Youth Protest In Vietnam War Essays - Counterculture Of The 1960s

Youth Protest In Vietnam War Youth Protest of the Vietnam War In 1961 president Kennedy decided to send American troops to Vietnam to stop the spread of Communism and to show the United States' strength of resolve. At the time he did not know the turmoil he would bring to his own country. The United States was split between those who believed it was our part to get involved in Vietnam and those who thought it was none of our business. As the war continued people's opinions intensified, especially student's. Youth protests during the 1960's changed the way many Americans viewed the Vietnam War. In the early 1960's protests first became a way of change for the civil rights movement. Then as men started going off to war it became a way of displaying activism. Liberal cities with big universities were the first to experience the antiwar movement. The cities of Ann Arbor, Bloomington, Chicago, East Lansing, Lawrence, Madison, Milwaukee, and Minneapolis saw the movement in full effect (Anderson 4-5). Some people believed that the protesters were a disgrace for betraying their own country (Dudley 83). Teach-ins became a way of educating students about what was really happening in Vietnam. Speeches, songs, discussions, and seminars helped get the students involved at the teach-ins. After the first teach in occurred on March 24, 1965, at the University of Michigan, hundreds more started taking place within a few weeks. All the administration could do was to send for government officials called truth teams. When that did not work, the government realized they should not reveal their policies to the public (Dougan and Weiss 87-88). The students from the University of California at Berkely felt like a minority when no one took them seriously at their campus demonstration in September 1965 because of their long hair and ragged clothes (Kent 74). Many youth joined organizations that were against the war. They would go to protests such as the one that took place on April 17, 1965. The 20,000 protesters that were present in Washington that day showed how the peace movement was growing. A few days later, thirty-three antiwar organizations came together to form the National Coordinating Committee To End the War in Vietnam. Another group, Vietnam Day Committee, attempted to stop troop trains but were unsuccessful. Both groups joined together to lead demonstrations in ninety-three cities, in what was called the International Days of Protest (Dougan and Weiss). The International Days of Protest that took place on October 15 and 16 in 1965 included 100,000 activists that participated not only in the cities but on college campuses as well. The way of protest in each of these places varied. In Madison, eleven people were arrested when they tried to make a citizen's arrest on a commander of a local air force base by accusing him of war crimes. At a University of Colorado football game, students flashed antiwar slogans to the fans at halftime. Students in Michigan held a 48 hour peace vigil and also picketed the local draft board. New York had a parade in which 20,000 people were involved in and a speak out that 300 people attended at New York's arms induction center (Anderson 141). The Students for a Democratic Society was one of the best known and largest organizations. With Tom Hayden, from the University of Michigan, as their president and spokesman, many people who were activists in or out of the group were inspired. The members said that college students can change society by acting against racism, nuclear weapons, and other wrong doings (Dudley 118-19). The Students for a Democratic Society usually were a nonviolent group, until 1968 when the Weatherman Faction, a group of radicals, started a terrorist campaign against the United States government. In October they bombed a CIA building, an army recruiting office, and a couple of police stations (Hoskyns 189). That was not the only time activists and protests got violent. A riot broke out in Chicago at the National Democratic Convention. The police and 7.5 thousand United States troops attacked the demonstrators (Hoskyns 189). In the following years the number of violent protests increased. Trying to escape the draft became an organized action (Hoskyns 187). At the Whitehall Street

Rudy Giuliani NYs Superman essays

Rudy Giuliani NY's Superman essays Hard on the heels of the September 11 attack on the World Trade Center Mayor Rudolph William Giuliani with his political career as the Mayor of New York endured his share of debacles, including an ill-fated attempt to block "objectionable" art from local museums, and widespread charges of police brutality. And many New Yorkers criticized him for being far to extreme. But, his excellence towards unwavering commitment towards humane feelings and beliefs that he dispelled that over the years. In a city of over seven and half million belonging to varied ethnic groups, this Mayor of New York out dueled many of the insiders and Democrats by reinventing his focus towards the quality-of-life issues resulted in tangible achievements for the Capital of the World. "There is no more eloquent testimony to the mindlessness of term limits than the performance of Mayor Rudolph W. Giuliani during this time of crisis," one Maryland resident wrote to the New York Times. (Jessica Reeves. 2001[ ]) Giulianis major political feats were innumerable but it was his political role in reducing crime within New York that made him a courageous political legend within American politics. Time prevails and Rudy, with his political accomplishments downsized the crime-ratio of the city, which once was generally accepted as the most ungovernable states. Rudy defied and disagreed to the premonition and by the time when he left his office; New York was indeed the safest of all the metros in the USA. As Rudy stated, Tragedy is, after all, one of the best platforms for campaigns and Guilianis political performance proved him true to all entirety. (Deroy Murdock 1999[ ]) Ironically, the strategic efforts initiated and implemented by Giuliani by the name Broken Window proved to a successful step. It was an ambitious program aimed to specifically address the criminal goings-on related to domestic violence, police corruption, youth crime, ...

Novel Essay Example | Topics and Well Written Essays - 1500 words - 1

Novel - Essay Example However, some ideas of afterlife are based on the notion of rebirth. Other ideas believe in the existence of an afterlife where dead people reside in a supernatural environment determined by gods or other supernatural beings based on the activities and beliefs of the dead while they were still alive. With reference to the already existing afterlife, this paper aims at presenting a creativity based new afterlife idea. It is a common notion that afterlife always comes in the form of a punishment or reward for the things that people do during their lifetime. This afterlife idea is based on the things that people do during the time when they still live (Sebold 89). The things that people do when they are alive are always a matter of choices. Some people choose to do good while other chooses to do evil or bad. It will seem unfair for those people who choose to do bad things to be treated in the same way that those who always did good are treated. If in any case life would completely end at death, then the two types of human beings would be absolutely the same (Coward and Coward 101). However, this idea of afterlife seeks to reward those people who did good during their lifetime while making sure that those who did wrong would always be denied the benefits that those who do good get. This idea of an afterlife has its basis on social classes and rebirth. Social class is a very influential thing in human life. Therefore, being in a higher social class will definitely make the life of the individual seem better (Zevin 90). On the other hand, when someone’s social class is lowered they will definitely live a lifestyle that is less comfortable when compared with the type of lifestyle that they used to live before. Social class in the idea is used to either reward good deeds during lifetime or punish bad ones during the same period. Social class refers to the hierarchical and the categorical classification of human beings in the society. The most

Human Resources Management Pay for Performance at Dee's Personalized Case Study

Human Resources Management Pay for Performance at Dee's Personalized Baskets - Case Study Example The company needs to analyze following determinants before designing any PFP model. Employees value outcome of their effort in terms of monetary benefit and other recognition Monetary outcome is more valued than any other kind of recognition Performance level expected by the company must be measurable Performance measurement must synchronize with strategic goal of the company Reward must be tempting enough to motivate workers It is evident from the case study size of the organization is not big hence measuring performance of each employee is possible hence the company should adopt individual level PFP system. Merit pay plan and incentive system will complement individual level PFP program. In merit pay plan payment is done as certain percentage of base salary and distributed in top down approach. Research report shows that workers prefer merit pay plan over straight fixed salary. Merit pay plan helps the employee to assume that employer has recognized his/her performance. The company should adopt the system for all employees. Incentive schemes can be applied to all employees of the company. The company can use incentive scheme rigorously to improve performance of sales team. Key Performance Indicator (KPI) model can be used to design PFP system for the company (Parmenter, 2011, p. 3-15). KPI will help the company to identify key performers responsible to increase sales and based on appraisal the company can decide salary structure for key performers. Dee’s Personalized Baskets should introduce performance based incentives for all the employees to motivate them to perform well. The company needs two types of additional information to build effective PFP model (Bernardin & Russell, 2013, p. 753). It is evident from the case that the company is lacking in creating sustainable performance standard and appraisal system. The company should try to design a consistent incentives system to fulfill expectancy of employees (Kreitner & Kinick, 2013, p. 222). Externa l information (industry average for incentives and salary structure and how much competitors are paying to their staffs). Internal data (annual performance report for employees). PFP system of the company needs to address following issues. Annual bonus system not tied with base salary. Bonus pay level should be adjusted to 0% to 20% for non supervisory personnel and 20% to 40% to supervisory personnel. Forced distribution should be used for performance appraisal. Proper alignment between job designation and performance measurement. Designing annual merit pay program for major achievement Key performance indicator should be integrated in the system to monitor performance of employees and KPI should be used improve performance on monthly basis. Answer 2 Gain sharing is the process of sharing financial benefits of increased productivity or cost reduction with employees. Gain sharing plans aim to reduce level of human resource pool required to produce certain output or increase producti vity from existing human resource pool. Research suggests that maximum effectiveness of gain sharing can be achieved by 1- cooperative union, 2- utmost faith between employee and employer, 3- participation of worker and management to achieve common organizational goal. Research scholars believe measuring gain sharing is difficult because involvement of complex financial

