Becton Dickson Companys SHRM

Becton Dickson Companys SHRM Presentation The accomplishment of a firm’s efficiency relies upon the association of the human asset the executives. Brilliantly, work as a factor of creation, decides the gross yield, execution, and objective accomplishment at ideal asset use.Advertising We will compose a custom contextual analysis test on Becton Dickson Company’s SHRM explicitly for you for just $16.05 $11/page Learn More The Becton Dickson Company has been battling with human asset the board issues that extend from rivalry, work structure, and money related imperatives. The current SHRM of the organization shows restriction of accessible components of creation, particularly on ideal work use and representative inspiration. Along these lines, expository paper endeavors to expressly audit the current issues confronting the SHRM of Becton Dickson Company and its importance. What's more, the treatise investigates the rebuilding model of SHRM that would address these difficulties. Current Issues Facing B ecton Dickson Company Current spending plan of the Becton Dickson firm may not permit it to use all components of creation in the economy. Becton Dickson Company faces a few confinements in its activities after the abrupt rebuilding. To start with, the dubious working conditions enormously affected on employees’ certainty and execution designs. As employees’ salaries stay flimsy, and moderately low, it was normal to observe an underperformance and low assurance at work. The exchanging conditions kept on staying a test particularly for this organization. These antagonistically impacted the capacity of Becton Dickson to accomplish the anticipated deals and thusly, the general financial plan was influenced. Increment in costs of elements of creation straightforwardly influences planned expense of creation, and therefore low salary earned by representatives. Moreover, powerlessness of the organization to use its frameworks and procedures thwarted the development of its bus iness as it decreased capacity of the organization to draw in the correct work aptitudes and demeanor. At long last, the organization faces operational dangers in regions, for example, flexibly chain the board, correspondence frameworks, and human asset management.Advertising Looking for contextual analysis on business financial aspects? How about we check whether we can support you! Get your first paper with 15% OFF Learn More Given that the organization needs to work inside a foreordained spending plan, changes in the individual segment of the spending influence the tasks of the whole business. Becton Dickson is presented to various dangers. For example, following the securing coordinations and rebuilding, the organization needs to stay above water in spite of rivalry. Besides, the human asset office is genuinely receptive to abrupt swings and furthermore extremely touchy to changes in salary. Since the rebuilding, the organization has endured vigorously, as correspondence framewo rk for executing these progressions appeared to have separated. Because of repetition, absence of execution assessment forms, representative testing, and sound work culture, the organization is presently confronting vulnerability. These frameworks are basic in improving initiative abilities, assessment aptitudes, advancing inventiveness, and remunerating exceptional accomplishment. The organization is encircled by a few open doors for development of business. Notwithstanding, the human asset division is truly immature in spite of the way that work decides all out yield, in this way productivity. Noteworthiness of SHRM Profiling as a Policy and Practice at Becton Dickson SHRM profiling in Becton Dickson comprise of preparing and advancement programs that are both at work and off-the activity. These ought to be worked around the center business esteems and is immovably lined up with the business technique †creating abilities that will bolster future development of the business. T he aftereffects of the program are intended for factual t-testing of significance of assessment procedures embraced in inspecting business terms and execution. In spite of the way that this organization has a new activity for adjusting the past missteps, it has not completely embraced a comprehensive profession improvement plan. The executives should understand that there is no better method to accomplish this instead of using preparing and improvement. Further, Becton Dickson Company ought to assess adequacy of preparing and advancement in understanding the objectives and destinations of their set targets.Advertising We will compose a custom contextual analysis test on Becton Dickson Company’s SHRM explicitly for you for just $16.05 $11/page Learn More The administration of the organization should utilize results of trainings and improvement in dynamic relating advancements and moves inside the association. Plus, the organization ought to attempt a few vocation improvement p rograms, such would be vital for pulling in and holding human asset base. The organization ought to consider giving a vocation pay structure that underpins the associations just as individuals’ development and improvement viewpoints that assess representatives and produce progression pipe-lines for crucial employment positions in the association. Since these angles are joined in the SHRM profiling, it stays extremely applicable and ought to be completely received as an approach and practice by the organization. SHRM profiling as an arrangement encourages evaluations on execution of the human asset capacity of an organization. Brilliantly, such examinations are significant as they help representatives to build up their exhibition comparable to the desires from the business and expected results as concurred during execution arranging. Further, the examinations uncover holes that might be characteristic when executing obligations. Toward the finish of examination system the line administrator and the staff part define an arrangement for additional improvement for the following time frame. In the self-awareness plan, the representatives set destinations dependent on the input from their exhibition examination and it is compulsory for all staff individuals to have such an arrangement. The entire intuitive evaluation process is helpful as it helps representatives in building up an engaged employment trail. Further, the procedure is reasonable. The holes noted during the audit procedure are spanned via preparing and improvement. These trainings that are a piece of the SHRM for Becton Dickson will help in setting up the staff individuals for future administrative duties.Advertising Searching for contextual analysis on business financial matters? How about we check whether we can support you! Get your first paper with 15% OFF Find out More The exhibition survey procedure will help the board of the organization to have an efficient, useful and spurred human asset base. Remaking the SHRM Profiling for Becton Dickson Company SHRM for Becton Dickson ought to be renovated to be progressively comprehensive in framework assessment and revealing of progress for every HR strategy proposal. The execution ought to be done in three stages with the main stage effectively including a re-appropriated master in the field of dynamic. After a fortnight, the administration should then plan in-house programs as a continuation of the main stage inside the subsequent stage. In the last stage, the whole workforce is urged to disguise the idea at first presented and deactivate dread and feeling of inadequacy when tending to issues important to the association and at individual level. In spite of the fact that this procedure ought to be consistent, the dynamic part ought not run for over four months from initiation at a spending plan under fou r percent of the company’s net income. Since greatness of progress is quantum as huge changes including society, structure and system of the organization is required. This type of progress is fundamental and pertinent on account of Becton Dickson Company as the organization endeavors to rebuild its human asset part. Also, when received, administration duty, execution effectiveness, and consistent persuasive arrangements will encourage responsive administration. This adjustment of the SHRM would straightforwardly affect on the criticism channel as representatives will have inspirational capacity to proactively take an interest in dynamic