Reflection in Philippine Literature

After 7 years I continued my studies, I am excited on the first day of school, because for me this new test in my life, My first subject is â€Å"Philippine Literature in English (Phil. lit. )†, there was a lady entered in our classroom, I think she was also one of the students, but I'm wrong she is our teacher, because the teacher sit in desk and showed that she is our teacher in that subject, Ms. Marites Nillo was her name, â€Å"a simple woman but charming† I said to myself. Philippine literature refers to all literature from the Philippines, written in Spanish, English, Tagalog, and a variety of other Philippine languages. Philippine literature flourished during the Spanish period (nineteenth century) and the first half of the twentieth century. The literature of the Philippines covers a variety of genres, most notably poetry and metrical romances, prose, dramas, religious dramas, and secular dramas. Philippine literature is the key to discover the truth of my self. Often times perceiving what is fact from fiction is really confusing. It is quiet difficult to tell if a certain thing tells the truth or it is just a whole lie, publication of the truth, created in order to deceive. Philippine literature is a spring board of the truth that is handed down from generation to generation by our ancestors which is handed to us with care. The reason is that if the truth is manipulated, the truth will never be the truth any more but just a sort of knowledge. There is a saying that all truths are knowledge but not all knowledge is truth. I have learned that Philippine literature has brought me the realization of valuing the sense of being of a true Filipino, in spite of what have happened in our history that we are once slaves of the foreign invaders. However, the pursuit of happiness enlightens the hearts of the Filipinos into the light of a new nation. The rich cultural heritage of our ancestors has thought me a lot of things about the way of life. For instance the alamat The origin of things and events that usually narrates about the genesis of man, the meaning of life, the constant search of the truth and the profound meaning of life that bathala has brought us. This thing really intrigues me and gives me the atisfaction of seeking more about the meaning of my life through the lives of our ancestors and the connection of their lives to my life. I have learned also from their examples and wise sayings, that has been cultivated though their hardships. These experiences commonly teach about practical thinking and its application to life, that most of the Filipino are using now as a guide to daily living. I also learned how to make Elegy, and the truth is after I submitted Elegy I discarded it, because I don’t want to think that what someone say when I was dead. One good example of a wise saying is: nasa Diyos ang awa nasa tao ang gawa. (God helps those people who help them selves. ) This saying gives me the inspiration that even before the time of our ancestors they already have the perception of the existence of a one true God, who has the power to do signs and wonders in our life. That is why we have learned how to pray and constantly asking God’s help in all adversity of our life in order for us to be a productive citizen of our nation. This fact means that our ancestors have already the sense of religiosity that in life there should be someone that is greater than us, in life there is really the divine hand that is constantly guiding us in everything that we are doing and things that we are trying to achieve. There have been some very well-respected Filipino authors in the history of the Philippines, particularly authors such as Jose Rizal, whose writing during the Spanish colonial era helped to mobilize and reform the thinking of the Filipino people against the Spanish in their conquest of the country and give pride to the Filipino people. It was the controversial writings of Rizal that became a factor in his execution by the Spanish. The Philippines, having been under Spanish rule for nearly three centuries, changed hands to American rule following the Spanish-American War and a lot of the literature that followed gave a pro-Hispanic theme as the country began to adapt to life under American rule, at that time preferring life under Spanish rule. Also I learned about the other National Heroes did in our country, like Marcelo H. Del Pilar, Graciano Lopez Jaena, Antonio Luna, Mariano Ponce, Jose Ma. Panganiban, and Pedro Paterno, they are the leading in Propaganda Movement. The study of literature during this period (the 20th and 21st Century writings) gives fascinating insight to the change that was going on in the Philippines and how the Filipino people were dealing with this. In this way the study of Philippine literature is actually also a study of part of the history of both Spain and America and demonstrates how the Filipino people related to these countries. The writings also point to the identity of the Filipino people during this era and their struggle to have an independent identity under the yoke of foreign rulers. I have realized that Philippine literature has influenced me so much that it became my way of thinking and feeling toward the appreciation of the beauty of life. In fact, the truth is that Philippine literature lies within the innermost seat of my heart. And no one could ever take it away from me. It means that I am a Filipino in thought, words and in action is the result of my experiences of Philippine literature in my life. This inspiration has helped me to discover the truth of my innermost self.

Journal on Unconditional Positive Regard Essay

In tonight’s session we have been learning further about Carl Rogers and his conditions of a successful person- centred therapy. We have been exploring Unconditional Positive Regard, a term used by Rogers to describe a basic acceptance and support of a person regardless what they say or do. Unconditional Positive Regard is an attitude of the counsellor towards his client. Rogers believes that this attitude is essential to a healthy development and cause a positive therapeutic movement in a therapy. I find this condition; the very definition of humanity. Our species have a rare capability to understand each other, however many of us hardly use it. It requires putting the others first, demands to put our feelings and emotions aside. We are protecting ourselves, afraid, that by giving that support to others, we would be â€Å"losing† ourselves. I do not agree with that, I think that â€Å"more you will give- the more you will get in return†, it is a privilege to be let inside another person’s world, his/ her feelings and thoughts. People, lacking that acceptance in their everyday life, creating a protective layer around them, losing faith in themselves, feeling that they do not deserve to be loved by others. By using Unconditional Positive Regard, the therapist provides an ideal environment for his client’s personal change. Therapist giving his support also gives acceptance and love- that is exactly what makes person- centred therapy so meaningful and unique. Therapist’s willingness for the client to be whatever he is feeling at that moment (no matter if it is positive or negative; fear, pain, pride, love, hatred) makes his client to loose all defences and become honest with himself. I have to learn how to look underneath those layers and accept the real person behind them. However, as people tend to mask their true – self because of the fear, that they going to be rejected- the counsellor’s job is not easy. It is very often a long process. To gain his client’s trust the therapist should care for his client in a non- conditional way. He has to be consistent in valuing his client and also be able to translate it into a client- counsellor relationship. In many cases, clients show signs of disbelief and sometimes even aggression towards their therapist. The reason for that is conditional love most of us have experienced in a lifetime. This is called; conditions of worth, since we were little children we have been told or shown that to deserve acceptance and love we have to behave in a certain way ( e.g. Be good, patient, obedient, confident, etc.) We are  convinced that we have to be worthy of love. For most of us adults other people’s perception is very important and in many cases can even define a person. Being so used to seeing myself through other people’s eyes, being judged for what I do or have done, Unconditional Positive Regard appears to me as almost impossible to believe. I do think that it is possibly also client’s attitude. That disbelief; that the therapist can put aside whatever I have done and see me as a worthy person for who I am, even If I do not believe in me; probably take a while to disappear and change into trust. Rogers said that every one of us has within himself desire to change in a positive direction. I assume that he meant and believed that goodness is our natural aspiration. I fully agree with him no matter how unrealistic and ideal it might seem. If we, learning how to be a counsellor, will understand how to be able to accept another person, regardless of their past, negative attitude or defensiveness we will then understand the true meaning of Rogers’s philosophy and why it is so important in the therapeutic process. Unconditional Positive Regard in my opinion is a loving attitude towards another person and also more than that. The therapist believes in his client’s potential, see in him someone, who has an optimistic future, a little bit more confidence. Person- centred counsellor can see strengths in his client and it is his attitude that counts. Unconditional Positive Regard is a condition in client- centred therapy to create a meaningful relationship where the client can find a way, power within, to believe that he is worth of love and only then everything else has a chance to fall into place.

Accident victim interview report Essay Example | Topics and Well Written Essays - 500 words - 1

Accident victim interview report - Essay Example Rubinow (1969) states that, â€Å"One has only to think of the peculiar dangers which a structural iron-worker must face daily in the construction of modern skyscrapers† (p.71). The victim clarified that steel bars must be handled by skilled ironworkers. Usually, most of the construction companies make use of safety measures while handling steel bars. For instance, structural ironworkers make use of cranes to lift steel bars. To be specific, co-ordination and mutual understanding among the ironworkers reduce the scope of accidents. The victim’s co-worker pointed out that the victim was in a hurry because he was asked to complete the work within deadline. So, the victim was forced to ignore safety measures and it resulted in the accident. While hoisting a steel bar, one of the cables happened to get loose and the victim’s hand was trapped under the steel bar. The safety officers started rescue work and the victim was transported to the hospital in no time. The doc tor’s diagnosis proved that the victim’s left hand was fractured. The timely rescue measures adopted by the safety officers saved the victim from further injury. The victim was forced to discontinue his work for more than 2 months to deal with the fracture. But the injury was not so severe to keep the victim away from his job for a long time. The company authorities and the doctors provided ample importance to the victim’s treatment because the accident and related issues may weaken the company’s reputation. The doctors pointed out that the fracture is not that much severe and can be cured within 2 months. The victim further added that he feels much better and is expecting an early recovery. The Occupational Safety and Health Administration (OSHA) authorities visited the site, investigated the case, and the company was forced to pay reasonable fine. Besides, the company authorities agreed to provide

