trip will cost or time it will take. She continually pours herself out for Hazel, giving her everything that she possibly can. Mrs. Lancaster does this even when it will deprive herself of things. Another kind of love is that of philia. Philia is often something that is shared between friends. It involves putting up with and appreciating the good parts of each other. In meeting Augustus Waters, Hazel also gets to know Isaac, the best friend of Augustus. The boys are there for each other no matter what, through thick and thin. Augustus means the world to Isaac. Similarly, Augustus will go to any lengths to be there for Isaac, such as shown when Isaac’s girlfriend, Monica, breaks up with him. The night that Isaac and Monica break up, Augustus does what he can to help his friend. In addition to being dumped, Isaac is also facing the prospect of a surgery to remove cancer. Unfortunately, the chances that this surgery will leave him blind are quite high. Augustus plays video games with him and ends up inviting Hazel over to help. When Isaac keeps trying to ventilate his anger on a seemingly indestructible pillow, Augustus allows him to destroy his basketball trophies. Thus, the night is christened â€Å"The Night Of The Broken Trophies†. The evening bears witness to the fact that Augustus will go to any lengths to cure Isaac of his sadness. Additionally, Augustus displays philia after Isaac goes blind. When Monica does not even visit or call to see how he is doing, Isaac gets increasingly frustrated. Augustus, along with Hazel, takes Isaac to Monica’s house. Augustus and Hazel proceed to help Isaac egg the house, not stopping even when Monica’s mother comes out. Isaac shows his philia for Augustus when he gives a fake-eulogy before Augustus dies. In the eulogy, he gives testimony to how much Augustus means to him. He speaks of how, if he is ever given the ability to see the world again, he would not want to see it without his best friend. The most â€Å"romantic† kind of love is eros. This is a sensual, passionate love, shared between lovers. Augustus and Hazel experience this love. They are deeply attracted to and desire to be loved by each other. Hazel is originally afraid of this love, because she does not want to love Augustus only to hurt him by dying, as a former girlfriend had. However, she eventually gives in both to him and to her desires. Augustus spends his â€Å"Wish† on Hazel, taking her to Amsterdam to meet Peter Van Houten. When Peter Van Houten fails to answer their questions satisfactorily, Hazel is extremely upset but Augustus comforts her. Later, during their trip, they let go of self-control and consummate their relationship, which is perhaps the ultimate example of eros, the  most  physical kind of love. The Fault In Our Stars  carries emotional weight, because it is pulsing  with different  types of love, the loves of agape, philia, and eros. Hazel’s altruistic mother  exhibits agape in the way she cares for her daughter without wanting or expecting anything in return. Best friends Augustus and Isaac show each other great philia in the way they strive to make each other feel better. Lastly, the eros that Augustus and Hazel share by their affection and selflessness for each other is incredibly deep.  Rather than a narrative about death or about love, The Fault in Our Stars is primarily about love.

Wednesday, May 6, 2020

Fahrenheit 451 By George Orwell - 962 Words

Both George Orwell s novel 1984 and Eric Blair’s novel Fahrenheit 451 depict a dystopian society. This was a popular theme of the era since it was a time where the world was at war with a society that wanted complete control of the planet. That society being the totalitarian state of Nazi Germany, Italy and Japan. The settings that occur in both books depict that of what people could have experienced in the time period these books were published, something that readers for decades could relate to and learn a lesson from. Fahrenheit 451 is set in a futuristic century, where the protagonist Montag takes pride in his job as a book burner. The government orders all books are banned therefore they must be burned in prevention of use. Montag meets a young girl named Clarisse, and it opens his eyes to a perspective he had never seen before. One day, Montag returns home to his wife passed out due to a drug overdose, and he calls for a team of medics that come in and clean out her syst em with their advanced medical technologies. Montag’s boss criticizes Montag for his flirtation with rebellion of the rules and explains the reason behind their profession. Montag begins to have a â€Å"burning† interest in books and often reads from his secret stash of books he has hidden away. Montag decides the book most intriguing to him is the Bible, he sets it to the side to find a teacher, Faber, to help him read and memorize the indepth meaning of the text. As the story continues, Montag’s stash isShow MoreRelatedFahrenheit 451 By George Orwell1931 Words   |  8 Pagescertain freedoms were implemented into these novels which generated connections between these stories. In his novel, Fahrenheit 451, Ray Bradbury describes a distant world in which the idea of censorship was exaggerated to such an extent that it was illegal for any literature to exist, and if found books are burned by the firemen. Similar to Bradbury’s society, 1984 by George Orwel l includes a corrupt government where members of the Party are under surveillance at all hours of the day, and the worstRead