Thursday, November 28, 2019

How Defense Budget Cuts Are Affecting National Security

Introduction The American constitution gives the Congress the mandate to provide for the common defense of the nation as well as its general welfare. However, it does not provide information that defines the term ‘common defense’. Additionally, it does not give any specific guidelines for the budgetary allocation of the defense budget. For the last few decades, most of the Americans were of the opinion that common defense entails the activities of a single agency, the Department of Defense (DoD), in enhancing national security (Brook 33).Advertising We will write a custom research paper sample on How Defense Budget Cuts Are Affecting National Security specifically for you for only $16.05 $11/page Learn More However, national security can only be achieved by coordinating the several state agencies and requires sufficient funding/budgetary allocation. The defense budget cuts are making many Americans feel insecure since all the agencies involv ed may not be able to function effectively due to the lack of funds and the development of modern threats to national security. The defense budget cut will impair the efficiency of the bodies responsible for the maintenance of national security. Defense budget in the U.S A significantly large portion of the United States’ Gross Domestic Product (GDP) is used in funding the agencies under the National Security Council. The agencies include Department of Defense, Department of Homeland Security, Department of Justice, Department of Treasury and the Department of Transport among others. The increase in military expenditure began after the Second World War. Prior to the War, the budgetary allocation of national defense was less than 2% of the GDP. This proportion increased during the war whereby national security expenditure required a third of the GDP. According to Wilkerson and Williams, the expenditure dropped after the Second World War to less than 7% of the GDP (50). However , the expenditure rose again to over 14% due to the Korean War, Cold War and the Vietnam War during the 1950s and the 1960s. Towards the end of the1970s, the expenditure on national defense had dropped to 7% of the GDP and the decline in the expenditure/budget continued for the next two decades. In 2000, the national defense expenditure had dropped to 3.8% of the GDP, which is the lowest expenditure that has ever been recorded in the history of the U.S. Over the last one decade, national security has exhibited an increasing trend in its expenditure. The increase of the national defense budget over the last one decade is justifiable. The United States has been experiencing some non-traditional threats to national security. They include terrorist attacks from some of the world’s famous terrorists, drug trafficking and cyber attacks, which threaten the well-being of the United States. Other forms of national threats include the spread of infectious diseases and energy threats. B esides the potential threats, the other factor that calls for sufficient funding of the national defense system is the complexity of the contemporary global security environment.Advertising Looking for research paper on political culture? Let's see if we can help you! Get your first paper with 15% OFF Learn More Its key features include stiff competition for the scarce natural resources, population changes and economic struggles. Additionally, many nations are fighting for not only regional but also global power, a battle that the Americans have to face. The recent advancements in technology also pose a threat to the national security system since a single computer command can cause as much damage as the previous decades armed forces. For effective national security, the Congress has to consider the different parties that should be involved in ensuring national security. This stands as a fundamental aspect in strengthening the national defense capacity. The main areas that have to be addressed keenly are diplomacy, defense, intelligence, strategic communication systems, homeland security and the general economic development of the nation. Coordination of all these areas is essential in providing defense against any form of modern threats. The reduction of the national defense budget may hinder the coordination of various parties responsible for maintaining national security due to the lack of sufficient resources. Consequently, the United States will be vulnerable to the insecurity from both local fugitives and terrorist groups. Research has shown that the in the past, United States always regretted the reduction of the national security budget (for both the Department of Defense and the intelligence community). The lack of huge conflicts that call for strong defensive mechanisms should not be a guide to the reduction of the defense budget. If the government does not invest adequately in building the nation’s defenses, then it might find i tself in the future rebuilding them in case of an attack. As aforementioned, the modern forms of security threats such as the proliferation of nuclear weapons, biological and chemical attacks call for America to build effective defense against them. The effects of the cut to national security The reduction on the amount of money allocated to national defense reduces the capability of maintaining national security, an aspect the U.S cannot afford since other nations are embarking on strengthening their weapons. For instance, China has been able to field diesel submarines, an aircraft carrier, cyber-weapons and a J-20 stealth fighter. It has also build ‘carrier-killers’ and among other missiles, a satellite-killer ballistic missile. China is able to contest the freedom of movement of the Navy in the Western Pacific. The other nations that present a threat to the United States national security are North Korea and Iran due to their involvement in the development of weapons of mass destruction.Advertising We will write a custom research paper sample on How Defense Budget Cuts Are Affecting National Security specifically for you for only $16.05 $11/page Learn More Terrorist groups also present an eminent attack on the Americans. Such groups include the Afghan and Pakistani Taliban, Al-Shabab in Somalia as well as the Al-Qaeda in the Arabian Peninsula (Boot 17). These terrorist groups threaten not only the American interests abroad but also the American homeland. For instance, Pakistan’s Taliban recently sponsored an attempt of a terrorist attack to set off a car bomb in Times Square. Additionally, another terrorist group (AQAP) attempted to mail parcel bombs into the U.S soil. The fact that the American military forces are unable to ascertain the safety of the U.S navy base in Guam, Okinawa and other places shows that the national defense requires more resources. The cut on the defense budget not only threatens the maintenance of the American military power but also narrows its chances of expansion an aspect that threatens the ability of the national defense forces to provide security to the U.S citizens. The American Navy is one of the most important military instruments in the nation. Most of the times, its operations are based many miles from U.S shores and it does not require any authorization from other sovereign nations to do so an aspect that extends the defense perimeter of the U.S Homeland security. This gives it the ability to perform some of the roles of Homeland security boosting the national security. It is able to perform surveillance of both airborne and seaborne threats besides gathering information for security purposes. It is also able to disrupt terrorist attacks ashore since there is a decrease in the acceptance of U.S troops stationing abroad. The navy plays other important roles as far as national security is concerned. It provides for modulated military response, effecti ve conventional deterrent and bolsters critical security balances (McGrath 50). It provides America’s survivable nuclear deterrent besides fostering defense, diplomacy and development. However, the Navy is currently facing some threats. Certain nations e.g. China have heavily invested in the development of a series of networked and technologically advanced weapons and sensors with the aim of denying the United states’ naval forces the freedom of maneuver, which is the primary source of the U.S sea power. The military drawdowns over the past four decades led to a 33% reduction of the resources of the Department of the Navy. This includes 18% reduction of its work force and a similar reduction of its battle force. It is evident that the naval force is already strained. Therefore, any further cuts that affect the availability of resources will be affecting a force that has already grown smaller and worn out due to its participation in wars in the past. The result would be the inability of the navy to not only maintain but also to gain sea control, which is currently threatened, posing a threat to national security.Advertising Looking for research paper on political culture? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is evident that the cut of the defense budget will reduce the number of personnel in the various bodies that deal with the maintenance of national security. Some of the cuts such as the reduction in the number of F-22 fighters, missile defense interceptors, navy cruisers, strategic delivery systems and missile-defense interceptors are detrimental to the integrity of the national defense forces. Rumsfeld notes that such reductions â€Å"leave America ill-prepared for a conventional conflict and erode the strong deterrent necessary to prevent it† (5). There will also be a reduction of the number of the Federal Bureau of Investigation agents, correctional officers, federal prosecutors as well as the Customs and Border Patrol/protection agents. According to Fields and Block, customs and border protection personnel constitute a relatively large proportion of the homeland security-more than a third (15). Their role being the inspection of every person and product that enters the U.S, the cut will increase the polarity of the U.S borders due to lack of sufficient personnel. The cut will also occur in the Federal Aviation Administration lowering the body’s ability to carry out its duties i.e. to manage and oversee the nation’s airspace. Its ability to control air traffic will also be impaired paving way for space attacks. The agricultural sector’s ability to inspect all the food-processing plants will be undermined. As a result, the safety of the food products available in the American market might be jeopardized due to the processor’s deliberate failure to meet all the food production standards. This poses a threat to the health of the people. The cut on the defense budget will affect the operations of the National Security Space Architect (NSSA). NSSA was established to enhance the co-operation of the DoD and the intelligence community. It develops, coordinates and integrates the space system architectures of the two bodies for the provision of better defense. Ferell stated that the NSSA is embarking on a comprehensive plan for enhancing national security that projects the space and programmatic needs of the two bodies (5). He added that the project would need some assets that are necessary for the acceleration of the certain technologies that may not be available with the resources that are at their disposal. Lack of sufficient funds will slow down or even sabotage the acquisition of the technologies, which renders the U.S defenseless. The proponents of the cut on the defense budget argue that the amount spend on the U.S armed forces undermine the economic development of the nation which is the backbone of national security. Research has shown that currently the national defense spending, which also includes all supplemental appropriations, accounts for less than 5% of the GDP and less than 25% of the federal budget. Compared to the national defense expenditure of most of the last century, the current exp enditure is low implying that the budget does not need to be cut-it is eminently affordable. Following the report of the bipartisan Quadrennial Defense Review Independent Panel chaired by Stephen Hadley and William Perry, to achieve full military ability for national security, the U.S needs to increase the budgetary allocation for defense. The panel found out that there â€Å"is a growing gap between our interests and our military capability to protect those interests in the face of a complex and challenging security environment† (Boot 18). The reduction of the national defense budget implies that the nation will not be able to achieve all its interests as far as national security is concerned which may instill fear in the citizens. The defense budget cut will have a negative impact on the already strained military health care. It will lead to the provision of poor medical services to the military personnel lowering their productivity. Consequently, the efficiency of the mili tary in providing national security will decline which is a great risk to the American community. The effect will not only be felt within the military but also to all the civil servants whose sole duty is to ensure the security of the nation. The nation will become vulnerable to foreign pressures. The United States may not be able to defend itself against rogue states such as Iran without a fully developed missile defense system. The system is expected to be operational in 2018 (Armellini 1). The defense budget cuts may slow the process of developing such an important defense tool rendering the nation unable to protect itself effectively from missile attacks from not only rogue nations but also terrorist groups. Additionally, the United States government needs to increase the availability of the number of unmanned drones and more forms of spy plane technology to enhance national security. The lack of enough funds for such technologies would increase the number of security threats du e to missile and other airspace attacks. The armed forces would not be able to defend the nation effectively in such attacks. Owing to the global technological advancement in the development of weapons, the United States requires a continual upgrade of their technologies, which may not be possible due to lack of resources. In such an instance, the national defense system will not be able to protect the nation against attacks in the near future. Since 1990, the force has exhibited a declining trend. For instance, during that time, the navy had 546 ships and this figure has reduced to 288. The army currently has 45 brigades as compared to 76 brigades in 1990. Research has also shown that the air force had twice as many fighter squadrons and bombers as there are today (Merklinghaus 17). The armed forces need to recruit more personnel since it is ageing with time. If the cuts of the national defense budget push through, the United States will end up in an unbalanced defense force that i s not modernized which may affect the lives of many Americans. Conclusion The defense budget cut will impair the efficiency of the bodies responsible for the maintenance of national security. The cut hinders the development of technologically advanced weapons rendering the nation defenseless. The lack of sufficient funds will result into the provision of poor healthcare services to the armed forces lowering their ability to defend the nation against attacks. The cut will force the National Security Council to down size on its personnel, which is detrimental to national security especially due to the increased polarity at the borders. The decrease of the strength of the United States defense forces will render the nation vulnerable to the attacks of terrorist groups such as the Al-Qaeda and the Pakistani Taliban among others. Other nations such as Japan, North Korea and China are heavily investing in advancing their weapons. The defense budget cuts will pave way for these nations to overpower the U.S, which is a threat to the nation. Politically, the 2012 general elections will determine the fate of national defense depending on the elected president since the candidates hold different opinions concerning the national defense budget. Works Cited Armellini, Mark. â€Å"Roundup: Dramatic US Defense Cuts on the Way, Panneta Warns NATO.† McClatchy-Tribune Business News, 1.3 (2011): 1-6. Print Boot, Max. â€Å"Slashing American Defense: A Suicidal Trajectory.† Commentary, 133.1 (2012): 14-19. Print. Brook, Douglas. â€Å"Budgeting for National Security: A Whole of Government Perspective.† A Journal of Public Budgeting, Accounting and Financial Management,4.1 (2012): 32-57. Print. Ferell, Stephen. â€Å"NSSA Eyes National Security Plan to Outline Future Budget Needs.†Ã‚  Defense Daily International, 3.12 (2002): 1-5. Print Fields, Gary, and Block, Robert. â€Å"Homeland Security Freezes Hiring; Potential Budget Shortfall of $1.2 Billion i s Affecting two Big Front-line Units.† Wall Street Journal, 4 (2004): 15-16. Print. McGrath, Bryan. â€Å"The necessity of Dominant American Sea Power.† U.S Naval Institute  Proceedings 137.1 (2011): 48-53. Print. Merklinghaus, Dennis. â€Å"Are the Cuts to the Defense Budget Necessary?† News Digital  Weekly, 3.44 (2011): 17. Print. Rumsfeld, Donald. â€Å"The Peril of Deep Defense Cuts; Our country has taken an axe to the national security budget after every war of the 20th century. And every time we later regretted it.† Wall Street Journal, 21 (2011): 5-11. Print. Wilkerson, Chad, and Williams, Megan. â€Å"How is the Rise in National Defense Affecting the Tenth District Economy.† Economy Review, 2 (2008): 49-80. Print. This research paper on How Defense Budget Cuts Are Affecting National Security was written and submitted by user Semaj Lawrence to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Monday, November 25, 2019