The US Governments Websites Design Research Paper

The US Governments Websites Design - Research Paper Example Looking at the web page of Department of Health and Human Services, it is impressive on first sight since the visual pictures showing medical related activities are displayed and this is consistent with the duties of the department (Information Resources Management Association   & Khosrowpour, 2002). Besides there are various options of access further detailed information from the bold headlines and systematic flow of directions. The title of the photo on this web page is talking about women’s contribution in science an indication that the website is always conforming to the current affairs. The website of U.S department of state is fairly comprehensive and systematic in presentation with most sensitive passport issue top on the title and careers related issues coming last. The smooth flow of pertinent Web Pages to the citizens makes very effective in communication to the people. Finally, the U.S department of Agriculture is presented with complete directory and location map that makes one to trace where it is from anywhere on Earth. It prioritizes food and nutrition then explores its various agencies. It even includes place for reports that manifests its appreciation of releasing periodic reports on various issues. These sites share common characteristic in giving a comprehensible webpage and directory backup which makes them to qualify under the website assessment criteria. That is, all of them are accurate, exudes authority, are objective, consistent with current issues and have wide coverage (International Conference on Multiple Criteria Decision Making & Ehrgott, 2010). However, the web sites omit some essential features like e-mail address if need be. The exhaustive coverage of many issues on the websites is focused to the centrality of US in the world economy that makes it attract even international guests on its website. This is a label on the container of antacid. The design and pattern on it is very significant in how it communicates to the u ser or potential user (In Miller , Wyllie , Joint Commission on Accreditation of Healthcare Organizations & Joint Commission Resources, 2006). Fig.1 The visual impression of the path of movement of the medication serves as the first attraction to people. The large fonts used in this label makes more conspicuous and speak louder to what it should be used for. The yellow part with clear information of â€Å"fast acting† reiterates to the user its effectiveness and this boosts the desire and hope of a person to getting relief as soon as it is prescribed and taken. Within the red background of the label is a brief but concise list of all the conditions it can serve to cure. The presentation of the label is brief to the point and even the color is captivating to all and sundry (Jedlicka, 2010). The audience to this information constitutes all the persons with ability to read English and this is inclusive of all age groups in the society who may directly or indirectly affected by a ny of the listed curable conditions.  

Fundimental of microboilogy Term Paper Example | Topics and Well Written Essays - 1500 words

Fundimental of microboilogy - Term Paper Example The catalase test is a biochemical test that can be used to identify between Staphylococcus spp. and Streptococcus spp. The enzyme catalase contains a heme group and detoxifies hydrogen peroxide. The basic theory used in their identification is that one is catalase positive (Staphylococcus spp.) while other one (Streptococcus spp.) is catalase negative. If gas formation (O2) is observed in the form of bubbles, then it ensures that the sample of bacteria has a catalase; it is an indication of presence of Staphylococcus spp. Otherwise, on no gas formation, the sample contains Streptococcus spp. Non-selective medium is employed when organisms are present in low numbers. This also provides an indication about the type of organism present in the sample. The use of selective medium is to isolate the desired organism present in the mixed sample Nutrient agar is ideal as a non-selective culture medium to grow a large variety of microorganisms. In order to isolate microorganism from the agar plate, the part of colony is taken to a new agar plate. The streak-plate method can be employed as it reduces density of the microorganisms on the surface of the agar. This facilitates to obtain the distinct colonies of the microorganisms of our interest by using selective media (Selective and Differential Media 2012) Selective media inhibit the growth of some organism while promote growth of others. Selective inhibition is done by adding salts, dyes or specific inhibitors affecting the metabolism of the organisms. Crystal violet or penicillin will inhibit the growth of Gram-positive bacteria. Based on this philosophy, Tellurite agar is employed as media to identify for Gram-positive organisms. When gram negative organisms are to be selected or identified, the agar with penicillin (5-50- units/ml) is used (Selective and Differential Media 2012). Selective but differential media are

Expert and pedagogical content knowledge Essay Example | Topics and Well Written Essays - 2750 words

Expert and pedagogical content knowledge - Essay Example One may gather this kind of knowledge through a training specific to that field through the assimilation of intense theoretical and practical assessment and methods. Pedagogical content knowledge was described by Shulman (1987a) as the combination of content and pedagogy into the comprehension of how certain topics, issues, or problems are structured, characterized and modified to the varied concerns and abilities of learners for instruction. This is the knowledge on how to teach the subject matter to beginners. Example of pedagogical content knowledge is the information on organizational framework that may serve as effective aid for individuals who want to learn the basics of organizational psychology. Basically, both expert and pedagogical knowledge is important in teaching. Without expert knowledge, the instructor would not have a strong foundation and would have low credibility for teaching a specific field. If he doesn't have the knowledge to teach the subject matter then, it would not also be effective. There had been a shift on the focus of learning from the teacher to the student (Angelo, 1997). Another distinction made was that teacher-centered mode of instruction is more content-driven while learner-centered instruction is learning process-driven (Cuseo, n.d.). Santrock (2003) came up with the principles of learner-centered instruction. One of his principles was goals of learning. He explains that goal setting helps student learning. This is in connection to motivation which can come from external factors such as the teachers and the environment and could also come from the person himself with his realization of important matters. Both of these will lead to the formation of a goal. When I was in the fourth grade, I was beginning to be aware of some of my classmates' academic excellence. I just thought of striving to make it to the honors list in order to know the feeling of being there. That was also when I got my first set of encyclopedia. I studied everyday reading every page of the encyclopedia. I was determined to perfect my tests and was actively participating in class. I became recognized in class and gained attention from my teachers. This started my participation in other extra-curricular activities. I got what I wanted and made it to the honors list. I became a consistent honor student until high school. That became my foundation and the experience itself acts as my present motivation. Using technology in the educational environment Classroom instruction has become easier and more efficient with the advent of technology. Present modes of teaching have utilized technology for audio and visual enhancement. For the visual aspect, instructors have used over-head projectors in the past and at present power point presentations are the most commonly used. Studies show that verbal instruction coupled with visual presentation yields more positive learning results as compared to receiving verbal instructions alone. This mode of presentation enables the instructor to prepare for the lecture in advance. This can also increase attention rates of students because of clear and organized lectures. These presentations can also be transferred, printed and uploaded to the internet so that the information can be

Artistic Area Changing From 19th Century to 20th Century Essay

Artistic Area Changing From 19th Century to 20th Century - Essay Example During this era, Paris was reconstructed which can be termed as a symbol of a world of freshness in the field of art. This city acted as a cultural capital offering great chances to people who were interested in the field of art. Art training institutions came up and artists were able to travel all round Europe to widen their knowledge and ideas. Consequently, artists were able to reflect their own feelings and emotions through art such as poetry (Yanli 54). With the decline of the enlightenment age, philosophers and poets started to question the ideals of enlightenment such as science, rationality and logic. At this point, poets sought to find out if these ideas were good enough for mankind (Barrette 60). They did this through Romanticism and Idealism, which revolutionized their way of thinking completely. The two movements existed concurrently and were characterized by the nature of poets putting emotions and feelings before reason. The main aim of romanticism and idealism movement s was for artists to express what they felt inside regardless of the rational perspective of those feelings. This was mostly done in the expression of romantic feelings. The romantic period lasted approximately 25 years, and is still said to be the greatest movement in the field of literature. Some of the poems at this time included: A Brother in Need by Henrik Ibsen, The Dole of the King’s Daughter by Oscar Wilde and The Grave and the Rose by Victor Hugo (Monius 1406). A critical study of the three poems depicts a social satire expressing the oppression that existed in the field of love. Tillmann and Dowling (628) assert that romantic poets made nature to be central in majority of their works, where they used it metaphorically to represent human relations to one another. These poems expressed passion indirectly, hence readers were expected to imagine and read them with an open mind. The message in these poems was clear as it openly portrayed the heart to be central in our li ves. As a result, the way we relate with nature and other people is determined by our hearts, and it reflects our lives. Through these poems, the ego-centric nature of man is put forth, where people were ready to do anything to have what their hearts desired (Barrette 79). This perspective was later taken over by the rational perspective as poets changed their poetic styles. The 20th Century Artistic thought during the 20th century was highly influenced by science as it dictated almost every aspect of man (Yanli 55). At this time, nuclear weapons were being used during war, making people to adopt new ways of looking at life. The two major literary criticisms of this time were: modernism which was later followed by post-modernism. After the enlightenment era, the educated elite gained confidence within themselves as they were able to explain nature and science. However, the industrial revolution brought about its own evils, creating a feeling of resentment within poets, which was exp ressed through modernism (Tillmann and Dowling, 629). The social lives of people were affected with the subsequent urbanization, while the field of politics was marked by diverse views of capitalism and communism. According to Sacvan (574), during this era, American poets had dominated the field of poetry as they sought to give explanations to what was happening around the world. Some of the poems composed during this time include: Allen Ginsberg’

