Thursday, August 27, 2020

The scope of the doctrine and remedies for frustration of contract in English law Essays

The extent of the convention and solutions for dissatisfaction of agreement in English law Essays The extent of the convention and solutions for dissatisfaction of agreement in English law Paper The extent of the convention and solutions for dissatisfaction of agreement in English law Paper Article Topic: Law The courts have deciphered the extent of the convention of disappointment barely, as per the rule pacta sunt servanda understandings must be kept. In the event that the courts promptly held that an agreement was disappointed, it would give occasion to feel qualms about critical a variety of understandings that make commerical undertaking conceivable. As Lord Radcliffe exhorted in Davis Contractors Ltd v Fareham UDC, [f]rustration isn't to be softly summoned as the dissolvent of a contract.i This conversation will initially look at the basic purposes behind the slenderness of the regulation before thinking about the particular impediments. Here it will be contended that in certain occasions the courts choices have been conflicting and in others they have been unduly cruel. The accompanying piece of the conversation will look at the cures accessible to gatherings of a disappointed agreement, as found under the Law Reform (Frustrated Contracts) Act 1943. The lacks in the rule will be investigated, among them vagueness, which has prompted the uncommon utilization of the Act. Rather, parties have picked to draft out the Act and incorporate temporary conditions of their own. These power majeure and difficulty statements accommodate an answer if a happening occasion happens which makes it unimaginable or increasingly grave for one gathering to perform. With the unacceptable condition of the law administering disappointment, it will be set that these provisos are essential to h old a component of assurance in business contracting. The extent of the teaching of disappointment Agreement law is established on the rule that liablity for non-execution is severe. While this appears to be especially extreme, it is validated with the conviction that gatherings get significant thought for facing challenges. The designation of dangers gives a significant capacity of the law of agreement: it empowers people and enterprises to anticipate the future with a moderate level of sureness and consequently to boost their opportunity of action.ii An agreement must be disappointed when execution gets outlandish, or a happening occasion happens that would make execution drastically extraordinary to that which was contracted to by the gatherings. On the off chance that disappointment is adequately argued, its outcome is to finish the agreement. Given this exceptional result, the courts have deciphered the extent of the principle barely so as to safeguard the sacredness of contract.iii Paradine v Jane is most regularly refered to exhibit this: At the point when a gathering by his own agreement makes an obligation or charge upon himself, he will undoubtedly make it great, on the off chance that he may, despite any mishap by unavoidable need, since he may have given against it by his contract.iv Moreover, if a gathering feels that they would be not able to perform if a happening occasion happens, they ought to accommodate it in the agreement. Many happening occasions that can block execution are predictable and gatherings should develop their agreements as needs be. There are a few conditions that may meet all requirements for releasing the agreement on grounds of disappointment. These incorporate the topic of the agreement being devastated; ailment or inadequacy of a contracting party; the non-event of an occasion that framed the establishment of the agreement; happening illegality.v It is unquestionably not a standard that these conditions will baffle an agreement. As Lord Sumner expressed in Bank Line Ltd v Arthur Capel and Co, eventually the disappointment of an experience relies upon the realities of each case.vi There are three primary confinements to the convention. Right off the bat, if there are arrangements in the agreement that accommodate an answer on the off chance that an occasion happens, at that point a contention dependent on dissatisfaction is probably not going to be engaged as the gatherings have just accommodated the occurrence.vii Besides, if the occasion is predictable, the gatherings can't profit of the principle of dissatisfaction. In Amalgamated Investment and Property Co Ltd v John Walker Sons Ltdviii the petitioners looked to save an agreement available to be purchased of a property, when they found that daily after they had marked the agreement, the property got recorded and couldn't be redeveloped. This decreased the estimation of the property by roughly 90%. The court held that the agreement was not baffled in light of the fact that the inquirers knew about the hazard, as prove by a pre-contract enquiry with regards to whether the structure could be recorded. The happening occasion didn't satisfy the test set by Lord Radcliffe in Davis Contractors Ltd v Fareham UDCix it didn't render [the performance] a thing profoundly unique in relation to that which was attempted by the contract.x In Krell v Henryxi Vaughan Williams LJ communicated the predictability test as far as whether the occasion was envisioned or not. In spite of the rationale of this suggestion, it has not been without challenge. In The Eugenia, Lord Denning expressed that: It has every now and again been said that the convention of dissatisfaction possibly applies when the new circumstance is unanticipated or surprising or uncontemplated, as though that were a fundamental component. In any case, it isn't so.xii In expressing this, Lord Denning depended upon the judgment in WJ Tatem Ltd v Gamboaxiii where a charterparty was held to be baffled, despite the fact that it was predictable that the boat would be seized. It is hard to accommodate these decisions with past ones that have been chosen, and it is indeterminable concerning how future courts will lead on this test. A third constraint on the principle of dissatisfaction is if the occasion is self-instigated. In Taylor v Caldwell, Blackburn J expressed that disappointment applied where execution had gotten unimaginable without default of the contractor.xiv The manner by which the courts have deciphered a self-actuated occasion isn't liberated from contention. In J Lauritzen AIS v Wijsmuller BV The Super Servant Two Bingham LJ expressed that disappointment needed to emerge from some outside event.xv For this situation, the respondent contracted to ship an oil rig with either the Super Servant One or the Super Servant Two transporter. The litigant expected to utilize the last mentioned, however it sank, and the Super Servant One had been distributed to different agreements. The Court of Appeal held that the agreement was not finished in light of the sinking of Super Servant Two, but since of the litigants political decision not to utilize Super Servant One, in this manner the agreement was not baff led. Treitel has scrutinized the thinking of this judgment in light of the fact that after the loss of the boat, it got outlandish for the respondents to play out the entirety of its agreements during the period being referred to with just a single operable transporter. Treitel further contends that in such a situation, where a gathering has gone into various agreements with different gatherings, and a happening occasion doesn't allow him to satsify every one of those agreements, he can, if he acts sensibly, choose to play out a portion of the agreements, and case that the others have been baffled by the event.xvi This contention positively has merit and would prompt an unmistakably more simply result than that chose by the court. The Law Reform (Frustrated Contracts) Act 1943 In situations where an agreement was baffled, the custom-based law was sick prepared to give a cure. This lead to uncalled for choices, for example, Chandler v Websterxvii where an agreement was baffled yet the bothered party was as yet obligated to pay. The privileges of the gatherings were resolved exclusively on when the commitment to pay emerged previously or after the baffling occasion. In the event that they emerged previously, at that point there was as yet a commitment to pay, whether or not there had been a complete disappointment of thought. In 1943, the Law Reform (Frustrated Contracts) Act [hereinafter the Act] was passed fundamentally to determine this situation.xviii In no time before the institution of the Act, the House of Lords switched Chandler on account of Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd.xix Money paid before the occasion was recoverable when there was a complete disappointment of thought. This was an improvement in the condition of the custom-based law, however it was as yet not good as it didn't permit the payer to recuperate cash where there was just an incomplete disappointment of thought, and moreover, the payee couldn't set off costs that he authentically brought about. Under s.1(2) of the Act, cash paid before the baffling occasion is recoverable and cash payable before the occasion stops to be payable, subject to authentic costs brought about before the occasion. Segment 1(3) further gives that on the off chance that one gathering has gotten a significant profit by anything done by the other party, at that point the appointed authority may arrange that gathering to offer an aggregate in appreciation of it. In BP v Hunt, Goff J expressed that the crucial rule basic the Act itself is counteraction of the uncalled for enhancement of either gathering to the agreement at the others cost and its motivation was not to distribute the misfortune between the parties.xx As McKendrick calls attention to, this translation isn't without challenge, and an elective examination is that the Act is intended to give an adaptable hardware to the modification of loss.xxi The reason for the Act is in this way still in question. There are progressively explicit reactions leveled by McKendrick.xxii Whilst they can't all be tended to here, it is imperative to recognize the essential challenges. Right off the bat, s.1(2) doesn't cover cash paid after the occasion; the payor would need to determine this at precedent-based law where there is little rest. Furthermore, it is hard to find out how misfortune will be determined between the gatherings. In the event that the payor has given the payee à ¯Ã¢ ¿Ã¢ ½20,000 which has been exhausted in execution of the agreement, what amount can the payee hold? McKendrick states that the subsection isn't all around drafted and that deficient thought has been

