Contract Law Legal Advice Example

Contract Law Legal Advice Example Legal Advice 1. The shop is relying on an exemption clause.   Customer A is likely to have a remedy against the shop under schedule 3 of the Unfair Terms in Consumer Contracts Regulations (1999) which disallows a business to exclude a consumer’s legal rights.   In this instance, customer A may seek provision under the Sale of Goods Act 1979 s 14 (2) (goods must be of satisfactory quality) as amended by the Sale of Goods Act 1994 if the shop does not assist her. 2.   Customer B may be able to rely on undue influence, the main case being National Westminster Bank v Morgan where it was held the claimant must not suffer from manifest disadvantage.   Undue influence simply means unfair pressure on a party when forming a contract.   The shop may argue there was no special relationship between the parties, in which case it is for customer B to prove this (Williams v Bayley).   Following the decision in Lloyds Bank v Bundy, the question may be whether there was ‘inequality of bargaining strength’ the shop acted as an agency for the HP financers.   In this case, the creditor (financers) may be unable to enforce the contract against customer B (Kingsnorth Trust v Bell) if customer B can successfully plea undue influence then the contract may be rendered voidable (set aside). 3.   In relation to customer C, she may be able to rely on the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994, which states under s.13, that the goods must be as described (see: Beale v Taylor).   There must be a reliance on the description of goods as decided in: Grant v Australian Knitting Mills Ltd, but in this instance the customer is entitled to a remedy against the shop. 4.   Customer D is seeking to bring a complaint for fraudulent misrepresentation under the Misrepresentation Act 1967.   Stating that the childminders were qualified is a false statement of fact (Bisset v Wilkinson).   Defined in Derry v Peek, fraudulent misrepresentation is a statement where there are several factors, one of which is a ‘reckless statement made without caring whether it was true or not’.   In this instance, the shop is liable for all damages, including all loss, to the customer (Smith New Court Securities v Scrimgeour Vickers).   5. Neighbours are seeking to complain over a private nuisance. It can be defined as: â€Å"continuous, unlawful and indirect interference with a person’s enjoyment of land†Ã‚   Balance must be stuck between conflicting interests, namely the shop needing its deliveries and the neighbours’ peace in the morning.   Has the duration being continuous? (Bolton v Stone)   The shop being aware of the problem, if it fails to address the issue, then it may be liable for nuisance (Leakey v National Trust). 6.   The shop has a duty of care under the Occupier’s Liability Act 1957, s 2 (1) towards visitors, in this case invitees to the shop (s. 1 (2)).   The shop must take ‘reasonable steps to inform a visitor that an area is out of bounds.   It did so in this case, with the notice on the door.  Ã‚   Under s. 2 (3) (a) of the OLA 1957, the shop must be prepared for children to be less careful than an adult.   However, the shop is entitled to be assured that the behaviour of a young child should be supervised by an adult (Phipps v Rochester Corporation).   Therefore, this part of the claim may fail since the mother did not keep her child under supervision. In relation to her claim for nervous shock, there is a 3 stage test as outlined in Alcock v Chief Constable of South Yorkshire Police, namely: a). Was the mother in sufficient proximate time and space to the incident?   b) There must be close ties of love and affection to the victim c) The claimant must have seen or heard the incident or its immediate aftermath.   As all these answers are in the affirmative, then it is likely this part of the claim may be successful against the store. 7.   The shop is liable for injury to F under the Employer’s Liability Act 1969, s1. F is no longer required to pursue the manufacturer as the shop has informed her, although she may do so if she wishes.   F (employee) must show: a) That the defect in the equipment caused the accident and b) That the defect was due to a fault in the manufacture. In this part, the employer is liable directly to F. With F’s claims for bullying, the shop is liable under vicarious liability, since this is a tort by an employee acting in the course of their employment.   A noted case for this was outlined in Jones v Tower Boot Co 8.   An advertisement is an invitation to treat, where the customer makes an offer to buy (Partridge v Crittenden).   There may only be revocation of an offer where response is made to an invitation to treat (Payne v Cave).   In this case the customer accepted the terms of the offer and is entitled to the goods as stated (Lefkowitz v Great Minneapolis Surplus Stores).   9. The shop is liable under the Consumer Protection Act 1987.   The fact that H’s sister did not make the contract is irrelevant as the case of Stennett v Hancock illustrated that a duty of care is owed to a person receiving presents from the original buyer (H). Under s. 2 (1) of the CPA 1987, the supplier (shop) is liable, since the customer cannot identify or contact the manufacturer.   10.   The shop owes K a duty of care as outlined in the ‘neighbour’ principle of Donoghue v Stevenson.   To prove negligence, there must have been a duty, that duty was breached and causation. Therefore, the shop is negligent in this case.   Also, K may have a claim under the Consumer Protection Act 1987 which places strict liability on anyone in the distribution food chain where a consumer suffers harm. 11.   This contract is frustrated.   In the case of Taylor v Caldwell, it was determined that where a contract depends on a given thing (in this case 100 copper saucepans), and there is impossibility of performance of the contract, then the performance should be excused.   Both parties are discharged from further performance in this case as the supplier cannot supply the order requested. 12.   Part payment of a debt can never be satisfaction for the whole payment as outlined in Pinnel’s Case (1602).   This has since been confirmed in Foakes v Beer and Re Selectmove.   Further, if the money is unable to be recovered at a later date, the doctrine of promissory estoppel applies where further rights to recover the remaining sum will be extinguished (High Trees case) 13.   This is a case of pure economic loss.   The negligent driver does not owe a duty of care to the shop as there was no damage to the shop’s property (Spartan Steel v Martin).   Based on policy guidelines, the loss of profit to the shop is ‘non-recoverable’ to avoid the driver from a ‘crushing liability’. 14.   This is a negligent statement on the part of the accountants.   In Hedley Byrne v Heller, the House of Lords held that a ‘high degree of proximity or closeness of relationship is required, and for liability to arise, a special relationship has to be shown between the maker of the statement and the person who relied on it.’   XYZ should be able to sue the accountants. Bibliography Charman, M, (2002), Contract Law, 2nd edn, London, Willan Publishing Giliker, P and Beckwith, S., (2004) Tort, 2nd edn, London, Sweet and Maxwell Martin, J and Turner, C., (2001) Contract Law, London, Hodder Stoughton Martin, J and Turner, C., (2001) Tort Law, London, Hodder Stoughton Richards, P, (2002), Law of Contract, 5th edn, London, Longman Publishing