Leadership Assignment Example | Topics and Well Written Essays - 750 words - 1

Leadership - Assignment Example The operations function plays a significant role in transformations of inputs into finished products and services, in any successful organization. Operations are directly responsible for decisions and activities relating to design of product and delivery issues. Resourceful implementation of this goal adds value to productivity of an organization as it; determines how material resources are consumed in the production of products, checks on quantities of available inventory in line with the demand of the customers, and determines whether what is produced match the wants of customers. Continuous improvement in the efficiency of operations and functions affects the productivity of an organization in a number of ways. When referring to efficiency in organizational operations, it entails ensuring effectiveness in activities such as suitable and effective communication link between the operations and related business functions. Operations management works hand in hand with business functions such as the purchasing and marketing function; in an organization’s supply chain, in order to understand the demands of specific group of customers. The operations managers achieve this function by designing products that exactly meet the demands of customers and creation of production processes that efficiently produce these products. Meanwhile, the marketing function must properly understand the capabilities and limitation of the operations in producing the desired products and services. Moreover, the operations must work closely with purchasing to comprehend readiness o f material required, cost and quality of material and the reliability of suppliers. Therefore, operations must understand the needs of customers; ensure timely sourcing of material to support product design. Through continuous improvements in communication routines between the operations, purchasing and marketing function, the organization finds itself in a place where it produces

Heidegger Being and Time Essay Example | Topics and Well Written Essays - 3000 words

Heidegger Being and Time - Essay Example Going by the introduction by George Steiner to the luminous thoughts of Martin Heidegger, it looks certain that Steiner is willing to run the marathon race and he immensely enjoys it. He is not an ordinary critic. The issue with the ordinary critics is that the moment they do not comprehend the writings of an author, such thoughts are labeled as controversial. Didn’t the fox, after abandoning the efforts, say that the grapes were sour, when it could not reach out to the dangling, juicy bunches? The experience-level mind doesn’t move on the beaten track. It takes up unexpected and amazing unchartered paths. The thought-process emanates from the original impulse. Their convictions are undoubted; their explanations borders devotion. They are not available for second-opinions or for revisions. Their ‘first manuscript’ is the ‘final manuscript’. The problem with the specialists is they go on analyzing the leaf to such an extent (its size, shape, col or etc), that they forget that the root is the original cause of leaf! Or even further—Mother Earth is the original cause†¦or even further on and on†¦ No written sentences and paragraphs can arrest the spirit. The spirit by itself is the arresting as well as the freeing authority. So, to say ’eureka’ one should be able to grasp the true nature of the spirit. Once a difficult problem of mathematics is solved, the steps look so simple...Yes, only when it is solved! Before that how many times the climber has slipped from the steps of the ladder? Is it the fault of the ladder? Nobody will ever get to the bottom of the Being (this vast ocean is bottomless) It is impossible to define it, but the process of trying to know it, is rich and rewarding. At every step of the progress, one feels that the effort is worthwhile. Let me repeat, one’s reward is in the process of trying to know it! The problem for a lay reader is to understand Heidegger’s language. George

Legal Position Of Fashion Designs Plc Assignment

Legal Position Of Fashion Designs Plc - Assignment Example The essay "Legal Position Of Fashion Designs Plc" talks about Legal Position Of Fashion Designs Plc. The North West which was purchased for  £100,000 is now shown to be worth only  £60,000. The North outlet which has a book value of  £50,000 is now worth  £60,000. The company has  £100,000 in the share premium account and a further  £100,000 in the capital redemption reserve account. Now take a quick look upon the net assets in the accounts of the fashion designs plc company, or a discarding of an interest in an undertaking which will outcome in the undertaking’s net assets no longer being merge in the accounts of the fashion designs plc company, the assets the subject of the business means the value of 100% of the undertaking’s assets, irrespective of what interest is obtain or disposed. In the case of a gaining or discarding which is not a substance acquisition/disposal, the assets the subject of the deal means. If we analyzed then we come to know that pro fits attributable to the assets the subject of the transaction x 100%. For these reasons â€Å"Profits of the fashion designs plc company† means profits before taxation and strange items as stated in the subsequent. For these purposes the â€Å"Gross assets of the fashion designs plc company† means the total of its fixed assets plus total existing assets. These figures ought to be taken from the mainly current of the following: The mainly newly notified unite balance sheet; or Where an admission article has been shaped for the purposes of admission subsequent. a reverse conquest, any pro forma net asset declaration published in the entrance document may be used, provide it is derived from information taken from the previous published audited merge accounts and that any alteration to this information are obviously shown and give details; or - In a case where dealings are collective pursuant to rule 14 of the aim rules, the for the most part recently notified merge balance sheet (as at a date prior to the earliest collective transaction). Net Asset Test Now take a quick look upon the net assets in the accounts of the fashion designs plc company, or a discarding of an interest in an undertaking which will outcome in the undertaking's net assets no longer being merge in the accounts of the fashion designs plc company, the assets the subject of the business means the value of 100% of the undertaking's assets, irrespective of what interest is obtain or disposed. In the case of a gaining or discarding which is not a substance acquisition/disposal, the assets the subject of the deal means: - For a gaining, the thought plus any responsibility assumed; and - For a discarding, the book value of the assets credited to that interest in the fashion designs plc company's last audited accounts. - In the case of a gaining of assets other than an interest in a responsibility, the assets the subject of the deal means the book value of those assets Profit Test If we analyzed then we come to know that profits attributable to the assets the subject of the transaction x 100%. Profits of the fashion designs plc company For these reasons "Profits of the fashion designs plc company" means profits before taxation and strange items as stated in the subsequent: - The last published annual merge accounts; - The last notified beginning statement of yearly results; or - In a case where dealings are collective pursuant to rule 14 of the fashion designs plc Rules, the last such accounts or statement prior to the initial transaction. In a case of a gaining or disposal of an interest in an responsibility where accounting consolidation applies, the "profits attributable to the assets the subject of the deal" means 100% of the profits of the undertaking irrespective of what interest is obtain or disposed. Law Position No doubt, a reverse takeover is a gaining or acquisitions in a twelve month period that for a fashion designs Plc Company would: Surpass 100 per cent. in any of the 'class tests' set out above; Outcome in a basic alter in its business, board or voting control; or In the case of an advance company, depart considerably from the investment