MoreGeorge Orwell And Fahrenheit 451 By Ray Bradbury1354 Words   |  6 Pagesalike in the ways everyone would think: but when you dig deeper you can see just how different they may be. Both Katharine and Mildred, two character from 1984 by George Orwell and Fahrenheit 451 by Ray Bradbury, are ignorant women married to the main characters of the novels: Winston Smith, from 1984, and Guy Montag, from Fahrenheit 451. The women seem almost identical in going through their bland lives everyday talking to the relatives and listening to the telescreen, but in some ways they are polarRead MoreRay Bradbury s Fahrenheit 451 And George Orwell1669 Words   |  7 PagesAs said by George Orwell, â€Å"It is not possible for any thinking person to live in such a society as our own without wanting to change it,† (Orwell). This idea, under the category of knowledge, is reflected through two novels—Ray Bradbury’s Fahrenheit 451 and George Orwell’s 1984—as people who spend time thinking are caught rebelling against the government’s power and face severe consequences. The protagonists, Montag and Winston, are both desperately searching for answers that pique their curiosityRead MoreGeorge Orwell s Fahrenheit 451 1092 Words   |  5 Pagesdystopian texts; 1984 and Fahrenheit 451. Orwell’s 1984 was committed to paper under the backdrop of the Stalinist totalitarian regime in the Soviet Union, where the freedom of thought had been abolished; which parallels the fascist sovereignty of 1984, governed under the omnipresent puppeteer, Big Brother. Intended to be a warning to humanity concerning the â€Å"poisons of totalitarianism† (Orwell) which denies individuals of basic rights. Similarly, Ray Bradbury’s Fahrenheit 451 was scribed during theRead MoreOppression By George Orwell And Fahrenheit 4512355 Words   |  10 Pagesachieved in 1984 and Fahrenheit 451 ‘If you want a vision of the future, imagine a boot stamping on a human face – forever’ O’Brien explains to Winston whilst torturing him near the end of Nineteen Eighty-Four. It is this sense of oppression which Orwell and Bradbury both portray in their novels. Oppression can be defined as the, ‘cruel or unjust use of power or authority’. In Nineteen Eighty-Four there is quite a clear sense of cruelness and totalitarianism, whereas in Fahrenheit 451 there is a lessRead MoreAnalysis Of Fahrenheit 451 By Ray Bradbury And 1984 By George Orwell1784 Words   |  8 PagesMENTALITY OF CONFORMITY The societies in Fahrenheit 451 by Ray Bradbury and 1984 by George Orwell clearly show the serious effects of conformity. Despite the lack of freedom to think independently, both societies maintain their general happiness. Conformity is the most common and most persuasive form of social influence. The matching of attitudes, beliefs, and behaviors are signs of conformity. It has become an unconscious, natural part of everyday life; however, it has been occurring for centuriesRead MoreGeorge Orwell s 1984 And Ray Bradbury s Fahrenheit 4511967 Words   |  8 Pages In a totalitarian government, the citizens have no say in how a country is controlled. There will be a few individuals who feel barricaded and want to liberate themselves from the oppressive government. In George Orwell’s 1984 and Ray Bradbury’s Fahrenheit 451 both main characters, Winston Smith and Guy Montag, want control over their lives but it is destroyed by the oppression of individual thinking under a totalitarian government. Two factors that help create control in their life are the relationshipsRead More1984 And Fahrenheit 4511505 Words   |  7 PagesIn the texts, 1984, by George Orwell, and Fahrenheit 451, by Ray Bradbury, the concepts of totalitarianism and censorship are addressed in various ways. Both texts are of dystopian fiction, set in post-nuclear war nations, although they are somewhat of a different nature. The concepts of totalitarianism and censorship are explored throughout the texts by addressing the issue of ‘knowledge is power’, the use and abuse of technology and the desensitising of society. Although these are mentioned inRead MoreThe Loss of Personal Freedoms in a Totalitarian Government Essays1810 Words   |  8 Pagesto choose their occupation. In fact, these citizens have no rights. They cannot speak freely, they do not enjoy any personal freedoms or privacy, and the media is aggressively censored. This is the world of George Orwell’s 1984 and Ray Bradbury’s Fahrenheit 451. The protagonist of Fahrenheit 451 is Guy Montag, and he is a fireman. His job is to destroy books completely by setting fire to them. Winston Smith is the main character in 1984, where he works as a civil servant in the lower class ruling partyRead MoreFahrenheit 451 Vs. 1984970 Words   |  4 PagesFahrenheit 451 vs. 1984 Ray Bradbury and George Orwell share a very similar theme in their two novels, Fahrenheit 451 and 1984. Winston Smith and Guy Montag work within an authoritarian organization, in which, they have opposing views of the authority. The novels are placed in a dystopian setting that the authority believes is a utopia. The dystopian fictions both have very similar predictions of the future. The predictions from these novels have not happened. However, it could be a short matter

Tuesday, May 5, 2020

Offer and Acceptance in Modern Contract Law