Impact of Management on Organizations Term Paper

Impact of Management on Organizations - Term Paper Example This paper is an attempt to explore the various dimensions and dynamics of the impact of management on organizations. Whether positive or negative and internal or external, the paper will critically analyze this impact. During this discussion, this paper will touch various sub topics under the umbrella of such as strategic management, leadership, and managing change. Body/Discussion Before even initiating the discussion about management and its impact on organizations, it is imperative to present the basic idea and definition of management. According to its definition, management refers to the process of achieving organizational goals and objectives effectively and efficiently by engaging in â€Å"the major functions of management, which are planning, organizing, leading, and controlling†. Planning is â€Å"the process of setting goals and deciding on the best possible methods of achieving them† (Hamel & Breen, 2007). Without goals, objectives, and targets, management cannot even exist. The first task of management is to set a vision and create objectives about what the organization intends to achieve and how it intends to achieve the same (Daft & Lane, 2009). Consider the example of Whirlpool, a Fortune 500 company which is celebrating its 100 birthday this current year, to understand the importance of planning as the function of management and its impact on the overall organization. The overall objective of the company, during the 1990s was to achieve the best possible performance in delivering the shareholder value. The company went on to define that as achieving the target of revenues of 15 billion US dollars annually from their existing level of 7 billion US dollars (Hamel & Breen, 2007). Whirlpool and its executives and managers knew that this is an imper ative yet difficult task and something had to done effectively in order to achieve this target. The company initiated intensive efforts to understand the needs, wants, demands, expectations, ideas, and thoughts of the customers so that the company could introduce the best possible products, which are in line with the needs of the