Saturday, August 22, 2020

Analyse and Critically evaluate Human Factors when applied to a Case Essay

Investigate and Critically assess Human Factors when applied to a Case Study - Essay Example It was during September 11, 2001 a significant fiasco occurred at the World Trade Center. The American Airlines Flight 587 impact additionally occurred following two months of this ambush. Different viewpoints, for example, the date, carrier, area, observer and time alongside the airplane size made individuals cynic of the way that the accident was another psychological militant endeavor. According to the Northeast Intelligence Network, Al-Qaeda recorded that the accident was among one of its victories. Moreover, the Canadian extremist who was teaming up with specialists suggested that the way that shoe bomb was utilized for causing such assault. In any case, National Transportation Safety Board authoritatively didn't declare the reason to be a psychological militant movement (DailyMail, 2011). It was additionally noticed that the plane’s vertical stabilizer just as wheels isolated during the flight. It fell into Jamaica Bay. The motors of the plane likewise isolated during the flight. It fell different squares north just as east of the principle destruction area. It was a result of the post crash fire that wrecked the plane totally. The A300-600 took off not long after the Japan Airlines Boeing 747-400 took off from a similar runway. The primary official attempted to keep up the plane remaining with substituting pugnacious rudder inputs. The quality of air was by and large against the rudder that pressurized the vertical stabilizer and subsequently severed it totally in view of which the plane lost its control and smashed. As per the National Transportation Safety Board the gigantic worry upon the rudder was a direct result of the principal officer’s unnecessary just as pointless rudder input. It was not a direct result of the wake disturbance drove by 747. N TSB likewise expressed the way that first officer’s endeavor at hindering to utilize extra information sources would have helped with making the airplane balanced out. The manner by which the vertical stabilizer isolates disturbed examiners. As indicated by

Friday, August 21, 2020

Learn How To Compare And Contrast History Essay Samples

Learn How To Compare And Contrast History Essay SamplesIf you are looking for tips on how to compare and contrast history essay samples, then this article will help you. Students who take history courses need to prepare themselves to learn about some of the most important events in their country's past. Although they are a major part of learning about our country's history, the essays they write will be their only exposure to these events.Because there are so many different types of history, it is important that students understand how they can use this material to get a good grade. By doing this, they can be prepared to do well in the class and to succeed when it comes time to take the final exam. A final grade in this course should give you confidence in the course that you have taken and it should also give you something to look forward to in the future.Since so many people have the tendency to forget or be confused about things that happened in the past, it is important that they learn about as much as possible about these events in order to better understand where we are as a country and how we came to be. Students who learn about these events as they work their way through history classes can develop a better understanding of their country and allow them to appreciate the things it has to offer. This is why it is so important that students learn as much as possible about these events as well as the time period in which they occurred.History is a great subject to learn about, but students often struggle with how to express what they know about their country to other people. Fortunately, students who take history courses can do so easily by taking advantage of the many different essay examples available. By learning from these samples, they can understand how to compare and contrast history essay samples and discover the various styles and approaches that will benefit them when they are writing their own essay.There are many essay examples available, but th e ones that we have listed here will all help students to learn more about some of the most important events in US history. In order to compare and contrast history essay samples, students should first choose a particular example that they feel is best suited for their needs. In doing so, they will be able to write about each event without becoming confused or bored.As an example, students can take a look at the infamous 'Bloody Sunday' in US history. This was a massacre of peaceful civil rights demonstrators that took place during the 1960s. In order to compare and contrast history essay samples, they can find a sample about a demonstration that took place during the same period of time in the nation's history.In addition to writing about different types of demonstrations and events, students can also choose from a wide variety of subjects that took place during this period of time. They can learn about issues such as civil rights, the Vietnam War, the Six-Day War, and many others. By looking at these essays, students will be able to better understand the events that took place and the issues that were at the center of many of the debates of the time.By learning how to compare and contrast history essay samples, students will be able to do well in their class and become better writers. They will also develop a more thorough understanding of the type of history they need to take on in their classes. In doing so, they will have a well-rounded understanding of the events that took place in the United States in the past and the world around us today.

Monday, May 25, 2020

Major General Benjamin Grierson in the Civil War

Major General Benjamin Grierson was noted Union cavalry commander during the Civil War. Serving in the Western Theater of the conflict, he came to fame while assigned to Major General Ulysses S. Grants Army of the Tennessee. During the campaign to capture Vicksburg, MS in 1863, Grierson led a famed cavalry raid through the heart of Mississippi which did substantial damage and distracted the Confederate strongholds garrison. In the final years of the conflict, he commanded cavalry formations in Louisiana, Mississippi, and Alabama. Grierson spent the latter part of his career on the frontier until retiring from the US Army in 1890. Early Life Career Born July 8, 1826 in Pittsburgh, PA, Benjamin Grierson was the youngest child of Robert and Mary Grierson. Moving to Youngstown, OH at a young age, Grierson was educated locally. At the age of eight, he was badly injured when he was kicked by a horse. This incident scarred the young boy and left him afraid of riding. A gifted musician, Grierson began leading a local band at age thirteen and later pursued a career as a music teacher. Traveling west, he found employment as a teacher and band leader in Jacksonville, IL during the early 1850s. Making a home for himself, he married Alice Kirk on September 24, 1854. The following year, Grierson became a partner in a mercantile business in nearby Meredosia and later became involved in Republican politics. Major General Benjamin Grierson Rank: Major GeneralService: US ArmyBorn: July 8, 1826 at Pittsburgh, PADied: August 31, 1911 at Omena, MIParents: Robert and Mary GriersonSpouse: Alice Kirk, Lillian Atwood KingConflicts: Civil WarKnown For: Vicksburg Campaign (1862-1863) The Civil War Begins By 1861, Griersons business was failing as the nation descended into the Civil War. With the outbreak of hostilities, he joined the Union Army as an aide to Brigadier General Benjamin Prentiss. Promoted to major on October 24, 1861, Grierson overcame his fear of horses and joined the 6th Illinois Cavalry. Serving with the regiment through the winter and into 1862, he was promoted to colonel on April 13. Part of the Union advance into Tennessee, Grierson led his regiment on numerous raids against Confederate railroads and military facilities while also scouting for the army. Displaying skill in the field, he was elevated to command a cavalry brigade in Major General Ulysses S. Grants Army of the Tennessee in November. Moving into Mississippi, Grant sought to capture the Confederate stronghold of Vicksburg. Seizing the town was a vital step towards securing the Mississippi River for the Union and cutting the Confederacy in two. In November and December, Grant began advancing along the Mississippi Central Railroad toward Vicksburg. This effort was cut short when Confederate cavalry under Major General Earl Van Dorn attacked his main supply depot at Holly Springs, MS. As the Confederate cavalry withdrew, Griersons brigade was among the forces that mounted an unsuccessful pursuit. In the spring of 1863, Grant began planning a new campaign which would see his forces move down the river and cross below Vicksburg in conjunction with efforts by Rear Admiral David D. Porters gunboats. Colonel Benjamin H. Grierson (seated, center) with staff. Public Domain Griersons Raid To support this effort, Grant ordered Grierson to take a force of 1,700 men and raid through central Mississippi. The goal of the raid was to tie down enemy forces while also hampering the Confederates ability to reinforce Vicksburg by destroying railroads and bridges. Departing La Grange, TN on April 17, Griersons command included the 6th and 7th Illinois as wells as 2nd Iowa Cavalry regiments. Crossing the Tallahatchie River the next day, the Union troops enduring heavy rains but met little resistance. Eager to maintain a fast pace, Grierson sent 175 of his slowest, least effective men back to La Grange on April 20. Learning of the Union raiders, the commander at Vicksburg, Lieutenant General John C. Pemberton, ordered local cavalry forces to intercept them and directed part of his command to guard the railroads. Over the next several days, Grierson used a variety of ruses to throw off his pursuers as his men began disrupting the railroads of central Mississippi. Attacking Confederate installations and burning bridges and rolling stock, Griersons men created havoc and kept the enemy off balance. Repeatedly skirmishing with the enemy, Grierson led his men south towards Baton Rouge, LA. Arriving on May 2, his raid had been a stunning success and saw his command only lose three killed, seven wounded, and nine missing. More importantly, Griersons efforts effectively distracted Pembertons attention while Grant moved down the west bank of the Mississippi. Crossing the river on April 29-30, he embarked on a campaign that led to Vicksburgs capture on July 4. Later War After recovering from the raid, Grierson was promoted to brigadier general and ordered to join Major General Nathaniel Banks XIX Corps at the Siege of Port Hudson. Given command of the corps cavalry, he repeatedly skirmished with Confederate forces led by Colonel John Logan. The city finally fell to Banks on July 9. Returning to action the following spring, Grierson led a cavalry division during Major General William T. Shermans abortive Meridian Campaign. That June, his division was part of Brigadier General Samuel Sturgis command when it was routed by Major General Nathan Bedford Forrest at the Battle of Brices Crossroads. Following the defeat, Grierson was directed to take command of Union cavalry in the District of West Tennessee. Major General William T. Sherman. National Archives Records Administration In this role, he took part in the Battle of Tupelo with Major General Andrew J. Smiths XVI Corps. Engaging Forrest on July 14-15, Union troops inflicted a defeat on the daring Confederate commander. On December 21, Grierson led a raiding force of two cavalry brigades out against the Mobile Ohio Railroad. Attacking a dismounted part of Forrests command at Verona, MS on December 25, he succeeded in taking a large number of prisoners. Three days later, Grierson captured another 500 men when he attacked a train near Egypt Station, MS. Returning on January 5, 1865, Grierson received a brevet promotion to major general. Later that spring, Grierson joined Major General Edward Canby for the campaign against Mobile, AL which fell on April 12. Later Career With the end of the Civil War, Grierson elected to remain in the US Army. Though penalized for not being a West Point graduate, he was accepted into the regular service with the rank of colonel in recognition for his wartime achievements. In 1866, Grierson organized the new 10th Cavalry Regiment. Composed of African-American soldiers with white officers, the 10th was one of the original Buffalo Soldier regiments. A firm believer in his mens fighting ability, Grierson was ostracized by many other officers who doubted the African Americans skills as soldiers. After commanding Forts Riley and Gibson between 1867 and 1869, he selected the site for Fort Sill. Overseeing the new posts construction, Grierson led the garrison from 1869 to 1872. During his tenure at Fort Sill, Griersons support of the peace policy on the Kiowa-Comanche Reservation angered many settlers on the frontier. Over the next several years, he oversaw various posts along the western frontier and repeatedly skirmished with raiding Native Americans. During the 1880s, Grierson commanded the Departments of Texas, New Mexico, and Arizona. As in the past, he was relatively sympathetic to the plight of Native Americans living on the reservations. On April 5, 1890, Grierson was promoted to brigadier general. Retiring that July, he split his time between Jacksonville, IL and a ranch near Fort Concho, TX. Suffering a severe stroke in 1907, Grierson clung to life until finally dying at Omena, MI on August 31, 1911. His remains were later buried in Jacksonville.