Question: Discuss about the Offer and Acceptance in Modern Contract Law. Answer: Introduction: This kind of mistake in a contract occurs when there is a mistake on the part of one party in relation to the terms of the offer or contract. This is the most common kind of mistake faced by parties with respect to a contract. While determining unilateral mistakes the distinction between business error and mechanical calculations has to be considered. In case there is a mechanical calculation error the part to the contact may rescind it but only in the case if the other party knowing the existence of such mistake tries to snatch up the offer and take advantage of the mistake. This may involve a bargain which a party had no intention to make and was suffering through an arithmetical error. The court in this case may hold the contract valid if the mistake appears reasonable to the other party and he did not make an attempt to take advantage of it or snatch the offer. The concept of unilateral mistake was provided in the case of Lewis v Averay, [1972] 1 QB 198. In order to create a legally binding agreement between the parties there must be an offer followed by an acceptance and these must be supported by consideration and intention. In the case of Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd(1988) 14 NSWLR 52 the court ruled that an offer is a statements made by an offeror whit the intention of legally binding the person to whom such offer is made to the terms of the offer. The offer has to be complete and must have an intention to bind the other party to it. An acceptance has to be a mirror image of the offer, it cannot be a partial acceptance. The offeree must agree to all terms of the offer without making any additional terms to it in order to constitute a valid acceptance. In the case of Tonitto v Bassal(1992) 28 NSWLR 564 it was ruled by the court that an acceptance has to be corresponding to the terms of the offer. In the case of Australian Woollen Mills Pty Ltd v The Commonwealth[1954] HCA 20 the court ruled that the agreement in order to be legally binding has to be supported with a lawful consideration. Consideration necessarily not has to be adequate but it must be reasonable. In the case of Helmos Enterprises Pty Ltd v Jaylor Pty Ltd[2005] NSWCA 235 the court ruled that parties to the contract must have an intention to bind each other to the contractual terms and must agree to the same thing in the same sense. In this case if the rules of unilateral mistake are applied to the first condition it can be held that the contract between the local game store and Saber does not exist or is void. This can be asserted because it was evident in this case that the the $6.99 printed on the price tag of the game was a mere arithmetical mistake on the part of the game store. In addition Saber had the knowledge that such game was available in the market at a retail price of $69.9 in the market. Saber knowing such fact tried to take advantage of the mistake by the local game store by trying to snatch up the offer and therefore with the application of the rules relating to unilateral mistake in contract it can be determined that the contract between them was void. In the second case, there was a valid offer made by Saber with the intention of binding the local game store to a contract in which he offered to pay a price of $53 to the game store. The attendant of the game store had agreed to such offer without any additional terms and conditions and therefore it accounted to a valid acceptance. In this case there was a reasonable consideration which was the game of Saber and $53 for the local game store. Therefore in the second case it can be determined that there was a valid contract between Saber and the Game store and Therefore Saber was entitled to get the game at a price of $53. In this case it can be held that there was no valid contract in the first case as the arithmetical error with respect to the price tag accounted to unilateral mistake. In the second case there was a valid offer acceptance , consideration along with the element of intention which led to the formation of a contract. The issue in this case is to determine that whether Saber can claim compensation against loss suffered by him with respect to his care due to the actions of the parking lot in the first part and due to his own negligence in the second part. A party to the contract can keep an exclusion clause in a contract which would dispose of any liability which the party would be entitled to bear on the happening of an event. However such clauses cannot be incorporated into a contract to dispose of a legal obligation which is owned by the party towards the other party to the contra. In the case of Curtis v Chemical Cleaning Co [1951] 1 KB 805 the question before the court was to determine that whether the exclusion clause added by the defendant was valid or not. In this case the plaintiff had given her dress for cleaning to a laundry; the invoice stated that the laundry was not liable to any loss whatsoever caused to the dress. In this case the court ruled that such exclusion clause is not valid as the party cannot dispose of its legal obligation through a exclusion clause and subsequently held the claim of the plaintiff valid. In the case of Parker v South Eastern Railway (1877) 2 CPD 416, the court ruled that the person is not liable to the exclusion clause which is printed on the back of the thicket if he is not aware of the existence of such a clause and no measures have been taken by the defendant to ensure that the person is made aware of such exclusions clause. In the case of The Moorcock(1889) 14 PD 64 the court provided the requirements of implied terms