The Mohawk Indians

For this project, i choose to write about the Mohawk Indians. These native americans are are group of fierce warriors, where both men and women had vital roles. They were orginally apart of Iroquois Confederation, which included various tribes in the north eastern territory of the United States. They are also one of the most famous and surviving native americans. They were unique and had different traditions. The Mohawks were located in the area, which, now we call New York. This in in the North eastren part of the United States. Altough other tribes resisded in the area, they took up most of the territorty. These Native Americans had many ways to live. There homes, were what we call today longhouses. They were extremely long in the back and were made up of berch and elm bark. To travel the Mohawks had two types of canoes, one made of elm bark which was fast and the other a dugout canoe which could carry many people but was much slower. They also relied on dogs as there pack animals, and in the snow they tied them to sleds to help them get around. The women of the tribe were known as â€Å"clan leaders† because they made all the descions about land and resouces. The men who were Mohawk chiefs made the miltary rulings such as engaging in war. They were only allowed to represent the tribe. There clothing was very tradional. The men wore breecloths with leggings, while woman wore wrap around dresses with shorter leggings. There name, is represented in there hairstyle displayed by men. They mostly had shaved heads except for there mohawks dressed up with feathers or roaches. The women only cut there hair when they were in mourning, and their daily hair was long and in a braid. Childrens roles in the tribes is very different then todays. They went hunting and fishing with there fathers and had plenty of chores. But on the other hand, they did have some time for fun. The girls usually played with there cornhusks dolls, while the boys either played the sport lacrosse or tried to throw a dart through a moving hoop. Mohawk music was based around mainly two insturments. The drums and the flute. The Drums were if not all the time filled with water , mostly to give it a different style and sound. The flutes were used to seduce the women in the tribe, while playing it, it would show he was thinking about a girl. There religion, or more so beliefs were of nature and of everyones sprirt. They belived in wind spirts, the three sisters ( corn, squash, and beans) to help with crops, the thunderer, and the creator twins. The Mohawks are also famous for the myth of the orgin of the rabbit dance, where the native americans used there drums and made a certain sound and all the rabbits came and danced around them. They also known also for there mask making and pottery, the masks they make were so important to them that outsiders may not be permitted to look at them. Just like many other native americans they used bow and arrows to hunt, in battle they used bows and arrows, and clubs and spears. To fish the men used spears and fishing poles. They are so skilled in steaming wood that they made knives and even today the survining members create lacrosse sticks. In conclusion, the Mohawks are a name we know them as, and also there enimies. They were belived to be cannibals but it is not certain. Its said they would eat the warriors there were up against if they won. But they called themselves the Kanienkehaka, or people of the flint. They were a truly restless group and by becoming apart of irqouis nation, they were allowed to thrive and continue there traditions.

The Failure Behind American International Group Finance Essay - Free Essay Example

Sample details Pages: 10 Words: 2882 Downloads: 1 Date added: 2017/06/26 Category Finance Essay Type Research paper Did you like this example? What happened and Why it happened? AIG and its subsequent failure are one of, if not the most well-known company failures in financial history. Of the more recent bankruptcies filed for companies like Enron and Worldcom, the effects and unforeseeable consequences of the failure of a company like AIG would be much more widespread and felt by many more Americans at the lay person level. AIG is primarily an insurance company that sells Property casualty, life, and travel insurance to customers the world over. Don’t waste time! Our writers will create an original "The Failure Behind American International Group Finance Essay" essay for you Create order However, there was another arm to the company known as AIG FP or American International Group Financial Products division. This division dealt in the financial markets as more than an intermediary, but actually as a trader. The most publicized and understood version of what happened at AIG is that the federal government bailed them out. The term bailout has come to be understood as a final resort transaction with no official means of repayment or penalty. However, this simply is not what happened. The truth of the matter is that AIG deviated from its core business of insurance and the profit margins that come with the premium to risk spread. A great majority of the equity that had existed in AIG came from the sale of credit default swap contracts through the financial products division. These contracts had implicit assumptions of quality and of financial stability. These stipulations in the contracts warranted that if the credit rating of AIG fell, the risk of the counterparties w ent up significantly and that there must be compensation for this. The basic product underlying all of these contracts was the ever popularized Asset Backed Security, or, to be more specific, the ABS CDO or collateralized debt obligation. As almost any American would be able to tell you, at this time in 2008, these asset backed securities were based on defaulting mortgages. Credit default swaps can be lucrative when defaults are low, however, the agreements can quickly cost a company billions if defaults increase sharply. Some of the most interesting information of the entire financial crisis comes from AIG and more specifically from the Financial Products Division. This division was an almost infinitesimal piece of AIG in terms of real estate occupied and employees present. However, it was out of this small setting that Joseph Cassano and his employees issued credit default swaps on over $441 billion in securities that were originally rated AAA. This refers to the tranches that were created for the asset backed securities and more specifically the senior tranche, or least risky. The problem here is that when the