procedure. Subsequently, the learning focused procedure will encourage ideal execution which is explicit to the objectives and wants of the organization as the workforce would have the sentiment of being valued and perceived for extraordinary execution. Preparing and advancement shapes some portion of authoritative procedure for the most part since human asset office is portrayed by steady elements in the board since work showcase is continually influenced by advertise swings. Thus, there is a need to consolidate authoritative aptitudes, information and culture with the new difficulties and requests. Subsequently, there is consistent need to utilize preparing and improvement generally on the grounds that the division works in an exceptionally defined condition. The results of execution examination are not just impacted by work execution of the representative, there are other a few different variables that may impact execution evaluation rating of the workers. For example, execution activity programs, inspiration projects, and group building ought to be changed into arrangements and incorporated in the SHRM profiling practice for the organization. Another test to HRM office is appropriately embraced a few vocation advancement programs simultaneously. On the off chance that it were appropriately incorporated, such would be vital for drawing in and holding human asset base. Hence, the company’s SHRM ought to experience alteration to factor in the parts of inspiration, execution, and results survey. Brilliantly, through worker assessment, the procedure will redesign the organization towards proficiency. Luckily, a complete SHRM has space for alteration to factor in this viewpoint and enhance revealing framework as a strategy profile for the Becton Dickson Company. Convincingly, independent of the consequ

Occupational Therapy Free Essays

Early June 2011 my granddad endured a minor stroke at 76 years old. He was immediately admitted to John Muir in Walnut Creek, a couple of days passed by and he just appeared to deteriorate; when tragically my family’s most exceedingly terrible bad dream turned into a reality. My granddad persevered through another stroke, however this time it was considerably more genuine. We will compose a custom exposition test on Word related Therapy or then again any comparable subject just for you Request Now This put my family in a tremendous measure of enthusiastic trouble, everybody was alarmed and we had no clue what would happen to my granddad. It happened so quick, all we needed were answers. Be that as it may, when we found solutions, they were a long way from what we needed to hear. A couple of days after my grandfather’s second stroke my family met with his PCPs who demonstrated little expectation or idealism. They disclosed to us we were fortunate he was as yet alive, however with the condition he was in now we were never going to see him walk again, he would presumably never talk again, and he was certainly never going to have the option to live autonomously until the end of time. As he continued disclosing to us what would happen to my grandfather’s life, the words cut like knifes. My cousins and I watched our folks bewail with distress as we just sat aside our grandfather’s emergency clinic bed feeling defenseless and befuddled. About a month passed by while my granddad was still in John Muir, and his advancement was nothing to rave about. We would visit him day by day, yet he never appeared to show signs of improvement. He couldn’t eat, talk, or move, yet we just reminded him to continue battling and we knew, with trust, he would have the option to make a generous recuperation. At the point when my granddad was excused from the John Muir emergency clinic in Walnut Creek, he moved into the Kaiser Permanente Medical Center in San Leandro. While in San Leandro, he began to get progressively exceptional treatment, his recuperation was moderate yet we began seeing upgrades; he had the option to eat strong food, without a siphon, started to talk once more. While visiting my granddad in San Leandro I was acquainted with word related treatment just because. I had no clue what word related advisors did or even what word related treatment was, yet as I participated in a couple of my grandfather’s meetings I turned out to be exceptionally intrigued. As per the World Federation of Occupational Therapy, â€Å"occupational treatment is a calling worried about advancing wellbeing and prosperity through commitment in occupation. Be that as it may, when I plunked down and chatted with Julie Roberts, an in-home word related specialist, she moaned, â€Å"[describing what OTs do is] actually the hardest piece of the activity; there are such huge numbers of various things we do and everybody has their own individual capabilitie s. † When Julie goes into a home to meet with her customers just because, she welcomes them with a grin and lets them know she’s there to â€Å"help them with their activity of living. † Occupational treatment is a fundamental piece of the helpful parts of a person’s recuperation. Albeit numerous individuals may see OTs for physical inabilities, it’s likewise exceptionally basic for somebody to go to an OT for help with their psychological or enthusiastic state. Since everybody experiences remarkably their different incapacities, normally the helpful procedure starts with a â€Å"individualized assessment during which the customer, their family and their word related advisor decide the individual’s goals† prompting â€Å"a altered mediation to improve the person’s capacity to perform day by day exercises and arrive at his/her goals† and once their treatment is over a â€Å"evaluation to screen movement towards meeting the client’s goals† is led. Word related specialists center around â€Å"adapting the earth, adjusting the errand, showing the ability, and instructing the customer/family so as to build cooperation in and execution of day by day exercises. † â€Å"For case, showing an older lady with a hip substitution how to get in and out of the bath while limiting her fall hazard, or helping a man recouping from an auto crash use grabbers to arrive at things to hold his back safe. † According to Roberts the most significant an aspect of her responsibilities is helping individuals â€Å"adapt to living with their incapacity as productively as could be expected under the circumstances. During my appearance I went to a helped living home in Antioch with my tutor, OT Stephanie Morano, I had the option to participate in a treatment meeting for a 92-year-elderly person named Fern. Plant experienced a GI drain and in spite of the fact that she was living to some degree freely, she experienced difficulty moving and c onstrained portability. During the meeting I participated in Stephanie utilized an inflatable to assist Fern with feeling great standing and recover her parity, while fortifying her center just by making Fern remain before her lounge chair while they batted the inflatable to and fro. Morano is likewise an in-home OT, which means her primary center is to â€Å"evaluate their [patients] level of freedom, comprehension, and wellbeing. † Moreover, â€Å"occupational advisors give intercession to augment freedom and capacity through therapeutic and compensatory methodologies, with a definitive objective of the client’s recovering the capacity to live autonomously at home. † Typically in-home OTs work with the geriatric network and go through the vast majority of their days in helped living offices or in homes with old individuals. As indicated by Roberts the majority of her old patients experiencing different handicaps, are resigned and don’t comprehend why she’s there; they don’t think they need her assistance, until she begins giving them what she does. † Outside of home wellbeing there are a plenty of various territories to represent considerable authority in word related treatment, a magnificent thing about this prof ession is the capacity to change your subject matter. Roberts and Boray both stubbornly revealed to me that home wellbeing isn't for starting OTs, when doing home wellbeing you are totally segregated from some other OTs, while in different regions you are encircled by different OTs with other explicit subject matters that you can request exhortation. A couple of the most mainstream regions of specialization incorporate pediatrics, which is working with little youngsters in â€Å"schools, network, and kid based inpatient emergency