Importance of teamwork

Importance of teamwork 1. Introduction As organisations continue to strive towards competitive advantage and increasingly high performance standards, collaboration and team-oriented project management are increasingly providing the flexibility and innovative potential necessary to excel. Yet in spite of the dynamic characteristics of teams in practice, many organisations fail to recognise the core determinants of a team-oriented framework, instead grouping employees into non-linked, non-dependent, individually-driven models. This group-based approach is distinct from team-specific initiatives and fails to meet the rigorous determinants of dynamism and effectiveness necessary in the modern marketplace. The following sections will draw distinctions between teamwork and group work, highlighting the opportunities associated with team-driven performance. Further, several theoretical models of teamwork will be introduced, demonstrating underlying benefits of optimised team management and goal setting. Through this discussion, a framework of organisational implications will be introduced, focusing on team-generated performance and the importance of effective team outcomes in meeting organisational goals. 2. The Teamwork Paradigm In spite of their seeming interoperability, Fritz (2014:1) emphasises that the terms ‘team’ and ‘group’ hold practical distinctions when represented in the context of enterprise management. A group, in theory, represents three or more individuals who, although aligned according to similar objectives or a similar unit assignment, work and perform independently of each other to achieve organisational goals (Fritz, 2014:1). Alternatively, the definition of a team involves an alliance of three or more individuals who collaborate and work interdependently to achieve a mutual goal or objective over the course of a given project, focus, or agenda (Fritz, 2014:1). Accordingly, it is the structural segmentation of responsibilities (independent or collective) that differentiates between these two terms, creating opportunities for managers to apply appropriate solutions to resolve variable and complex organisational problems. Whilst employees may initially begin their organisational tenure as a member of a working group, it is ultimately the priority and high level objective of the leadership to stimulate functional team-working, actualising tangible, high-performing outcomes from a participative environment that are capable of supporting a broader organisational vision and agenda. Whilst group-based projects and group work solutions have been prescribed throughout a variety of educational, enterprise, and social scenarios, the distinction between individual and collaborative roles within the group work concept results in a variety of outcomes. Kwon et al. (2014:185), for example, suggest that the degree and level of collaboration is a highly variable framework, one which is defined according to the complexity of the project, the characteristics of the team itself, and the overarching objectives of the leadership. Yet, more importantly, the researchers demonstrate systematically that the roots of effective teamwork are based upon a process of competent and sustained collaboration, evading a variety of pitfalls, limitations, and challenges that arise from the individualised roots that largely characterise the group-work paradigm (Kwon et al., 2014:196). It is the ability for leaders to not only inspire employee engagement in a common goal or agenda, but collaboration within a heterogeneous, multi-functional, interdependent team that ultimately creates the necessary opportunities for maximising efficiency and stimulating higher performance outcomes over time (Hogel and Proserpio, 2004:1160). As team members continue to evolve beyond the pitfalls of group-based membership and individualised working priorities, the characteristics and capabilities of the team itself begin to emerge, providing pathways to new capabilities and programme development as members actively pursue mutual and shared goals and outcomes. 2.1 Belbin’s Team Role Theory As employees and managers strive to identify their optimal place and responsibilities within a given team-working scenario, roles and behaviours play a critical role in shaping performance outcomes and actualising group objectives. Belbin (2011:24) defines a team role as a ‘pattern of behaviour characteristic of the way in which one team member interacts with another where his performance serves to facilitate the progress of the team as a whole’. For managers, this theory has distinct implications, as through identification of particular characteristics, strengths, and skill sets amongst individual team members, team performance outcomes can be predicted with relative accuracy (Business, 2011:966). Within Belbin’s (2011:24) model of team roles, Batenburg et al. (2013:903) recognise that there are three dominant role categories including action-oriented, people oriented, and thinking/problem solving-oriented under which eight distinct role behaviours can be grouped: implementer, completer/finisher, shaper, coordinator, team worker, resource investigator, monitor evaluator, and plant. Figure 1: Team Role Theory Model (Source: Batenburg et al., 2013:903) Whilst the foundations of Belbin’s (2011:24) role theory were predicated upon a tenuous balance between role assignments and team performance, Batenburg et al. (2013:904) contest that the behavioural foundations of this theory undermine considerations of skill, intellect, and experience, failing to accurately predict team-specific outcomes. Alternatively, Prichard and Stanton (1999:664) propose that the role theory framework can be used in a more pro-active, learning-oriented manner in order to assist team members in becoming aware of skills needed for successful team work, identifying capabilities which may be absent from the team at any given time, and implement avoidance strategies to resist behaviour that may not be conducive to successful team-working. 2.2 Theory X and Y Amongst the early origins of team-oriented theory, McGregor (1957:166) introduced theory X and Y as a means of explaining how individuals are motivated according to two, diametrically opposed theories (James, 64-5). The following is a brief summation of each theory as outlined by McGregor (1957:166-7): Theory X Management is responsible for organising elements of a productive enterprise Without active intervention by management, individuals would be passive and resistant to organisational needs. The average worker is indolent and works as little as possible Workers lack ambition, dislike responsibility, and prefer to be led Individuals are self-centred and indifferent to organisational needs Workers are resistant to change Workers are gullible and not inherently bright Theory Y Management is responsible for organising the elements of a productive enterprise People are not passive or resistant to organisational needs. Workers have evolved as a result of experience in the organisation Motivation, development, and responsibility are all present in individuals and can be activated Essence of management is to arrange organisational conditions and methods to allow individuals to achieve their own goals and direct individual efforts towards organisational objectives. Purpose of management is to create opportunities, release potential, remove obstacles, encourage growth, and provide guidance. The tension between these two theories is significant, as McGregor (1957:169) outlines distinctive managerial initiatives and purposes which are either control and outcome-oriented (Theory X), or are supportive, guiding, and inspirational (Theory Y). When applied to teamwork and problem-oriented scenarios, this theory as described by DalFono and Merlone (2010:424) indicates an intrinsic pursuit of equity in efforts and organisational performance, whereby inequities may potentially lead to less effort and resistance to participation. Without managerial influence, the desire for employees to excel beyond their teammates’ performance levels (e.g. due to variable skill levels, lack of similar experience, etc.) is reduced to an internal tension, the foundations of Theory X. Yet, whereby managers offer inspirational support, contribute to employee development and self-efficacy, and create a balanced framework on which to base decisions and activate effort, DalFono and Merlone (2010:424) agree with McGregor (1957:169) that motivation and performance can be strategically enhanced. 2.3 The Hawthorne Effect First described in factory operations at General Electric, the Hawthorne Effect is a ‘phenomenon whereby individual or group performance is influenced by human behaviour factors’ (Lewis et al., 2007:40). A form of summative potential, this effect represents a group/team-activated improvement in team performance which prioritises a foundation of human resource-oriented management rather than more scientific, output-based agendas (Lewis et al., 2007:40). By recognising that teamwork is a function of social interactions including both formal and informal groups and interdependencies, the Hawthorne Effect idealises humanistic pathways by which managers are able to position, affect, and sustain meaningful performance changes in organisational teams (Lewis et al., 2007:40). This effect further explains the value which the very concept of ‘teamwork’ can have on improving and sustaining organisational performance from a motivational and participation-based standpoint. As employees strive to achieve desired performance outcomes under managerial scrutiny, Patel et al. (2012:214-5) argue that justice, as a facilitative mechanism, has a direct impact on organisational identification and perception, shaping the thoughts, feelings, and actions of individuals. When positioned in social scenarios, such justice-based effects are magnified, as identity itself is rooted to the role and position within the group, affecting an individual’s feeling of self-worth (Patel et al., 2012:215). Under likely conditions of team heterogeneity, Tore-Ruiz and Aragon-Correa (2013:555) propose that team members with higher individual performance assume an important, informative role in regards to team activity and potential. Yet, within the justice-based vein of Patel et al. (2012:214) and the overarching scrutiny of the Hawthorne effect (Lewis et al., 2007:40), there is a direct correlation between scrutiny and status and performance, an effect which is inherently magnified within the teamwork setting. Whilst group work may allow individuals to operate according to independent and individualised motivations and behaviours, continuity and predictability in team performance is critical to pursuing a broader spectrum objective, orienting members towards optimal behavioural outcomes. 