company reorganized its tranches to be able to sell more of the repackaged security, they simply upgraded the Mezzanine tranche to Senior, so as to increase the credit worthiness of the security that they were selling. Of the $441 billion of securities traded by the financial products division, over $57.8 billion were based in subprime loans (Pittman). In 2008, this is exactly what happened to AIG and their Financial Products division. In 2007, AIG FP lost more than $10 billion and by the end of the second quarter of 2008 they had lost an even more impressive $17 billion in that division alone. This investment portfolio was significantly more risk seeking than any of the other investment portfolios of AIG, however, these were the most toxic at the time. Due to the overwhelming losses to AIGs capital reserves, they began to be the subjects of inc reased scrutiny by the SEC as well as credit rating agencies such as Moodys and Standard Poors. The rating agencies quickly downgraded the company and its Credit Rating (SP), causing AIG to have to fulfill the requirements of their Credit Default Swap contracts and costing the company over $13 billion dollars of its capital reserves. After the requirement to pay, the company was seen as almost being insolvent. The limits of their liquidity crisis were fast approaching bankruptcy. This is where the story begins for most people, and where the term Government Bailout comes into play. After the downgrading of their credit and the falling of AIG stock price from a 12 month average of approximately $70/share to $1.25 on September 14, 2008, the federal government attempted to get a private loan for AIG to stay liquid and above water during the financial crisis at one of its worst moments. JP Morgan Chase and Goldman Sachs were called upon to try to finance the deal. This was unsuccessf ul, but the government wanted to find out if there would be widespread effects to the failure of a corporate giant such as AIG. Morgan Stanley was hired to assess the systematic risks associated with failure of such a large company. Not only did AIG effect the lives of more common Americans than companies such as Goldman Sachs, but the counterparties involved in their Credit Default Swap contracts stood to lose upwards of $180 billion dollars if the company was to go under. Below is the highly sought after schedule A, or list of derivative contracts. Schedule A (Derivative and off balance sheet instruments) After all was said and done, the company entered into a 24 month secured credit facility that AIG could access up to $85 billion from. The loan was secured by AIGs assets including the non-regulated Financial Products division. It came at a cost of LIBOR +8.5% to AIG (Gretchen Morgensen). The federal government received stock warrants for 79.9% of the company as a result of this deal and later increased its ownership stake to approximately 91.2% after purchasing a second round of $40 billion with the Troubled Asset Relief Program. This is seen as the government bailout. In the most simplistic sense, the government took action that it had to to keep the financial system from suffering massive losses to AIG and its counterparties in their Credit Default Swaps as well as the millions of other Americans that are affected by AIG and its subsidiaries on a daily basis. This is why AIG was given the attention and capital that it so desperately required and companies such as Goldman Sach s were allowed to fail. Was it Preventable and How? The AIG liquidity crisis and the numerous U.S. market failures can be attributed to the lack of affective government Regulation. Over the past few years regulation of Financial Institutions has been highlighted by the media and congressional action. This highly debated issue has been a major concern for decades as the financial industry continues to change and new financial products become created. The most recent market failure is mostly due to the expanding derivatives market and its role in the failure of numerous financial institutions including AIG. Past regulation legislation has clearly failed in properly regulating the new derivatives market and preventing firms from harming the overall U.S. market. New regulation is now in the process of being created to update the current Regulatory institutions so that they are able to accommodate the new financial products and protect the U.S. market / economy. The financial industry has drastically changed over the past few decades. With the creation of computer trading, complex models and derivatives the job of regulating financial institutions has become far more complex. One of the first government actions to control these institutions from potentially harming the overall economy was the creation of the Glass-Steagall Act of 1932. This legislation was aimed at protecting depositors money and limiting the ways in which banks could invest their deposits. By eliminating full service Universal banking the government believed that it could prevent another financial catastrophe after the great depression. Glass-Steagall however was repealed in 1999 and was followed by many de-regulatory actions. This era of de-regulation is what many think allowed the growth of reckless trading and speculative betting since government agencies were powerless to stop such actions. The failure of AIG is what really brought light towards the problems of government regulatory agencies. After the bailout people began to search for who was to blame for the companies collapse and the adverse affects it had on the economy. Since AIG is such a large corporation it was not clear initially who or what department was responsible for the extreme losses. The sub division called AIG Financial Products was found to be the main culprit for the collapse. This department was engaging in credit default swaps and risky derivatives trading. Since the company operated similar to a thrift the Federal Office of Thrift Supervision was viewed as the primary regulating agency. This agency was also responsible for regulating other failures such as Indymac and Washington Mutual. Once AIG began to fail extreme amount of pressure were put towards reforming the regulation system, Ben Bernake said, AIG exploited a huge gap in the regulatory system. Since the bailout the President and Congress have passed some legislation in hopes of preventing similar failures in the future. The Dodd-Frank act of 2010 is the main piece of regulatory legistation reform that has been passed since the financial collapse. In this act past laws including ones from the Glass-Steagall act are reinstated and combined with new reform in order to better regulate modern day financial companies. Included in Dodd-Frank is a section eliminating the Federal Office of Thrift Supervision, which was powerless to control and monitor large corporations like AIG. Many people compare AIG to their regulators as A super heavyweight boxer against a 13 year old boy. In order to give regulators more power the Dodd-Frank act created two more agencies, The Financial Stability