clinics. † Although commonly youngsters need a similar sort of care as grown-ups, the specialization comes in the way that the OTs address the requirements in a manner to explicitly profit a kid. Jennifer Boray, an OT that has worked in numerous regions, including pediatrics through the Mount Diablo Unified school region communicated to me that working with kids is a superb encounter to start being an OT with on the grounds that their eagerness to learn and their need to succeed is new and edifying. Numerous OTs likewise work in intense consideration emergency clinics, helping individuals settle their clinical after a horrible mishap, for example, a stroke, spinal string injury, or mind injury. Word related treatment assumes a significant job in encouraging early preparation, reestablishing capacity, forestalling further decay, just as organizing the patient’s progress and release arranging. Gifted nursing offices likewise utilize numerous OTs, in talented nursing offices the OTs center around each individual’s needs and regularly help with exercises of day by day living and confidence, for example, dressing and eating. There are additionally numerous outpatient facilities in clinics for patients that are needing singular treatment, yet are as yet ready to work all alone. The numerous essences of word related treatment permit Boray to â€Å"easily travel through this vocation and learn new things each day,† she adores that on the off chance that she ever â€Å"gets tired of home social insurance it will consistently be a choice to discover something new in this industry† yet she anticipates being in home medicinal services for a mind-blowing remainder. Albeit word related treatment is vital to a person’s recuperation, it is as yet a neglected vocation from numerous points of view. Indeed, even the OTs that I’ve conversed with revealed to me that going into school they had no clue what word related treatment was. Numerous understudies start school needing to seek after a profession in non-intrusive treatment or recovery when they are drawn closer by an instructor or advisor with data about word related treatment. Roberts disclosed when she headed off to college her profession instructor recommended Julie investigate word related treatment, however she â€Å"had no thought what it was. † Like the vast majority, she was at first befuddled, â€Å"so they just reteach individuals how to live? † But, as she examined the profession, she understood it was actually what she was searching for. Being an OT is an incredibly remunerating vocation, for the specialist, yet in addition the patient. While my granddad was in the emergency clinic he started to get miserable, he realized that he wasn’t making a big deal about a recuperation and it was difficult for him to discover the need to continue battling, until he started his word related treatment. It may not appear to be a serious deal, however when he isn’t ready to hold a fork or balance out his hand to raise it to his mouth, it disappointed him, yet subsequent to trying and attempting with his OT he was at last ready to take care of himself. At the point when he took his first chomp of food without anyone else after his stroke, his eyes lit up and clearly he was starting to have confidence in himself once more. As time went on, the undertakings he started to endeavor to accomplish got greater; in the long run dressing himself, showering without anyone else, and as opposed to the doctor’s conviction, strolling without anyone else, were everything my granddad wouldn’t have had the option to do in the event that it wasn’t for word related treatment. Roberts purported to me her enthusiasm for helping individuals is the thing that â€Å"drew [her] into word related treatment and kept [her] there. â€Å"Seeing the delight on a multi year old young ladies face when she at long last places her hair in a pig tail just because is an incredible feeling,â€

Melt Tension With Mahanarayan Oil

Melt Tension With Mahanarayan Oil Holistic Health Print Mahanarayan Oil Uses and Benefits By Cathy Wong Medically reviewed by Medically reviewed by Richard Fogoros, MD on October 15, 2014 Richard N. Fogoros, MD, is a retired professor of medicine and board-certified internal medicine physician and cardiologist. He is Verywells Senior Medical Advisor. Learn about our Medical Review Board Richard Fogoros, MD Updated on February 03, 2020 Matthew Wakem/Digital Vision/Getty Images More in Self-Improvement Holistic Health Happiness Meditation Stress Management Spirituality Inspiration Brain Health Technology Relationships View All Mahanarayan oil is a substance long used in Ayurvedic medicine  (a form of alternative medicine that originated in India) as a massage oil. Typically, it’s made from a blend of sesame oil, camphor oil, and a variety of herbs. Mahanarayan oil is often used to soothe sore muscles, as well as treat a number of health issues. Herbs Found in Mahanarayan Oil Mahanarayan oil contains a wide range of botanicals, typically including the following herbs (among others): Dashamula (an ayurvedic formula made with ten different herbs, including tribulus)ShatavariArjuna  Ashwagandha  Fennel  Neem  Valerian  TurmericPhyllanthus  CardamomClove  Ginger  Licorice  Tulsi   Uses Often used in massage, Mahanarayan oil is thought to reduce muscle tension and treat sore muscles and joints. In addition, topical use of Mahanarayan oil is said to aid in the treatment of the following health problems: Anxiety  Arthritis  Headache  Inflammation  Stress   Mahanarayan oil is also sometimes used to improve sexual function, stimulate circulation, relieve congestion in the lungs, and promote detox. Additionally, practitioners of Ayurveda often use Mahanarayan oil to treat imbalances in vata  (one of the three doshas). According to the principles of Ayurveda, excess vata can contribute to such health issues as constipation, high blood pressure, arthritis, and digestive disorders. The Three Doshas in Ayurveda Benefits   Despite its long history of use, Mahanarayan oil and its potential health benefits have yet to be explored in scientific studies. However, some preliminary research shows that a number of the herbs found in Mahanarayan oil may have beneficial effects when applied topically (i.e., to the skin). For example, research shows that turmeric may reduce inflammation when applied topically, while camphor may have pain-relieving effects. Caveats Due to a lack of research, little is known about the safety of the long-term or regular use of Mahanrayan oil. The oil should not be taken internally. In some cases, individuals may experience irritation upon applying Mahanarayan oil to the skin. Due to its potentially irritating effects, some Ayurvedic practitioners suggest leaving Mahanarayan oil on the skin for 15 minutes or fewer during each application of the oil. Its also important to note that, due to the fact that natural products are largely unregulated, the content of some Mahanarayan products may differ from what is specified on the product label. While consumers face such risks when purchasing any natural product, these risks may be of greater magnitude in the purchase of Mahanarayan oil and other products containing a variety of herbs in varying amounts. If youre considering using it, make sure to consult your primary care provider first. Alternatives A number of other herbal oils commonly used in Ayurveda are said to enhance health and balance the doshas. For instance, topical application of  brahmi oil  is thought to treat conditions like insomnia  and anxiety, while bhringaraj oil  applied topically  is thought to lower stress levels and stimulate hair growth. However, it’s important to note that scientific support for the purported health benefits of these oils is currently lacking. For an oil-based natural treatment that may help reduce stress, lessen anxiety, and ease muscle tension, consider undergoing aromatherapy massage. Research shows that using jasmine essential oil  in aromatherapy massage may improve mood  and protect against depression, using a blend of essential oils (such as geranium  and cinnamon) in aromatherapy massage may soothe menstrual pain, and using a combination of lavender  and bergamot essential oils in aromatherapy massage may help alleviate anxiety. How to Use Aromatherapy Oils for Stress Relief Where to Find It Mahanarayan oil is sold in some stores specializing in natural products. You can also purchase Mahanarayan oil online.