The Guide on Writing the Medicine Research Paper That Helps You Out

The Guide on Writing the Medicine Research Paper That Helps You Out The research paper is a specific kind of text that includes references to scientific studies with reliable sources. It is very important to use credible information to prove and strengthen all the arguments in the paper. Nowadays, there are a lot of academic papers which are in great demand in the sphere because of their perfect organizational and functional structure. In fact, a medical research paper requires a considerable knowledge of medicine and all the aspects related to the subject. Besides, the results of a certain medicine paper are concentrated on improving and expansion of actual goals that have already been achieved. This complete medicine research paper writing guide will help you to achieve great results in writing a medical research paper. Just follow all the recommendations and enjoy the writing process in full. 10 Writing Tips That Work for Research Papers in Medicine When Our Writers Prepare Them Correct title. The title should attract the attention of a reader and inspire to read the whole text. It should be interesting, understandable, informative, and organized in an appropriate way. According to the title, the reader determines whether one should read the research paper and whether one will get useful or important information from it. Introduction keeps the readers attention and facilitates the continuation of reading. There is no doubt that it must contain information about the main idea of the whole paper and a brief statement of its content. Thesis statement. There should be a statement of the whole text of the medical research paper or some details that are potentially interesting to the reader. When writing the main text, one should strictly adhere to the topic and its main principles: Conciseness; Literacy; Reasoning. The medicine research paper must be written in simple sentences using medicine terms. Therefore, the provided information will be appropriate for understanding or memorization. The logical separation of the main ideas. The text must be divided into logically complete paragraphs. There should be no more than 5-10 sentences in one paragraph for easy reading. Plan. To follow the topic, it is necessary to use a plan listing two or three convincing arguments for the main part and a few phrases for a convincing conclusion. Logical sequence of paragraphs. It is important to move from one paragraph to another smoothly without losing a basic idea. The writer must keep in mind the accents that draw attention to the necessary moments. When writing the medicine research paper, the student should adhere to the required language and style avoiding slang and jargon lexis. In contrast, the writer must avoid words that may not be clear to the reader when text is outlined. The text must be checked not only for spelling and punctuation errors but also for the vitally important terms regarding the medicine notions and processes. The conclusion of the paper should be logical and must contain the key positions of the medical research paper. How to Choose a Topic for a Medicine Research Paper? When choosing a topic for the research paper, it is worth taking into account the interests, views, and own preferences. It is quite evident that it would be difficult and even impossible to make a medicine research paper valuable without a competent writer who would contribute a lot to this kind of work. Hence, as a researcher, you should be deeply interested in the chosen topic. It would give an opportunity to find more credible information. Besides, you should analyze the results of a careful investigation as well as the consequences of the research. It will help to make the paper more accurate because there would be personal reflections and opinions concerning the topic. After all, the topic of the medicine research paper is something that must come from the heart of the individual. The student can discuss the topic with the professor during the preparation stage and elaborate priceless thoughts and pieces of advice, which would help to make the paper perfect. All in all, the experienced person is worth trusting, and it would not be a mistake to contact a mentor to make some improvements. There are some suitable topics for a medicine research paper: The Role Of Antibiotics in Human Life; Child Obesity in Modern Society; The Importance of the Placebo Effect; Disorders Connected with Poor Sleep; Drugs and Their Impact on Peoples Lives; The Study of Genetic Disease; Homeopathic Medicines and Their Benefits; The Percentage of Autistic Children among Modern Teenagers. Non-deliberate topics are: The History of Medicine; Vaccination; Cancer Research; The Treatment of Virus Infections. Creating an Outline for Your Medicine Research Paper Unfortunately, many difficulties occur while writing this certain paper, especially when it includes experimental medicine studies. The outline help reasonably to organize the whole paper, and it would be definitely clear to analyze the medicine research paper where all the needed information is written in the outline. The outline of your research paper in Medicine must include: Paper title; Thesis statement; Major research ideas indicated by Roman numerals (I, II, III, IV, V, etc.) or capital Arabic numerals (1, 2, 3, 4, 5, etc.); Supporting points indicated by capital letters (A, B, C, D, E, etc.) It is time to have a look at your research paper in details, which should be in your outline, to understand what your paper will bring to the field of study. Sources for Your Research Paper in Medicine When conducting research, students must devote significant attention to the sources. It goes without saying that they must be credible, reliable, and adequate. Moreover, the person must check all the information thoroughly in order to demonstrate one’s knowledge brilliantly. Nowadays, the majority of teachers and professors encourage their students to use books, textbooks, and different medical journals, which can be easily found online or in the library of the university. In fact, it is comfortable to have such an opportunity, but there is still a part of students who are used to finding the needed information in their own ways. You certainly know that the Internet is rich in various sources but not all of them tell the correct facts and ideas. In practice, it is difficult enough to distinguish the trustful. Consequently, it is better to be aware of any good ways of choosing the needed knowledge before taking a topic of medical research into work. How to Cite Sources Properly in a Medicine Research Paper? After choosing the needed sources, one can face the troubles with citing them. However, this site is one of the most simple and useful for it. The student can easy revise one’s citing skills or even learn how to cite sources in a proper way. As a rule, professors