in a contract. In this case the court provided the business efficiency test and ruled that implied terms are only deemed to be incorporated into a contract when they are necessary and obvious. In the case of Daniel v Anderson (1995) 16 ACSR 607, the court held that even if there was a fault on the part of the defendant which lead to the cause of injury to the plaintiff, the plaintiff could have avoided such loss or injury if he was not negligent himself. Saber had parked his car in the parceling lot and received a ticket which indicated the allocation of parking space along with the time and date such parking was to expire. There was no expressed provision on the front of the ticket which would suggest that the parking lot had intended Saber to view the terms and condition which were printed on the back of the ticket. Although a person signing a contract is liable to be bound to its terms and conditions in this case applying the provisions of the case Parker v South Eastern Railway (1877) 2 CPD 416 it can be determined that Saber is not libel to the exclusion clause as he was not instructed to read it. Moreover the law prohibits a party to add any exclusion clause into a contract which would dispose of a legal liability of the party towards the other party of the contract. In this case it is evident that the parking lot has a duty of care towards saber with respect to the car parked by him. This duty of care arises from the implied terms of the contract which exists between them as it is necessary and obvious for the parking lot to take care of the cars parked in it. This can be asserted by applying the principles of the case of The Moorcock(1889) 14 PD 64. The duty of care in this case had been breached by the parking lot as they have failed to take reasonable care towards the car and it has subsequently caused damage to the car. They are liable to the damage caused to the car and saber would have a successful claim against them. However the action of Saber in this case accounted to contributory negligence as he left the keys of the car inside which resulted in the theft of the car. Therefore in this case the parking lot cannot be held liable towards the theft of the car occurring from the negligence of Saber. In the second case, if saber would not have left the keys of the car inside than it would not have resulted in any contribution towards the theft of the car. Therefore the parking lot would have been liable to compensate him for the car theft as it is their duty to protect the care while it is parked within their premises. In the first case the parking lot is only liable for the damages caused to the care and nit the theft as sober himself contributed towards it. In the second case the parking lot would be liable for both the damages and the theft as they had a duty of care towards the protection of the car. Tort of negligence is caused when a person directly or indirectly is harmed because of a negligent act or omission by another. The concept related to the tort of negligence was first provided by the case of Donoghue v. Stevenso. The concept provided by this case was used first in Australia by the case of Grant v Australian Knitting Mills LTD' [1936] AC 85. The court in this case provides four essentials which have to be considered in order to constitute the tort of negligence[18]. The elements provided by the court are a duty of care, breach with respect to such duty of care, causation of the damage and remoteness of the damage caused. In the case of Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40 (1 May 1980) the court ruled that a person must have a duty of care toward the other person who has been harmed and the duty of care which the person owed to another has to be breached through a negligent act or omission. The negligent act or omission has to be the cause of the damage suffered by the person this concept was provided in the case of Tubemakers of Australia Ltd v Fernandez (1976) 10 ALR 303. This essential of causation is assessed by the application of the but for test as used in the case of Adeels Palace Pty Ltd v Bou Najem[2009] HCA 48. In order to analyze that the actual cause of injury was the negligence by the defendant or not it has to be checked that the damage would have been caused or not if there was no negligence on the part of the plaintiff. The concept of remoteness was discussed broadly in Australia in the case of Jaensch v. Coffey(1984) 155 CLR 578. The court in this case upheld the claim of a plaintiff who suffered mental injury resulting from the aftershock of an accident even when she was not present at the spot. In the case of Astley v Austrust Ltd the court ruled that if a person does a negligent act which aided the harm caused to him due to the negligent act or omission by another person it would account to contributory negligence. If the concept of contributory negligence is present in the case they court decides the damagers to be pained taking into account the degree of contribution towards the accident made by the plaintiff himself. In this part of the paper the rules relating to negligence and contributory negligence are applied to the facts of the given case to come to a conclusion. The most relevant fact to be considered in this case is that although Saber was in a hurry he drove within the specified speed limits en route to the hospital. Saber was struck by a car while he was taking a left turn. In order to constitute the tort of negligence it has to be proved