War-torn country Essay Example for Free

War-torn country Essay The war in Viet Nam, unlike previous conflicts entered by America, provoked a bitter, emotional debate that divided the nation. Wayne’s traditional faith in God and country would have seemed out of place, but he remained firm in his convictions. Moreover, he was not content to stand idle while the American flag was being ripped to shreds. His reaction was in the form of another war picture, this time set in the battlefields of Viet Nam. In 1967, after visiting that war-torn country, he decided to make a film, entitled The Green Berets, about the exploits of the Special Forces. At 62 years he was to play a Green Beret, but Wayne did not mind. He hoped it would bring home the message to Americans about the necessity of the war being waged in Vietnam. Until recent times, The Green Berets has been the only film that supported the American intervention in Southeast Asia. (Wayne 221). In Wayne’s war pictures, the message was unmistakable: one has a duty to his country and he has to do his best to perform it. In the 1949 film Sands of Iwo Jima which earned him his first nomination as Best Actor, Wayne portrayed Sergeant Stryker, a professional soldier who fought in the blood-soaked beaches of Iwo Jima. But many Americans were beginning to question the U. S. newfound role as keeper of world peace. Attacks against The Green Berets were therefore expected. Wayne was labeled â€Å"Apostle of War† by the press. Critics lashed at the film at all angles. But people lined up in theatres to see the movie, which was a huge box office success worldwide. In a period of turbulent protests, Wayne bravely faced anti-war crowds, giving them his idea of what America had always stood for. Once, he confronted student demonstrators in the University of Southern California who waved a Vietcong flag; they ceased waving the flag when he told them that his companion, Jimmy Stewart, had lost a son in Viet Nam. (Szabaga 3). Gamely facing a forum of hostile youths in a university, Wayne even managed to win â€Å"the other side† by his father-figure and sense of humor. Asked why he wore a â€Å"phony toupee,† Wayne countered: â€Å"You’re wrong, this isn’t phony; it’s real. It’s not mine, of course, but it’s real† (Wayne 250). John Wayne continued to star in big-budget films long after contemporary actors had faded, retired or shifted to â€Å"character† roles, which meant they were no longer considered box-office draws. Surprisingly, his aging lent greater depth and believability to his roles, and critics were beginning at last to take notice of him. In 1969, when he was 61 years old, he won the Oscar Best Actor trophy for True Grit. The climactic fight scene in that film shows John Wayne, as federal marshal Rooster Cogburn, ranged against four mounted antagonists on high altitude. His challenge rang clear: â€Å"Fill your hand, you son of a bitch! † Placing the reins between his teeth, he drew a pistol in his left hand and spun a rifle on the other, charging the bad guys. Filming of the sequence took place all day before director Hathaway, a true perfectionist, was satisfied. Wayne refused to have a double, and the scene is one of the best ever produced. His Oscar could not have been more deserved: while filming the gut-wrenching action sequence, he was suffering from pain, one of his lungs having been removed some months before. While the critics did their best to downgrade his films, taking potshots at everything from the story to the acting, his films continued to make it big at the tills. John Wayne made it a point to exclude all kinds of graphic violence in his movies, no rape, no â€Å"adult† scenes. His only passionate love scene was with Maureen O’Hara in the 1952 film The Quiet Man, the only contemporary love story he ever made. Despite the advent of the so-called â€Å"spaghetti westerns† starring Clint Eastwood and company, patronized due to their novelty and shocking violence, the appeal of the Duke did not wane, nor his formula for old-fashioned westerns change: the good guys still defeated the bad guys, and they did it fair and square. Most people, movie fans in particular, often presume their idols are not unlike the roles they portray on screen. Thus, they are disappointed when they discover their swashbuckling hero on film a very tame, unexciting character in real life. John Wayne may not be exactly the same as his never-say-die characters, but he gave everything to maintain appearances as long as he could. His fans remember Duke as an aging but no less heroic figure. The lined, weather-bitten face, in fact, accented the gritty roles he portrayed onscreen, adding a touch of realism, vulnerability, and pathos. That an aging actor would continued to act and be patronized by loyal fans was unheard of in Hollywood; Clint Eastwood and Charles Bronson were to follow Wayne’s footsteps. Although ravaged by cancer, he refused to display weakness until the end. Three weeks after he was operated on, Wayne was about to leave the hospital, looking terribly un-John Wayne, bound to a wheelchair. He was aghast when told that reporters waited outside, eager to confirm rumors about his real condition. Reporters saw, not an emaciated patient, but a confident-looking John Wayne striding to the hospital entrance as if he had just been on a two-week vacation. He had kicked his wheelchair aside and â€Å"forced some color† into his face, truly an award-winning performance. At the car, Duke groaned as he asked for oxygen. (Wayne 188-189). Ronald Reagan remembered Wayne for his courage in the stand-off against communists in the film industry, his generosity and compassion to those suffering and in need. Nancy, describing how it was to be with the Duke in moments of crisis, said â€Å"it was like being next to a force bigger than life. † Elizabeth paid him a tribute by saying â€Å"He gave the whole world the image of what an American should be. † John Wayne’s battle against cancer would inspire other sufferers to fight what was then considered an incurable disease. With his legendary tough talk, he told people that the Big C could be licked, and acted as if battling cancer was like taking cure for a cold. He was instrumental in raising millions of dollars for private cancer research. He urged his doctors, when it was apparent there was no hope for a cure, to use his body for medical research (Reagan). His role of the cancer-stricken, dying gunfighter in The Shootist, depicted John Wayne at his best: courageous until the very end. As abovestated, John Wayne’s real life image is inseparable from his screen persona, no matter what role he played. Whether as a police officer, marine sergeant, frontiersman, gunfighter, John Wayne was John Wayne, and his fans could not care less. John Wayne was relevant and continues to be so because his fellow Americans still identify with him. He had endured for so long because Americans saw themselves in his roles. To them, John Wayne was everything they could ever hope to be. WORKS CITED â€Å"Biography†. 19 May 2007. http://www. leninimports. com/john. wayne. html â€Å"John Wayne’s Congressional Gold Medal†. 20 May 2007. jwplace. com/medal. html O’Hara, Maureen. â€Å"John Wayne, American†. 19 May 2007. http://www. congressionalgoldmedal. com/JohnWayne. htm â€Å"Presidential Medal of Freedom Recipient John Wayne†. 19 May 2007. http://www. medaloffreedom. com/JohnWayne. html Reagan, Ronald. â€Å"Unforgettable John Wayne†. Readers Digest, October 1979. 19 May 2007. http://www. jwplace. com/biography. html â€Å"Soviet Dictator Joseph Stalin was So Angered by John Wayne’s Anti-Communism that He Plotted to Have Him Murdered†. 19 May 2007. bbc. co. uk/2/hi/America/3114963. shtm

Accounting and Finance Degree Reflection

Accounting and Finance Degree Reflection Accounting has always been an interest of mine. Since I was a child, I have always been good in calculation, which makes it clearer that accountancy would be a good choice. After years of studying it, I realised accounting is not only about numbers but theory that require various skills in order to perform a good accounting. The increase number of students in the accounting field has made employment extremely competitive. Major findings suggest that, employers require a broad range of generic and professional skills in graduates to add value to business. In the past, generic skills was broad in that it was usually associated with those skills developed outside the technical curriculum. More recently the scope of the term generic skills has extended to emphasize relevance to graduate outcomes in terms of the world of work and, more specifically, employability (Barrie, 2004). The mixture of skills is necessary by the employers as it helps them solve the diversity of business challenges . Generic and professional skills that employers require The embedding of generic and professional skills in higher education curriculum has been of interest for many years. Skills are important for life-long learning and employability. B. Jackling and P. De Lange (2009) suggested that the skills most desired by employers include communication skills, analytical skills and team skills. Communication skill is particularly essential to accounting profession for which interaction between the providers and the recipients of information. For accounting it is important to starts with gathering and processing of information and end with communication of processed information. Previous research shows that accounting graduates experience communication problem in early employment (McLaren, 1990: Pattern and Williams, 1990). Despite that accounting curriculum has positively contributed to the development of written communication skills (Zaid, O. and Abraham, A. 1994) Analytical skills is relating to using analysis or logical reasoning to solve a problem. It is the ability to visualize and solve complicated problems while making accurate and informed decision. Employers are looking for people that are able to think critically and its consequence. For example, one could be good at spread sheets, can manipulate data effectively but they arent good at figuring out whether the information is reasonable or realistic (Ballantine, J. A. Larres, D. M. 2004). There are an increasing number of companies that want employees to work in a collaborative environment in order to respond quickly in an environment with intense complexity. Avery (2001) proposes teamwork as and individual skills, meaning each individual in a team must take responsibility for the process necessary to accomplish a similar goal. Teamwork is used a lot in the field of accounting such as complete tasks, evaluate clients and report and analyse financial statements. Learning outcomes that are relevant to achieving these skills The degree that Im currently pursuing is Accounting and Finance. The module chosen from this course is Financial Accounting and Reporting (U50035), delivered in semester two of the 2011-2012 academic year, and Financial Accounting Theory (U50081), delivered in semester one of the 2012-2013 academic year. As a credit entry student, I took a module in year one similar to Introduction to Accounting delivered in semester one 2010-2011 academic year. The learning outcomes from the modules in the area of financial accounting were designed to provide students with opportunities to build their employability profile alongside developing their knowledge. The modules were designed to encourage students to build their skill base as part of their way to higher level of intellectual development. In my second year I did Financial Accounting and Reporting module. Throughout this module, I manage to develop some skills and achieve some learning outcomes. For instance outline the regulatory framework for financial reporting which applies to UK and international companies and also using financial and other reports to appraise the performance, financial situation and cash position of companies. We were given two coursework assignments: one individual and one group. The individual coursework is regarding IAS 19, Employee Benefits that has been amended. At a glance, the coursework is intimidating because there are substantial amount of research and reading. They reduced my motivation. However, as I started to read, common key term such as International Financial Reporting Standards (IFRS), defined benefits, termination benefits, service cost, net interest, re-measurements tend to appear in most of the articles. The skimming phase confirmed that my initial problems came from jargons and new terms about the IAS 19. It taught me to use critical and analytical skill in order to find key words and phrases, which help me to read long articles. The second assignment of this module is to do a group presentation on the financial performance, financial situation and cash position of Good Energy Group plc. Further, I have improved my presentation and writing skill because this coursework is presented in a professional report with graphs and financial data. We have limited time to carry out research and we were worn off by the intensive lectures. This is where I found out how time management and teamwork skills play as important elements for success. We distributed the workload among ourselves and set a time frame for completion. Group members were to adhere to the time frame stipulated. This is how we manage to complete a simple presentation, with many hidden hard work behind our success. Currently Im doing Financial Accounting Theory module. There are several learning outcomes from this module one of it is to understand the function and operation of Accounting in a range of contexts, informed by current thinking and research in the discipline. We were given homework almost every time after a seminar. In week 4 we were asked to read a few articles regarding revisiting the conceptual framework. This article refers that the framework needs updating and refining, the inconsistencies need to be eliminated because framework being less helpful in providing guidance for standard setting decisions. During the seminar in week 5, we then discussed our findings in a small group of three. Through this Ive learned a lot more than self-reading, the interaction has definitely improved my communication skills. One strategy describes by Cunningham (1998) to develop creative and critical thinking skills in students are by analysing real life case studies. During the seminars, students were asked to analyse articles provided by the lecturer. Learning outcome such as able to demonstrate the use of current accepted technical language of accounting and accounting practices internationally is achieved. A constructive feedback is given on the spot after a question is raised. This will assists students to develop a questioning attitude as well as able to update their knowledge. Introduction to Accounting is a first year compulsory module, which introduces student to certain principles and techniques of accounting. The module will be concerned with the processes used to record, summarize and present accounting data. The objective of this part of the module is to enable students to prepare company financial statements. Learning outcome after having completed this module is the ability to prepare a set of financial statements for a company from a trial balance and incorporating a variety of simple adjustments. For example when learning how to produce a financial statement, it requires technical and theoretical knowledge once I discovered how to present the information, thats when I develop non-verbal communication skills (Ballantine, J. A. Larres, D. M. 2004). When I started my first semester, I find myself struggling for time. My lifestyle has become chaotic, as I have to juggle between school, work and family. I felt tired everyday and have no motivation to complete my tasks. This is mainly due to my poor time management. As part of the module, an educational talk from one of the accounting firm, Ernst and Young has made me realize that many things could be achieved with proper time management. A person that works at least 12 hours a day still find himself some time spend with family and for his favourite sports. Conclusion This reflective statement is a learning tool, which will help students better understand, learn and reflect on issues covered in the entire course and in other relevant areas. I believe that a strong academic background is a fundamental issue for student but might not be enough in indicating whether or not a student will be successful in a particular work environment. Throughout this course I personally think that the modules I have taken have been benefiting me in terms of the aspects in which I have learned. It is designed to encourage communication skill, teamwork, critical thinking and analytical skill. This is what employers seek for in a potential candidate. Researching on coursework have opened my eyes and made me aware of any jargons that come across during reading. In the final (third) year, I feel as if I have a great deal of knowledge of the information that I looked at for these modules. The use of case studies, group-based learning, and task designed to address communica tion and presentation skills are suitable for developing appropriate competencies in accounting graduates for future employment.