require the researchers in different format styles, but the most widespread are MLA, APA, Chicago. The paper must also contain the appropriate citation due to the required writing format. List of suitable sources for the research paper in Medicine: Principles and Practice of Clinical Research. Elsevier/Academic Press, 2018. Rich, Mari. Medicine. Mason Crest, 2017. Shiralkar, Uttam, Ms, Frcs, Mrcpsych (Worcester Health And. Surgeon, Heal Thyself Optimising Surgical Performance by Managing Stress. Taylor Francis Inc, 2017. Stenhouse, Louise. Anatomy. Mosby Elsevier, 2015. Solomon, Eldra Pearl. Introduction to Human Anatomy and Physiology. Saunders/Elsevier, 2016. The Structure of a Good Research Paper in Medicine When writing the medicine research paper, it must include the information about its purpose. At the end of this section, it is necessary to clearly formulate its hypothesis, research data, and their methods, as well as the list of abbreviations used and the entire list of parameters applied in the paper. When writing the section Introduction, the student must follow ‘from general information to a specific detail’ principle, to bring the reader to the next direct solving- the purpose of research, creating a broad picture of the problem. In the ‘Materials and Methods’ section, it is necessary to explain the process of an experiment in a chronological and clear way so that readers could evaluate the results of medical research, and recreate the experiment to check the reliability of its results. Besides, students must try to maintain a balance between brevity (one cannot describe every movement of the scientist in the experiment, but can refer to the necessary broad description of operations in a different source) and exhaustion (key details of the experiment should be given with sufficient diligence). In the description of the experiment, the relation is conducted in a third person way. Some common statistical methods of providing research are given in the section without comments. Advanced or unusual statistical methods require a link to a more exhaustive description in the literature. It does not recommend to mix the chronology of the experiment and its results by keeping the logical sequence of material presentation not to be distracted by strangers data. The section Results and Discussion aims at highlighting the student’s generalization and thoughts on the main idea of the medicine research paper, explaining the essence of the achieved results, as well suggestions for the further research. In the text, the article should not describe in detail the concepts, methodologies, terms, which are commonly known in the specific medicine industry. Reference should be made to all information that does not belong to the student personally. Logically, the section is combined with the introduction and explains how the research findings confirm the positive results of the basic scientific hypothesis testing. The discussion is considered to be the most important element of scientific research. Specific results should be precisely combined with the answers to specific research questions. For instance, the question of the scientific hypothesis of the author in the introduction must be verified in the end regardless of how much of the results r eliably confirmed it. To construct an interesting discussion, a writer must evaluate the contradictions of some of the received goals. The student can find results and figure out any unexpectedly-invented achievements. What is more, it is better to start the paragraph with the fact of obtaining an unexpected result. An artificial limitation and the weakness of the author statement when discussing the results lead to the uncertainty of their significance and the overall reliability of the proposed materials. The medicine research paper involves the usage of tables and figures with the outcomes of the research. Of course, they are intended to inform the reader about the achieved results. It is necessary to determine which of the questions must be addressed and discussed before the formation of tables and figures. The used sources should correspond to the data in the table or figure. Also, a writer must limit the number of tables and figures to the themes that will directly provide the necessary information. These tables should not duplicate the data already given in the text. The student has to include the results that are important for the entry issues and independently decide whether they confirm the reliability of the discussed hypothesis. Text must strictly adhere to the order of the numbering of the tables and figures. They are usually placed on individual pages followed by citation links. Actually, tables can be used to synthesize extensive numerical and also literary data. The â€Å"Conclusion’ section plays a significant part in a medical research paper. Its central part must summarize the described information and confirm the thesis. Strong arguments are the key elements, which would help the student to organize successful medical research. They must be listed in conclusion. The competent approach towards writing the paper would help to create the respected research. In general, the conclusion should be based on the achieved results from the described study. Also, the writer must include all methods, elements, and aspects, which were used during the study. It is necessary to remember to summarize everything logically and in the correct order. Additionally, the medicine research paper would definitely have many professional terms, which must be necessarily explained properly. It is recommended to devote the separate space for giving the definition for each of them. This would give a chance for all readers to understand the whole information and the principles of the research correctly. Editing the Medicine Research Paper Correctly: The student should revise the whole paper thoroughly in order to ensure that everything is written in a logical way with no mistakes; He or she must proofread the information to exclude the grammar and spelling errors; The student should pay significant attention to the terminology, read each definition to understand that all of them were explained correctly. It is a responsible enough task because the topic concerns medicine and many people can absorb the provided knowledge. Checking the Research Paper for Plagiarism Plagiarism is one of the most serious threat to get a worthy mark. The medicine research would count a lot of terms, and, therefore, students must take care of this issue and properly write their research paper with correct citation. Nowadays, there are plenty of free plagiarism checkers where students can revise their academic papers. Now you’re equipped enough to create a masterpiece in Medicine. It will be your research paper if you follow all the medicine research paper writing tips mentioned in this guide. Don’t hesitate to show your knowledge in practice!