that the driver had a duty of care towards Saber which in this case is evident as a driven owns a duty of care towards the pedestrians and other cars. The driver had breach the duty of care by causing an accident to Saber. It can be analyzed in this case by the application of the but for test that if the negligent act on the part of the driver was not present the accident would not have caused and Saber would not have faced the injuries due to which he missed his trip to the harbor. Although in this case it can be noted that Saber would have been liable for contributory negligence as he failed to signal when he was turning left. It was quite evident by the police reports that although he had failed to provide the signal to the other driver the accident was not his fault. Therefore the concept of contributory negligence would not affect the outcome of his case. Through the concept of remoteness it can be analyzed that it would not be difficult for a reasonable man to foresee that the harm caused due to the drivers negligence might result in the loss faced by Saber with respect to this visit to the Sydney harbor due the harm caused to him by the accident. Thus, it can be concluded in this part of the paper that although Saber had failed to signal the accident was not his fault and the other driver is liable to compensate him with respect to both his physical injuries as well as his missed trip. I have done extensive research for the purpose of finding correct answers along with evidence for the answers provided by me. While doing this research I came across many cases with respect to negligence, types of mistake in contracts, formation of contract and exclusion clauses with respect to a liability. I had the theoretical knowledge about the existing laws but through this assignment i got to know that I did not have practical knowledge about how laws are applied and interpreted by the courts in different situations. Through this assignment I gained experience in understand that how to use legal online databases to get precedent about the case I am suppose to address. In this part of the assignment I would like to share the knowledge I have gained through this research with respect to various aspects of laws. In case of contract formation I got to know what the rights and liabilities are of a contractual party who wishes to incorporate a exclusion clause into a contract. While doing this research I came across the case of L'Estrange v Graucob [1934] 2 KB 394 which made me aware that a party is liable to the terms and conditions of a contract if they have signed it without reading it. The court in this case had provided an extra condition which stated that such terms and condition should not have the element of fraud and misrepresentation in order to be binding on the party. I also came across the case of Rutter v. Palmer where the court ruled that a person cannot dispose of his legal liability with respect the actions of his employees if adequate words in relation to such disposal have not been provided. This rule according to me is not just on the other party who will be deemed to make an acceptance. I would recommend that the party including such terms in a contract must ensure that such terms are legible and visible to the other party I order for them to be enforceable. I also came across the rule of contra proferentem in the case of Darlington Futures Ltd v Delco Australia Pty Ltd [1986] HCA 82; (1986) 161 CLR 500[20]. According to this rule if a vague or ambiguous clause is present in a contract than the clause must be interpreted agent the party who opted for the inclusion of such a clause into the contract. This rule acts a guide for courts towards the interpretation of the terms relating to a contract. According to me this rule could be unfair in case the party opting for the inclusion of such terms do not known this rule and subsequently suffer unwanted loss. Through the case of Gordon v Macgregor (1909) 8 CLR 316[21] I also came across the Parole evidence rule according to which when a oral contract is converted into a written contract the terms of the oral contract which are not included in the written contract are deemed to be discarded by the court. When I was searching for negligence related cases in Australia I came across a lot of medical negligent cases which though not relevant towards my topic provided me handy knowledge about the issue within the country. I also came across the various rules which have to be applied in order to determine the existence of a tort of negligence[22]. These test included the Caparo test to determine personal injury, Alcock test to determine any mental injury, the but for test to determine causation and how to determine remoteness with respect to the harm caused by a negligent act. My knowledge about the formation of contract also increased through this research as I came to know various methods of determining the intention of a person towards the contract. I also came to know that objective intention is not necessary to determine the intention of an offeror. Intention of an offerer is determined by checking that whether a reasonable person would be induced into a contract based on the expression of the offeror. Overall, this assignment helped me to gain adequate knowledge about how to use online rescores and legal data bases to solve the cases provided to me. I also came to know how to use legal databases like Austlii to find cases relevant to my problems. References