Friday, May 15, 2020

The Chimney Sweeper by William Blake Essay - 596 Words

In the Chimney Sweeper, William Blake portrays the lack of innocence in these young boys lives since they are expected to have attained the experience to preform such unjust actions. The speaker of the poem begins it by letting us know that after his mother passed away his father gave him up to be a chimneysweeper so he could obtain money. These two figures, his mother and father are whom kids are supposed to depend on and look up for guidance. He feels abandoned because his mother is gone and his father gave him up for money, this show just how poor his family was and how his father would do anything for a chance at a better living, whether it included his son or not. The speaker also says that he became a sweeper when he had hardly†¦show more content†¦The dream continues on by say that an â€Å"angel† came by and set them free, which means that all of the chimneysweepers were free from work and they did not have to put up with the terrible conditions of the job a nymore. The other part of Toms dream included that boys going to â€Å"wash in the river and shine in the sun† meaning they could free them from the soot and actually see their clean skin not covered in black. This gave Tom a sense of what freedom would actually feel like and what life could be when he is done working as a chimneysweeper. Them being naked and white represent the cleanliness from the soot and symbolize their youth and purity so they can act now act and preform just how kids should. Also in line seventeen it mentions their bags being left behind, their â€Å"bags† represent their memories of chimney sweeping and how after they are free they are supposed to leave the bad memories in the past. Next it gradually mentions that â€Å"they rise upon clouds and sport in the wind† this symbolizes their second chance at life now that they are free to make their own decisions, it is as if they are given a second chance to be who they want to. After this Tom s dream continues with the angel telling Tom that â€Å"if he’d be a good boy, He’d have God for his father never want joy† this is dramatic irony because Tom never got the chance to prove that he was a good boyShow MoreRelatedThe Chimney Sweeper By William Blake1487 Words   |  6 Pageschoice but to sell their sons and daughters. Unfortunately, the career that children were forced into was chimney sweeping, which had a terrifyingly high mortality rate. The poem, â€Å"The Chimney Sweeper†, written by William Blake, tells the heartbreaking story of a child who is sold into chimney sweeping at a young age and leads a devastating life. After reading Blake’s poem about the sweepers, one may begin to wonder how it was possible for children to be treated so poorly, and how the king of thatRead MoreThe Chimney Sweeper By William Blake1306 Words   |  6 PagesWilliam Blake published â€Å"The Chimney Sweeper† in 1789 in the first phase of his collection of poems entitled â€Å"Songs of Innocence†. A later poem under the same name was published five years later in his follow up collection, â€Å"Songs of Experience†. The chimney sweeper’s tale begins in Songs of Innocence with the introduction of a young boy who was sold by his father after the death of his mother; the poem then shifts in the next stanza to describe the speaker’s friend Tom Dacre, another chimney sweeperRead MoreThe Chimney Sweepers By William Blake862 Words   |  4 Pages The Chimney Sweepers William Blake has written two poems with the same title of Chimney Sweeper, however each poem was written to portray a different perspective of similar situations. The poem Chimney Sweep (Songs of Experience) is written in a bleaker scope compared to Chimney Sweep (Songs of Innocence) which happens to be much more optimistic.Willaim Blake had written these stories as foils of one another and which has helped readers compare and contrast the messages that the poems are tryingRead MoreThe Chimney Sweeper by William Blake1202 Words   |  5 PagesWilliam Blake, author of Songs of Experience, wrote various poems, which are accompanied by their contradicting Songs of Innocence poems. Through the contradiction of both poems, Blake emphasizes the need for both innocence and experience in order to live a good life. In â€Å"The Chimney Sweeper†, Blake shows the life of a young orphan boy. In the songs of innocence poem, the boy is naive and is unaware of the injustice around him; how ever, the songs of experience poem contradict that life style andRead MoreChimney Sweeper William Blake2301 Words   |  10 PagesWilliam Blake proved himself as one of the most influential artists to spring from the Romantic Era without a doubt. What made Blake so popular may have been his ability to portray his time period in works of art that were beautifully crafted. Blake’s poetry was not appreciated during his lifetime because people were living the lives his works vicariously told, but once his time period ended, a historical book was left behind. The theme of a struggle is most prominently showcased in Blake’s poetryRead MoreThe Chimney Sweeper By William Blake1887 Words   |  8 PagesWilliam Blake, author of The Chimney Sweeper, gives the reader an uncomfortable feeling of the acceptance, and cruelty of child labor. With the use of anecdote, biblical allusions and a very sympathetic and retributive tone—Blake is able to transform the surreal idea of child labor into a visual reality. The poem revolves around a little boy, who the narrator describes as a â€Å"little black thing†, who is working as a sweeper in very poor and hopeless conditions. Through the voice of the child chimneyRead MoreThe Chimney Sweeper by William Blake515 Words   |  2 PagesWilliam Blake’s poem, â€Å"The Chimney Sweeper† is a poem about children losing their innocence and being forced to clean chimneys. The setting is in the industrial period when children in orphanages being sent to work at such a young age. The young boys were usually the ones to be put to work because they were small enough to get into the chimneys and clean them. Children in this era eventually were diagnosed with Black Lung Disease because they inhaled too much soot in their lungs. The poem opensRead MoreSocial Criticism in William Blakes Chimney Sweeper3015 Words   |  13 PagesSocial Criticism in William Blake’s â€Å"The Chimney Sweeper† ‘The Chimney Sweeper’ by William Blake criticises child labour and especially society that sees the children’s misery but chooses to look away and it reveals the change of the mental state of those children who were forced to do such cruel work at the age of four to nine years. It shows the change from an innocent child that dreams of its rescue to the child that has accepted its fate. Those lives seem to oppose each other and yet if one readsRead MoreWilliam Blake s Inscription On The Young Chimney Sweepers1382 Words   |  6 PagesWilliam Blake s Inscription on the Young Chimney Sweepers By: Kyle Fitch Prof. Joseph McNally Engl. 3312 B April 20, 2015 A key point in the history of mankind was the Industrial Revolution. It was also a difficult time in history in terms of suffering, especially for the lower class that had to work twice as hard as the upper class for minimum wage. A young poet by the name of William Blake became livid and motivated in the late eighteenth century by the coldhearted usage of young boysRead MoreThe Chimney Sweeper and London by William Blake and Tich Miller and Timothy Winters2299 Words   |  10 PagesThe two poems â€Å"The Chimney Sweeper† and â€Å"London† by William Blake, and the two poems â€Å"Tich Miller† and â€Å"Timothy Winters† are all on a theme of childhood, however, they are set in different eras and so childhood should be very different. Discuss this, comparing and contrasting the poems. As a child, William Blake was a loner. He never socialised with other children and sat by himself reading the Bible. His family were very religious, but did not agree with organised religion. This meant