Thursday, November 21, 2019

Human Resources Management in the Asia Pacific Essay

Human Resources Management in the Asia Pacific - Essay Example The region has, in fact, emerged as the world's largest consumer market" (Budhwar 2004). The enormous investment and business opportunities offered by Asia-Pacific to foreign entities have always been there. But the generally enigmatic character of this combined market initially discouraged many. MNCs, for example, used to find the Japanese market inhospitable, even impenetrable. As for China, the previous attitude of Saudi Arabia towards that country tells the whole story. Until the 1980s, observed the Brooking Institution in Washington, Saudi Arabia was unwilling to sell oil to China because of perceptions that it was a godless, revolutionary threat. Now, foreign investors and MNCs tread into the markets of all the Asia-Pacific countries on a welcome mat, such that the region has outflanked even EU as host to the most number of MNCs. But it would seem that MNCs have to sweat it out first to make their standard management and employment practices work in this region of widely divergent cultures. "The subject matter of our project is that international organizations are faced with the problem of providing people from differing cultural contexts with a working framework that enables successful co-operation. On the basis of original research, our intention is to extend the knowledge of the internal and external relationships of work groups in various cultural contexts. As co-operation processes play a central role in teams we focus on processes centred on co-operation in and between groups with teams understood as social systems which define themselves in relation to their organizational and social surroundings"(Brewster, Harris, 279: 1999). To understand the challenges inherent in this task, it would be helpful to take up a hypothetical case, say, a consultant assigned by an Australian-based MNC to prepare the ground for the company's foray into a joint venture with an Asia-Pacific market. The first thing to consider is that there is no existing HRM literature here, such that the concept may be new or non-existent in some regions. If these materials are available at all, companies in a particular country may be using different HRM systems. Thus, it is imperative that the MNC consultant develops a new HRM framework that factors in the employment systems being observed by the local company it intends to partner with. The management practices employed by both managers and non-management labour must be fused into this framework. For the purpose of our hypothesis, we pick China as target destination of the Australian MNC since this market exhibits many of the peculiarities of the Asia-Pacific economies. Like many countries in the region, China has responded to the clarion call for globalization by switching to a market economy. This called for the dismantling of state apparatus that planned and controlled the economy, which gave rise to such anomalies as high employment rates but low wages, high welfare and low productivity.  Ã‚  

Wednesday, November 20, 2019

The Ideal Classroom and School Assignment Example | Topics and Well Written Essays - 3500 words

The Ideal Classroom and School - Assignment Example This essay describes the role of education and how it can be assisted by the ideal classroom and school, ultimately concluding that such concepts are tied into present culture and needs and so should remain flexible. Ultimately, the construction of any ideal is dependent upon perspective and the ability to meet the needs of one's learners. It is therefore imperative that ideals are not copied from one place to another, but that each educator seeks their own answers. Many of the more pragmatic suggestions for creating an ideal classroom in research literature relate to secondary education, but interestingly the two projects currently attempting to construct an ideal classroom are focussing on the primary age range. With the practicalities of constructing an ideal classroom at an early stage in academic literature, a more philosophical approach is taken in this essay. From this perspective, practical ideas are discussed in terms of why they are thought to be ideal. As the notion of an ideal classroom is as much a theoretical as a practical concern, I do not judge the existing literature to be lacking as empirical research into an ideal classroom would be heavily dependent upon its culture and context, arguably suffering from a lack of generalisability from its very nature. The broader role of education discussed by Wragg in Moon et al. ... The broader role of education discussed by Wragg in Moon et al. (2002) includes flexibility, that the aim is simply to meet students' needs. While this slightly dodges a question by posing another question (e.g. who determines and limits the needs), the intent suggests that the concept of 'ideal' has to be a fluid one. An ideal classroom now may not be one in 20 years, nor is the ideal classroom for a London school necessarily ideal for a similar school in Hull. The concept of an ideal classroom and school may be culture bound as much as it is resource driven, so it is necessarily to strictly define for what purpose the classroom is 'ideal'. As with Moon et al. (ibid), this poses the question "ideal for what" To argue that education has changed so little over millennia suggests comparison to another field where little has changed, namely philosophy. Philosophy has value to society for its questions rather than its answers, and I would argue that education is very much the same. It is so much a part of our human and social condition that each generation must ask itself the same questions even if the answers are only temporary. If philosophy is the question of who we are, education represents who we want to be. In the thousands of years of human education, classrooms and schools are a relatively recent innovation. They arguably account for a small proportion of what is learnt through a lifetime, for example Moon argues that the challenge for formal teaching is how to transpose the extraordinary human capacity for learning, particularly in the young, to those artificial worlds we have created in schools and classrooms. (Moon et al., 2002 p.3) McIntyre illustrates this point by stressing that the "concept of teaching has no