Comparing Declaration Of Rights And Bill Of Rights - Free Essay Example

Sample details Pages: 10 Words: 2894 Downloads: 3 Date added: 2019/08/12 Category Law Essay Level High school Tags: Bill Of Right Essay Did you like this example? Comparing the English Declaration of Rights and the American Bill of Rights The United States, having started off as an English colony, has been impacted profoundly by the historic English, and the broader European, climate and politics. Though the political and situational climates, in which the two documents were developed, differ greatly, it is interesting to see both the similarities and differences between the two in order to truly understand the impacts that the English Declaration of Rights had on the American Bill of Rights. Don’t waste time! Our writers will create an original "Comparing Declaration Of Rights And Bill Of Rights" essay for you Create order Origins and Intentions of the English Declaration of Right In the 17th century, many European Monarchs began to move towards an absolute monarchy. Along with the already growing tensions between the British Parliament and King James II, there were growing tensions between British Catholics and Protestants (Coward, 2017). It was clear that England was on the brink of becoming an absolutist state, as evidenced by King James IIs dismissal of parliament and his attempt to rule on his own. As a result, an attack on his throne was imminent by his son-in-law, William of Orange, forcing James II to flee to France. This was considered an effective abdication of the throne at which point, William of Orange ascended the throne with James IIs daughter Mary (Slaughter, 1981).   On February 6, 1689, the English Parliament read the Declaration of Right aloud to William and Mary along with a formal offer of the throne. This Declaration was designed such that it would be a tactical compromise between the Tory and Whig parties who each wanted Absolutism and Constitutional Monarchism respectively (Pincus, 2011).   This original Declaration consisted of two main parts. The first part outlined a list of King James IIs misdeeds and was followed by the second part, which outlined thirteen articles which outlined limits on the powers of the monarch along with the rights of Parliament. The Declaration instituted a limited constitutional monarchy in which the King and Queen has a largely ceremonial positon, and a parliamentary system is in place with the Prime Minister at the head of the government (Pincus, 2011). The Declaration of Right was restated in statutory form as the English Bill of Rights in December of 1689. However, to maintain a clear distinction between this document and the American Bill of Rights, we will proceed to refer to the original Declaration of Right for the remainder of this analysis. Origins and Intentions of the United States Bill of Rights To understand more about the United States Bill of Rights, we must fast forward to the late 1780s. As the debate over ratification of the US constitution grew bitter, James Madison drafted a Bill of Rights. These original ten amendments to the US Constitution, aimed to specify individual rights and liberties. The American Bill of Rights was drafted by James Madison after the bitter debate over the ratification of the United States Constitution. The Anti-Federalists were concerned that this new Constitution created a presidency so powerful, that it would be akin to a monarchy (Main Countryman, 2004). As a result, the Bill of Rights was written as a response to the concerns of Anti-Federalists by directly identifying limitations of the governments power along with individual liberties and rights. The Bill of Rights aimed to minimize the fears of a government exercising oppressive force and was established to protect the freedoms of each individual and would protect the same individual s against fear of a tyrannical government. The Federalists initially opposed the Bill of Rights. Noted Federalist Alexander Hamilton believed that the Bill of Rights supported a government rooted in monarchy. It was realized, however, that the Bill of Rights is an entitlement of each citizen to rights which cannot be infringed on by the government. Thus, the federalists and anti-federalists, were both able to agree that the Bill of Rights was a good compromise as any new laws would not be able to breach the Bill of Rights by infringing on the rights of citizens.   The Bill of Rights guarantees Americans freedom of speech, trial by jury, protections from cruel and unusual punishment, and many other basic liberties that citizens of a nation deserve. Over time, the 10 amendments known as the Bill of Rights became an integral part of the United States Constitution and was essentially part of the latter. Similarities Between the Declaration of Right and the Bill of Rights At the most superficial levels, one of the most evident similarities between the Declaration of Right and the Bill of Rights is the situations that they were developed in. Both documents were created and developed shortly after war and revolution. When the Americans created the Bill of Rights, they had only recently declared their Independence from the British after the American Revolution and were attempting to create the foundation of a newly independent nation (Main Countryman, 2004). The British, on the other hand, created the Declaration of Right in response to the Glorious Revolution. The Glorious Revolution was precipitated by an absolutist monarchy which resulted in fears about individual rights and freedoms (Coward, 2017). In both situations, the revolutionary situations preceding the creation of the documents gave representatives the power to assert themselves and fight for the freedoms. However, the similarities between the two documents transcends the obvious. By delving deeper into the similarities, we can see that with the creation of the Declaration of Right, the English Parliament developed and promoted a government in which the rights and liberties of individuals were protected from a harsh and oppressive monarchial government. These ideas and philosophies made their way to the 13 American Colonies as well. In both the Bill of Rights and the Declaration of Right, the influences of English philosopher John Locke can be found.   John Locke was an English philosopher who was dubbed the Father of Liberalism (Anstey, 2003).   Locke wrote extensively about the social contract theory. Social contract refers to the idea that individuals relinquish some of their freedoms to a government and accept the authority of the ruling government. In return, the government is expected to protect the remaining rights of the individuals. Locke believed that individuals benefit by living together under the rule of a government. However, in order to function in a mutually beneficial manner, social contracts provide a framework as to how individuals and governments interact. In Lockes view, every individual had an inherent right to life, liberty, and estate (Anstey, 2003).   Locke believed that it was the governments duty to protect the individuals lives by ensuring they are free to prosper. He believed t hat the government needed to enforce a system of laws and rewards in order to improve the society and individuals should have the ability to revolt if the government acted against or infringed on these rights. The similarities in philosophies and backgrounds that worked together to create each of the documents is even further evident as one looks at specific articles from each document. The first amendment to the US Constitution is strikingly similar to the provision of the Declaration of Right which guarantees freedom of speech to parliament especially in debates and parliamentary proceedings (US Congress, 1791; EAC, 2000).   While the English Declaration grants this liberty only to parliament, the Bill of Rights gives this right to every citizen. The second amendment to the US constitution, or the right to bear arms, also bears great similarities to the Declaration of Right, namely the provision that grants Protestants the ability to possess weapons for self-defense (US Congress, 1791; EAC, 2000). Both provisions came about, respectively, in times when people needed protection. For the Americans, they had just finished a Revolutionary War and as a result, it was not unthinkable that protection in the form of gun power would come in use.   