Wednesday, May 6, 2020

The Geography Of Bliss By Eric Weiner - 1379 Words

There are different factors that affect happiness and it is rooted from the country you were born in. â€Å"We are shaped not only by our current geography, but by our ancestral one as well (Weiner 112). Most countries have different culture that contributes to people s happiness. People who live in America will not be as happy as the one who lived in Moldova. In Eric Weiner s, book The Geography of Bliss. He was searching for data on happiness. He conducts a study on how people in different countries understand and measure their happiness. The biggest factors that affect people s happiness are the environment and cultural differences. Where you live is a big factor of who you are. People find happiness when they feel comfortable and†¦show more content†¦It’s unsettling. The playground! It used to be right here, I swear. Mess with our hometown, and you’re messing with our past, with who we are. Nobody likes that. (108) This relates to his visit in Qatar where he observed that there are several things that are not common to him. Like there are no 7-11 stores in Qatar because Qataris have helpers that can do groceries for them. He compares his hotel to a climate-controlled tomb even though it is a nice hotel that can provide everything he needs, he is not happy. Last is the solid heat that he felt during his stay. Indeed staying or living in a new environment where not everything is normal in their perspective would be difficult and unsettling to people who is new or not familiar with the environment. I have experienced living in a foreign country where I need to work for one year. At first, I find Taiwan exciting. Meeting new friends and exploring new places is fun. Until, I realized that I missed home where I have my own room where I can sleep comfortably without sharing rooms with other people whom I didn t know personally. In addition, I find it difficult to commute, purchase, and communicate because I don t aware which bus I m takin g. I don t know how to read Taiwan s character which is the posted all over the place and I don t speak their language. Moreover, I lose weight during my stay because I cannot eat the food provided by our company and

Tuesday, May 5, 2020

Edward Thomas - analysis of quote And yet I am half in love with pain free essay sample

Thomas expresses the view that he is ‘half in love with pain’ in various poems, particularly ‘Melancholy’ and ‘Rain’. In both of these poems he seems to resent his troubles but also appreciates them in a rather unusual way. He expresses this by juxtaposing his inner states of joy and melancholy and the outer states of weather and the natural world. Throughout ‘Melancholy’, we see a relationship between pain and pleasure as he presents them as two halves of a whole experience, where one is consistently reinforming the other, as an endless cycle and revolution, like the seasons. When looking at ‘Melancholy’, it is clear that Thomas is suffering and in sadness; it is a state of mind for him. This may also be due to his mother suffering from depression, that he too lived with. Although Thomas resents his illness in this poem, he does not want to change his ways, ‘so that if I feared the solitude / far more I feared all company: too sharp, too rude. ’ His disliking of being alone does not motivate him to find any company as he has found faults in this too. Instead, Thomas remains in this state, which shows the audience that maybe he does not want to escape this gloomy mind set; which then shows us that maybe a part of him takes pleasure in his own sadness. This strange behaviour is expressed more clearly throughout the poem, where he uses a metaphor of weather for his illness, (as we have seen in various other poems from Thomas, such as ‘March’), ‘The rain and wind, the rain and wind, raved endlessly.’ Considering dreary and terrible weather usually reflects Thomas’ own feelings, Thomas’ use of repetition accentuates the never ending pain he endures, as does the more to the point, ‘raved endlessly’. However, Thomas then goes on to say ‘On me the summer storm, and fever, and melancholy / Wrought magic’ Even from ‘summer storm’ we can infer that he has a bittersweet view of his own pain – Summer usually being something Thomas takes pleasure in (as in many poems such as ‘March’ and ‘But These Things Also’, he talks of his happiness as the Winter ends and the more enjoyable weather begins) paired with a storm; and then proceeding to openly addressing his own sadness as a ‘fever’ shows the direct link between the weather and his own emotions. Thomas’ enjoyment becomes clear when he states that this ‘fever and melancholy’ has ‘wrought magic’. Thomas has found something special and moving, although it is often seen as awful and displeasing. He seems to be trying to say that his own illness has cast a spell on him, which is interesting as he addresses it positively with  Ã¢â‚¬Ëœmagic’. This point is proven further when Thomas goes on to say ‘Yet naught did my despair / But sweeten the strange sweetness’; the fact that Thomas repeats the word ‘sweet’ twice exaggerates the extent to which he takes a curious joy in his own pain. In ‘Rain’ there is a link between rain and his own sadness, as Thomas frequently uses rain as a symbol of his own pain being present. However, this poem is somewhat confusing as he describes rain as a dissolver of pain, ‘And neither hear the rain nor give it thanks / for washing me cleaner than I have been’. In this extract Thomas shows the rain to be almost washing away his sins. The rain, in this poem, holds some religious connotations, as Thomas also states ‘Blessed are the dead that the rain rains upon’. Although the rain is seemingly a symbol of cleanliness and purity, it is also a constant reminder of his own solitude and fear of death, ‘nothing but the wild rain / On this bleak hut, and solitude, and me / Remembering again that I shall die’. Here the rain is constant, wild, never ending; the sound of the rain seems to be a reminder of his loneliness in the world. The rain is almost presented as both holy and as an evil reminder, perhaps as half pleasure and half pain. Thomas then goes on to say, ‘But here I pray that none whom once I loved / Is dying tonight or lying still awake / Solitary, listening to the rain’. Here we see that to Thomas, the sound of the rain is a sign of solitude and/or death; but this could perhaps be argued against, as death is the end to all pain. As we have seen earlier on in the poem, Thomas has resented death as it takes away his ability to enjoy the beauty of nature, ‘Remembering again that I shall die / And neither hear the rain nor give it thanks’. Thomas’ famous love for nature is taken away by death, and this is obviously a source of pain for him. However, towards the end of the poem, he states ‘If love it be towards what is perfect and / Cannot, the tempest tells me, disappoint.’ Thomas finds that death is in a way, perfect, as it will dissolve his pain, and can not ‘disappoint’. It is clear that Thomas is conflicted with whether he wants to die, as he finds pleasure in the pain of this, too. In conclusion, Thomas expresses that he is ‘half in love with pain’ through the juxtaposition of his inner views and comparing these with the states of weather: Thomas shows that pain often changes a human being in such a way that they become ‘magic’ and otherworldly, and this change of perspective makes him see the world in a different way, and this, is what Thomas takes pleasure in.