Monday, November 18, 2019

Unemployment and Government Intervention Strategies Research Paper

Unemployment and Government Intervention Strategies - Research Paper Example Unemployment and Government Intervention Strategies The report reveals that unemployment rate rose to 8.4 %. This is the highest unemployment rate captured since the year 1996. The report further indicates that the statistics of citizens without employment hit a record of 2.67 million in the period between November and January. This increase by 28,000 unemployment numbers was recorded in October in 2011. Moreover, this report shows that unemployment figures in the year 2011 was higher by 148,000 as compared to the year 2010. There were also noticeable differences in unemployment figures between men and women. The number of jobless men was 1.54 between November and January. That of women without employment was 1.13 million in the three months period. According to the Office of National Statistics, the number of people claiming Jobseekers Allowance in December 2011 hit a 1.6 million. This number marked an increment of 1,200 from the unemployment Data collected in October. The report asserts that the number of young people aged 16-24 and seeking employment increased to a new record of 1.043 million. With greater numbers of employees, lay-offs in the banks, public sector, and private sector the unemployment situation in UK may aggravate. This is a matter of urgency concern and the governments in UK should take sound interventions to curb it. Persistently, high unemployment creates huge costs for individuals and the economy of a nation as a whole. Some of costs are difficulty to value and measure, especially the long-term social costs. The economy as a whole suffers because national product falls as a direct consequence of the inability of the market to equalize the marginal products of equally productive labor. Unemployment presents a waste in national scarce resource. The economic output could be higher if the unemployed are at work. It leads to poverty for those people without an employment. Therefore, unemployment is an indicator of nation’s poor economic performance (McEachem, 2011). Unemployment has both private and social cost. To start with, it is a source of stress and ill health to many people. Without a stable income, individuals cannot afford basic health care. This means that an individual cannot get better medical treatment. This results to lower life expectances. Individuals die either out of disease complication or out of incapability to afford proper diet. Second, unemployment destabilizes the living standards of individual. Jobless individuals cannot cater for the basic needs of their families. Inability to provide for the family may lead to homelessness, misunderstanding, divorce, and indebtedness (McEachem, 2011). Third, joblessness leads to loss of skills necessary for individual development. Individuals who stay away from work environment do not have an opportunity to hone their skills to respond to the current labor demand. The prowesses of unemployed individuals lose applicability due to changing trends in the labor market (Kitson, 2010). This in turn can lead to skepticism and pessimism about the true meaning and value of education. This can change individuals to have a narrow focus on education and training. It therefore means that an individual will be less willing to invest in the education system of a nation. The quality of education will dwindle robbing the count ry its potential human resource. Fourth, the

Friday, November 15, 2019

Physical, Social and Emotional Development of Toddlers

Physical, Social and Emotional Development of Toddlers EVERTHING YOU NEEDED TO KNOW ABOUT TODDLERS PLANNING FOR PARENTING A parenting plan is an arrangement in advance for an unborn baby. The Parenting plan includes time each parent will spend with their baby. The Parenting plan also about the major life decisions such as Education, Health, Safety etc. The parenting plan should be created so that child lives his/her life in a way they want to live. The Child’s needs come first so make sure that your planning plan includes everything a child need before u buy anything for yourself. The parenting planning should include how would you treat your baby and how would you take care of the baby. The parenting plan should include that the baby. The parenting plan should also include exploring the world with your child and telling them everything they ask. The plan could also make sure that if parents separated one of the parents should accept the kid. Develop a plan for their reproductive life. A pregnant woman should intake folic acid at least 400 micrograms. A pregnant woman should check her immunizatio n record for safety of the baby and does not have any medical issues or any other family health history. A woman should be able to cope with her depression and anxiety as it can affect the health of the baby. IMPORTANCE OF HEALTHY PREGNANCY: Health plays major role in pregnancy. A pregnant woman good health’s mean her baby has good health. Women who concentrate more on her eating diets and health would have fewer difficulties during pregnancy and will give birth to a well-developed baby. Alcohol consumption and Smoking should be prohibited as this would affect the baby and could lead to miscarriage. A woman should avoid seafood or any refrigerated meat as it some sea food has mercury in it and could harm the baby. But some fishes like tuna, shrimps can be eaten 6 ounces per week. TODDLER Physical development is a type of development where a child develops by interacting with the world. Physical development includes a toddler growth and ability to use those physical skills. Gross motor development and Fine Motor skills: Gross motor development is a child using the entire body or several parts of the body at one time. Activities like crawling, running and walking are all part of Gross motor development. Fine motor skills involve the coordination and control of small muscles, and skills like holding a rattle, picking up crumbs and scribbling with a pencil. Some areas to look when developing gross motor development and fine motor skills. Muscle tone: A toddler should have a firm control on what he holds on. Muscle strength: A toddler is muscle strength is described by the weight he can pick up. Quality of movements: A toddler would have fast body movements or slow body movement depending upon their body growth Physical development by age one A toddler can stand and sit without support and can control his legs and hands. Physical development by age two A toddler now can run and go up and down the stairs. He would use spoon and fork to eat his meal which shows his/her table manners. A toddler will attempt to dress and have a bladder control. He can kick a ball and can build six blocks of tower. Physical development by age three A toddler can run well and can stand on one foot. A toddler can button and unbutton his/her shirts and can put on his/her own shoes and socks; may not be able to tie shoe laces. INTELLECTUAL DEVELOPMENT Intellectual development is defined as a child’s ability and thinking to explore the world. Toddlers continue to develop their intellectual skills by learning new skills, understanding of certain events and current events and have a certain increase in memory. Toddler now can explain their experiences and their dreams. It is the construction of thought processes, including remembering, problem solving, and decision-making. In childhood, it’s important to develop cognitive skills in a child so he can face problems on his own when he grows up. Intellectual development by age one A parent should use simple gestures to communicate with the toddler at this age. A toddler explores things with shaking, banging and throwing. Intellectual development by age two Toddler now can be able to point what he/she wants and can understand instructions given from their parent A toddler remembers names of familiar people. A toddler can find a hidden object under 2 or 3 covers. Intellectual development by age three A toddler can sort color and shape independently. A toddler can play simple pretend games and can complete a 3-4 pieces of puzzle. A toddler can follow up to 2 instructions at one time like open the jar and take one cookie. EMOTIONAL DEVELOPMENT Emotional development is the growth of child’s emotions, experience, expression and understanding. It is important for parents to accept that their actions and behaviour has a lot of influence on a toddler’s child development. Emotional development by age one A toddler would be shy or afraid with strangers and would show fear in some situations. A toddler shows love and affection to familiar people and would have temper tantrums like screaming, crying and whining. Emotional development by age two A toddler would recognize herself in a photograph or in a mirror. Emotional development by age three A toddler now under SOCIAL DEVELOPMENT PARENTS AND CAREGIVERS CAN DO TO PROMOTE DEVELOPMENT Multiple Ways Parents can boost physical development t in toddlers are: A parent should participate or play with their child for at least 60 to 90 minutes to increase the physical growth of a child. Parents should not let his/her child to spend most of his time on electronic devices. Parents should try to play interesting games with their kid so it could help their bones and maintain a healthy weight. Multiple Ways parents can boost intellectual development in toddlers are: A parent should play games like board games and hide and seek and should help them to identify objects, shapes and colours to increase thinking skills and creativity. LITERARY AND READING TO CHILDREN The development of literacy skill is an important part of a toddler’s life. It helps in other vital skills like socialization, management and working independently. A child should have strong literary development to read, understand, write and speak. It’s important for a toddler to read as it would develop a strong base for literacy skill. A toddler can identify pictures and objects in a book and can talk about them. A toddler knows shapes, knows how words can rhyme and names of familiar people. A toddler should be able to read his books as reading increases thinking and problem solving skills. Multiple Ways parent can boost literary skills are: A parent should read with his toddler and help them understand the book and teach them new words. A parent should ask the toddlers about the picture in the book and talk about it. Talk about your child’s feelings and emotions and try to tell your feelings to them so they can understand. Talk about each other’s day and tell the toddler about your family stories. FOOD CHOICES SAFETY ISSUES AND CONCERNS A toddler’s safety is a parent’s responsibility. Toddlers are too young to understand or learn about safety. They need a safe environment to develop and explore the world. Ways to prevent injuries to your toddlers: Have a first aid in your house so that if a child has a minor fall down, you can treat him. http://www.cyh.com/HealthTopics/HealthTopicDetails.aspx?p=114id=1996np=305 http://raisingchildren.net.au/articles/developing_literacy.html#reading http://www.friendshipcircle.org/blog/2014/06/09/10-ways-to-promote-your-childs-cognitive-development/ http://www.healthline.com/health/pregnancy/healthy-pregnancy#Health1 http://kidztrainer.com/wallpapers/Cute-children-room-design-inspiration-vertbaudet-kid-bedroom#sthash.jrluZSvG.dpbs http://www.kidspot.com.au/discoverycentre/Development-Development-Physical-development-in-babies-and-children+5367+553+article.htm