Bayern, Shawn. "Offer and Acceptance in Modern Contract Law."California Law Review103 (2016). Bayern, Shawn. "Offer and Acceptance in Modern Contract Law: A Needles Concept."Cal. L. Rev.103 (2015): 67. Cusimano, Gregory S., and Michael L. Roberts. "Contributory Negligence and Assumption of Risk."Alabama Tort Law1 (2015). Davenport, S Parker, D (2015). Business and Law in Australia (2nd ed). Pyrmont, NSW, Australia: Thomson Reuters(Professional) Aust Ltd. ISBN Gifford, Donald G., and Christopher J. Robinette. "Apportioning liability in Maryland tort cases: Time to end contributory negligence and joint and several liability."Maryland Law Review73 (2014): 2013-61. Gray, Anthony. "Good faith in Australian contract law after Barker."Australian Business Law Review43.5 (2015): 358-378. Hillman, Robert.Principles of Contract Law, 3d (Concise Hornbook Series). West Academic, 2013. Homer, Paul. "Indivisible Injury Negligence and Nuisance CasesProving Causation Among Multiple-Source Polluters: A State-by-State Survey of the Law for New England, and a Proposal for a New Causation Framework."University of New Hampshire Law Review3.1 (2016): 6. Houh, Emily. "Sketches of a Redemptive Theory of Contract Law."Hastings LJ66 (2014): 951. Hunter, Howard. "Modern Law of Contracts." (2015). Iacobucci, Edward M., and Michael J. Trebilcock. "An economic analysis of waiver of tort in negligence actions."University of Toronto Law Journal66.2 (2016): 173-196. Klass, Gregory. "Introduction to Philosophical Foundations of Contract Law." (2014). Letsas, George, Prince Saprai, and Gregory Klass. "Philosophical Foundations of Contract Law." (2014). Liu, Qiao, and Ewan McKendrick. "Contract Law." (2015). Martin, Paul. "Contract law: When changes to the law: Affect rights under contract."LSJ: Law Society of NSW Journal22 (2016): 86. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press (UK), 2014. Mendelson, Danuta.The new law of torts. Oxford University Press, 2014. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Puil, John van der, and Arjan van Weele. "Contract Law and Tort Law."International Contracting: Contract Management in Complex Construction Projects. 2014. 285-292. Simons, Kenneth W. "Reluctant Pluralist: Moore on Negligence." (2015). Smits, Jan M.Contract law: a comparative introduction. Edward Elgar Publishing, 2014. Trotter, Andrew, et al. "the sydney law review." (2014). Turner, C Trone, J (2015). Australian Commercial Law (30th ed). Pyrmont, NSW, Australia: Thomson Reuters(Professional) Aust Ltd. ISBN: Zamir, Eyal, et al. "Contract Law and Theory: Three Views of the Cathedral." (2014): 2077-2123.

Saturday, April 18, 2020

Risk Assessment and Contingency Plans

There are several risks that such company as Target can be exposed. First of all, it is possible to speak about the changes in labor legislation. The government of the United States or Canada can introduce new laws requiring Target and other large retailers to raise minimum wages for the employees.Advertising We will write a custom research paper sample on Risk Assessment and Contingency Plans specifically for you for only $16.05 $11/page Learn More This change can strongly affect the financial performance of this organization. Currently, the company faces various lawsuits related to their alleged failure to compensate their employees properly and offer them adequate medical insurance (EOWLD1 unpaged). Thus, it is possible that these legal conflicts can eventually give rise to new laws. Canadian citizens do not receive healthcare coverage directly from the employer, it is provided by the government (Greenberg, 63). However, the cost of the coverage is re flected in the taxes that private companies pay. Therefore, rapid increase in these health coverage costs can result in extra expense for Target. The company has to be ready for these changes in legislations; otherwise they can lose their positions in the market. Secondly, this management of this company should remember that economic recession forces people in Canada to choose less expensive products, and as a result, retailing companies have to lower the prices and enter price competition. This competition will be very difficult for Target, especially if we consider its rivalry competition with Wall-Mart (Rowley, 175). Finally, one should also take into account that some Canadian customers may give preference to local retailers rather than foreign ones. Therefore, by opening new stores in Canada Target may not achieve the expected profits. The contingency plan can include several important steps. For example, the company should develop new compensation plan which reflect the possib le changes in labor laws in Canada. Admittedly, this change can affect the profitability of this corporation at the beginning but without it they will not be able to operate in this country. The second important step is to expand the range of their products. Currently, this company offers high quality products to middle-income people (Rowley, 175). They should also sell the merchandise that will affordable to people of lower income. Additionally, this corporation should establish close partnership with a variety of Canadian suppliers in order to make their supply chain more cost-effective.