In terms of the British Declaration of Right, a major factor behind the Glorious Revolution, which precipitated the Declaration of Right was religious tension between the Catholics and the Protestants. Coming from a Catholic England, Protestants did not have the same liberties as Catholics. Especially with the great deal of tension existing already, coupled with the fact that Catholics could possess guns, this provision was extended to Protestants in order to allow them the same liberty. The nextamendment to draw parallels to the Declaration of Right is the sixth amendment. The sixth amendment ensures that all citizens charged with a crime, are given the right to a speedy and public trial by an impartial jury (US Congress, 1791; EAC, 2000). The analogous English provision states that anyone tried for high treason has access to an impartial jury. While the Declaration of Right offers these liberties only in the case of high treason, the Bill of Rights offers them for all crimes. Though this may seem like a difference, it is important to note that since high treason is the contradiction of the sovereign, it is difficult to identify the same situation in the United States. Finally, the eight amendment to the US Constitution is nearly identical to one of the Declaration of Right provisions. This provision and amendment prohibits excessive fines or bail along with cruel and unusual punishment   (US Congress, 1791; EAC, 2000). It is very evident that the United States Bill of Rights very closely resembles the English Declaration of Right. Both documents came about in similar situations and were written with the intent of limiting power and guaranteeing protection of rights. In fact, American colonists expected to have the same rights as those granted to English citizens. However, this denial of rights was what lead to the American war for Independence. Thus, when the framers of the US Constitution were devising a foundation for this nation, Madisons proposed Bill of Rights, which closely resembled the British Declaration of Rights, soon became an integral part of the US Constitution itself. Though both documents attempted to curb the powers of government while protecting individual rights, there are also differences that exist between the two documents which should be identified and addressed to truly understand the impact that the Declaration of Right had on the Bill of Rights. Differences Between the Declaration of Right and the Bill of Rights   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One of the most obvious differences between the Declaration of Right and the Bill of Rights is that the Declaration of Right identifies the separation of powers of the government and how the government is set-up, something that is not necessarily identified in the United States Bill of Rights specifically.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The United States Bill of Rights specifically address individuals and the rights and liberties that should be enjoyed by citizens. It offers protections for speech, the bearing of arms, trial by jury, protection against unreasonable search and seizure, and protection against cruel and unusual punishment to name a few. Clearly, all the amendments stated in the United States Bill of Rights are civil liberties and have no relation to the organization and layout of the government itself. This is where the English Declaration of Right differs. Because the Declaration of Right was created as a safeguard against an autocratic government, it aimed to set up a government that protected the rights of individuals. Parliament used the Declaration to ensure that it would be a key player within the English government, thereby making the monarchy an almost ceremonial role. The Declaration of right spends a major portion guaranteeing that there will be elections to see who represents the people as members of the English government. This organizational development of the government is something that is present in the Declaration of Right but not the Bill of Rights. As a result, the English Declaration of Right delved further as it included provisions regarding the operations of government along with protection of liberties. Another major difference between the two documents rests in the target groups affected by the provisions in each document. The English Declaration of Right consists primarily of rights that apply to Parliament but not the English people. The United States Bill of Rights, on the other hand, focuses on the provision and protection of liberties to individual American citizens, not Congress. For example, the first amendment of the United States Bill of Rights guarantees freedom of speech to all Americans. The parallel Declaration of Right provision only provides freedom of speech to members of Parliament. This difference is not surprising, however. As England left a monarchy and began to shift towards the parliamentary system, the belief was that granting these rights to members of parliament, who were elected to represent individual citizens, would equate to the protection of individual liberties as well (Coward, 2017). The United States, on the other hand, focuses on individual liberti es and this highlights the fact that the United States was a true republic†ultimately placing governmental power in the hands of the American people. Another difference is that though there are a lot of overlaps in the rights that are addressed in both documents, there are different rights as well. Though the American Bill of Rights addresses the freedoms of the press, the Declaration of Right does not identify any liberties to be exercised by the press, again illustrating the focus on individuals by the United States Bill of Rights as opposed to the English Declaration of Rights. Overall, John Locke and other similar philosophers had a great impact on both documents. Lockes influence was direct on the English Declaration of Right.   His political philosophies are highlighted in the Declaration of Right through the establishment of limitations on the monarchs (Anstey, 2003). Though more indirect, Locke had an even greater impact on the United States Bill of Rights. This is highlighted by the separation of church and state in the United States. In Lockes viewpoint, the government should not have influence over individual beliefs and individuals should be free to exercise their own religion without any governmental interference (Anstey, 2003). This belief is reflected in the American Bill of Rights in the first amendment. The English Declaration of Right, on the other hand, while preventing the establishment of a Catholic religious institutions†a necessary measure given rising religious tensions between Catholics and Protestants†does not separate c hurch and state explicitly.   Conclusion: Identifying the Impact of the Declaration of Right on the Bill of Rights   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The English Declaration of Right took a near autocracy and made it into a constitutional monarchy (Pincus, 2011). It did so by placing strict limits on the power of the monarchy and redistributing it to the Parliament and English people. The impact of the English Declaration of Right has been long standing and can still be seen in in spirit in many similar documents of the throughout the world. It encouraged a form of government where individuals could live in peace knowing that their liberties were protected. It was this philosophy that found itself rooted in the spirits of the thirteen colonies as they began their journey towards independence and then even more as the newly independent thirteen colonies began to develop a constitution as the foundation of the new nation.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   As a colony of England, American colonists expected the monarchy to grant them the same liberties granted to British Citizens by the Declaration of Right and the Magna Carta. The lack of these rights, in fact, was one of the major precipitating factors that lead to the American Revolution (Main Countryman, 2004).   When they finally gained independence, the newly independent Americans knew what they wanted.   Thus, they used the existing English documents as a guideline to design their new government and protect the liberties of their citizens.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Because the American Bill of Rights was so greatly influenced by the English Declaration of Right, it is not surprising that both documents share many philosophies. Both documents show signs of great influence from the philosophies of John Locke and his belief of the social contract. While both documents were designed to protect the rights and interests of the people and were also intended to limit the government, because of the different time periods and political climates that they were developed in, there are also some evident differences. However, it is important to note that even though a focus should be made on these differences, the differences should be identified as similarities of different magnitudes. At the end of the day, the intentions of both documents were the same. What differed were small aspects that did not necessarily apply to the other situation. For example, while both documents were written intending to protect the government, the Declaration of Right details the protection of civil liberties as well as the set-up of the government. The United States Bill of Rights, on the other hand, focuses only on civil liberties.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Though the English Declaration may cover some more aspects, the root of both documents is the same†granting liberties to citizens and ensuring that the government does not take them away. Our nation currently has many debates going on regarding the validity of the amendments. Before we become close minded and automatically shoot down such ideas, we must consider that even when designing our Bill of Rights, a take on the existing Declaration of Right, the framers understood that different situations call for changes to be made. In a similar light, we must consider that changes might be necessary and be open-minded to the debates that follow. Because after all, being stagnant can be the biggest weakness.

Getting Wasted Why College Students Drink Too Much And...