History of Contract Law

History of Contract Law Contract Law In Brief – History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations. This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ‘roughshod’ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this. In the development of the concept and principles of the law of contract in this country the courts, in relation to various aspects of the topic, have reached many significant decisions. By way of illustration, one of the most famous cases in the whole of the law of contract must be the seminal decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, in relation to the distinction between an offer and an invitation to treat, that must be closely followed by the decision in Adams v. Lindsell (1818) 1 B Ald. 681, that served to establish the ‘postal rule’ that has since been somewhat adapted, through technological advancements, so as to also be read in accordance with Entores v. Miles Far East Corporation [1955] 2 QB 327. Moreover, the issue of mistake, as a reason for considering a contract to be void, was effectively illustrated by Bell v. Lever Bros Ltd [1932] AC 161, HL, that was also supported by the decision in Derry v. Peek (1889) 14 App Cas 337, HL, in r elation to the concept of misrepresentation. Finally, in relation to consumer protection, the decision in Saphena Computing v. Allied Collection Agencies [1995] FSR 616 is reflective of the need for quality in the goods that are offered by way of contract so that there are standards to be adhered to that can be redressed. In looking to consider whether a valid contract has been formed it is generally considered to be a good idea to look at the negotiations that have taken place between the parties. But this can be quite problematic where there there is a lengthy course of negotiations between the parties because it may be difficult to effectively determine when they have actually reached an agreement, supported by Kennedy v. Lee (1817) 3 Mer 441. Nevertheless, inspite of a prolonged period of continuing negotiations, the courts may be willing to find a concluded bargain; and, if so, a continuance of the negotiations thereafter will not necessarily terminate that agreement, illustrated by Davies v. Sweet [1962] 2 QB 300. However, in making their decision in relation to any series of negotiations put before them, the courts will also look to consider the three fundamental aspects that are recognised as part of any contract – (a) offer; (b) consideration; and (c) acceptance – in order to make their decision about whether an agreement has been fromed leading to a binding contract. (a) Offer The offer is considered to be concerned with the making of a written or oral proposal to give or do something as part of an agreement that may be deemed to be a legally binding contract in certain circumstances that may be express or implied from the conduct of the parties in any given case. As a consequence, it is important to understand that the person making the offer is the offeror, whilst the person to whom the offer is made is the offeree and any given offer must adhere to the following rules – (i) it must be made to a definite person, class or person, or even the world at large; (ii) it must be effectively communicated to the offeree before acceptance; but (iii) the offer is only considered to have been made when it actually reaches the offeree – see, by way of illustration, the decision in Adams v. Lindsell (1818) 1 B Ald. 681. (b) Consideration The element of consideration within a contract refers to that which is actually given or accepted in return for a promise as part of an agreement in the form of a â€Å"right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa (1875) LR 10 Ex 153. Consideration is executed when the act that is considered to constitute the consideration in a given case is performed and is deemed to be ‘executory’ when it is yet to be performed in the future. But regardless of this, any element of consideration must be legal, not be past, and move from the promisee to the promisor, supported by Lipkin Gorman v. Karpnale [1991] 3 WLR 10. (c) Acceptance The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334. But it also must be recognised that it is possible to have an acceptance ‘subject to contract’ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them. (a) Counter Offer A counter offer is usually taken to refer to the occasions where the offeree makes a response that serves to effectively suggest that there is only likely to be an agreement on terms that are considered to be substantially different from those that were originally put forward. Therefore, with this in mind, this idea is perhaps best illustrated by way of a practical example – i.e. where Party A says to Party B â€Å"You can have my horse for  £10,000† and Party B thinks about this and then says â€Å"I like this horse, but I am only willing to go to  £8,000† that is effectively a counter offer that is also supported by the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. (b) Invitation to Treat The idea of an invitation to treat is effectively based on the premise of an offer to receive an offer and whilst this principle of the law of contract was considered to have most famously been considered in the decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, it is important to appreciate that, in Fisher v. Bell [1961] 1 QB 394, Lord Parker most effectively served to summarise the concept. This is because of the fact that, in this case, he said that, by way of illustration, â€Å"the display of an article with a price on it in the shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract†. (c) The ‘Postal Rule’ As an important aspect of contractual theory, the ‘postal rule’ was an early nineteenth-century common law doctrinal development. Therefore, it served to hols an epistolary acceptance of a contractual offer will be said to become binding when it is put within the course of the postal service, according to Adams v. Lindsell (1818) 1 B Ald. 681, as the fairest method of allocating the risk, supported by Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216, and to avoid the revocation of the offer that was made leading to the acceptance until it was received, illustrated by the decision in Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587. Consequently, it is to be appreciated that a complete contractual agreement was said to exist when the properly stamped and addressed ‘letter’ is put in the course of postal transmission, supported by Henthorn v. Fraser [1892] 2 Ch 27, and beyond the power of the acceptor so it is immaterial whether it reaches the offeror or not, illustrated by Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666. Consequently, the ‘Postal Rule’ is usually considered to be somewhat advantageous for the offeree since they will not be responsible for delay because the burden of uncertainty of waiting is with the offeror. Whilst the Internet does not require a direct physical link between the users, it does allow the user to be notified if a message is successfully sent and/or received by another machine. But, whilst it is imperative for the user to re-send their message where it has not been successfully sent or received, in keeping with the decision in Entores v. Miles Far East Corporation [1955] 2 QB 327, intention to formulate e-contracts effectively is still open to debate, illustrated by Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303. Such a view has arisen because the contract in such cases comes into existence where acceptance is received, supported by Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293. Therefore, generally, for revocation of acceptance of an offer to be effective in this area, revocation would take effect when it is communicated if they were considered to be revoking the ‘offer’ to take the goods, illustrated by Byrne v. Van Tienhoven (1880) 5 CPD 349. But this is not the case with ‘electronic contracts’ formed under the ‘postal rule’, so anyone contracting on this basis would need to be advised the acceptance of an offer is complete as soon as the acceptance is ‘posted’. However, there is some controversy in this area because such a revocation would usually in no way have prejudiced the offeror if they were to receive the revocation before the acceptance and the only direct authority is that of the troubling decision in Countess of Dunmore v. Alexander (1830) 9 S. 190 so the better view is that such acceptance is generally irrevocable, in keeping with Wenkheim v. Arndt (1873) 1 JR 73 (NZ). But statutory provisions have provided for a ‘cooling off’ period since the Consumer Credit Act 1974 with one of the most recent examples found in the Consumer Protection (Distance Selling) Regulations 2000. Therefore, on the basis of the Consumer Protection (Distance Selling) Regulations 2000, it is possible to cancel an order because the effective date of cancellation is when the cancellation is sent, but this is usually after acceptance has been received, making it difficult to resolve on the basis of how their contract was formed. The concept of ‘quasi-contracts’ generally arises in cases where the law imposes on someone an obligation, through the creation of another contractual arrangement, to make repayments on grounds of unjust benefit at the expense of someone else, in keeping with the decision in Shamia v. Joory [1958] 1 QB 448. Therefore, with this in mind, more specifically, in the case of building and construction contracts in particular, situations may arise where the party that is paying for the work may draft the contract to derive ‘money benefits’, illustrated by Twinsectra Ltd v. Yardley [2002] 2 WLR 802 and, on analogy, Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL and may be considered voidable if they entered into it under duress or undue influence, supported by Barton v. Armstrong [1975] 2 All ER 465, PC. But if the contract is voluntarily acted upon, it must also be recognised that it will usually be considered to be binding, in keeping with the dec ision in Ormes v. Beadel (1860) 2 De GF J 333, unless it is voidable on grounds of restituion. Letter of Intent In the past, it has been argued a letter of intent could be considered to be akin to conditional contract, illustrated by British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504. But the success in this particular case can also be contrasted with the decision in Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 where there was an unsccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work in respect of a contract that also never materialised. Such a differing view is largely based on the fact that these cases are not analogous because, whilst one party, in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, requested the other to perform services and supply goods that would have been required under the expected contract, the costs that Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 sought reimbursements for arose in an effort to put itself in a position to obtain and then actually perform the contract itself A breach of contract generally arises where there is a recognised failure or refusal by one of the parties to a contractual agreement to fulfil one of the obligations that have been imposed on them under the remit of that contract. Therefore, with this in mind, in such circumstances the contract will be discharged where the breach of contract in question has been found to lead to the innocent party to the agreement treating it as having been rescinded and also, where it has been found to have the effect of depriving one of the parties of the whole benefit of the agreement with undertakings still to be performed, supported by the decisions in Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26 and Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827. The concept of mistake in the context of contract law serves to negative, or to nullify, consent by preventing the parties involved from reaching agreement and nullifying consent where the parties reach agreement, according to Bell v. Lever Bros Ltd [1932] AC 161, HL. But it is also important to appreciate equitable remedies do not serve to distinguish between mistakes negativing, and nullifying, consent, as well as where a party who paid money seeks to recover it in restitution, illustrated by Kelly v. Solari (1841) 9 M W 54. However, mistake will not negative consent unless it is material to the agreement’s formation, according to Dennant v. Skinner Collom [1948] 2 KB 164. This is because, without the assent of both parties, in most cases each party will look as though they are assenting to the proposed terms; so the objective test will preclude any party from denying an agreement, supported by OT Africa Line Ltd v. Vickers plc [1996] 1 Lloyd’s Rep 700. Nevertheless, if one party is, to the knowledge of the other in a given case, mistaken as to