Tuesday, March 10, 2020

Free Essays on The Idealistic Shepherd Vs. The Realistic Nymph

An Idealistic Shepherd vs. a Realistic Nymph As human beings we deal with life essentially two ways, either realistically or idealistically. Human tendency is to see things the way we want to see them, the way that is most appealing to us. Yet society teaches us to take a step back from what we see and look at it from a more objective place. Christopher Marlowe and Sir Walter Raleigh have captured these two phenomenon through the writings of their contrasting poems â€Å"The Passionate Shepherd to His Love† by Marlowe and â€Å"The Nymph’s Reply to the Shepherd† by Raleigh. For the half of the world that is guided by their dreams and fantasies, the idealistic view of the Shepherd in Marlowe’s poem is a perfect illustration. The more realistic answer from the Nymph in Raleigh’s work satisfactorily characterizes the other half of the population that is more grounded and levelheaded. Though the structure of the two poems is virtually identical, they both illustrate that all humans regardless o f age, race, or creed fall into one of these two categories. The work by Marlowe is a prime example of the idealistic point of view that one’s mind or body is what constitutes reality. The views of love and nature seen in the poem fit perfectly into this category. The subject of this poem is a young shepherd who is courting a young lady. He is trying to persuade her to be his love and come live with him in eternal bliss through many promises both tangible and otherwise. Through his many promises of beds of roses, hats of flowers, and slippers with gold buckles he repeatedly tries to convince her that living with him will, as he says, â€Å"all the pleasures prove† (2). In the 3rd stanza the shepherd’s focus shifts from the pleasures nature can offer to what he is willing to provide her with. This is exemplified in lines 21 and 22 as he gives his word that â€Å" The shepherds’ swain shall dance and sing,/ for thy delight each May mornin... Free Essays on The Idealistic Shepherd Vs. The Realistic Nymph Free Essays on The Idealistic Shepherd Vs. The Realistic Nymph An Idealistic Shepherd vs. a Realistic Nymph As human beings we deal with life essentially two ways, either realistically or idealistically. Human tendency is to see things the way we want to see them, the way that is most appealing to us. Yet society teaches us to take a step back from what we see and look at it from a more objective place. Christopher Marlowe and Sir Walter Raleigh have captured these two phenomenon through the writings of their contrasting poems â€Å"The Passionate Shepherd to His Love† by Marlowe and â€Å"The Nymph’s Reply to the Shepherd† by Raleigh. For the half of the world that is guided by their dreams and fantasies, the idealistic view of the Shepherd in Marlowe’s poem is a perfect illustration. The more realistic answer from the Nymph in Raleigh’s work satisfactorily characterizes the other half of the population that is more grounded and levelheaded. Though the structure of the two poems is virtually identical, they both illustrate that all humans regardless o f age, race, or creed fall into one of these two categories. The work by Marlowe is a prime example of the idealistic point of view that one’s mind or body is what constitutes reality. The views of love and nature seen in the poem fit perfectly into this category. The subject of this poem is a young shepherd who is courting a young lady. He is trying to persuade her to be his love and come live with him in eternal bliss through many promises both tangible and otherwise. Through his many promises of beds of roses, hats of flowers, and slippers with gold buckles he repeatedly tries to convince her that living with him will, as he says, â€Å"all the pleasures prove† (2). In the 3rd stanza the shepherd’s focus shifts from the pleasures nature can offer to what he is willing to provide her with. This is exemplified in lines 21 and 22 as he gives his word that â€Å" The shepherds’ swain shall dance and sing,/ for thy delight each May mornin...

Sunday, February 23, 2020

Rapid Freight Communications Refresh Case Study

Rapid Freight Communications Refresh - Case Study Example In fact, the vision of the company is to ensure stipulation of the best customer service to maintain customer satisfaction and improve company value. This paper will identify several requirements in Rapid Freight and provide an analysis of the requirements. This essay will also provide a proposal regarding a converged network solution which solves the identified requirements from a cost-benefit perspective. As stated above, Rapid Freight hopes to excel in providing logistics services and efficient transport facilities to the clients. However, there are several challenges that are closely related to the business structure. This asserts that Rapid Freight has several requirements as a freight forwarder. According to the case study, it is quite evident that Rapid Freight requires an improved transport system. Rapid Freight operates in a highly competitive environment, therefore; the company requires an improved transport system to cope with the growing number of clients. An improved tra nsport system will ensure that Rapid Freight has an on-time delivery schedule. The improved transport system can also involve video conferencing in order to reduce travel-related issues (White, 2011). Rapid Freight also needs to upgrade its telephone system. Currently, Rapid Freight uses the ISDN telephone system that is quite outdated. Research asserts that the company has been avoiding upgrades due to the high cost involved. The ISDN telephone system has significantly hindered Rapid Freight from optimal performance (White, 2011). In addition, the ISDN service provider has turned out to be extremely costly to Rapid Freight International. This affirms that the company should invest in an upgraded telephone system that will significantly lower costs and ensure maximum consumer protection. Rapid Freight should also improve their communication system to ensure customer satisfaction. A robust communication system allows clients to communicate effectively with the representatives of the company in regard to freight services. According to the case study, the voice mail system belonging to Rapid Freight is overloaded due to the high influx of messages sent by clients (White, 2011). Although the mobile workforce of the company has also grown rapidly, the company can enhance the mode of technology used by the drivers. Introducing new technology among the drivers will ensure that the drivers are able to scan consignments and later sync them through a GPRS link to the headquarters of the company, whereby the consignments are usually tracked. In addition, Rapid Freight can also upgrade their web-based systems which are used by clients to execute various tasks. Some of the tasks include generating reports and creating freight communication. This upgrade will ensure that Rapid Freight can curb the growing number of clients in its wide area network (WAN) (White, 2011). Various sources claim that Rapid Freight has a vision of increasing their bandwidth in most of the offices, especially those located in the United States. Through this, the company will avail a reliable and secure network. Hence, this will ensure that network outages and unscheduled downtime are avoided entirely. The web-based technologies will also assist the company substantially when tracking freight, communicating with the customer, ensuring on-time deliveries and differentiating the services offered by the company. Rapid Freight can

Friday, February 7, 2020

Health, Safety and Welfare for Construction and the Built Environment Essay - 1

Health, Safety and Welfare for Construction and the Built Environment - Assignment 2 - Essay Example We also use data for the department of labour to ascertain if certain types of identified risks are preventable as well as their chances of recurrence. When we have compiled the information about probable chances of hazards at the construction site, a decision is made based on this particular information. We also analyse the statistics of similar hazards identified or that have occurred in other construction sites in order to come up with effective solutions to prevent them. The diagram below illustrates the methods we use to identify potential hazards at out construction site. The most common hazards in any construction site include slips, trips and falls. These may cause both minor and severe injuries. Slips are common on wet surfaces while falls and trips can occur at any stage of construction. Lifting crane is a commonly used for lifting building material like bricks, cement, sand and other material. However, there is a risk that the items may fall which can cause injuries among the employees. Answer: Standard formats for identifying and record hazards on site are mainly used for presenting a solid basis upon which all hazards can be measured, interpreted as well as addressed. Our company has its own standard form of identifying and recording hazards. We mainly use this standard form to get feedback from the employees and supervisors. It provides all possible and probable hazards so safety supervisors do not need to think a lot during questioning. He just needs to follow the standard form. Another very important use of the standard form is to compile data. If we don’t have any standard form to identify hazard, collected data will be a mess. Finding out data from that mess will be very hard. By using the standard form, we can compile the data as our requirement. We just need to set the standard form in the desired format. By using standard form to identify and record hazards, we actually make this data