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Finally, this organization has to make sure that it is viewed by Canadian customers as a responsible corporate citizen. In part, Target can do it by retaining the employees of Zellers Inc, the retailing company that they acquired. Overall, these str ategies can avert possible risks or at least minimize their impacts. Strategy Map and Balanced Scorecard At this point, it is necessary for us to illustrate the future goals of Target Corporation by means of this strategy map. They are closely connected to the company’s intention to open new stores in Canada. They are as follows: Financial Perspective To increase the profitability of the Canadian department stores acquired by Target by 10 percent at the end of 2012. To increase the sales volumes of these stores by 5 percent at the end of 2012 To reduce the operational expenses by 5 percent at the end of 2012. Measurement Overall, the management of this company should take measurements on a quarterly basis. They need to focus on three criteria sales rates, net income, and operational expenses of those Canadian stores that merged with the company. Such approach will enable them to track their progress. Customer Perspective To make sure that the company is viewed by Canadian customers as company that values corporate social responsibility. To develop methods of attracting new customers, for example, by improving the quality of services. Measurement The company can adopt several research methods to evaluate and measure Canadian clients’ perceptions. For example, they can conduct online surveys prompting the customers to assess Target in terms of their prices or service quality. The results of these customer surveys will be the milestones showing where these customers have a favorable opinion about the company. Internal perspective To reduce the stock out rate to a minimum To establish more close alliances with a variety of Canadian supplier. Measurement The management can evaluate this aspect of performance by counting the number of stork-out within a month. These measurements must be taken each month, and they will serve as the key milestones for the management. The second objective can be measured by the number of business partners that Targe t has in Canada. Learning Perspective and growth To make sure that the best practices are quickly dissimilated and adopted across the company To improve the skills of every employee by offering training programs to the personnel. Measurement The management can evaluate learning and growth in Canadian stores by measuring the amount of time it takes different department stores to assimilate the best practices of the Company. These measurements must be taken each month, and they will serve as the key milestones for the management. Furthermore, the management should conduct assessment of employee’s performance every month. The first aspect that has been identified in the strategy map is financial perspective. At this point, the main objective is to reduce the operations costs and increase sales by five percent in Canadian stores. This goal can be achieved by offering products to people of various incomes. Secondly, the management can achieve this goal by optimizing the supply c hain.Advertising We will write a custom research paper sample on Risk Assessment and Contingency Plans specifically for you for only $16.05 $11/page Learn More The second aspect, which can be equally important to Target Corporation is the customer perspective. As it has been said, the company must demonstrate that they really act as a responsible corporate citizen that will benefit Canadian customers. They can attain this objective in several ways. First, the management must eliminate labor law violations in the workplace. Such controversial incidents can really damage the reputation of this organization and prevent it from expanding in the United States or Canada. Secondly, they can do it by retaining the employees of former companies such as Zellers Inc. Thirdly, one should not overlook internal process perspective. The main objectives are to minimize stock out rates and establish partnerships with Canadian suppliers. The stock out time can be minimiz ed by using more accurate demand-forecasting methods. Finally, the management should foster learning and growth in the organization. This perspective is probably also vital for the success of Target Corporation. The key task is to make sure that ideas and best practices are quickly disseminated across the company. They need to work on the improvement of worker’s skills. This is why they should offer training programs to the members of the staff. Finally, the company needs to offer stimulus to well-performing and talented employees. For example, they can give monthly awards the best employees. Later, the management should track their performance on a monthly basis. This assessment will show whether these bonuses and training programs contribute to better performance. These are the strategies that Target should pursue in order to achieve success in Canada. Works Cited Greenberg, Warren. The Health Care Marketplace. London: Beard Books, 2002. Print. Rowley, Laura. On Target: How the World’s Hottest Retailer Hit a Bull’s-Eye. NY: John Wiley Sons, 2004. Print.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The Executive Office of Labor and Workforce Development. â€Å"Ricardo Vazquez v. Target Corporation†. 2009. Web. Retrieved from https://www.mass.gov/decision/ricardo-vazquez-v-target-corporation Footnotes 1 the Executive Office of Labor and Workforce Development. This research paper on Risk Assessment and Contingency Plans was written and submitted by user Phasma to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.