3. Implications and Impacts For organisational leaders, team roles, characteristics, and values represent a critical opportunity for not only achieving organisational objectives, but for targeting specific strategic goals and priorities that can result in significant developmental growth. Van De Water and Rozier (2008:499) emphasise that the underlying value of the Belbin (2011:24) model is predicated upon managerial interventions, applying pragmatic and skills-driven techniques to team composition, role assignment, and role assumption. Yet for organisations, the realisation of such idealised outcomes is oftentimes overshadowed by various dimensions of behavioural and individual interference including personality, mental abilities, values and motivations, experience, and learning practices (Van De Water and Rozier, 2008:499-500). In order to improve upon dysfunctional and ineffective team conditions, researchers such as Dietz et al. (2014:908) have undertaken to assess the roots of teamwork in practice, describing constructive and behavioural traits that yield desirable working outcomes. Through their outcome-based assessment of nursing practice and hospital administration, the researchers reveal that structural dimensions including training, communication and HRM are used to affect work process outcomes, optimising team performance and achieving desirable organisational outcomes (Dietz et al., 2014:914). One of the challenges in empirical research as evidenced by Dietz et al. (2014:914) is that situational variability and distinctive behavioural values and agendas can significantly undermine the relative effectiveness of team-based actions and organisational performance outcomes. Gressgard and Hansen (2015:167) contend that ‘learning from failures requires sharing of information and knowledge about error experiences’; however, the researchers also recognise that such ‘holistic’ organisational learning does not always manifest by chance and must be supported by leader interventions and directional supports. This form of functional knowledge exchange represents a core component of leader involvement and activism in the organisation that not only allows for intra-unit knowledge exchange, but cross-unit knowledge transfer and absorption (Gressgard and Hansen, 2015:170). Both of the Dietz et al. (2014:914) and the Gressgard and Hansen (2015:170) studies idealise team-driven environments which, although situational in practice, are characterised by several high value traits and characteristics that can be further extrapolated and explicated: Strong Leadership: Strong, effective leadership involves not only relinquishing control of team functions and decision making to the various members, but supporting key functions such as knowledge exchange through purposeful interventions and goal setting. Direction and Vision: Effective teams benefit from a strong, purposeful vision that is capable of both directing behaviours and moderating individual values and priorities. Whilst leaders maintain responsibility for perpetuating this vision over time, it is the broader, big picture agenda of the organisation which ultimately defines and sustains the vision in practice. Interdependencies and Partnerships: In order to activate shared knowledge and maximise the benefits of heterogeneous teams, interdependencies must be built into the working dynamics, creating opportunities for members to activate new understandings and competencies within the context of the broader organisational objectives. Roles, Responsibilities, and Agendas: Focusing on the distinct, yet interwoven roles of individual team members, it becomes critical for effective teams to not only assign process-oriented tasks to members of the team, but to ensure that there is sufficient clarity and directional support to guide and sustain such processes. The pursuit of effective team-working is driven by both organisational needs and employee engagement, foundations which support, direct, and sustain goal setting and agenda-specific orientation over time. Deering et al. (2011:90-1) describe several key steps for actualising such goal-oriented outcomes, focusing on leaders as a directional force that supports team composition and role assignment, allowing teams to develop functional situational awareness (shared mental model), mutual support (cross-monitoring, cross functionality), and effective communication. Through the introduction of simulated training scenarios within a real world organisational context, Deerring et al. (2011:94-5) demonstrate how effective team-working can not only be trained, but can be solidified according to key organisational objectives, establishing foundational rules and guidelines that can then be extended over the course of the working processes. Such initiatives build upon what Laal (2013:1427) view as a necessary framework of collaborative learning which is ‘based upon consensus building through cooperation by group members’. Whilst less collaborative setting involving groups may ultimately allow individuals to pursue learning and knowledge on their own, the roots of collaborative learning are driven by commonalities and goal setting that can magnify the overall effectiveness of the team-working process over time (Laal et al., 2013:1428). Whilst training and learning in the workplace are largely holistic functions of daily operations, leaders can stimulate more directional objectives by identifying and defining specific goals and expectations that can support team performance and enhance effectiveness over time. At the core of teamwork orchestration are two leading priorities: to achieve consistent, high performing outcomes and/or to innovate or develop beyond the current state of organisational performance. Hogel and Proserpio (2004:1154) propose that team member proximity (both physical and cognitive) and role assumption play a significant role in the achievement of desirable collaborative processes. Whilst the researchers focus on the relationships between team-members across co-located, virtual teams, the evidence relating to proximity supports and coordination resources is indicative of the building blocks required for effective and high performing teamwork. Specifically, Hogel and Proserpio (2004:1160) describe the role of intermediary actors (e.g. managers) as a form of cross-location communication support system, creating communication bridges for co-located employees seeking to maintain their distinctive roles within a distributed, yet goal-oriented team. The evidence, although specific to a particular form of modern enterprise, demonstrates that regardless of status or role assignments, teamwork and the actualisation of effective outcomes in real world practice, is predicated upon effective communication and sustained interpersonal relationships that, by virtue of their group focus, are distinct from more traditional group-work and group-based assignments. The distinction between group and teamwork is important for managers to recognise, as collaborative foundations and interdependencies are unlikely evolve out of group-based activities, particularly due to the outcome-oriented priorities which inhibit more participative and collective agenda setting (Bedwell et al. 2012:128). In order to improve collaborative outcomes and organisational performance, Bedwell et al. (2012:134) recognise that collaboration requires participation in joint activities, a shared or common goal, reciprocity and support, the ability to evolve, and participation by two or more social entities. Whilst the roots of collaboration are largely intuitive, the effects of such team-driven performance on organisational practices can be directly linked to improved performance and positive enterprise outcomes. Hayne and Free (2014:309) model such team-driven performance improvements within the context of risk management and organisational monitoring. By diversifying the responsibility for risk identification and assessment in daily operations across a cross-functional team, the researchers demonstrate that not only does performance improve over time, but risks and vulnerabilities are systematically reduced, providing opportunities for new working processes and more efficient resource distribution (Hayne and Frere, 2014:325). In spite of the positive interpretation of teamwork modelled by Bedwell et al. (2012:134) and further highlighted by Hayne and Frere (2014:325), the actualisation of an effective, functional team is not a simple process, and may ultimately result in significant hurdles and organisational inconsistencies. Kwon et al. (2014:185) describe complications within the ‘interprofessional collaborative process’ that emerge from deficiencies within individual ‘collaborators’, creating hurdles and mitigating the benefits of team-working. One of the most significant hurdles identified through empirical testing and surveying was inadequate or missing socio-emotional interaction between the team members, inhibiting trust and ultimately resulting in challenges for group regulation and team participation (Kwon et al., 2014:196). Such findings indicate that for teams to move beyond the individualised hurdles affecting collaboration and mitigating participation, there must be sufficient motivation, a functional gap that establishes leader interventions and organisational vision as conduits that allow teams to evolve and achieve higher states of performance. 4. Summary Whilst the concept of ‘group’ in any team is a relative given, the concept of ‘team’ is fundamentally non-interchangeable with that of ‘group’. In spite of the fact that the distinction is relatively simplistic (individual work versus collaboration), in organisational practice, actualising an effective team is much more difficult than simply assigning individuals into groups. The multi-dimensional variables impacting upon team performance, role assignment, and member behaviour are of significant importance as managers seek to evaluate and target high performing team outcomes. From personal affiliation and value-based alignment within the organisation to collaborative learning and team-driven capacity building, the factors that influence team effectiveness are a critical consideration. In spite of long-lived, industry-leading theories such as the team role theory, Theory X Y, or the Hawthorne Effect, it is difficult to establish a consensus in regards to the roots of effective team membership, and by default, effective team-working. Individuals can be effective members of groups and fulfil their role according to their own underlying agendas; however, in order for organisations to truly activate performance and maximise their potential, a more functional, dynamic team environment is necessary. It is through the layered engagement of multi-dimensional skill sets and competencies that managers are not only able to maximise the effectiveness and efficiency of their teams, but are able to identify collaborative strengths and collective advantages that might otherwise remain obscured by individual priorities and actions. References Batenburg, R., Van Walbeek, W.V., Der Maur, W.I. (2013) ‘Belbin Role Diversity and Team Performance: Is There a Relationship?’ Journal of Management Development, Vol. 32, No. 8, pp. 901-913. Bedwell, W.L., Wildman, J.L., DiazGranados, D., Salazar, M., Kramer, W.S., Salas, E. (2012) ‘Collaboration at Work: An Integrative Multilevel Conceptualization.’ Human Resource Management Review, Vol. 22, pp. 128-145. Belbin, R.M. (2011) Team Roles at Work. Oxford: Butterworth-Heinmann, 2nd Edition. Business. (2011) Business: The Ultimate Resource. London: AC Black Publishers, 3rd Edition. Dal Forno, A., Merlone, U. (2010) ‘Effort Dynamics in Supervised Work Groups.’ Journal of Economic Behavior and Organization, Vol. 75, pp. 413-425. Deering, S., Johnston, L.C., Colacchio, K. (2011) ‘Multidisciplinary Teamwork and Communication Training.’ Seminars in Perinatology, pp. 89-96. Diez, A.S., Pronovost, P.J., Mendez-Tellez, P.A., Wyskiel, R., Marsteller, J.A., Thompson, D.A., Rosen, M.A. (2014) ‘A Systematic Review of Teamwork in the Intensive Care Unit: What Do We Know About Teamwork, Team Tasks, and Improvement Strategies?’ Journal of Critical Care, Vol. 29, pp. 908-914. Fritz, R. (2014) ‘Differences Between Group Work and Team Work.’ Chron, Small Business, Available At: http://smallbusiness.chron.com/differences-between-group-work-team-work-11004.html . Accessed 6th October, 2014. Greerssgard, L.J., Hansen, K. (2015) ‘Knowledge Exchange and Learning from Failures in Distributed Environments: The Role of Contractor Relationship Management and Work Characteristics.’ Reliability Engineering and System Safety, Vol. 133, pp. 167-175. Hayne, C., Free, C. (2014) ‘Hybridized Professional Groups and Institutional Work: COSO and the Rise of Enterprise Risk Management.’ Accounting, Organizations and Society, Vol. 39, pp. 309-330. Hoegl, M., Proserpio, L. (2004) ‘Team Member Proximity and Teamwork in Innovative Projects.’ Research Policy, Vol. 33, pp. 1153-1165. James, D. (1999) Introduction to Team and Personal Development. London: Chartered Institute of Bankers. Kwon, K., Liu, Y.H., Johnson, L.S.P. (2014) ‘Group Regulation and Social-Emotional Interactions Observed in Computer Supported Collaborative Learning: Comparison Between Good vs Poor Collaborators.’ Computers and Education, Vol. 78, pp. 185-200. Laal, M., Naseri, A.S., Laal, M., Kermanshahi, Z.K. (2013) ‘What Do We Achieve from Learning in Collaboration?’ Procedia—Social and Behavioral Sciences, Vol. 93, pp. 1427-1432. Lewis, P.S., Goodman, S., Fandt, P., Michlitsch, J. (2007) Management: Challenges for Tomorrow’s Leaders. Mason, OH: Thomson/South-Western, 5th Edition. McGregor, D.M. (1957) ‘The Human Side of Enterprise.’ Management Review, pp. 41-49. Patel, C., Budhwar, P., Varma, A. (2012) ‘Overall Justice, Work Group Identification and Work Outcomes: Test of Moderated Mediation Process.’ Journal of World Business, Vol. 47, pp. 213-222. Prichard, J.S., Stanton, N.A. (1999) ‘Testing Belbin’s Team Role Theory of Effective Groups.’ The Journal of Management Development, Vol. 18, No. 8, pp. 652-665. Torre-Ruiz, J.M.D., Aragon-Correa, J.A. (2013) ‘Interdependence Between Best Team Members and their Teammates.’ International Journal of Manpower, Vol. 34, No. 5, pp. 552-567. Van de Water, H., Ahaus, K., Rozier, R. (2008) ‘Team Roles, Team Balance, and Performance.’ Journal of Management Development, Vol. 27, No. 5, pp. 499-512.