Wednesday, January 29, 2020

Dynamic Universe 1 Journal Essay Example for Free

Dynamic Universe 1 Journal Essay From the very beginning, the studying for the universe has been accompanied with numerous misconceptions and myths: from flat structure of the earth and earth-centered model of the universe to contemporary astrology and horoscopes. From the critical perspective, if the early explanations about the universe and our place in it could be explained due to known technological limitations of the ancients, modern astrology does not have any viable explanations. As Phil Plait argues on his website Badastronomy. com, modern astrology cannot be considered a science a priori and there are many reasons to make us support this statement. Unlike astronomy, which is based on universally developed methodologies, derived primarily from physics, chemistry, and mathematics, astronomy does not use any of them. The latter lacks even universally agreed method, as Phil Plait explains, some astrologists claim that â€Å"the moment of birth is important, others say its the month, etc†¦ but they all operate under a very broad working assumption: there is some sort of force from the heavens that influences us here on Earth. † Although during the development of the astronomy there have been various differences in theories and ideas, for instance Big Bang model, all of them were developed on the thorough scientific analysis of data and mathematical models coupled with specific methodologies. With some deviations, astrology can be compared to Sun worship practices during the ancient times. Naturally, Sun worship originated in agricultural areas due to the people’s heavy dependence of the sun light for the crop. If assessed critically, Sun worship has been a dominated religious practice. Wikipedia online encyclopedia indicates that Sun worship has been characteristic for Egyptian, Japanese and Nordic mythologies. Ancient Greeks also worshiped Helios, God of the Sun. Simultaneously, the list of solar deities provides even more evidence about the dominance of Sun worship during the early periods of ancient civilizations. Surprisingly, Smithbrad traces important connections of Sun worship and astronomical basis to the Christian religion, indicating both historical and scriptural evidence. For observers from the earth, the Sun and the Moon represent two most bright objects on the sky. However, from the critical perspective, these objects are not unique, not only by their form but also by the characteristics of their light. Practically, the story of star formation is a study in contradictions. It starts with atoms, molecules, and dust particles floating aimlessly in the dark and frigid depths of interstellar space. Out of the cold and empty expanses, gravity brings these scattered particles together to form stars. Over hundreds of millions of years, these gas and dust particles congregate into enormous clouds that can span hundreds of light-years. The two lightest elements hydrogen and helium dominate these clouds, accounting for about 92 percent and eight percent of the atoms, respectively (NASA, 2005). Dust grains account for about one percent of a clouds total mass. Astronomers call these clouds giant molecular clouds because they also contain trace amounts of molecules such as water, alcohol, ammonia, and various carbon-based organic compounds, which represent raw components of life. All in all, the clouds contain enough material to form tens of thousands of new stars. Magnetic fields and the random motions of gas molecules prevent the cloud from collapsing under its own weight. The various gas and dust particles jostle about, but eventually, enough mass congregates in one region to initiate gravitational collapse in a small portion of the cloud. Astronomers once thought that cloud collapse was usually triggered by external disturbances, such as supernova shock waves or stellar winds. Nowadays, however, most astronomers think that cloud collapse usually happens on its own, although triggering mechanisms can still play an important role (NASA,2005). Over the course of several millennia, a collapsing gas cloud fragments into tens to thousands of relatively dense, rotating clumps of gas that will ultimately form newborn stars. Emission and reflection nebulae are abundant in the universe, though not observed with the naked eye. Practically, emission nebulae, â€Å"cloud of gas and dust floating in space,† emit their own light, due to the presence of ultraviolet radiation coming from the hot star or star clusters stars (Nebulae, 2005). The very hot star emits highly energetic radiation of the invisible part of the electro-magnetic spectrum, and the emission nebula re-emits the radiation in the visible light (M42, 2005). Unlike the reflection nebulae, in the emission nebulae the atoms of the dust are energized by the radiation (ultraviolet) and start emitting (not reflecting) their own radiation as atoms fall back into lower energy states. This process of the radiation emission can be compared to the Sun, with the only deviation that the latter emits radiation and light due to the processes which occur in the Sun’s core without any impact from the outside object. Simultaneously, reflection nebulae reflect the light coming from the star or star cluster. This process can be compared to the Moon, as it also reflects the light coming from the Sun, not emitting its own radiation. From its own origin when being formulated by LemaÐ ¾tre and proved by Hubble, the Big Bang theory evidenced many contributions, objections and simplifications. The Hubble Law states that galaxies in every direction are distancing away from us with speeds proportional to their distance. The major contribution to the Big Bang theory has been made with the data obtained from satellites COBE and WMAP, and the Hubble Space Telescope. The data allowed scientists to formulate the statement that the universe has been formed 14 billion years ago in a hot, dense, event known as the â€Å"Big Bang. † Practically, what the theory of â€Å"Big Bang† provides is the explanation of nature and major characteristics of the universe. There is no edge or boundaries in the universe. The expansion of the universe is occurring at all points simultaneously. Therefore, as Richard Powell explains the most of 350 billion galaxies which contains the universe are moving away from one another. However, it does not necessarily mean that the Earth or our galaxy is moving. As it is known, galaxies are distributed not universally. The systems similar to our Solar System and the Milky Way are formed from under the gravity and thus are restrained from moving apart. However, 350 billion galaxies and 3. 5 trillion dwarf galaxies in the universe are collected into vast sheets, clusters and superclusters of galaxies surrounding large voids. Bibliography Phil Plait. Astrology, available at http://www. badastronomy. com/bad/misc/astrology. html Accessed Oct 3, 2005 The resource is dedicated to various misconceptions in the astronomy, including numerous myths and beliefs, like astrology, pseudoscience and science portrayal in contemporary movie industry. Wikipedia Encyclopedia. â€Å"Solar Deity† available http://en. wikipedia. org/wiki/Solar_deity Accessed Oct 3, 2005 World Largest Open Encyclopedia, which offers explanations on various issues, including the astronomy and related subjects. Though not cited, this resource http://en. wikipedia. org/wiki/Big_Bang#Hubble. 27s_law_expansion became very useful for the journal preparation. Smithbrad â€Å"Sun Worship† Available http://smithbrad. nventure. com/sunworship. htm Accessed Oct 3, 2005 Resource aims to provide connections between Christian faith and practices with the Sun worship tradition as the most ancient tradition among all religions. The resource provides both scientific and scriptural evidence for its statements. â€Å"Nebulae† Available http://www. seasky. org/cosmic/sky7a05. html Accessed Oct 3, 2005 Web resource is dedicated primarily for concise and practical explanations of astronomical terms and phenomena. It offers graphic and photo illustrations to explains various issues in the astronomical science. NASA. â€Å"Imagine the Universe† Available http://imagine. gsfc. nasa. gov This resource provides information for star life cycle patterns, which was useful for conducting the journal, particularly on the questions on emission and reflection nebulae. â€Å"M42† Available http://www. seds. org/messier/m/m042. html Accessed Oct 3, 2005 The resource is a part of the Messier Catalog. It became useful for the journal discussion on reflection and emission nebulae, offering photo illustrations and discovery history of Orion Nebula, also known as M42 Richard Powell â€Å"Atlas of the Universe† Available http://anzwers. org/free/universe Accessed Oct 3, 2005 It is the most useful resource for general explanation of the Big Bang theory, providing graphical illustrations of its major concepts and problematic moments. Maps compiled by Mr. Powell has been used for journal explanations and references.

Monday, January 20, 2020

The Life and Works of Walt Whitman :: Biography

Poets write various styles of poetry. They use their own personal experiences, ideas, and creativity. Walt Whitman used all of these styles in his writings. He had experienced trials and tribulations throughout his whole life. Whitman did a lot of moving during his childhood, and that probably caused his personality to be neurotic. There are a lot of things that he has done to change the writings of future poets’. Walt Whitman was born on May 31, 1819 in Long Island, New York. He was the second son of Walter Whitman and Louisa Van Velsor. His father was a house builder. The family consisted of nine children (Whitman 1). The Whitman’s moved to Brooklyn when Walt was only four years old (334). When he was only twelve years old, he began to learn the printer’s trade and he fell in love with the written word, and became accustomed to reading the bible (para. 2).He did not have a formal education, and he read the works if Sir Walter Scott, Shakespeare, Homer, and Dante (Feldman 438). Whitman had worked as a printer in New York City until a fire annihilated the printing district where he was working at. When he turned 17 years old, he became a teacher in the one-room school houses of Long Island. Whitman continued to teach until 1841, he turned to journalism and this became his full-time career (Whitman para. 3). Whitman founded a newspaper called, The Long Islander, and later on he edited numerous of Brooklyn and New York newspapers. He left Brooklyn’s, The Daily Eagle, to become the editor of the New Orleans Crescent. He experienced first hand the cruelness of slavery in the slave markets of New Orleans. When he returned to Brooklyn, he found the Brooklyn Freeman and he started to develop a unique style of poetry (Whitman para. 4). Whitman had a unique sense of writing styles. People say that he had an â€Å"organic† style of writing of Hebrew poetry and is based on the device of parallelism. Whitman’s poetry contained elements of repetition (Unger 332). His characteristics also had a lot to do with his writings. People say that in his own way that he was an intellectual, and was a highly unorthodox poet. He had a neurotic side. They described him as a convert bisexual, quirky, elusive, and power-seeking (332). Whitman’s sexuality had some influence on his writings. He had some difficulty with his sexuality.