Oversight Council and the Office of Financial Research. These 2 agencies were given the responsibilities from the previous office of thrift supervision along with other failed regulatory offices. The main change in regulation power came from the new ability for the regulators to monitor ANY risks to the U.S. financial system and the power to consult State regulatory offices overseein g insurance companies. Many other proposed laws have been discussed to further the financial security of the U.S. economy. One such rule is called the Volcker Rule which proposes that depository institutions should be prohibited from proprietary trading, much like in Glass-Steagall. As the economy continues to stabilize and grow regulatory legislation such as the Dodd-Frank act will become extremely important in order to prevent another great failure like AIG. The struggle between the free market economy and government regulation will continue to be a major source of debate for many years to come. Risk Management Errors We dont live in a world where conventional risk management textbooks prepare us. Not one firm forecast the true impact of the economic crisis and its consequences. These consequences continue to take business academics and tenured economist by surprise. The banks have multiplied the crisis because of the so-called risk management models, which increased their exposure to risk instead of limiting it and rendered the global economic system more unstable than ever. In the late 2000s many firms learned that instead of trying to anticipate low-probability, high-impact events, they should reduce their vulnerability to them. In August 2007 during a conference call with investors, many high-ranking AIG officials stressed the near zero risk probability of credit-default swaps. This was the first in many risk management errors. AIGs chief risk officer was quoted as saying the risk actually taken is very modest and remote. A credit default swap is a bilateral contract between the buyer and seller of protection. The CDS refers to a reference entity or reference obligor, usually a corporation or government. The reference entity is not a party to the contract. The protection buyer makes quarterly premium payments, the spread, to the protection seller. AIG did not understand the risk involved in these credit default swaps and that misunderstanding was largely in part to CEO Martin Sullivan. He was quoted as saying It is hard for us with, and without being flippant, to even see a scenario within any kind of realm of reason that would see us losing $1 in any of those transactionsÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€šÃ‚ ¦. We see no issues at all emerging. We see no dollar of loss associated with any of that business. The lack of knowledge and the massive amount of confidence lead AIG down the path to destruction. In November of 2007, AIG reported a $352 million unrealized loss from its credit-default swap portfolio, but to keep investors happy AIG was quoted as saying its highly unlikely that they would lose any money one the deals. Moving on to December AIG disclosed 1.10 billion in further unrealized losses to its swap portfolio, bring the grad total to 1.5 billion in loses. Throughout a conference call with investors, CEO Martin Sullivan explains that the probability that AIGs credit-default swap portfolio will sustain an economic loss is close to zero. AIGs thought its risk-modeling system had proven very reliable, Sullivan said, and since the transactions were so conservatively structured, AIG had a very high level of comfort with its risk models. Moving on to February, AIG set its 2007 total realized loses to 11.5 billion. AIG also disclosed that I had posed 5.3 billion in collateral as well. This was the first time the company had disclosed the amount of money in collateral. In the late months of 2008, the government pledged 115 billion to AIG in bailout funds to try to hedge the crisis. The US board of Governors and Treasury announced the restruc turing of the governments financial support to AIG. This restructuring included a treasury purchase of AIG preferred shares through the TARP program. This program reduced the 85 billion dollars in AIG revolving credit to 60 billion and created two limited liability companies. In the late months of 2008 to 2010 the powerhouse fell apart. Who was responsible? American International Groups monumental collapse like any other disaster derived at first from ambition. Then, in turn, this same ambition begot greed. In retrospect, looking back on the AIGs collapse, we can say there were many individuals that were responsible for the devastating disaster in the wake of the economic crisis of 2008. First, we must start from the top of the organization and work our way through the corporate hierarchy to lay out the appropriate blame to the responsible parties. Starting in 1987, when the Financial Products division within AIG was created by a joint venture between Howard Sosin and the AIG CEO, Hank Greenberg. The tumultuous relationship built on greed was doomed from the beginning as the ambitious Sosin only needed Greenbergs financial and brand backing whereas Greenbergs leadership style was with an iron fist. Lacking the trust in Sosin, Greenberg eventually did enough micro-managing to get Sosin to leave the company on bad terms and eventuall y replaced him with one of his protà ©gà ©s, Joseph Cassano. Under Sosin, Financial Products was a large profit, no material loss division within AIG that generated millions in profits during his tenure. In contrast, Cassanos tenure was an aggressive and risky operation that he deemed a no lose situation when in fact it eventually led to AIGs collapse and a subsequent bailout by the federal government. Under his control, the Financial Products division indulged in extensive selling of credit default swaps on mortagages which at its height AIG had guaranteed some $440 billion in obligations. In all, Joseph Cassano and the lack of corporate governance within AIG allowed him to single handedly bring a company that was once looked at as one of the safest and secure institutions to place your money in as one the biggest failures in the modern day economy. Ripple effect on the market/economy? In the wake of the financial crisis in 2008, the collapse of such a company with the size and stature of AIG would have been catastrophic to the entire financial world as we know it. Most systematically its downfall would have led to the eventual collapse of other banks with it because subprime issues in the underlying credit default swaps AIG was selling. In theory, every bank would have been able to look at their balance sheets and note that they were suffering from the same type of subprime issues that would have destroyed AIG had there not been a bailout by the federal government. Ultimately, the risky debt obligations that the credit default swaps were based on were being defaulted at a high rate and there was no way possible for AIG at the end of the day to honor all of its obligations to speculators and