Lady In A Rocking Chair Essay -- essays research papers

Back … forth … back … forth … she sits in her creaky rocking chair pleasantly reminiscing about her lost childhood as she crochets a warm fuzzy quilt for her granddaughter. Out of nowhere her desire to finish the quilt before noon fades and she find her attention drifting towards the window and looking at a giant maple tree bejeweled in sparkling frost. The tree is old and withered, it has aged immensely; it is somewhat like the old woman … even the texture of the bark is likened to the wrinkles on her face and body. Beyond the bark there is a history of both painful wounds and happy memories, each and every one just as vivid as the next. It is astounding how this tree, such an ordinary and natural commodity can bring back so many fond and colorful memories. One of the lower branches of the tree appears to be mangled and frayed. She remembers it when it was in perfect condition, housing a handmade, wooden swing hanging from a brand new strand of coarse r ope. Over the years the rope had turned from a brilliant golden-yellow to an almost brownish-amber. She would come home each day and was always comforted by that same tree and that same swing, though she never understood why because to everyone else, it was just a tree, but to her, it was as comforting as a warm fuzzy blanket. She remembered attending her first day of school when she was a young child. Everything was so unfamiliar to her; new faces, new voices, a whole new world she could then discover on her own, without her mother holding her hand. Unfortunately the fun she expected to have did not go as she could have hoped. It was a seldom occurrence for anyone to ask her to play with them. She spent most of the school day in seclusion quietly playing in the corner with an array of plastic blocks. At certain points she just wanted to cry or go back home to the warm, loving arms of her mother; that is where she felt safe and shielded from the evil of the world. Somehow, no matter how bad her day had gone, her mother could always make it all go away with a soft kiss to the cheek and a gentle pat on the bum. She would always pack a nutritious lunch for her to take to school. There was something about the way a mother makes a sandwich that makes it taste so much better than when you try to make it yourself , maybe it’s because it’s made w... ...t year, the worst happened. She was diagnosed with cancer, the same kind her mother had died from just a few years back. The bad news hit her like a ton of bricks. Ingo attempted to ease her pain by taking her out and doing all sorts of fun activities, but she found herself getting even more depressed and frustrated every time they went out. To her, it was just a reminder of the bad news and what was yet to come. Her condition began to worsen each and every day. It was unbearable for the family to watch, and as painful as it was to do, they began to avoid her. Anytime they tried to comfort her, she would only snap at them, even though she knew they were only trying to help and had her best interests at heart. Here she sits, rocking in her rocking chair, back … forth … back … forth … with her quilt nearly finished now. Her rocking chair creaks with each subtle movement and eventually the creaking diminishes to a faint sound and finally no sound at all. She had left the world in peace quicker than she had entered it but still much too soon. I guess it’s true what they say about your life flashing before your eyes just before you die.