Sunday, January 12, 2020

Cost Centres, Profit Centres, Investment Centres Essay

The increasing complexity of today’s business environment makes it virtually impossible for most firms to be controlled centrally. Decentralisation is a necessary response to this increasing complexity and involves the delegation of decision-making responsibility by senior management to sub-ordinates. The structure is such that decision making is dispersed to various units within the organisation, with managers at various levels making key decisions relating to their centre of responsibility. These centres of organisational activity are known as responsibility centres and may be defined ‘as a unit of a firm where an individual manager is held responsible for the unit’s performance.’1 The performance of each centre and its manager is measured and controlled through a system of responsibility accounting which is based on the principles of locating responsibility and tracing costs/revenue/investments etc. to the individual managers who are primarily responsible. The division of the firm into separately identifiable units of responsibility allows for more accurate measurement of managerial performance because local information is more thorough. Overall, in order to obtain an accurate measurement of managerial performance, measures should be based on elements which the manager can control or significantly influence. There are three main types of responsibility centre. A cost centre is the lowest level of responsibility, and performance is measured in terms of the costs incurred by it. Cost centres do not generate revenue and therefore have no profit objectives, which differentiates it from profit and investment centres. Managers of cost centres are accountable only for controllable costs and are not responsible for level of activity or long-term investment decisions. Managerial performance is measured by efficiency of operations in terms of the quantity of inputs used in producing a given output. The basis of this type of measurement lies in comparing actual inputs to budgeted controllable costs or some predetermined level that represents efficient utilisation. Cost control and efficiency of operations are the main elements of this type of unit. However, costs in general can be difficult to measure, trace and allocate and it can be difficult to differentiate between controllable and uncontrollable costs. This poses a major drawback for the evaluation of cost centres and their management, since cost is its main element of measurement. The focus being mainly on costs, makes this centre some-what weak in terms of evaluation and measurement of managerial performance. Cost centres can be split into two different types; standard cost centres and discretionary cost centres. In the former, measurement is exercised by comparing standard cost with actual cost. Variances would be indicative of the efficiency of the centre and therefore its managers’ performance. Discretionary cost centres are centres where output cannot be measured in financial terms, for example advertising and publicity, R&D etc. ‘Control normally takes the form of ensuring that actual expenditure adheres to budgeted expenditure for each expense category.’2 However, a major problem with this type of responsibility centre is the measurement of the effectiveness of expenditure and the determination of the efficiency of the centre itself and its management. A profit centre offers an additional element to the measurement process in that both inputs and outputs are measured in monetary terms. The manager of a profit centre has increased autonomy as s/he is responsible for revenue as well as costs; hence it is easier to measure the effectiveness and efficiency of managerial performance in financial terms. ‘In this situation, managers are normally free to set selling prices, choose which markets to sell in, make product-mix and output decisions and select suppliers.’3 A profit centre differs form a cost centre in that its main objective is to maximise profit and the performance of the manager is measured in terms of profit made. Top executives allocate assets to a profit centre, and the manager is responsible for using these assets to make a profit. Each profit centre has a profit target and has the authority to adopt such policies that are necessary to achieve these targets. Profit centre managers are evaluated by comparing actual profit to targeted profit. Profit analysis using profitability ratios or segmented income statements are used as a basis for evaluating managerial performance. The major issue with profit statements is the difficulty in deciding what is controllable or traceable, and in order to assess the managers’ performance rather than the economic performance of the unit, measures must be based on controllable profit only. Another difficulty arises in allocating revenue and costs to profit centres, as it is unlikely that the profit centre is completely independent. This has prompted many firms to use multiple performance measures such as a balanced scorecard, which measures non-financial as well as financial elements of the unit. The measurement of profit is also compounded by the use of transfer prices and agreeing on its ‘fairness’. Transfer prices are allocated to goods transferred from one unit to another within a firm. The implication of transfer prices is that for the selling unit it will be a source of revenue and for the receiving unit it is an element of cost, and as a result each division may act in its own interests. Transfer pricing therefore has a significant bearing when calculating revenues, costs and profits of responsibility centres. The choice of transfer pricing method is important because it affects goal congruence as well as performance measurement. However, it is difficult to determine the correct transfer price, as there are a wide variety of methods available, varying from negotiation to approaches based on the market or based on cost. The investment centre manager has increased responsibility in comparison to the cost and profit centre managers and as a result there are further options for managerial performance measurement by top management. The investment centre manager has responsibility for revenue and costs, and also has the authority to make capital investment decisions. This type of unit represents the highest level of managerial autonomy. An investment centre differs from a profit centre in that investment centre management is evaluated on the basis of the rate of return earned on the assets employed or the residual income earned, while profit centre management is evaluated on the basis of excess revenue over expenses for the period. The manager in charge has the objective of profitability, depending not only on sales but also on profitability of the capital used. Overall, investment centres offer the broadest basis for measurement in the sense that managerial performance is measured not only in terms of profits, but also in terms of assets employed to generate those profits. Performance can be measured using a variety of tools, and this ensures that the drawbacks of one method are overcome by the merits of another. This in turn leads to more accurate results and is one of the main reasons why investment centres are so popular as a means of managerial performance measurement in large companies. Both the effectiveness and the efficiency of the manager can be assessed by reference to the accounting data available. Investment centres offer many qualities required for good managerial performance measurement. For example, they provide incentives to the unit manager, they can recognise long-term objectives as well as short-term objectives and the increased responsibility means there are more controllable factors for use in performance measurement calculations. Return on investment is a measurement approach in common use in investment centres. This method has the advantage of being simple and easy to calculate. ‘ROI expresses divisional profit as a percentage of the assets employed in the division.’4 It has the further advantage of motivating managers to achieve the best return on investments in order to achieve the associated rewards. ROI provides a return measure that controls the size and is comparable to other measures. It can be used as a common denominator for comparing the returns of similar businesses, such as other divisions within the group or outside competition. It is widely used and most managers understand what the measure reflects. However, some complications arise in the calculation of this method. For example, difficulties regarding the calculation of profit, some of which are described above. Profit can be defined in a number of ways and this enables the figure to be manipulated. In the case of the figure for investments, the question arises whether this should be total assets (gross or depreciated), total operating assets or net total assets. The result would differ in each case, but if consistency is maintained throughout the organisation, decisions would remain unaffected. Another difficulty that may arise in relation to this method is that managers may focus on self-interests rather than the overall goal of the organisation and some profitable opportunities may be ignored because s/he fears potential dilution of existing successful endeavours. Furthermore, ROI does not adequately recognise risk. A manager who generates a large ROI result may be investing in riskier assets which may not be consistent with organisational goals. Use of ROI as a managerial performance measure can lead to under or over investment in assets or incorrect asset disposal decisions, in order to achieve the result the manager requires to accomplish his reward. To overcome some of the above difficulties, many firms use residual income to evaluate managerial performance. This method seeks to motivate managers to invest where the expected returns exceed the cost of capital. For the purpose of managerial performance measurement, ‘it compares the controllable contribution of an investment with the targeted rate of return.’5 There is a greater possibility that managers will be encouraged to act in the best interests of the company. Another advantage of this method is that it is more flexible because different cost of capital rates can be applied for different levels or risk. Though ROI and RI operate on a similar basis, RI proves better in certain circumstances. For example, if ROI is chosen as the measuring technique, managers may be reluctant to make additional investments in fixed assets as it may bring down the ROI for their centre. RI calculation results would be more accurate in these situations. However, residual income does not overcome the problem of determining the value of assets or the figure to be used for profit. If RI is used in a short-term perspective, it can over-emphasise short-term performance at the expense of long-term performance. Investment projects with positive net present values can show poor ROI and RI results in early years, leading to rejection of projects by managers. Residual income also experiences problems in comparing managerial performance in divisions of different sizes. The manager of the larger division will generally show a higher RI because of the size of the division rather then superior managerial performance. Another drawback for this method is that it requires an estimate of the cost of capital, a figure which can be difficult to calculate. Economic value added is an extension of the residual income measurement. It measures surplus value created by total investments which include funds provided by banks, shareholders etc. Its key element is the emphasis on after-tax operating profit and the actual annual cost of capital. The latter aspect differentiates it from the RI measure, which uses the minimum expected rate of return. EVA is a further step towards encouraging centre managers to concentrate on the overall goal of the organisation rather than their own self interests, hence reducing dysfunctional behaviour. The above measures are financial measures. As stated previously, it is important also to study non-financial aspects, such as customer satisfaction, quality, internal processes, growth etc. in order to get a more complete picture when measuring managerial performance. The above measures also focus on performance within the investment centre and do not consider the performance relative to overall company objectives. In conclusion, it can be stated that in order to assess managerial performance as opposed to the economic performance of the division, it is vital to make a distinction between the controllable and uncontrollable elements used in the chosen calculations. Each measurement technique is not without limitations, but these difficulties can be overcome by using a wide variety of measurement tools and striking the right balance between them. Of the three types of responsibility centre, an investment centre can be considered to yield better results, as it allows for the broadest basis for measurement, making it widely popular as a means of managerial performance measurement. 1 C. Drury, Management and Cost Accounting, 6th Ed. P. 653 2 C. Drury, Management and Cost Accounting, 6th Ed. P. 654 3 C. Drury, Management and Cost Accounting, 6th Ed. P. 654/655 4 C. Drury, Management and Cost Accounting, 6th Ed. P. 845 5 IPA Manual, Management Accounting, P 239