Wednesday, November 13, 2019

Man + Woman = Family :: same sex marriage, argument

Man + Woman = Family   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"The Catholic bishops of Alaska have urged their people to approve a state  Ã‚  Ã‚  Ã‚  Ã‚   constitutional amendment declaring that a valid marriage may exist between one man and one woman.† A decision made last February by Supreme Court Judge Peter Michalski opened the door to change the nature of marriage. It dismisses male and female sexuality as an important role in marriage. It eliminates the possibility of the procreation of children. It changes also the meaning of family (National Catholic Reporter, 1998). If same-sex marriages are legalized, we will soon forget what a real family should consist of†¦.   Ã‚  Ã‚  Ã‚  Ã‚  It is very important to realize the importance of a man and a woman’s sexuality when in wedlock. When God created man and woman, he made a special contour of the two bodies to come together and interlock in a comfortable position. When the opposites do come together a child is soon after born. This is not possible with two of the same sex.   Ã‚  Ã‚  Ã‚  Ã‚  To have a child come into the world is one of the greatest things in life. When two people share equally, this phenomenon of childbirth, it naturally bonds a husband and wife together forever. If you married the same sex and adopted a child you would never experience that type of a bond.   Ã‚  Ã‚  Ã‚  Ã‚  Since the beginning of time a family tree has had a man and a woman resting at the peak. Sexual relations between a man and a woman will keep the tree full of branches for many years to come. When the same sex get married it will eliminate the growth of new branches. Eventually, the roots will be gone and the tree will die. Fortunately for me, my family tree is full of strong branches, and it gets bigger and bigger each year.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  In my short time on this Earth, I have found out why it is important for a man and a woman to be united as one. There are a lot of differences between the two sexes. In a same-sex marriage, the opportunity to enjoy those differences will cease to exist. I know this because I am married to the opposite sex myself. Together we have found out just how different a man and a woman really are.