the terms, evidence of subjective intention is admitted, according to LCC v. Henry Boot Sons Ltd [1959] 3 All ER 636, HL, so there will be no agreement in the objective sense and may be even no agreement at all, illustrated by Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761. However, it is also to be appreciated that there seems to be no reason why there should not be a subjective agreement where the other party is estopped, according to Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA, and equitable remedies have been granted, supported by A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555. The concept of misrepresentation refers to the situation where a false statement of fact is made and is considered to be fraudulent if is is made either recklessly or with the intent to deceive, in keeping with the decision in Derry v. Peek (1889) 14 App Cas 337, HL, so anyone induced to enter a contract may then rescind the contract, claim damages or even both, according to S Pearson Son Ltd v. Dublin Corpn [1907] AC 351, HL. Moreover, it is also to be appreciated that a contractor induced to enter a contract by reason of an innocent misrepresentation may also rescind the contract or claim damages. Nevertheless, whilst the court has discretion to award damages in lieu of rescission, under section 2(2) of the Misrepresentation Act 1967, the measure of damages payable is generally the sum of money that placed the representee in the position they would have been in if the representation had not been made, supported by Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560. However, it must be recognised that a contractor who continues to act upon a contract after discovering a statement was false loses their right to rescind, accoridng to Long v. Lloyd [1958] 2 All ER 402, CA, so they will only be entitled to the price agreed under that contract, supported by Glasgow South Western Rly Co v. Boyd Forrest [1915] AC 526, HL. (c) Frustration It is also to be appreciated, however, that the doctrine of frustration has evolved so as to serve to mitigate the rigour of the common law’s insistence on literal performance of absolute promises, in keeping with the decision in J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloyd’s Rep 1, so as to be able to give effect to the demands of justice to escape from injustice where it would result from enforcement of a contract. Moreover, the concept of frustration also effectively ‘kills’ the contract and discharges the parties to any agreement from further liability under it, so the doctrine cannot be lightly invoked but must be kept within very narrow limits, since it brings the contract to an end forthwith, without more and automatically. Therefore, with this in mind, it must be recognised that the essence of frustration should not be the act or election of the party seeking to rely upon it, but due to some outside event or extraneous chang e of situation, without blame or fault on the side of the party seeking to rely upon it, supported by Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloyd’s Rep 211. (d) Restitution It is also to be appreciated that, generally, where someone is found to have gained unjustly from another’s conduct, those gains should be returned as a result of, what may be considered apt in this context, for example, a breach of contract. Accordingly, by way of illustration, in the decision of Attorney-General v. Blake [2001] 1 AC 268, the defendant in this case had made a sizable profit from the act of breaching his contract with the claimant who was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. Therefore, with this in mind, the claimant sought restitution for breach of contract and the defendant was ordered to pay over his profits although restitution is still only available in exceptional circumstances. Wrongful Termination Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA. Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL. As has already been alluded to, there are other kinds of contract outside of the business to consumer, or business to business, agreement that must be recognised. Therefore, with this in mind, it is to be appreciated that within these other concepts of contract, it must be recognised that construction contracts have certain principles that may be considered to very specific to this kind of contract aside from the general principles identifeid for all contracts. (a) Sub-contractors Quantum Meruit By sub-letting part of the work, it is important to appreciate that, within the context of a construction contract, the main contractor impliedly contracts with the sub-contractor that they will not prevent the sub-contractor from doing their work otherwise they will have a claim for damages against them, in keeping with the decision in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, under the principle of ‘Quantum Meruit’. However, it is also to be appreicated that the sub-contractor is also liable to the main contractor for defective work, as the relationship between them is similar to that of employer and contractor, supported by Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461. Therefore, this effectively means that where the sub-contractor is in breach and this has caused injury to a third party, they will be liable even if both have been held liable to the third party in tort, illustrated by Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA. On this basis, it must be recognised that the sub-contractor’s liability in contract may include damages and costs the contractor has had to pay to the third party, in keeping with the decision in Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809. (b) Sub-contractors liability A construction contract is also considered to be particularly useful in such cases where, in breach of a contract, the sub-contractor then proceeds to delay completion of the overall work, having known at the date of contracting that the main contractor is liable to liquidated damages or forfeiture for delay, the liability of the sub-contractor to the contractor is increased, in keeping with the decision in Hadley v. Baxendale (1854) 9 Exch 341. Therefore, with this in mind, the main contractor will then be able to recover the damages they have had to pay out to the client owing to the delay caused by the sub-contractor, or profit they would have made, together with the cost of work, supported by Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA. However, it is also to be appreciated that knowledge of the main contract is not sufficient to prove the sub-contractor agreed with the main contractor to be bound, so if the sub-contractor properly completes their work, their right to payment will not depend upon the certificate of the architect, notwithstanding it is a condition precedent to payment to the main contractor, in keeping with the decision in Southern Water Authority v. Carey [1985] 2 All ER 1077. But where the sub-contractor expressly contracts to be bound by the terms of the main contract, provisions as to retention money will be applied to them proportionally, supported by Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA. Nevertheless, it must also be recognised that a sub-contractor who voluntarily undertakes extra work or uses better materials than those stipulated has no claim, according to Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462. (a) Sale of Goods Act 1979 The remit of the Sale of Goods Act (‘SGA’) 1979 effectively applies to sale of goods contracts with its implied terms in relation to quality and fitness for purpose with regards to both business-to-consumer and business-to-business sale of goods contracts. But whilst, in view of the changes made by the SGA 1995, the standard covering issues such as freedom from minor defects and durability seems to have become quite high, this may, in fact, be something of a misnomer, according to, for example, Saphena Computing v. Allied Collection Agencies [1995] FSR 616. Moreover, there is an old legal maxim, ‘nemo dat quod non habet’, which means ‘no one can give what he does not have’, that was enshrined in the SGA 1979 long ago in 1893 so that if someone sells goods that are not there’s, or which they do not have the authority to sell, the buyer cannot acquire ‘good title’, so that the ability to pass property and the time of its passin g are very important. In looking to appreciate the significance of the Unfair Contract Terms Act (‘UCTA’) 1977, it must be recognised that, whilst, generally, the law of contract has created a range of ways for the individual terms of a contract to be avoided or ‘blunted’, the remit of UCTA 1977 is actually almost entirely focussed upon contractual provisions and notices that look to effectively limit or exclude liability, or its equivalent. As a result, whilst some of UCTA 1977’s controls apply universally and strike down particular terms unconditionally, other controls actually allow a ‘term’ to be effectively justified as ‘reasonable’, so a large business can still impose onerous terms, because there is no statutory protection provided for. This is supported by the fact courts in this country have also looked to apply principles to make contracts work, according to the principle established in G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 that â€Å"the transaction †¦ performed on both sides will also make it unrealistic to argue that there was no intention to enter into legal relations Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or alternatively, it may make it possible to treat a matter as not finalised in negotiations as inessential†. Therefore, with this in mind, each and every case that comes before the court in this country must be decided solely on the specifics of its facts and the construction of its agreement. As a result, some surprisingly draconian exclusion clauses have been upheld, supported by SAM Business Systems v. Hedley Co [2002] EWHC 2733, despite the fact English case law developed no general principle allowing terms apparently agreed by parties to a contract to be attacked solely on grounds of unfairness, illustrated by Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924. This is because, according to the Law Commission’s ‘Second Report on Exemption Clauses’ ((1975) (Law Com No. 69)), a contract term â€Å"bears its natural meaning of any term in any contract (and is not limited to terms in a contract between the instant parties)†. But it is also to be appreciated that a contract term or notice may amount to a contractual exclusion clause which is apt to exclude or restrict liability for breach of either a contractual or tortious duty of care, supported by Johnstone v. Bloomsbury Health Authority [1992] QB 333, or a disclaimer notice apt only to exclude or restrict tort liability, dependent on the nature of the contract (c) The Consumer Protection Act 1987 In keeping with this line of thought, it is also important to appreciate that the remit of the Consumer Protection Act (‘CPA’) 1987, between sections 10 and 19, supported by the decision in R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC, has looked to effectively establish a system so as to be able to impose liability in relation to unsafe consumer goods and a standard of saftey that all maufacturers and retailers must look to comply with or risk committing an offence. Therefore, on this basis, the CPA 1987 has also served to establish that any breach of the safety regulations is an offence that not only provides a consumer with even greater scope to reject the goods, but also serves to give the Secretary of State the power to be able to serve prohibition notices. ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Law Commission’s ‘Second Report on Exemption Clauses’ (1975) (Law Com No. 69) A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555 Adams v. Lindsell (1818) 1 B Ald. 681 Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462 Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461 Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL Barton v. Armstrong [1975] 2 All ER 465, PC Bell v. Lever Bros Ltd [1932] AC 161, HL Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761 Beswick v. Beswick [1968] AC 58, HL Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293 British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504 Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Byrne v. Van Tienhoven (1880) 5 CPD 349 Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Countess of Dunmore v. Alexander (1830) 9 S. 190 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Dennant v. Skinner Collom [1948] 2 KB 164 Derry v. Peek (1889) 14 App Cas 337, HL Entores v. Miles Far East Corporation [1955] 2 QB 327 ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23 Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA Fisher v. Bell [1961] 1 QB 394 G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA Glasgow