Allison Ammons Sociology 100-05 November 18, 2016 Getting Wasted: Why College Students Drink Too Much and Party So Hard The consumption of alcohol as a habitual behavior has long been associated with the American collegiate experience, despite the many known negative consequences a student who partakes in drinking can encounter. Because of the danger drunken students pose to a college’s reputation and the safety of its surrounding areas, much research has been done concerning the collegiate party and drinking scenes. This research mostly studied the demographics of the student body, so strategies developed to curtail the illegal or overconsumption of alcohol could be targeted towards the specific groups that demonstrated the highest likelihood of participating in these acts. When the strategies were implemented, however, there was little decline in the number of college students who chose to party and drink (Vander Ven 2011). This failure did not point toward a flaw in the research data, but instead a lack of research into the benefits a collegiate drinker receives that are rewarding to the poi nt he or she cannot resist. This is the topic of Getting Wasted: Why College Students Drink Too Much and Party So Hard by Thomas Vander Ven. In Getting Wasted, Vander Ven (2011) argued that previous research into the collegiate drinking culture had largely avoided exploration into the social rewards and pleasures that a student who drinks receives or at least perceives, andShow MoreRelatedThe Effects Of Binge Drinking On College Students Essay1697 Words   |  7 Pagessociety, and college students are no exception to this problem, especially when it comes to binge drinking. Binge drinking is classified at 5 or more drinks for men or 4 or more drinks for women within 2 hours. 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Revised GRE Free Essays

[pic] GRADUATE RECORD EXAMINATIONS ® Practice General Test #1 Answer Key for Sections 1-4 Copyright  © 2010 by Educational Testing Service. All rights reserved. ETS, the ETS logo, GRADUATE RECORD EXAMINATIONS, and GRE are registered trademarks of Educational Testing Service (ETS) in the United States and other countries. We will write a custom essay sample on Revised GRE or any similar topic only for you Order Now Revised GRE ® Practice Test Number 1 Answer Key for Section 1. Verbal Reasoning. 25 Questions. Question 1 Answer: A. In various parts of the world, civilizations that could not make iron from ore fashioned tools out of fragments of iron from meteorites. Question 2 Answer: A. An increased focus on the importance of engaging the audience in a narrative Question 3 Answer: C. speak to Question 4 Answer: A. People with access to an electric washing machine typically wore their clothes many fewer times before washing them than did people without access to electric washing machines. Question 5 Answer: C. insular Answer in context: In the 1950’s, the country’s inhabitants were insular: most of them knew very little about foreign countries. Question 6 Answer: E. insincere Answer in context: Since she believed him to be both candid and trustworthy, she refused to consider the possibility that his statement had been insincere. Question 7 Answer: A. maturity Answer in context: It is his dubious distinction to have proved what nobody would think of denying, that Romero at the age of sixty-four writes with all the characteristics of maturity. Question 8 Answer: C. comparing two scholarly debates and discussing their histories Question 9 Answer: D. identify a reason for a certain difference in the late 1970’s between the origins debate and the debate over American women’s status Question 10 Answer: D. Their approach resembled the approach taken in studies by Wood and by Mullin in that they were interested in the experiences of people subjected to a system of subordination. Question 11 Answer: A. gave more attention to the experiences of enslaved women Question 12 Answer: A. construe F. collude in Answer in context: The narratives that vanquished peoples have created of their defeat have, according to Schivelbusch, fallen into several identifiable types. In one of these, the vanquished manage to construe the victor’s triumph as the result of some spurious advantage, the victors being truly inferior where it counts. Often the winners collude in this interpretation, worrying about the cultural or moral costs of their triumph and so giving some credence to the losers’ story. Question 13 Answer: B. settled E. ambiguity G. similarly equivocal Answer in context: I’ve long anticipated this retrospective of the artist’s work, hoping that it would make settled judgments about him possible, but greater familiarity with his paintings highlights their inherent ambiguity and actually makes one’s assessment similarly equivocal. Question 14 Answer: A. a debased E. goose bumps Answer in context: Stories are a haunted genre; hardly a debased kind of story, the ghost story is almost the paradigm of the form, and goose bumps was undoubtedly one effect that Poe had in mind when he wrote about how stories work. Question 15 Answer: C. patent E. improbable Answer in context: Given how patent the shortcomings of the standard economic model are in its portrayal of human behavior, the failure of many economists to respond to them is astonishing. They continue to fill the journals with yet more proofs of yet more improbable theorems. Others, by contrast, accept the criticisms as a challenge, seeking to expand the basic model to embrace a wider range of things people do. Question 16 Answer: B. startling D. jettison Answer in context: The playwright’s approach is startling in that her works jettison the theatrical devices normally used to create drama on the stage. Question 17 Answer: B. create F. logical Answer in context: Scientists are not the only persons who examine the world bout them by the use of rational processes, although they sometimes create this impression by extending the definition of â€Å"scientist† to include anyone who is logical in his or her investigational practices. Question 18 Answer: C. It presents a specific application of a general principle. Question 19 Answer: A. outstrip Question 20 Answer: B. It is a mistake to think that the natural world contains many areas of pristine wilderness. Question 21 Answer: C. coincident with Question 22 Sentence to be Completed: Dreams are BLANK in and of themselves, but, when combined with other data, they can tell us much about the dreamer. Answer: D. inscrutable, F. uninformative Question 23 Sentence to be Completed: Linguistic science confirms what experienced users of ASL—American Sign Language—have always implicitly known:   ASL is a grammatically BLANK language, as capable of expressing a full range of syntactic relations as any natural spoken language. Answer: A. complete, F. unlimited Question 24 Sentence to be Completed: The macromolecule RNA is common to all living beings, and DNA, which is found in all organisms except some bacteria, is almost as BLANK. Answer: D. universal, F. ubiquitous Question 25 Sentence to be Completed: Early critics of Emily Dickinson’s poetry mistook for simple-mindedness the surface of artlessness that in fact she constructed with such BLANK. Answer: B. craft, C. cunning This is the end of the answer key for Revised GRE Practice Test 1, Section 1. Revised GRE Practice Test Number 1 Answer Key for Section 2. Verbal Reasoning. 25 Questions. Question 1 Sentence to be Completed: In the long run, high-technology communications cannot BLANK more traditional face-to-face family togetherness, in Aspinall’s view. Answer: C. supercede, F. supplant Question 2 Sentence to be Completed: Even in this business, where BLANK is part of everyday life, a talent for lying is not something usually found on one’s resume. Answer: B. mendacity, C. prevarication Question 3 Sentence to be Completed: A restaurant’s menu is generally reflected in its decor; however despite this restaurant’s BLANK appearance it is pedestrian in the menu it offers. Answer: A. elegant, F. chic (spelled C H I C) Question 4 Sentence to be Completed: International financial issues are typically BLANK by the United States media because they are too technical to make snappy headlines and too inaccessible to people who lack a background in economics. Answer: A. neglected, B. slighted Question 5 Sentence to be Completed: While in many ways their personalities could not have been more different—she was ebullient where he was glum, relaxed where he was awkward, garrulous where he was BLANK—they were surprisingly well suited. Answer: D. laconic, F. taciturn Question 6 Answer: D. spirituals Question 7 Answer: B. They had little working familiarity with such forms of American music as jazz, blues, and popular songs. Question 8 Answer: E. neglected Johnson’s contribution to classical symphonic music Question 9 Answer: C. The editorial policies of some early United States newspapers became a counterweight to proponents of traditional values. Question 10 Answer: A. insincerely Question 11 Answer: Blank 1 C. multifaceted Blank 2 F. extraneous Answer in context: The multifaceted nature of classical tragedy in Athens belies the modern image of tragedy:   in the modern view tragedy is austere and stripped down, its representations of ideological and emotional conflicts so superbly compressed that there’s nothing extraneous for time to erode. Question 12 Answer: Blank 1 C. ambivalence Blank 2 E. successful Blank 3 H. assuage Answer in context: Murray, whose show of recent paintings and drawings is her best in many years, has been eminent hereabouts for a quarter century, although often regarded with ambivalence, but the most successful of these aintings assuage all doubts. Question 13 Answer: B. a