banks alike who purchased these financial instruments as forms of insurance against default. On another note, another economic industry that suffered was the travel indust ry. In the wake of the government bailout of AIG, executives were spotted relaxing in a luxurious resort in California. Because of this, AIG received bad press from the media and taxpayers, alike. Other companies took note of this bad press and immediately cancelled any type of conferences in exotic and expensive locations in order to avoid that same bad press. Sources Mark Pittman (2008-09-29). Goldman, Merrill Collect Billions After Feds AIG Bailout Loans. Bloomberg News. https://www.bloomberg.com/apps/news?pid=newsarchivesid=aTzTYtlNHSG8. Retrieved 2011-04-08. SP: Ratings on American International Group Lowered and Kept on CreditWatch Negative. Yahoo News. 2008-09-16. https://marketplace.news.yahoo.net/pressrelease.aspx?id=96684. Retrieved 2011-04-08 Gretchen Morgensen; Mary Williams Walsh (2008-09-14). Rush Is On to Prevent AIG From Failing. The New York Times. https://www.nytimes.com/2008/09/15/business/15aig.html?hp. Retrieved 2011-04-08

Economic Growth Of The United States Essay - 1119 Words

In the United States, there is the growing macroeconomic issue over the rate of economic growth. This issue consists of the potential regression of the United States, Gross Domestic Product, commonly known as GDP. GDP can be defined as the market value consisting of all the goods and services that are produced in a country that falls within the given time period, usually marked as a fiscal year. In terms of economic growth, GDP will always have a direct correlation to growth within a country. An increase in GDP will lead to an increase in the economic growth rate, and contrastingly, a decrease in GDP leads to significant decrease in economic growth rate, also known as a recession. This current macroeconomic issue is presented due to the fact that the United States is poised for a year that is associated with an economic growth rate between 0% and 1%. The main contributing cause for the decline in economic growth over this year is the huge reduction in business and consumer inves tment. After analyzing the GDP growth rate over the past three quarters of 2016, it is shown that there have been steady increases in consumer consumption, government spending, and net exports, subsequently in both exports and imports. The only factor of the GDP equation that is holding the economic growth rate in the U.S. down in the lack of business and consumer investment. 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Community Health Nursing A Continuum Of Care From Health...

Health is a dynamic, changing state of well-being, which includes physical, mental, sociological, and cultural factors of both individual members and the whole family system (Kaakinen, Coehlo, Steele, Tabacco, Hanson, 2015, p. 5). The Health and well-being of individuals and families are important in order to attain a healthy lifestyle. Community health promotion allows nurses to work with individuals, families, and groups from diverse cultures, traditions and languages to teach health-seeking behaviors (Stamler Yiu, 2012). Health promotion engulfs preventing, maintaining, strengthening and improving each person’s health; by allowing them to learn ways to take an active part in self-care through education. The purpose of this paper is to discuss community health nursing, and how it fosters nursing practice through the experience gained from analyzing two scenarios from the Aberhart Center Tuberculosis Clinic. The CARNA competencies will be applied to the experiences. Community Health Nursing Community health nursing is a continuum of care from health promotion and prevention to treatment, rehabilitation and palliative care (Canadian Nurses Association [CNA], 2010). Community health nursing is comprised of community health Nurse (CHN) and Public Health Nurse (PHN). CHN works on â€Å"prevention, health restoration, health maintenance or palliative care† (Stamler Yiu, 2012, p. 1). While on the other hand, PHN works on promoting, protecting, and preserving the health ofShow MoreRelatedMy Nursing Philosophy1264 Words   |  6 Pagesexperiences and nursing education thus far, I acknowledge that I have unknowingly developed a set of values, beliefs, and virtues that makes up my personal nursing philosophy. As I move forward in my nursing education, the values and beliefs that I have associated with a diverse patient population, health, the environment, and the role of the professional nurse will progress with me. 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Purpose of Business Business Ethics Free Essays

The two most important days in your life are the day you are born and the day you find out why. ? Mark Twain Purpose is one of the single most unremitting factor which leads to the success of an organization and wholesome and virtuous development of the individuals associated with It. Most of the greatest companies In the world have great purposes, discovered by their founding fathers which still remain at the core of their business models. We will write a custom essay sample on Purpose of Business Business Ethics or any similar topic only for you Order Now While profitability, innovation, effectiveness, efficiency and differentiation are major stakeholders in creation of a successful business, the crux of It all according to me Is In the creation of a customer centric culture. Focusing on customer Impact rather than profits builds business confidence and drives Investments. We can term this as a noble magnanimous approach which acts as the nexus of the organization. Some people might confuse It with philanthropy but the noble aspect of this Is In nurturing drive that encourages employees to work with sedulous to solve problems and create a positive impact in the lives of their customers. When employees associate themselves with a culture of customer satisfaction, which is bigger than them, they get emotionally engaged and this leads to the creation of a truly differentiated organization. While businesses that focus on the numbers alone mostly end up producing average results, teams with customer contentment as the front and centre f the business know that their Job matters and thus produce exponential growth. A purpose with customer impact at its core leverages businesses and leaders in the face of changing business climates and provides a framework for decision making which gives them a competitive advantage. This eventually fosters the formation of an extremely housewarming culture where employees deliver strong business results and ironically end up winding more profits by focusing on something completely beyond profit. How to cite Purpose of Business Business Ethics, Papers

Determination Theory Basic Psychological -Myassignmenthelp.Com