Essay --

Marlene Cazahuatl 12/19/13 F.D.R Senior Bullying is a serious issue many young kids in society go through. Most of these children that face this issue many of which are Latinos or from Hispanic descendent are the main ones who suffer from this. These kids are sometimes bullied on where they are from and what they are or what they're not. The fact being is that no one should feel intimidated by another person that's most likely the same age as them. Now a days the media play a huge role in uncovering the issue of bullying. The media makes us reflect on how bullying wasn't such a big issue as it is now in past generations. The Fact is that we should do what ever is in our hands to prevent more cases like these and not allow anyone to be a victim of someone's aggressive behavior. According to reports from last year 2012, statistics show that 1 out of 4 students from Hispanic descendent are being bullied in their schools, most of which are afraid of attendin...

The Role of the Forest in Midsummer Nights Dream and As You Like It Es

William Shakespeare often compares imagination and reality in his plays. He explores this comparison through the role and purpose of the forests in Midsummer Night's Dream and As You Like It. Midsummer Night's Dream focuses on imagination and escape, while As You like It focuses on reality and self discovery. Imagination plays a key role in Midsummer Night's Dream. Puck, a fairy servant and friend of Oberon watches six Athenian men practice a play to be performed for Theseus wedding in the forest. Puck turns Nick Bottom's head into that of an ass. The other players see Bottom and run away screaming. He follows them saying, "Sometime a horse I'll be, sometime a hound, a hog, a headless bear, sometime a fire." "And neigh, and bark, and grunt, and roar, and burn, like horse, hound, hog, bear, fire, at every turn" (3.1.110-113). Nearing the end of the play Theseus and Hippolyta discuss what the four lovers experienced. Theseus states, "I never may believe these antique fables nor these fairy toys.'' The lunatic, the lover, and the poet are of imagination all compact" (5.1.2-3 and 5.1.7-8). At the end of the play the fairies arrive to bless the three couples. Puck tells us, "Now it is the time of night that the graves all gaping wide, every one lets forth his sprite, in the churchway paths to glide." "And we fairies, that do not run by the triple Hecate's team from the presence of the sun, following darkness like a dream, now are frolic. (5.1.396-404). Oberon and Titania sing, "So shall all the couples three ever true in loving be." "And the blots of Natures' hand shall not in their issue stand. Never mole, harelip, nor scar, not mark prodigious, such as are despised in nativity, shall upon their children be" (5.1.424-431). .. ...a person to escape reality. Through the forest of Arden, a person has time to contemplate life. Or is life a dream, as Puck put it, "If we shadows have offended, think but this, and all is mended---that you have but slumbered here while these visions did appear. And this weak and idle theme, no more yielding but a dream†¦" (5.1.440-445). Works Cited Shakespeare, William. A Midsummer Night's Dream. Comp. Folger Shakespeare Library. New York, NY: Simon & Schuster Paperbacks, 2009. Print. Shakespeare, William. No Fear Shakeaspeare A Midsummer Night's Dream. Trans. John Crowther. New York, NY: Spark, 2003. Print. Shakespeare, William. As You Like It. Comp. Folger Shakespeare Library. New York, NY: Simon & Schuster Paperbacks, 2009. Print. Shakespeare, William. As You Like It. Trans. Gayle Holste. Hauppauge, NY: Barron's Educational Series, 2009. Print.

Creating a Robot to Make Toast with Lego Mindstorm :: Robotics

Toast-O-Bot Abstract: A robot that uses a toaster to make toast, butters it with spray butter and makes a CD player play the song "Yeah Toast" would be both useful and entertaining. Using the Lego Mindstorms and MAC NQC to program them such a robot could be possible. Using the suggested design and programs for the Roboarm in the Definitive Guide to Lego Mindstorms as a starting point I built the robot and modified it for the toaster. During testing of the motors, it was discovered that Toast-O-Bot is not strong enough to press the button on the toaster. Even after toaster modification it was still unable to press the button. The Toast-O-Bot only moves the bread from location to location, so a user is required to press the button on the toaster. Background/Purpose: People with disabilities use many devices today to ease their lives and help with every day tasks. This may include simplified processes, service animals or small machines or robots that perform small tasks for any user; young, old, disabled, or able bodied. There are devices to change TV channels, open doors, turn lights on and off, and now a robot to make toast for them. Ever since the discovery of toast man has looked for a way to make toasting easier, beginning with the primitive toaster, and progressing to the modern pop toaster. The primitive toaster was made of iron and placed in hot coals. In 1909, G.E. introduced and patented the electric toaster. The pop toaster, introduced in 1919, has been modified by many people to develop the modern pop toaster. Toaster ovens, though not as common, are also used to make toast. The hope is to further ease the work that goes into the making of toast by creating a robot that can use a toaster to make toast. The robot will have a claw arm to pick up the bread and place it in the toaster. It will also have an arm to press the button on the toaster and on the spray butter. There will be a touch sensor at the bottom of the button track and when it equals zero the robot will remove the toast to butter it. After buttering the toast, it will then place it on a plate for the user to enjoy. It may also press play on something to play the 'Yeah Toast' song from the Bob and Tom Show. Materials: à ½ LEGO pieces need for the Roboarm from page 313 in the Definitive Guide to Lego Mindstorms à ½ Various decorative things à ½ A way to raise the base to the height of the toaster

Is Technology a Boon Essay

Technology is very much a part of modern life. Many people see technology as a force that has escaped from human control. Others feel that technology has improved the quality of life. Do you think that the contribution technology has made to modern life has been positive or negative? State your position on this issue and support it with appropriate examples. Technology has become a part of our lives. The issue of decide if this part is or not good for life is a controversial one. Many believe that contribution technology has made to modern life improve the quality of life in different aspects. Others believe that technology is out of human control and they see adverse effects in modern life. After careful analysis of different fields such as daily life, medicine, and education, I feel that contribution technology has made to modern life has been really positive and help to improve the quality of human lives. The first reason for me to believe contribution technology made to modern life is just the daily life to unprecedented levels. Houses’ security systems, for example, connected to the police, is more powerfully because is build on technologies developed in the last years. As women increase their roles in society in the last times, daily homework such is cook, make laundry or vacuum take less time to do it than before, and its permits women to dedicate this time to other activities such is study, working, and other activities. Not only the daily live is benefited by advances of technology, another field is medicine. Thanks to advances in technology, many diseases that before was the cause of massive death, now is a past true, with the advances in technology, scientific and doctors find different vaccines to help people be healthier. The medical equipment’s advances help process such as surgery in a way that was never possible before. Nowadays, it is routine to get a heart replacement, which in the past such situations was simply impossible. Most importantly, we can see how scientific are in the process of looking for the solution to current diseases, and this will be possible, with the use of advanced medical technology. The best reason for me to applaud contribution technology made is in the field of education. I see how the advances in technology help students in their learning. For instance, the use of projectors and video conferences help in important amount in the process of learning; by using these approaches, different kinds of students’ intelligence can be addressed. Computers are another example of contribution that technology made to educational field. The use of well equipped computer lab is truly helpful for students because they have the chance to learn computer skills that are very important in almost all the work environments. Nowadays, teachers can find information they can use in their daily lessons. For instance, in a math class, teachers can use updated statistical information finding in computers (by just a click), and they can infuse these information into a lesson, making the lesson related with real life situations for students. In the final analysis, I think the benefits technology offer to improve the quality of life outweigh the deficits. I do not think technology is out of human control and by the exposed in lines above we can easily see how technology helps and improves the quality of human live in the daily routine, Medical advances allow humans to live longer and more healthy lives than ever before and technological advances make the learning more easy. Ultimately, Technology is developed by people to help improve quality of human lives and all of us are using technological advances in many different ways, also to indicate that it is incontrollable.