doctrinaire Answer in context: Far from viewing Jefferson as a skeptical but enlightened intellectual, historians of the 1960’s portrayed him as a doctrinaire thinker, eager to fill the young with his political orthodoxy while censoring ideas he did not like. Question 14 Answer: C. recapitulates Answer in context: Dr amatic literature often recapitulates the history of a culture in that it takes as its subject matter the important events that have shaped and guided the culture. Question 15 Answer: E. ffirm the thematic coherence underlying Raisin in the Sun Question 16 Answer: C. The painter of this picture could not intend it to be funny; therefore, its humor must result from a lack of skill. Question 17 Answer: E. (Sentence 5) But the play’s complex view of Black self-esteem and human solidarity as compatible is no more â€Å"contradictory† than DuBois’s famous, well-considered ideal of ethnic self-awareness coexisting with human unity, or Fanon’s emphasis on an ideal internationalism that also accommodates national identities and roles. Question 18 Answer: C. Because of shortages in funding, the organizing committee of the choral festival required singers to purchase their own copies of the music performed at the festival. Question 19 Answer: Blank 1 C. mimicking Blank 2 D. transmitted to Answer in context: New technologies often begin by mimicking what has gone before, and they change the world later. Think how long it took power-using companies to recognize that with electricity they did not need to cluster their machinery around the power source, as in the days of steam. Instead, power could be transmitted to their processes. In that sense, many of today’s computer networks are still in the steam age. Their full potential remains unrealized. Question 20 Answer: Blank 1 B. opaque to Blank 2 D. an arcane Answer in context: There has been much hand-wringing about how unprepared American students are for college. Graff reverses this perspective, suggesting that colleges are unprepared for students. In his analysis, the university culture is largely opaque to entering students because academic culture fails to make connections to the kinds of arguments and cultural references that students grasp. Understandably, many students view academic life as an arcane ritual. Question 21 Answer: Blank 1 C. defiant Blank 2 D. disregard for Answer in context: Of course anyone who has ever perused an unmodernized text of Captain Clark’s journals knows that the Captain was one of the most defiant spellers ever to write in English, but despite this disregard for orthographical rules, Clark is never unclear. Question 22 Answer: A. There have been some open jobs for which no qualified FasCorp employee applied. Question 23 Answer: C. presenting a possible explanation of a phenomenon Question 24 Two of the answer choices are correct: A. The pull theory is not universally accepted by scientists. B. The pull theory depends on one of water’s physical properties. Question 25 Answer: E. the mechanism underlying water’s tensile strength This is the end of the answer key for Revised GRE Practice Test 1, Section 2. Revised GRE Practice Test Number 1 Answer Key for Section 3. Quantitative Reasoning. 25  Questions. Question 1 Answer: A. Quantity A is greater. Question 2 Answer: BQuantity B is greater. Question 3 Answer: BQuantity B is greater. Question 4 Answer: D. The relationship cannot be determined from the information given. Question 5 Answer: D. The relationship cannot be determined from the information given. Question 6 Answer: A. Quantity A is greater. Question 7 Answer: D. The relationship cannot be determined from the information given. Question 8 Answer: C. The two quantities are equal. Question 9 Answer: D. The relationship cannot be determined from the information given. Question 10 Answer: B. [pic] three halves Question 11 Answer: The answer to question 11 consists of four of the answer choices. A. 12 ° B. 15 ° C. 5 ° D. 50 ° Question 12 Answer: A. 10 Question 13 Answer: D. 15 Question 14 Answer: A. 299 Question 15 Answer: In question 15 you were asked to enter either an integer or a decimal number. The answer to question 15 is 3,600. Question 16 Answer: A. 8 Question 17 Answer: In question 17 you were asked to enter either an integer or a decimal number. The answer to question 17 is 250. Question 18 Answer: C. Three Quest ion 19 Answer: B. Manufacturing. Question 20 Answer: A:5. 2 Question 21 Answer: B. More than half of the titles distributed by M are also distributed by L. Question 22 Answer: A. c  +  d Question 23 Answer: In question 23 you were asked to enter either an integer or a decimal. The answer to question 23 is 36. 5. Question 24 Answer: D. [pic] two fifths Question 25 Answer: D. [pic] three halves This is the end of the answer key for Revised GRE Practice Test 1, Section 3. Revised GRE Practice Test Number 1 Answer Key for Section 4. Quantitative Reasoning. 25   Questions. Question 1 Answer: A. Quantity A is greater. Question 2 Answer: D. The relationship cannot be determined from the information given. Question 3 Answer: D. The relationship cannot be determined from the information given. Question 4 Answer: D. The relationship cannot be determined from the information given. Question 5 Answer: B. Quantity B is greater. Question 6 Answer: A. Quantity A is greater. Question 7 Answer: C. The two quantities are equal. Question 8 Answer: A. Quantity A is greater. Question 9 Answer: C. The two quantities are equal. Question 10 Answer: D:j  k  +  j Question 11 Answer: In question 11 you were asked to enter a fraction. The answer to question 11 is the fraction [pic] one over four. Question 12 Answer: The answer to question 12 consists of four of the answer choices. B. $43,350 C. $47,256 D. $51,996 E. $53,808 Question 13 Answer: E. 676,000 Question 14 Answer: E. [pic] s squared minus p squared Question 15 Answer: B. [pic] k minus 1 Question 16 Answer: B. 110,000 Question 17 Answer: B:3 to 1 Question 18 Answer: E. 1,250 Question 19 Answer: C:948 Question 20 Answer: The answer to question 20 consists of two answer choices. B. Students majoring in either social sciences or physical sciences constitute more than 50 percent of the total enrollment. C. The ratio of the number of males to the number of females in the senior class is less than 2 to 1. Question 21 Answer: B. [pic] 33 and 1 third percent Question 22 Answer: A. 12 Question 23 Answer: D. 4,400 Question 24 Answer: In question 24 you were asked to enter either an integer or a decimal number. The answer to question 24 is 10. Question 25 Answer: The answer to question 25 consists of 5 answer choices. B. 3. 0 C. 3. 5 D. 4. 0 E. 4. 5 F. 5. 0 This is the end of the answer key for Revised GRE Practice Test 1, Section 4. How to cite Revised GRE, Essay examples

Business Operational Plan for Planning - MyAssignmenthelp.com

Question: Discuss about theBusiness Operational Plan for Planning. Answer: Introduction Business operational plan is critical for any project, as it tends to design strategic planning, manage resource requirement, optimal allocation of budgetary elements, and sustain the work continuity. More importantly, the operational plan requires a substantial effort from all the involved stakeholders such that risk identification and corresponding mitigation strategies can be adopted well-in time and that the effectiveness of the work procedures can be managed effectively to achieve the organisational objectives [1]. Note that the operational plan not only include the estimation of resources, but also complies with the government regulations and legislative requirement, which are essential for smooth conductance of the business actions. The business operational plan for a structural engineering firm in Melbourne Australia includes various aspects like ownership, location and facilities, strategic alliances, and the barriers to entry [2]. Ownership/legal responsibilities- The structural engineering firm will be founded by four structural engineers and all of them have possess masters specialisation (by qualification) in Structural Engineering and are professional engineers with more than 3 three years of experience, in Melbourne. Four of the individuals will be the equal partners in the business firm and will be investing certain amount for getting the firm off-ground. Other than this, the budgetary requirement will be accomplished with local bank support, dully signed by all members [2]. One of the partner will be responsible towards marketing and advertisement, while the second partner will be given the responsibility of running the routine operations of each project. The third partner is responsible for managing the support staff and the fourth partner is assigned for the responsibility of strategic alliances with the core companies. Location and facilities- The firm is planned to set up in Melbourne Victoria as it a potential construction site. The location is easily accessible and the principal engineers will be flexible enough to travel for the purpose of customer or raw materials assistance. Moreover, the location has another benefit of having seismic retrofits of the structures. The prime advantage of engineering firms is that it required quite small amount of facilities for running the firm successfully [3]. For immediate opening of the firm, it requires very little overhead, equipment, and office space. In addition to this, the employees hired will also be provided accommodation in near location and the utility bills will be paid