Conditions & Warranty

INTRODUCTION: The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery.In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing from the United State to Osaka. Due to the age of the ship’s machinery, the engines were old inadequate. However, the numbers of staff were insufficient and the chief engineer wa s incompetent. Consequentially, twenty weeks out of twenty four months was the ship ‘off hire’ for repair. On the other hand, freight rates had fallen during that period.The new rate was a quarter and a third cheaper than the rate fixed originally. The charterer wished to terminate the contract for the owner’s failure to hire out a seaworthy ship which they claimed to be a ‘condition’ and that the consequences of the breach was so serious that it has frustrated their purpose in entering into the charter-party. It was held seaworthiness was not a condition in their contract and that the delay caused by the repairs was not as grievous as to frustrate the charter-party’s commercial purpose.Therefore the chartered cannot terminate the contract. In a contract of sale, usually parties makes certain statements or the stipulation about the goods under sale or purchase. These stipulations in a contract of sale made with reference to the subject matter of sale. It may be either a condition or warranty. These stipulations forms the part of the contract of sale and a breach of which may provides a remedy to the buyers against the seller.The provisions relating to conditions and warranties are covered under section 11 to 17 of the sales of Goods Act. Section 11 of the Sale of Goods Act 1930 provides, â€Å"Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract†. In a contract of sale of goods there maybe various terms or stipulations.Though the definition of the word â€Å"stipulation† in the act is not been given, but when refer in Halsbury’s Laws of England, ‘stipulation is said to include only promises and not collateral contingencies beyond the control of either party e. g. , in s ales of goods â€Å"to arrive†. A bare ‘representation’ will not amount to a stipulation. Such stipulation maybe of major terms/conditions and minor terms/warranty. Condition means a stipulation or provision; a thing on whose fulfilment another thing or act is made to depend, something agreed upon as a requisite to the doing or taking effect of something else.Section 12(2) of Sales of Goods Act, 1930 defined conditions as â€Å"a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated†. On the other hand, â€Å"Warranty is an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages but not a right to reject the goods and treat the contract repudiated.It may be, express or implied† ; According to Section 12(3) of Sales of Goods Act, 1930, †Å"a warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject goods and treat the contract as repudiated. † Thus, there are obligations other than conditions which are not so vital to substance of the contract, however, those terms must be performed because their breach do not cause repudiation of the contract but may lead to sue for damage.In case of a breach the party at fault is liable to pay compensation Section 12(1) of the act state that, â€Å"A stipulation in a contract of may be a condition or a warranty† explaining that all terms and stipulations of the contract of sale are not of equal important and also of same consequences, however, some of terms are so vital to the contract that their failure to fulfil would cause breach of contract as a whole. Such terms are known as â€Å"Conditions†. Further, a term which are not of so vital importance is known as à ¢â‚¬Å"Warranty†.Under Section 12(4) which provides that â€Å"whether a stipulation in a contract of sale is a condition or a warranty depends in each case on the construction of the contract. A stipulation may be a condition though called a warranty in the contract†. Therefore, every contract is to be assessed in the light of circumstances including intention of the parties and also terminology used in the construction of the contract. CONDITIONS: Section 12(2) of the act defines a condition as â€Å"a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. Conditions is called an ‘express condition’ when a condition is expressed clearly in writing. A condition is a stipulation essential to the main purpose of the contract. It is very vital to the existence of the contract. It is regarded as the very basis or foundation of the contract. In case there is a breach of condition , the aggrieved party gets the right to treat the contract as void and can claim damages. Giving an illustration: A wants to purchase a horse form B, which can run at a sped of 55km/hr. B pointing out a particular horse says ‘this horse will suit you. But later after purchasing the horse, A finds that the horse can run at a speed of 40km/hr. This is a breach of condition because the stipulation made by the seller forms the very basis of the contract. WARRANTY: According to Section 12(3) of the Act, â€Å"Warranty’ is a stipulation collateral to the main purpose of the contract, the breach of which gives the aggrieved party a right to sue for damages only, and not to avoid the contract itself†. A warranty is called an ‘express warranty’ when cush a warranty is expressed clearly in writing.A warranty is a stipulation subsidiary to the main purpose of the contract. It is not so vital to the existence of the contract as a condition. It is not regarded as the very basis of foundation of the contract. If there is a breach of warranty, the aggrieved party cannot treat the contract as void. He can only claim damages. As per Halsbury’s Laws of England, â€Å"A contract may contain conditions and warranties. A conditions is a stipulation which is fundamental to the contract, whereas a warranty is a provision which is subsidiary or collateral to the main purpose of the contract.The question whether a particular stipulation is a condition or warranty depends upon the intention of the parties to be ascertained in the case of a written contract from the documents and in the case of an oral contract from the surrounding circumstances. Giving an illustrations: A man buys a particular horse, which is warranted to be quiet to ride and drive. The horse turns out to be Vicious, the buyer’s only remedy is to claim damages. This is a breach of warranty, because the stipulation made by the seller was only a collateral one.DIFFERENCES B ETWEEN CONDITIONS AND WARRANTIES; Basis of Differences:Condition:Warranty: Nature-A condition is essential to the main purpose of the contract. It is only collateral to the main purpose of the contract.  ¬As to Breach-Here, the aggrieved party can repudiate the contract and exempted from performance and can claim damages also. Here, the aggrieved party cannot rescind the contract, but can claim damages only. Treatment-A breach of contract may be treated as a breach of warranty.A breach of warranty cannot be treated as a breach of condition. Root of the Contract-A condition goes direct to the root of the contract. A warranty does not go direct to the root of the contract. As of Effect-Condition is one something agreed upon as a requisite to the doing or taking effect of something else, a thing on whose fulfilment another thing or act is made to depend; a stipulation or provision; mode or state of being, state in which a thing exists. Warranty is a guarantee or security that goods a re of the quality stated.It is a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant or secure the bargainee and his heirs, against all men for the enjoying of the thing granted. WHEN CONDITION IS CONSIDERED AS WARRANTY: In Maruti Udyog Ltd. vs Susheel Kumar Galigotra case, the complainant had a defect in the manufacturing of the car purchased by him and requested for a replacement. In this case, we see that the terms clearly referred to replacement of defective part and not the replacement of car.The High Court order for a replacement of car but the Supreme Court held that the order of the High Court was not proper and entitled the complainant to get replacement of defective part at the cost of appellant. In addition to this, the Supreme Court awarded Rs. 50,000/- for the inconvenience caused to the purchaser. As per Section 13 of the Sale of Goods Act, Condition is as warranty treated under the following circumstances; Where a contract of sale is su bject to any condition to be fulfilled by the seller, the buyer may aive the condition or elect to treat the breach of the condition as a breach of warranty and not as a ground for treating the contract as repudiated. In this section it mentions that, either party may â€Å"voluntarily waive a stipulation† which is for the benefit of the party. Although, the benefit of parties may be waived by mutual consent. In other case, where a horse was sold with a warranty of soundness, held that the mere fact of the buyer getting a veterinary doctor’s certificate as to the soundness of the horse, will not amount to waiver of the warranty.Once, the buyer waives the condition he cannot afterwards compel the performance and on this ground cannot also repudiate the contract. 1. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of the contract, express or implied, to that effect.This section is subject to two conditions. In the first place this is possible only when the contract is not severable. Secondly, there is nothing in the contract which expressly or impliedly provides the contrary. If these two conditions are satisfied the buyer may elect to treat the breach of condition as a breach of warranty. 2. Nothing in this section shall affect the case of any condition or warranty fulfilment of which is excused by law by reason of impossibility or otherwise.Thus, when condition is being reduced to the level of warranty, the right to reject the goods has been loses by the buyer, that he shall have to be content to the remedy of damages for the breach of condition. When a condition in the contract of sale has not been fulfil (i. e. fails to perform the condition) by the seller, then it is the right of the buyer t o waive the condition as a breach of warranty. The consent depends upon the buyer and not of the seller.In Wallis vs Pratt case one of the clauses of a contract of a sale by sample of a seed called â€Å"Common English Saifoin†, as per a condition sellers gave the warranty express or implied, as to growth description or any other matters. Instead of delivering â€Å"Common English Saifon†, the sellers delivered another seed called â€Å"giant saifoin† but it could be discovered only after sowing. The said seeds were sold by the buyer to a third party who after sowing discovered that the seeds were in fact â€Å"giant saifoin† whose market value was much lower. Since the seeds had lready been sold to the third party. They were thus accepted, it was held that the buyer had to pay damages to the said third party. In an action brought against the seller, it was held by the House of Lords that the sellers were bound to pay damages. Delivering the judgment it w as held that a buyer may treat a breach of condition as a breach of warranty. In this case Fletcher Mouton LJ said that, â€Å"it will be seen, therefore, that a condition and a warranty are alike obligations under a contract, a breach of which entitles the other contracting party to damages.However, in the cases of breach of condition, he has the option of another and a higher remedy, namely, that of treating the contract as repudiated. But as i have said, he must act promptly if he desires to avail himself of this higher remedy in Section 11, sub-section 1(c), two cases are given in which he will be deemed as matter of law to have elected to content himself with his right to damages. The two cases named are the case where the buyer has accepted the goods or part thereof and the case where the contract is for specific goods, the property in which it has passed to the buyer.I see no reason to suppose that the Act intends that these should be the only modes in which a buyer can effe ctively bar himself from taking advantage of the choice of remedies given in the case of a breach of a condition, but that is a pint which it is not necessary to discuss in the present case. In the same case, Lord Loreburn L. C. , observed: â€Å"If a man agrees to sell something of a particular description he cannot require the buyer to take something which is of a different description and a sale of goods by description implies a condition that the goods shall correspond to it.But, if a thing of a different description is accepted in the belief that it is according to the contract, then the buyer cannot return it after having accepted it; but he may treat the breach of the condition as if it was a breach of warranty or that what was a condition in reality had come to be degraded or converted into a warranty. It does not become degraded into a warranty ab-initio, but the injured party may treat as if it had become so, and he becomes entitled to the remedies which attach to a breac h of warranty.EXPRESS & IMPLIED CONDITIONS AND WARRANTIES: Conditions and warranties may be either- a) Express or b) Implied. When any stipulation is inserted in the contract at the will of the parties, it is said to be expressed conditions and warranties. The implied conditions and warranties, are those which are presumed by law to be present in the contract though they have not been put into it in expressed words. Express conditions and warranties are those which are entered in clear words in the contract. They