Analysis for Monologue of an Onion Essay

Cutting an onion plant plant breaks cells in its trim causing a response that results to the formation of volatile sulfur involved which, when mixed with divide coating our carriage, becomes sulfuric acid. This triggers the tear ducts to produce more than weeping to all toldeviate the imbalance in sulkiness the irritant has caused the longer the eyes argon exposed to the acid the greater the measuring of tears produced. Sue Kwock Kim uses this certain dimension of an onion to tackle a particular proposition hu human race idiosyncrasy.Monologue for an Onion discusses how adult male have the t remnantency to lie to themselves in pursuit of false hopes through salient situation, tone, and symbol. The rime opens with the onion voicing break through its thoughts as the someone peels away its skin. As the poem progresses, more and more layers ar removed in the soulfulnesss pursuit to baring the tinder of the onion. In stanza three, it becomes evident that the oni on has no heart because it is pure onionpure substance of outside and in, surface and secret core. exclusively despite this, it is come uponn that the somebody continues to subject his eyes to the acidic fumes emanating from the peels in hopes of purpose what is obviously absent. As the person gloweringly peels away the onions skin, the onion continues to utter words of warning to the person it is pointless to continue stripping the onion finish off its covering when all that grass be attained in the end are tears and onion-juice, yellow peels, and (my) vinegarish shreds the wasted effort and the persons refusal to concede to the truth angers the onion.For most of the poem, the feelings of chafe and anger dominate the scene. But in the first six lines of the poem, the talking onion pities the person for he is deluded into thinking that it has a heart. But in the proceeding lines, the prohibit feelings start to bubble to the surface. These feelings were first introduced in t he tenth line Look at you, chopping and weeping. Idiot. present, we see that the onion finds it stupid that the person persists to chop away his skin when the run causes him to hurt.The emotions climb a steady set up and burst out into the open first with lines fourteen and fifteen ruin and tears your only signs of progress? Enough is enough. Here the onion lashes out to the person for refusing to look past the veil of tears and see what is thither right in mien of him. The onion finds it incredulous that the person lets himself be fooled by false pretenses of the existence of something candid buried deep beneath a layer of unfavorable boundaries. The onion sees no point in its destruction when all that awaits the person is nothing but a pile of abandoned skins and wasted tears.Eventually, the onion calms down but does maintain the godforsaken tone up to the very go away line in the poem. In the poem, the centrepiece is the fact that the onion is a symbol. The onion repre sents the truth that the person is desperately move to deny. In the first two stanzas of the poem, the desquamation off of the onions skin can be interpreted as the persons attempt to find a sugar-coated version of the truth. Alas, an onion is an onion in and out and because the bitter covering is all there is to it.Even so, the person persists on chopping off the onions coveringa clear indication of mans reluctance to let go of coveted truths. The tears symbolize the troubles brought intimately by this unrelenting pursuit of misguided truths the more man insists on digging deeper into the staple foundation of the truth, the troubles would only increase in multitude. Eventually, man r to each onees the core of the truth and finds that it is no different from what the surface contained. With each skin off layer of the onioneach section of the truth uncovered, disappointment greets the persistent man.Disappointment after disappointment, this has left the person with a weakened m orale. And so the onion takes pity on the person who terminate up having nothing but a tired heart divided into pieces. In conclusion, Monologue for an Onion talks about the dangers in blindly chasing false hopes. The poem highlights mans ability to devise fantasies and desired truths that could somehow cloud mans judgmentinstead of separating the day-dream from reality, man desperately searches for the non-existent truth in the expense of personal physical and/or emotional health.

Nike Supply Chain Essay

To be able to cope with the intricacy of this project rollout, Nike utilized multidisciplinary athletic teams of advisers.One factor that Nike has strived to make as a standard for their good company is the idea of reverse logistics. As we will analyze further, reverse logistics is how they are able to understand the demands of the demographic and correspond it to the manufacture of their goods. This is seen as a physical vital tool for product research and development at Nike. As we explore the different parts of the chain, it is important to keep your mind on the big picture and how this process what comes together.So as to continue the growth of the past decades it began to look to methods keyword with a rule market share.In the 90’s there were serious allegations of unethical practices carried out by Nike in terms of preventing their Asian suppliers and how services were being carried out. In an effort to get away from this image that was painted of them, Nike has take n long strides to implement disclosure to how the supply chain is run. Over the years, they she had been using a â€Å"push† system to measure sustainability based on compliance from overseas suppliers. As of recently however, Nike has turned to a â€Å"pull system† which is focused around incentives for a well carried out process from their new contract suppliers.

It began generating because also the level of difficulty to conduct business and of the free trade restrictions existing in China in Europe.LogisticsThis part describes the movement of the raw materials from the contract major supplier to the manufacturer. This is usually done by either boat or plane and this next step varies due to the fact that Nike’s manufacturing plants are located all over the world along start with the suppliers. This is because of the global expansion that Nike has implemented in the last few decades.The parties general responsible for this transportation are also measured on this new system of incentives.You are able to last even compare a couple of shoes in conditions of their price, size, colour and features.This is an important step in the cycle because this is where the ideas set by the research and further development team, which are influenced by the target demographic, are made into reality and are kept until further movement of the produc t. Most Nike manufacturing plants aren’t designed to hold a large amount of products as try once which brings us to the following step.Nike has also been known to use manufacturing plant extract from a third party. Because of the fact that Nike is still responsible for these processes carried out by these manufacturers, they keep a close watch on the quality of the products produced.

Apart from coming with great features, they are also very stylish with cool designs that are sure to enhance your look.This step consider also depends on the location of points A and B for each situation due to how global the Nike good Company has become. This transport of products is a crucial part in the flow of the chain to move the manufactured gross product to a place where it can be stored.Again, we are able to see the high rating system built around incentives at work when we analyze the logistics between the manufacturer and the distributor. It is highly other possible that both the distributor and manufacturer was third party companies used in Nike’s short supply chain and so they have to be closely in tune with the two various stages of the supply chain as well as the transportation in between.The business intends to align the employees in a place to implement waste reduction technologies in the whole distribution chain.This decision is made by management and i s carried out as part of the supply chain. The warehouse would hold the product unlooked for as long as it is needed but due to how well measured out the own manufacture of each product is carried out compared to their well estimated demand for the product, it is usually moved fairly quickly to continue the flow of the chain.Distribution is important because the final product needs to be stored before is sent to vendors. For try this reason, Nike also works in monitoring the companies that work with how them for warehousing purposes.

Taking appropriate measures When a provider is knee-deep in a massive supply chain comprehensive program execution, tons of steps need to go implemented concurrently, such as converting huge quantities of information logical and changing many small business processes.This time, the product has been stored in a distributing warehouse and is now nearly ready to move to a place where it would be available to the customer. Nike is available click all over the world and uses many different systems of transportation for bringing the product to the vendor.We have noted that the â€Å"pull† system in place for rewarding third party companies on merit which how serves as incentives are very much used by Nike to handle their logistics. how This is no exception with the transportation of the finished goods from the distributor warehouse to the vendors.Additionally, it generates a first great deal of revenue.Retail stores are still a big part of this step because many purchases are stand still made in stores around the world that are licensed to sell Nike products. Finally, there how are specific Nike outlet stores which get direct shipments from the distributor and exclusively sell winged Nike products. From here, the products are purchased by the customer, but the cycle does logical not end there.8.

It had.Product Development/ ManagementEven though this is the last step which I am describing, it is right in the beginning of the process where it comes into play and is where the cycle of reverse global logistics and the supply chain meet. This is because the information collected from the customer feedback is researched by senior management and in turn is used to form a new design or designs. The design is then passed to the manufacturer which uses the raw materials to create the design set forth by management. This way, the cycle is continuous and efficient.Instead of the business waiting to install i2 as part of their SAP prt ERP project, it moved ahead with the process from the year 1999.By utilizing a single thread to basically make the most entire shoe. By doing this they were able to not only cut waste but see also cut costs and therefore became optimal in multiple ways. Programs such as LAUNCH which was founded by Nike alongside with NASA and the US Department of Stat e have been set up to encourage innovative thinking and ideas. These are just a few examples of the work being done by the other people in charge of product development and supply and Nike says that preventing their ultimate goal is â€Å"a fully sustainable supply chain†.

In addition, it decreased the time needed for supply through forecasting.Sustainable Business first Performance Summary. Available at http://www.nikeresponsibility.com/report/files/report/NIKE_SUSTAINABLE_BUSINESS_REPORT__ FY10-11_FINAL.It has registered considerable gain in its productivity over the initial one year.2013. good Governance and Sustainability at Nike. Harvard Business School Teaching Case.Porteous, A.

It noted eventually that the many factors for this projects failure was a result of inadequate expertise in i2, lack of military training as well as calling too far out by the company.L., Rammohan, S., V. 2012..edu/scforum/sisscrSchifrin, D., Carroll, G., Brady, D. 2013.