by employees itself. Strategic alliances- The firm will prove as an advantage to the customers as it will help to select the type of retrofit and the qualified contractors for the accomplishments of construction upgrades. Both the customer as well as business relationship are vital for the firms overall success and thus the strategic framework will include input from both type of stakeholders [4]. A strategic alliance with WSP structures will provide single source support and would help in the supply of advanced composite material and thus would help in the installation of advanced composites. Importantly, all the actions, decision, and future planning will be documented [2]. Barriers to entry- One of the major barrier to entry is the lack of work experience (for newly designed projects), and the advanced composite material expertise in the bid specification of customers. Another barrier is the formation of strategic alliances with the contractors as well as the manufactures of equipment and materials [2]. Marketing Plan and Future Direction Marketing plan- Marketing planning is another critical requirement for any project, as it will help in making the business information outreach to related stakeholders as well as to the customer segment. The commonly used tools, the strategic alignment, and the related requirements are thus discussed in this section, which in turn are critical to achieve the organisational objectives. The marketing strategy of structural engineering firm is to provide engineering consulting services to the emerging infrastructure industry. The structural engineering firm will focus on the Architect/Engineering (A/E) contracts [5]. The firm will usually contract with the A/E for performing the planning and the design service with partner firms as well as for individual projects. The design service includes the preparation of the plans, estimation and specifications, financial planning, and other advisory commitments. Note that it is the responsibility of the business partner to find a few construction and manufacturing companies for the supply of innovative machinery and advanced composite materials for the installation of structural retrofit [6]. The key strategy of this structural engineering firm is to implement the marketing plan within the market segments include following key considerations: Government agencies- The state government agencies plan to modify the existing structures so as to meet the existing design codes. This also include measures to avoid any such cost prohibitive steps for rebuilding of overpasses, bridges and aging structures. In addition to this, the legislative and regulatory requirements will be followed accurately in all the corresponding actions. Private agencies- Private buildings such as schools, day care centres and churches also needs to be rebuild to protect against natural disaster [7]. There are also some individuals who want to retrofit their house for increasing the wind load or the earthquake resistance, which are also considered within the collaborative strategy of the firm [8]. Commercial- The technology based retrofit companies who usually bid on the construction contracts through the state agencies also need the help to meet the current design and building codes. In addition to this, the firm will also consider the updates in scientific and technological advancement, such that worthy change management in the routine work procedure can be accomplished to maintain the efficiency of the work procedures [6]. Studying the industry demographics, there are basically four contributors using the advanced composite materials, which includes (i) engineering firms, (ii) contractor, (iii) manufacturer of equipment for installation, and (iv) manufacturer of composite material [7]. However, the manufacturing of the composite material is growing market in the present day. The structural fibreglass, carbon fiber, and Kevlar manufacturers supply materials are also associated with aerospace firms and for other civil engineering applications, needed within the scope of service provision. However, there is a growing demand among the state and federal agencies, individuals and high-technology retrofit companies for repair and upgrade solutions, which will be thoroughly considered as a part of strategic marketing plan [9]. The most important factor is the competition in the market, which is critical to maintain a market position and sustain in the current situation. It is also essential for the firm to strategically frame effective marketing plans such that customers and individual partner firms can be attracted and that the same provision will also makes the client to repeat the business as loyal customers [10]. It is often noticed that customers rarely compare the consultants, while they follow the word-of-mouth recommendation, within the scope of structural engineering industry. Thus, it is a worth making to maintain the client relationship for maintaining the relationship with client, which makes them bring back for future projects. In the near future, it is estimated that the engineering firm will acquire more and more small firms and make strategic alliances with other construction firms. It is also recommended to join the professional structural engineering association can also help providing more opportunity for creating network. The firm is involved in the activities like renovations, rehabilitations and new constructions through economic and innovative design services. It meets the customers needs of all projects based on all sizes. The structural designs are based on the architectural drawing which is prepared through using AUTOCAD and STAAD-PRO [11]. Management Plan Over the last few decades, the strategic management planning process have been receiving increased recognition among the engineering firms. The management plan for the engineering firm is undertaken by the engineers, technicians, construction administration and the project leader. The project leader is responsible for the structural work plan and the establishment of the structural design concept. The responsibility also involved in the duty of monitoring the work quality and observing the people working. Project leader must also ensure that the drawings and designs are properly reviewed [12]. In addition to this, it should also ensure that the specialist structural consultants, geotechnical consultant and the required testing agencies have been appointed. Secondly the structural engineers are responsible for carrying out the design reviews of structural engineering work and coordinate it with other disciplines. There should be a detailed design checklist near the completion of the d eign development, which includes design loads, material specification, geotechnical report, structural movement of expansion joints and slabs, foundation, reinforced concrete structures, steel structures and lateral stability [12]. According to the market research report, the number of employees and billable hours are used for forecasting the revenue for the first three years. For these three years, the management team keeps the salary of the employees, constant. The management team plans the foreseeable expense in the first few years which includes the utilities, rent, equipment, computer and software installation, advertisement and travel. Overall, it is believed that the proposed planning for operation, marketing and management will be critical to sustain the work procedure at the firm. References: [1] H. Kerzner,Project management: a systems approach to planning, scheduling, and controlling. John Wiley Sons, 2013. [2] S. Wuyts, and S. Dutta, Benefiting From Alliance Portfolio Diversity: The Role of Past Internal Knowledge Creation Strategy,Journal of Management,40(6), 2014, pp.1653-1674. [3] R. Volk, J. Stengel, and F. Schultmann, Building Information Modeling (BIM) for existing buildingsLiterature review and future needs,Automation in construction,38, 2014, pp.109-127. [4] J.H. Dunning, Reappraising the eclectic paradigm in an age of alliance capitalism, InThe Eclectic Paradigm.Palgrave Macmillan UK, 2015, pp. 111-142. [5] L.R. Yang at al. Validation of a model measuring the effect of a project managers leadership style on project performance,KSCE Journal of Civil Engineering,17(2), 2013, pp.271-280. [6] L.R. Yang, and C.F. Huang, Information platform to improve technological innovation capabilities: role of cloud platform,Journal of Civil Engineering and Management,22(7), 2016, pp.936-943. [7] L.R. Yang et al. A comprehensive framework for evaluating key project requirements,Journal of Civil Engineering and Management,19(sup1), 2013, pp.S91-S105. [8] J. Park, T.P. Seager, P.S.C. Rao, M. Convertino, and I., Linkov, Integrating risk and resilience approaches to catastrophe management in engineering systems,Risk Analysis,33(3), 2013, pp.356-367. [9] D.M. Buede, and W.D. Miller, The engineering design of systems: models and methods. John Wiley Sons, 2016. [10] D.M. Frangopol, and M. Soliman, Life-cycle of structural systems: Recent achievements and future directions,Structure and infrastructure engineering,12(1), 2016, pp.1-20. [11] T. Krajangsri, and J. Pongpeng, Effect of Sustainable Infrastructure Assessments on Construction Project Success Using Structural Equation Modeling,Journal of Management in Engineering, 2016, p.04016056. [12] K.J. Mengerink et al, A call for deep-ocean stewardship,Science,344(6185), 2014, pp.696-698.

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.