Questions: Which Factors Led To Diminishing Sugarcane Yield In Australia? What Are The Effects Of Diminished Sugarcane Yields To Farmers In Australia? What Are The Impacts Of Diminished Sugarcane Yields To Millers In Australia? What Is The Effect Of Diminished Sugarcane Yields To The Economy Of Australia? Which Are The Long-Term Solutions To Increase Sugarcane Yield In Australia? Answers: Introduction. The purpose of this particular paper or report is to critically analyze the diminishing of sugarcane yields in Australia. To start with, it is important to note that agriculture has been one of the key pillars of economy in Australia. The farming of sugarcane as well as processing of harvested sugarcane has been widely done in Australia. The sugarcane industry in Australia is located along the eastern coastline (Marylene, 2014). This is based on a wide land coverage with about 4000 elements of cane farming in Australia. Mainly, these farms are possessed by family partners along with other sole proprietors. Apart from sugarcane farming, the country has specialized in processing these cane in the industries. Therefore, this fact give rise to numerous millers. The structure of these millers is based on a different ownership unlike the sugarcane farms. The millers are owned by public entity, cooperatives as well as some private company whose shares are limited by guarantee. The sugarcane industry in Australia deals with several major products. Some of these products include the raw crystal sugar that is highly purchased by refineries both locally as well through exportation. Basically, this industry become the most reliable aspect in the rural areas of Australia. Actually, it is rated as the largest business activity carried out in Australian up countries (Maslow, 2013). According to one of the major producers of sugarcane, Queensland rural area produces approximately 4 tonnes of raw sugar, about a million tonnes of molasses along with ten million tonnes of bagasse. This is what a single rural area can produce in a single year. This clearly indicate the extent by which sugarcane industry in Australia have developed. The other aspect in sugarcane industry in Australia involves the concept of green energy. The main advantage of sugar mills in Australia is that these mills are self-sufficient and sustaining in energy. This is cost effective as long as mill ing process is concerned. This concept has enabled the country to reduce the emission and effects of greenhouse gases effects. In addition, there are some industrial changes in sugarcane industry in Australia. The several realization processes that these industries have undergone in processing as well as production process have encouraged the farmers and millers to increase the production in the last decade (McGregor, 2012). A lot of people have been employed in these industries and the country economic condition has been sustaining altogether. However, for the last few years, the farming and production of sugarcane in Australia has been affected by many factors that results to diminishing of sugarcane yield in Australia. These factors have affected the economy in the rural areas. This particular report clearly researches on those factors that lowers the production of sugarcane in Australia. A general overview of these factors includes varying rainfall as well as changes in temperature as a result of reduced adaptive capacity, there has been increased vulnerability in the natural hazards and inaccurate forecasting and time series analysis on mitigation strategies. In addition, the cost of inputs used in sugarcane production has increased significantly, the production costs involved has as well increased along with low prices of canes to local farmers. Therefore, the purpose of this report is to form a research baseline for the diminishing sugarcane yield in Australia by assessing these factors along with other factors. Problem statement: By researching the degenerated soil properties and to access the solution of old and new fields (Skjemstad, Taylor Janik, 1995). The introductory investigations it has been stated by observing the age i.e. (grown sugarcoat to not less than two decades of longtime beneath a blazed stick system)? Also, the new land of cane sugar must be noted by contrasting dirt properties. Generally, those particular types of impacts have been stated that the former sugar coat yields have been degraded and mixed with various elements (Bramley et al; 2002, skjemstad et al; 1995). Despite that the properties of the clay are differed with the enormous issues like the nature of land, climatic conditions, percentage of fertility and supply of adequate amount of water. Soil corruption might have been the most effective reason for the decrease of sugar cane yields. There has been reduction in the production of sugarcane that have affected the amount of sugarcane and the subsidiary products in the mills in Australia. For the last few decades, the sugarcane production and yield in Australia had indicated an upward trend in the rural economy as well as other areas in Australia. This has been demonstrated by many factors such as high production in sugarcane farms in rural areas such as Queensland. As a result, a lot of corporations, private investors as well as public entities constructed mills to accommodate the large sugarcane productions. However, in the last few years, there has been diminishing yield in sugarcane in Australia. This is the problem under consideration in this particular research project report. These factors that reduced the yield in sugarcane production in Australia are based on internal as well as external factors. Typically, a general overview of these challenges such as varying rainfall as well as changes in temperature as a result of low adaptive capacity. In addition, there has been a significant rise on vulnerability in the natural hazards. Again, inaccurate forecasting and time series analysis on mitigation strategies also played a major role in diminishing the sugarcane yields in Australia. Moreover, the cost of inputs used in sugarcane production as well as other relevant equipment have increased significantly. Finally, the production costs involved has as well increased along with low prices of canes to local farmers. Hence, the purpose of this report is to form a research baseline for the diminishing sugarcane yield in Australia by assessing these factors along with other factors. This will assist all stakeholders in this field of industry to mitigate this kind of a problem asserted in this report. Research aim. The main aim of this report is to reveal factors that tend to diminish sugarcane yield in Australia. With those factors at hand, all the relevant stakeholders in this sector will be in a proper and ultimate position to devise ways and strategies to mitigate these challenges. Therefore, these research aims at setting a recommendation mechanism of what factors to be considered so as to mitigate the diminishing sugarcane yield that has been demonstrated in Australia (Santos, 2015). This will be very important to rural farmers in Australia as well as all prominent and potential millers in Australia altogether. Research objectives. The following objectives will be necessary and very crucial