are expressly provided in the contract of sale.Implied conditions and warranties are those which the law incorporates into the contract unless the parties agree to the contrary. They may, however, be cancelled or varied by an express agreement or by the course of the dealings between the parties or by usage and custom of trade. Implied conditions are dealt within Section 14 to 17 of the Sale of Goods Act, 1930, it is binding in every contract of sale unless they are inconsi stent with any express conditions and warranties agreed to by the parties. Regarding implied undertaking as to title, etc.. section 14 of the Act provides, â€Å" In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is; a)An implied condition on the part of the seller that, in the case of sale, he has a right to sell the goods and that, in the case of any agreement to sell, he will have a right to sell the goods at the time when the property is to pass; b)An implied warranty that the buyer shall have and enjoy quiet possession of the goods; c)An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made. In every contract of sale, the first implied condition on the part of the seller is that- a)In case of a sale, he has a right to sell the goods. b)In the case of an agreement to sell, he will hav e right to sell the goods at the time when the property is to pass. The Buyer is entitled to reject the goods and to recover the price, if the title turns out to be defection as per Section 14(a) of the Act. Implied Condition: In the absence of any contract to the contrary, the following conditions are implied in every contract of sale of goods: Condition as to title: as per section 14(a) of the Sale of Goods Act, in a contract of sale, there is an implied condition on the part of the seller that, in the case of a sale, he as a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass. This condition is called a ‘Condition as to title’. If the seller has no right to sell the goods and the buyer has to return them to the owner, the buyer can recover the price from the seller, because the consideration has failed. In Dickenson Vs Naul case it was observed that if the buyer having bought the goods from a seller took the delivery of the same but was compelled to pay the price to the true owner, he was not bound to pay the price to his seller, who sold the goods without having a right to sell the same.If the title turns to be defective, the seller shall be held responsible. The buyer is entitled to repudiate the contract and to claim the price to be returned to him. Regarding sale by description: Section 15 of the Act provides, â€Å"Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description; and, if the sale is by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description. † . To apply this section it is necessary that- 1)There should be a sale by description and 2)The goods should correspond with the description.Though the word â€Å"description† has not been defined in the Act, we can simply understood that description means a particular kinds or variety of goods. A sale by description contained variety of situations. Lord Wright, said in Grant Vs Australian Knitting Mills ; â€Å"It may also be pointed out that there is a sale by description even though the buyer is buying something displayed before him on the counter: a thing is sold by description, though it is specific, so long as it is sold not merely as the specific thing, but as thing corresponding to a description. † A sale by description also includes the statement which is necessary to establish the identity of goods. In relations to section 16 of the Act, regarding Condition as to Quality or Fitness.This section is based on the principle that is the duty of the buyer to satisfy himself that the goods to be bargained are fit to his purpose rather it is saleable, or if, the buyer purchases the goods for specific purpose it is his duty to ensure before the purchase that the goods in sale are suitable for the particular purpose, including the quality or fitness for the particular purpose. To fit within Section 16(1) of the Act, the following conditions are to be satisfied: -if the buyer had made known to the seller the purpose of his purchase, and -the buyer relied on the seller’s skill and judgement, and -seller’s business to supply goods of that description Giving an illustration: A’ purchased a hot water bottle from a chemist. The bottle burst and injured his wife.Held, breach of condition as to fitness was committed and thus chemist was liable for refund of price and the damages. Condition As To Merchantability: This condition is implied only where the sale is by description and the goods should be of ‘merchantable quality’ i. e. the goods must be such as are reasonably saleable under the description by which they are known in the market. Section 16(3) of the Act which provides that â€Å"An implied warran ty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade†. It is very clear that in commercial transactions in respect of particular trade usage and custom there would be an implied warranty or condition as to quality or fitness.Thus, custom and usage is admissible to annex incidents to written contracts, in matters with respect ot which they are silent. In such matters the parties make reference to there known usages. In Jones Vs Bowden , where it was usual in the sale by auction of drugs, if they were sea-damaged, to express that in the seller’s catalogue. The seller in this case exhibited samples of the quality, but did not disclose that they were sea-damaged. It was held that this was equivalent to saying that they were not sea-damaged. Thus, this exception is contained in the illustrated case, but, custom and usage which affect the parties, should not be unreasonable.The custom should not be inconsistent with the expres s terms of the contract. Thus, while dealing with the implied conditions under section 16(2) and Section 16(3) of the Act, the quality or fitness of goods for a particular purpose is determined by the usage of trade and annexed to the contract of sale. Section 16(4) of the Act provides that, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith†. It is at he option of the parties to include any express warranties or conditions during contract of sale, however, such warranties or conditions should not be contrary to any warranties or conditions implied by the Act.The express terms of contract would not be inconsistent with the implied conditions. Thus, the goods passed by inspection of East India Company, did not exclude merchantableness. Condition as to Wholesomeness: The Sale of goods Act has provided no separate section with respect to the matter of wholesomeness. In the case of eatables and provis ions, in addition to the implied condition as to merchantability, there is another implied condition that the goods shall be wholesome. In other words, the goods must be free from any defect which make them unfit for human consumption. In Frost Vs Aylesbury Dairy & Co. Ltd. , case milk was supplied by a milk dealer and A went to him and bought milk for family use.The milk dealer assured that the milk was free from the germs of disease. But the milk contained germs of typhoid and buyer’s wife died. The milk as not being fit for use, the milk dealer was held liable for damages. Sale by sample(Section 17): In a contract of sale by sample, there is an implied condition that- a)The bulk shall correspond with the sample in quality; b)The buyer shall have a reasonable opportunity of comparing the bulk with the sample, and c)The goods shall be free from any defect rendering them un-merchantable, which would not be apparent on reasonable examination of the sample. Example: A company s old certain shoes made of special sole by sample for the French Army.The shoes were found to contain paper not discoverable by ordinary inspection. Held, the buyer was entitled to the refund of the price plus damages. Sale by sample as well as by description: Where the goods are sold by sample as well as by description the implied condition is that the bulk of the goods supplied must correspond both with the sample and the description. In case the goods correspond with the sample but don’t tally with the description or vice versa, the buyer can repudiate the contract. Giving an illustration: A agreed with B to sell certain oil described as refined rape seed oil, warranted only equal to sample. The goods tendered were equal to sample, but contained a mixture of hemp oil.B can reject the goods. Implied Warranties: A condition may reach to the level of a warranty in cases where buyer is content with his right of damages or cannot reject the goods. The examination of Section 14 a nd 16 of the Sale of Goods Act, 1930 disclosed the following implied warranties: Warranty as to undisturbed possession[Section 14(b)]: An implied warranty that the buyer shall have and enjoy quiet possession of the goods. That is to say, if the buyer having got possession of the goods, is later on disturbed in his possession, he is entitled to sue the seller for the breach of the warranty. In Mason Vs Burmingham , A purchased a second hand typewriter from B.B spent money to repair it to bring it in order. As the typewriter was a stolen one. A was compelled to return the same to its true owner. It was held that B had made a breach of warranty implied in a contract of sale of goods that the buyer should have and enjoy quiet possession of the goods. A was entitled to recover the sum given to B and also the repair charges from B. Warranty of freedom from Encumbrances[section 14(c)]: An implied warranty that the goods shall be free from any charge or encumbrance in favour of any third pa rty not declared or known to the buyer before or at the time the contract is entered into. In Niblett Vs Confectioner’s Materials Co. on a sale of 3000 tins of preserved milk labelled ‘Nissly brand’, the customs authorities destroyed the labels on the ground of an infringement of a trade mark and handed the tins without labels. It was held that the buyer could either reject the goods or claim damages on the basis of the reduced sale value. Disclosure of dangerous nature of goods: There is an implied warranty on the part of the seller in case of the goods, inherently dangerous or they are likely to be dangerous to the buyer and the buyer is ignorant of the danger, the seller must warn the buyer of the probable danger. If there is breach of this warranty, the seller will be liable in damages.In Clarke Vs Army and Navy Co-operative Society ,C purchases a tin of disinfectant powder from A. A knows that the lid of the tin is defective and if opened without care it may be dangerous, but tells nothing to C. As C opens the tin causes injury. A is liable in damages to C as he should warned C of the probable danger. Warranty as to quality or fitness by usage of trade: As per section 16(3) of the Act, an implied warranty as to quality or fitness for a particular purpose may be annexed by the usage of trade. In Jones Vs Bowden a warranty against sea water damage was recognized on the score of trade usage. Giving an illustrations: A drugs was sold by an auction and according to the usage of trade.It was to disclose in advance any sea-damage, otherwise it will be taken as a breach of warranty if no such disclosure has been made and the goods found to be defective. EXCLUSION OF IMPLIED CONDITIONS AND WARRANTIES: In accordance to section 16(4) of the Act, â€Å"An express warranty or condition does not negative a warranty or condition implied by this Act unless inconsistent therewith. † That means that when the parties expressly agree to such stipul ation and the same are inconsistent with the implied conditions and warranties, the express conditions or warranties will prevail and the implied ones, mentioned in Sections 14 to 17 would be negative. An express warranty is generally obtained for extra protection of the buyer and not to limit the liability of the seller.In Baldry Vs Marshall, it was observed that in the case of the sale of a car and where the condition was that it must be reasonably fit as a touring car to such stipulation may added the condition as to its fitness for a particular purpose or as to it merchantable quality. An action may be founded in such cases on the covenant without need to rely on the implied warranty or condition. CONCLUSION: Condition and Warranties forms a significant part in the Sale of goods Act 1930, which mainly dealt from section 11 to section 17 of the Act. Every contract of sale contains a number of representations or terms or stipulations or statements regarding nature, price and quali ty of goods. The sale of Goods Act deals with two types of stipulations relating to contract of sale namely stipulations as to(Section 11) and stipulations as to goods(section 12-17).A condition is a major term which is vital to the main purpose of the contract, whereas, warranty is a less important term that it does not go to the root of the contract. Both conditions and warranties has express and implied conditions/warranties. BIBLIOGRAPHY 1. Agrawal, R. K. Legal Dictionary, Pioneer Printers, Agra, 21st Revised & Enlarged Edition, 2010 2. Dr. Kapoor, S. K. Contract II, Central Law Agency, 13th Edition 2012 3. Dr. Tripathi, S. C. The Sale of Goods Act, Act No. III of 1930, Central Law Publications, Second Edition 2010 4. Myneni S. R. , Contract II(Special Contract), Asia Law House, 1st Edition 2010-2011 5. Conditions and Warranty â€Å"http://www. lawteacher. net/contract-law/essays/sales-condition-warranty. php†