Saturday, January 4, 2020

Love and Rob Essays - 1302 Words

Remembering â€Å"Rumblefish† Rob Sheffield is former radio D. J., as well as an editor and columnist for the Rolling Stones magazine. He stumbled upon a mix tape titled Rumblefish with no songs written on it. At first he referred to it as â€Å"just another piece of useless junk that Renee left behind† (Sheffield 643). Renee was his wife whom passed away after they were married for only five years. So as he listens through the tape, he finds himself re-living and relieving the memory of his life with his much loved wife; and each song is related with bittersweet memories. And so he drowns and looses himself into the mix tape. Thinking back, there were many where I did just that. I would spend hours composing remix tapes and much thoughts†¦show more content†¦Rob has been a music journalist for over twenty years; his writing career began back in the days with Renee. He referred to them as â€Å"we were rock critics, freelancing for the Village Voice and Spin Option.† (Sheffield 648). They also DJ for their independent radio station and when they are not working they would flip through vinyl records in music stores, listened to a lot of new songs and wrote about them as fast as they could to meet the demand of the music mainstream. Since then, Rob continues to write about music, TV and pop culture. Love is a MIX Tape: Life and Loss, One Song at a Time, is the national bestseller that was he published in 2007 and has been translated into more than 7 different languages. Rumblefish is an excerpt from that book and you can listen to all the tracks he referred to in the essay at www.random house.com/crown/mixtape (Sheffield). He recently just finished his newest book, titled Talking to Girls about Duran Duran, which is also a memoir about music. Rumblefish mix tape was composed back in 1993, when the 90’s was exploding with pop culture. â€Å"Bands that was too weird, too feminist, too rough for the mainstream a year earlier was suddenly were the mainstream† (Sheffield 648). Nirvana, John Travolta, 90210, R.E.M., Whitney Houston, Pearl Jam, Pavement; punk music and the alternatives were the newShow MoreRelatedDon t Love Or Like Someone And You ll Go !955 Words   |  4 PagesTry telling yourself you don t love or like someone and you ll go crazy. To try not to impress him or try not to think about him†¦. It s like you want to be with him, but nowhere near him all at the same time. It s not easy! They say if you love something let it go. Is it really that simple? Love one day and forget the next? That just won t work! I mean how could you love so meone or something and just let it go? If you want something you should go for it right? Hold on to it and never let itRead MoreHolden Caulfield Isolation And Isolation1471 Words   |  6 PagesFidelity Rob Fleming struggles with his isolation. In J.D. Salinger’s The Catcher in the Rye, Holden Caulfield isolates himself because he struggles with the world and what it’s people have become. Similarly, Rob and Holden have an enormous amount of self-inflicted pressure on themselves, creating amplified expectations for themselves. Next, Rob and Holden have issues committing themselves to their lives and the important elements of it. These include relationships and people primarily; Rob and HoldenRead MoreUnit 1 Tort Law1190 Words   |  5 PagesLight, there are many causes where the family can be compensated for damages of intentional. Some of the causes that Rob Jr. can take against the Church of the Divine Light are mental stress because Rob Jr. was brained washed by th e Church of the Divine Light and took several weeks for him to recover his sanity, false imprisonment because the Church of the Divine Light tricked Rob Jr. believing he would go to hell if he left the church, and that that was his new family and that his family did notRead MoreEssay on Nick Hornbys High Fidelity970 Words   |  4 PagesHornbys High Fidelity, the main character, Rob, relates music to every aspect of his life. He utilizes music as an escape from his anxieties regarding his failing record store, relationship, and sense of self. Music provides Rob with the inspiration that keeps him going: Records have helped me to fall in love, no question. I hear something new, with a chord change that melts my guts, and before I know it Im looking for someone. (169) Music prompts Rob to isolate himself, hold an unrealisticRead MoreThe Movie: Flicka838 Words   |  4 Pagesthe love of family, nature, and horses. This movie shows you the summer of a ranchers daughter. Katy McLauglin (Alison Lohman) is the teenage daughter of a horse rancher who is looking to hand over the reins of the family business. While her family is on the ranch, Katy is studing at a private school feeling like her own kind of misfit. One day, while out riding, Katy finds a beautiful black mustang and instantly feels an emotional connection with the wild horse. Katy begs her father, Rob McLaughlinRead MoreA Family Member with Leukemia in The Michelle Know by Alison Lohans1009 Words   |  4 Pagesand becomes depressed, but when she meets and talks to Claude, a patient who is experiencing leukemia for 8 years, she regains confidence in herself. At the end, Michelle finally realizes that she can still have a wonderful life and enjoy it because Rob is there to support her and to make her happy. Michelle has an internal conflict with herself due to the side effects of cancer which made her lose her hair and makes her feel unworthy. The central conflict is supported in the story by the title, theRead More high fidelity Essay1090 Words   |  5 Pages High Fidelity nbsp;nbsp;nbsp;nbsp;nbsp;Rob, the main character in the movie High Fidelity, is experiencing a mid life crisis in his mid 30’s. He is beginning to question whether or not his current job is right for him and if t is as fulfilling as he wants it to be; he also begins to question his past relationship and evaluate what went wrong with them. This mid life crisis is onset by his stable live in girlfriend leaving him because of many things but it was mainly triggered by feelings ofRead MoreSherman Vrs Light1298 Words   |  6 Pagesâ€Å"bringing him† from their intentional â€Å"brainwashing† of their minor child. I. Will Rob Jr. (technically, his parents will sue the church on his behalf) be able to get this case to trial? What are the defenses that the church may raise in defense to Rob Jr. s causes of action? a) Yes, when the parents, Mr. and Mrs. Robert Sherman, Sr., hereinafter called the Parents, decide to sue the church on behalf of Rob Jr., there is a high likely hood that they could get the case to trial. For the factRead MoreMy First Archaeological Field Expedition1133 Words   |  5 Pagesbecause they had that brotherly love, all jokes and comradery. At first I was freaked out about having to share a tent with guys I barely knew but the outgoing nature of the two made me feel comfortable and not excluded. We were the first to pitch our tents from scratch, I didn’t even have to do anything but watch the guys work in the hot sun, shirts off, abs flexing with every movement, sweat dripping off their skin. I gained the envy of every women there that day. Rob and Chad were sweethearts, afterRead MoreMayor Ford’s Speech: His Confessions and Mistakes839 Words   |  3 PagesToronto Mayor Rob Ford has recently become internationally known for his admission to having smoked crack cocaine as well as being the target of many comedians and of much ridicule on a global scale. This began with his confession on November 5, 2013 at a press conference. How could the speech by Rob Ford be read and interpreted differently by two different readers? This speech would be interpreted differently when comparing the reaction of a Rob Ford supporter to that of an adversary, this difference