in completion of this particular research. These objectives can be based as either general research objectives or the specific research objectives. General objectives. To determine factors causing low sugarcane production in Australia. To determine the challenges affecting sugarcane production in rural areas in Australia. To determine the strategies that can be used to increase sugar cane production in Australia. To mitigate problems affecting sugarcane production in Australia. Specific objectives. To investigate how better output in sugarcane sector can be achieve. To find out reasons for low prices of canes to the farmers. Quality of soil: The overall productivity of the yield irrespective of the sugar cane i.e. almost all varieties of agro based products (Agricultural products) depends upon the fertility of the soil or clay and its environmental conditions Availability of water: It is an important aspect that the considerable amount of water leads to the enrichment of soil and rise in productivity Involvement of fertilizers to destroy parasites that infect the yields: The soil requires the attention at regular intervals of time in case it left for unattended there is a surge chance of infecting the microbial organisms which eradicates the plantation area. Filtration of the crop: The surface of the portion of land must be filtered twice for a span of three months that which set for free before spraying the chemicals Differentiation of cost in the yield for a span of two years: For a span of two years, the differentiation of cost in the yield has been increasing. This could be associated to the high cost of production in sugarcane industry (Thomas, 2009). This can be indicated by the trend on future sugar forward curve below. The volume and price in the curve indicate a fall in the last quarter of the first year. Then the following year, the curve indicates a positive trend that finally falls slightly in the last quarter of the following year. Justification and potential output of the research. As asserted in the context above, the aim of this research involves the underlying factors in determining various aspects that result to diminishing sugarcane yield in Australia. Therefore, explaining these factors into detail may assist this research to gain full justification and accurate potential output. To start with, one of this factor is high production cost. In any industry or businesses, the cost of production need to remain minimized (Galloway, 2007). This is important because any industry has an objective of generating profits from the daily operations of the industry. This in simple term describe that the assets of any industry must surpass to a great extent the liabilities of that industry by applying all means possible. This again implies that, the income column generated by any industry must be higher than the expenses column. However, for this research, the production cost of sugarcane industry in Australia have increased and most farmers are unable to support the whole process (Taubes, 2016). This result to diminishing sugarcane yields since the entire process is not sustaining to all stakeholders involved. Another factor that can justify the diminishing sugarcane yield in Australia is associated to the area under which the farmers have been practicing extensive sugarcane production. These areas have been affected by adverse climatic conditions in terms of rainfall production as well as temperature changes (Ryan Deci, 2017). From the data below, we can clearly demonstrate how these areas have been producing sugarcane for a couple of years. Area harvested for milling (Hectares) If we conduct an analysis of this data, we can demonstrate the trend of sugarcane harvested for milling for the five years span. The graph below can demonstrate the anticipated trend. From the graph analyzed below, the trend in production of sugarcane in the four main sugarcane producers clearly indicate the trend in sugarcane production. Most of these areas indicate an upward trend in area harvested for milling. Therefore, for the analyzed five years, the expectation of this trend is that more sugarcane yields will be recommended in these areas. Queens Land indicate the highest area harvested for milling in the five years span. However, the diminishing sugarcane yield in Australia still remain due to others factors despite the upward trend among areas used for sugarcane production. Area of production Finally, the other justification that may result to diminishing sugarcane yield in Australia is based in the price of cane paid to local farmers. The key milestone in agricultural sector is the farmer who dwell day in day out to see the success of the products under consideration. Therefore, the main shareholder of agricultural sector is the farmer (Raffray, 2011). Therefore, a corresponding profit share as well need to go back to that farmers on equitable grounds. However, what happens on the ground is the contrary. A lot of wealth generated in this sector is shared by middlemen while the key player, that is, the farmer, is left with a very small proportion. Connecting that information to this scenario, then in Australia, farmers have been neglected when it comes to payment of sugarcane production (James, 2007). Low prices of canes produced lenders the sustainability of the farmers unbearable. Many of these farmers tend to lower production so as to cut down production costs. As a re sult, the diminished sugarcane yield is recorded in Australia. Conceptual framework. The conceptual framework in this research project is based in the following independent variables. The prices of sugarcane by the farmers to the millers. The area cover by sugarcane farms by main sugarcane producers in Australia. The proportion of sugarcane subjected to private mills, public mills as well as corporations mills. The relevant factors that need to be put in place to reverse the diminishing sugarcane yields in Australia. From the above independent variables, if the yield of sugarcane in Australia will not clearly address these independent variables, then we anticipate a further decline in sugarcane yields in Australia (Williams, 2006). Otherwise, if these independent variables are well mitigated, then there will be more yield in the next few years. Research Methodologies: In the past, there has been previous researches that addressed the diminishing sugarcane yields from other areas of the globe. However, many of the factors that contributed to diminishing sugarcane yield in Australia, tend to be similar to those of other areas. According to the research that was conducted in Kenya for instance, there is a clear positive correlation on factors that affected sugarcane in Kenya and Australia. These factors include high production costs, low payment to farmers, adverse climatic conditions associated to drought and at time flood (Pankhurst, Magarey, Stirling, Blair, Bell, Garside, 2003). Borrowing some of the strategies used to mitigate these challenges in Kenya can as well help to reduce the sugarcane challenges