Setting Paper Size in a LaTeX Document

Setting Paper Size in a LaTeX Document Setting Paper Size in a LaTeX Document When creating a LaTeX document, you need to set a document class. Each class in LaTeX, such as â€Å"article† or â€Å"report,† has a default setting for its paper size. And if you need to change this, you will need to use the document class options. Let’s take a look at how this works. Setting Document Class Options First, let’s look at how to set document class options in LaTeX. To begin with, you need to set the document class with the following tag: By itself, this will create a document using the default settings for that class. To adjust these settings, you will need extra markup in square brackets: Your choices here will then be applied to the whole document. As shown above, you can also change multiple document elements by adding a comma between each option. And one thing you can change here is the paper size. Setting the Paper Size in LaTeX Depending on the distribution you’re using, the default paper size for most LaTeX templates will be either letter paper (US) or A4 (Europe). This should be fine in most cases, but you can also specify a paper size when you set the document class. For example, to use A5-size pages, we would write: All versions of LaTeX offer several options here as standard: A4 paper [a4paper] A5 paper [a5paper] B5 paper [b5paper] Letter paper [letterpaper] Executive paper [executivepaper] Legal paper [legalpaper] To use any of these paper sizes, simply add the required markup (as shown in square brackets) when you set the document class. These settings should cover most situations. But if you need more control over page size, you can download the LaTeX geometry package. Other Paper Sizes and the Geometry Package The geometry package offers a range of extra ways to customize your global page options in LaTeX, including other paper sizes. To use these, you will need a new line of markup after the \documentclass line: Here, for instance, the second line tells the geometry package to set the paper size to A1. You can do this for most standard paper sizes, including A, B and C series paper sizes (e.g., A1, B4, C5); and ANSI paper sizes. So no matter what kind of document you’re creating, you should find a setting in the geometry package that will meet your needs.

trepanation essays

trepanation essays Trepanation is the practice of making a hole in the skull. It is the oldest surgical procedure practiced by mankind (ITAG introduction). Archaeologists have found trepanned skulls dating back to 3000 B.C. Hippocrates, who is considered to be the father of medicine, wrote On Injuries of the Head endorsed trepanation for the treatment of head wounds in 400 B.C. (Bowen). Edward M. Margetts stated, The word trepanation comes from the Greek trypanon, meaning a borer, and dates back to classic times. The more recent term trephination affords a variant, and is derived from the French. Basically to trepan is to bore a hole in the skull. This hole is usually made by scraping, rasping, drilling, cutting, or sawing into the skull). Historically, many cultures practiced trepanation. In 1829, in Polynesia, a missionary by the name of William Ellis reported that trepanation was used to repair bony deficiencies in the skull by replacing the bone with a piece of coconut shell. This is not true trepanation because they did not make the hole or depression in the skull. In Tahiti, trepanation was performed using a sharks tooth. The tahunas, or priests performed this procedure. In North America, trepanation was common before the white man came. It has been recorded in Alaska, British Columbia, the United States, and Mexico. One missionary reported that a British Columbian Indian came up to him, carrying a brace and a bit, begging him to bore a hole in his skull to let out the evil spirits that were causing him headaches. There are also more than a dozen trepanned skulls from British Columbian sites. In England, up until about 1900, trepanation was a common surgical practice. It was performed to treat fractures of the skull, head injuries, various headaches, epilepsy and mental problems. Throughout Africa trepanation was commonplace procedure. In Libya, children at the age...

Sex and Gender Identity Essay Example | Topics and Well Written Essays - 1000 words

Sex and Gender Identity - Essay Example Nowadays it has become obvious that such 'typical' sexual features as height, weight, musculature and sinews are a great deal less connected with sex than it had consider to be. Aside from men and women biological distinctions there is a division of their social roles, forms of activities, difference in their behavior and emotional characteristics. Long ago anthropologists, ethnographers, and historians have ascertained in relativity of 'typically man' and 'typically women' notions. The point is that the same activity (behavior, characteristic), which in one community is regarded as manlike, may be treated as womanish in the other. The world's variety of social characteristics of both men and women and fundamental sameness of human beings' biological characteristics brings us to a conclusion that biological sex can not be taken as an explanation to dissimilarity of their social roles, existing in different communities. Accordingly the notion of gender as summation of social and cultural norms, which are appointed by the society depending on the biological sex of individual, comes into being. Let us consider two articles: 'Sex and Gender Identity' written by Jami L. Anderson, who states that we should reject biological essentialism and turn to the idea that sex categories are socially constructed, and 'The Five Sexes' written by Ann Fausto-Sterling, claiming that it is time to challenge the man and women division. On studying the phenomenon of sex, Anderson throws discredit upon the conception of biological essentialism, which considers the categories of man and women as some biological categories, and according to which in order to qualify a human's sex, one should examine a human's body. Biological essentialist suggest the following definitions of sex categories man and woman: A man is a human with a penis and testes A woman is a human with ovaries and a uterus Anderson points out the weak sides of these definitions. First of all, there are cases when people are born with testes and some aspects of female genitalia, and on the contrary some are born with ovaries and some aspects of male genitalia. So in such cases we cannot refer such people to any of these categories. More over there is a great number of women, who had to have hysterectomies in order to treat ovarian cancer. This notwithstanding they remain to be women. The same can be said about men, who have their testicles removed to deal with testicular cancer.Some biological essentianalists may contest that chromosomes may be used as a key-determinant of sex category. Herewith they suggest the following definitions of sex categories man and woman: A man is a human with XY chromosomes A woman is a human with XX chromosomes Anderson claims that these definitions are also a matter of argument, as 'it has been estimated that as many as 4 % of the world's population have a karotype other than XX or XY'. That is why the author states that the only way to make theses definitions exhaustive is to add another category: An intersexed person is a human with a karotype other than XX or XY.The author proposes us to consider sex categories as not biological ones, but as social categories. According to Anderson, both self- and other-identification play an important part in determining one's sex. Here we deal with gender, which main categories are

Cultural Tourism in QUB Essay Example | Topics and Well Written Essays - 2750 words

Cultural Tourism in QUB - Essay Example This essay stresses that cultural tourism takes place both in urban and rural areas. Most urban destinations are especially cities with long histories preserved in buildings, museaums and theatres. Tourism in rural areas mostly showcases the traditions of indigenous communities including festivals, rituals, beliefs, value systems and lifestyle in general. Queens University Belfast is has a well-established network comprising students, staff, alumni and other interested parties. This network thrives on the basis of a well-established continuous interaction system. This network constitutes a significant equity that makes it not just an institution but also a well-known brand throughout the UK and internationally. This equity is further enhanced by the buildings and general environment of the university that is attractive both to visitors and potential students. This paper makes a conclusion that Queens University Belfast has so far done a good job in promoting itself as a brand equity for cultural tourism. With improvements, especially on formal advertising, it can create a stronger brand which will work even better for it. Though such an effort must not be taken at cross purposes with its academic programs, it is still necessary to build a stronger brand. The university itself is so strategically located that such an effort wiuld be of great benefit to it. So what they have done so far is commendable, but there is indeed room for improvement.