that result to diminishing sugarcane yield in Australia. Therefore, Australia agricultural sector need to check on inputs used in production as well as better payment to farmers to motivate the entire process as Kenyan agricultural sector did to mitigate the reduction of sugarcane yield. Plantation of sugarcane by F.B.D (Flat Bed Method, Garside et al (2003) Flat bed strategy is one of the major technique which is used for the planting of sugar cane it involves the process of digging the total proportion of land in the systematic way befor The beds are placed (Bramley, Ellis, Nable Garside, 1996). Sticks are arranged in the vertical position in the form of lines which varies up to 60 to 90 cm. Squeezing process is done by hands or legs and covered with soil. Literature Review: A huge exertion has been connected to evaluate the clay compaction in the sugar cane industry which are located at the Queens Land Australia (Dr. Mike Braunack et al; 2010). Cane sugar production is suitable for ideal soil which has more fertility. The core motto or mission in this particular research is to offer quality and accurate results for the research. Therefore, a well-established comprehension of the research along with enhancement of knowledge helps to have efficient, effective and appropriate completion of the research project via construction of proper and accurate outcome of the research project (Richard, 2013). In addition, analysis of data as well as analysis of other relevant and correlating aspects are helpful so as to incorporate the application of various models and relevant theories so as to process accurate information as well as shedding reflections of the literature gap. Finally, previous attempts have been applied to investigate likely loopholes along with other gaps consisted in the theories and models (Gioia, Corley Hamilton, 2013). Collectively, the models and these theories are utilized in this research project. There is a need to have further detailed research with the objective of gathering outcom es as per the anticipated recommendations and according to the results desired by the completion of the project. Data Collection Method: There are several methods used to collect data in this research. First, there was observations of farms or areas used in production of sugarcane in Australia. This method enabled us to see the nature of land required to undertake sugarcane farming process. Again, sample surveys and questionnaire study was conducted. Sugarcane industry in Australia has employed more than 16,000 employees (Magarey, Yip, Bull Johnson, 1995). Out of these population, 2000 workers are located in Queens Land. Therefore, we use a sample size of 200. Out of 200 workers, 145 of them agreed to the fact that present diminishing sugarcane yield in Australia is associate to high cost of production while the rest of the sample did not clearly indicate what factors attributed to diminishing sugarcane yield in Australia. Quantitative Analysis The statistical data of the cane sugar industries produced in Australia are given below over a span of 5 years at the different locations all over across Australia Conclusion: The plantation i.e. (sugar) has been spread widely with more innovations and technologies by maintaining constant soil nutrients. In this research any organizations outside the Australia has not been considered due to the uneven atmospheric conditions and availability of water and rainfall in all the regions. It only concentrates the crops that has been placed inside the Australia even if it varies different states (Gaston, 2014). Usage of wide number of machines and techniques have been adopted to enlarge the production which would be applicable to many industries. In conclusion, this particular research project is very important to agricultural sector in Australia regarding sugarcane production. The contextual research questions and objectives have been very crucial in this research (Ford Bristow, 1995). Therefore, the aim of this project is to see the implementation of proper strategies to mitigate the reduced sugarcane yield that have been witnessed in Australia over the last couple of years. The several realization processes that these industries have undergone in processing as well as production processes. This will have encouraged the farmers and millers to increase the production in the future. A lot of people who have been employed in these industries will be able to appreciate the countrys economic conditions and their nature of work altogether. References: Bramley, R.G.V., Ellis, N., Nable, R.O. and Garside, A.L. (1996). Changes in soil chemical properties under long term sugarcane monoculture and their possible role in sugarcane yield decline. Aust. J. Soil Res., 34: 967 - 84. Ford E.J. Bristow K.L. (1995b). Soil physical properties of several sugar producing soils in north Queensland. II. Soil moisture retention, bulk density, and particle size distribution. CSIRO Div Soils, Tech. Rep. 7/1995 Galloway, J.H. (2007). The Sugar Cane Industry: An Historical Geography from its Origin to 1914. Cambridge University Press. Gaston, L. (2014). Hypothesis Testing Made Simple. Create Space Independent Publishing Platform. Gioia, D. A., Corley, K. G., Hamilton, A. L. (2013). Seeking qualitative rigor in inductive research: on the Gioia methodology Notes.Organizational Research Method. Sage publishers. James, G. (2007). Sugarcane. Wiley-Blackwell. Magarey, R.C., Yip, H.Y., Bull, J.I., Johnson, E.J. (1995). Recent studies into the soil biology of yield decline. Marylene, G. (2014). The Oxford Handbook of Work Engagement, Motivation and Self-Determination Theory. OUP USA. Maslow, A.H. (2013). A Theory of Human Motivation. Start publishing LLC. McGregor, D. (2012). The Human Side of Enterprise. New Yolk, 21. Pankhurst, C.E., Magarey, R.C. Stirling, G.R., Blair, B.L., Bell, M.J. and Garside, A.L. (2003). Management practices to improve soil health and reduce the effects of detrimental soil biota associated with yield decline of sugarcane in Queensland, Australia. Soil Tillage Res. 72:125 137. Proceedings Australian Society of Sugar Cane Technologists, 1995 Conference, pp.128 - 133. Raffray, B. (2011). Raising Sugar Cane: Out of the Sugar Cane Fields of South Louisiana. CreateSpace Independent Publishing Platform. Richard, A. (2013). Job Satisfaction from Herzbergs Two Factor Theory Perspective. Grin publishing. Ryan, R.M., Deci, EL. (2017). Self-Determination Theory: Basic Psychological Need in Motivation, development and Wellness. The Guilford presses. Santos, F. (2015). Sugarcane: Agricultural Production, Bioenergy and Ethanol. Academic Press. Skjemstad, J.O., Taylor J.A. Janik, L.J. (1995). Establishing organic matter base-line data on Yield Decline Joint Venture sites. CSIRO Div. Soils, Adelaide, Report to SRDC. Taubes, G. (2016). The Case against Sugar. Knopf. Thomas, K.W. (2009). Intrinsic Motivation: What Really Drives Employees Engagement. Berret-Koehler publishers. Williams, L. (2006). The House Surrounded by Sugar Cane: The Smith-Jenkins Farm. AuthorHouse