Monday, November 11, 2019

Is Macbeth a machiavellian character? Essay

† †¦for how we live is so far removed from how we ought to live, that he who abandons what is done for what ought to be done, will rather learn to bring about his own ruin than his preservation†.(Machiavelli 12) This is a quote from Machiavelli’s â€Å"The Prince†. This is only one belief of Machiavelli, which, many great leaders have been known to use. Have you ever thought about a leader that possessed these qualities that was from a play? Shakespeare’s character Macbeth represents the Machiavellian idea that a ruler should appear well in public, be smart and strong, and do what is necessary to hold onto power. Shakespeare used imagery, and metaphors to portray Macbeth this way because, although he dies in the end, Macbeth still used Machiavelli’s ideals, and was successful in many ways. Both Machiavelli and Shakespeare knew that it matters how a leader portrays himself to the public. Machiavelli thought that it was important for a leader to appear to be good in public, and hide his bad qualities from his people. â€Å"†¦he should seem to be all mercy, faith, integrity, humanity, and religion†¦.Everybody sees what you appear to be, few feel what you are, and those few will not dare oppose themselves to the many†¦Ã¢â‚¬ . (Machiavelli 15) Machiavelli used diction to portray what a leader should be like in the old ages, such as; having mercy, faith, and religion. He also says that you should at least pretend to show some of these qualities to your people. As Machiavelli writes, Macbeth talks about hiding his dark self to the world. â€Å"MACBETH [aside]: The Prince of Cumberland-that is a step/ On which I  must fall down or else o’erleap/ For in my way it lies. Stars hide your fires / Let not light see my black and deep desires/ The eye wink at the hand; yet be/ Which the eye fears, when it is don’t to see†. (1.4 49-54) Like Machiavelli’s idea to hide your dishonest self, Macbeth reassures himself to do so. Macbeth’s use of metaphors such as light versus dark, emphasized good versus bad. Macbeth clearly states that he has an immoral side that he is trying to hide form everyone else, and in doing so he believes he will gain more power, and the trust of his people. wrote to get the attention to people, and they both knew the importance of how a leader  should act. Both Machiavelli and Shakespeare knew that rulers need to be able to do whatever is necessary to benefit himself, or the state. Machiavelli also believed that a ruler must do whatever is necessary, good or bad to benefit himself or his state; â€Å"†¦but you must have the mind so disposed that when it is needful to be otherwise you may be able to change to the opposite qualities†¦.And therefore, he must have a mind disposed to adapt itself according to the wind, and as the variations of fortune dictate and, as I said before, not deviate from what is good, if possible but able to do evil if constrained†. (Machiavelli 15) Machiavelli’s ideal pertains to this example of Macbeth doing what he needs to do in order to gain power for himself, by the murder of King Duncan. â€Å"MACBETH I go, and it is done. The bell invites me./ Hear it not Duncan, for it is a knell/ That summons thee to heaven or hell†. (2.1 62-64) Machiavelli’s ideal is shown through Macbeth’s thought on his murder of King Duncan. He is using an apostrophe to say to King Duncan that he will not hear the bells because he is dead. He is talking about this because, he knew that he needed to get rid of him, or else he would not have been able to gain power. As this specific incident shows Macbeth is using a Machiavellian ideal to push himself, and his power further. Shakespeare and Machiavelli knew that rulers should have wit and bravery to really have control of their power. Machiavelli believed that a ruler should be smart, sly, brave, and strong to frighten away those who would challenge his power. â€Å"A prince being thus obliged to know well how to act as a beast must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from the wolves. One must therefore be a fox to recognize traps, and a lion to frighten wolves†. (Machiavelli14) Machiavelli uses imagery/ symbolism to show animals being certain characteristics, the fox being wit and slyness, and the lion strength and bravery. Just as Machiavelli wrote, his rule applies to Macbeth’s character in this quote. â€Å"MACBETH Who can be wise, amazed, temp’rate and furious, / Loyal and neutral in a moment? No man,/ Th’expidition of my violent love/ Outran the pauser reason. Here lay Duncan,/ His silver skin laced with his golden blood,/ And his gashed stabs looked like a breach in nature/ For ruins wasteful entrance; there the murderers,/ Steeped in the colours of their trade, their daggers/ Unmannerly breeched with gore. Who could refrain/ That had a heart to love, and in hat heart/ Courage to make loves known†. (2.3 105-115) As Machiavelli wrote Macbeth is showing this idea. He is using his wit to say he killed to guards out of violent love for the king. This quick witty response not only added to the trust from people around him, but also it stopped the guards from coming back to defend themselves, and challenge Macbeth. Macbeth used imagery of Duncan’s body, which was so perfect and royal lying dead, still looking perfect and regal. Macbeth used this to make it seem that he loved King Duncan so much and he looked up so highly of him, he needed to kill the guards after what he they had done. Both Shakespeare and Machiavelli used imagery to show what a ruler needs in order to hold onto power. Macbeth inhabits many qualities of a Machiavellian ruler, he may not inhabit all, but of the majority he does, because he appears well, he’s smart and brave, and he knows what he needs to do to keep power. Shakespeare used Machiavelli’s beliefs to show what a Machiavellian ruler would be like, but in his case it didn’t turn out successfully for him in the end, because he lost the main idea of Machiavelli’s ideas. This is because Macbeth was able to do cruel things to benefit himself on his way to power, but once he had the power, he lost the main idea of keeping that power, and he went mental. If Macbeth had kept a clear view of exactly what he wanted, and didn’t go a little insane with guilt then he would have been able to avoid the end tragedy of his death. Do you think the play Macbeth would have ended the  same if Macbeth had been able to accept the fact that his cruel deeds were going to further his power and his state?

Friday, November 8, 2019

buy custom The Impacts of World War II in America essay

buy custom The Impacts of World War II in America essay The Great Depression The Great Depression was the deepest and the longest economic slump in the western world. It happened in the decade prior to World War Two. It originated in the United States in 1929 when the stock market crashed and billions of investment vanished. This led to a further demise of many banks after depositors withdrew their money in a state of panic. It is said to be the greatest inflation in the twentieth century. It bought about poverty and unemployment and sharp decrease in production around the world. In Europe, it is believed to have pushed countries like Germany into war after their democratic leaders were overthrown by fascists who came into power riding on the wave of disillusionment occasioned by the Great Depression. Problems that led to the Great Depression The stock market crash of 1929 This is alleged to be one of the major causes of the great depression. On October 29, 1929, a day labeled Black Tuesday; stock prices in the Wall Street in New York plummeted to all new lows. Stock holders lost more than forty billion dollars by the end of the stock decline period. This led to many Americans to cut their spending leading to loss of jobs, especially in the industrial cities. The collapse of banks After the stock market crash of 1929, many investors started shying away from investments; therefore it meant less borrowing hence denying the banking sector a main source of income. The banks started recalling loans in earnest hence many people who had saved with the banks started withdrawing their savings. With this turn of events, banks lacked money to stay afloat hence leading to a wave of bank failures. In the early 1930s, more than seven hundred U.S banks collapsed although the federal government tried to save some. The global economic downturn After the end of the First World War, many European countries were experiencing severe depression with regards to losses incurred during the war. In order for these countries to rebuild, they had borrowed heavily from the United States. Therefore the economic stature of the United States was strongly connected to that of the rest of the world. When the United States started experiencing depression, it started recalling its loans from abroad. The European borrowers were unable to return these loans hence the world experienced a sharp decline in economic fortunes. The decline of purchases across the board With the increasing fear of further economic affliction, populace from all classes of life stopped buying items. This led to a pile up of unused goods leading to a decline in levels of production in various industries. Many of these industries closed down therefore many workers lost their jobs. People who had borrowed loans were unable to repay them and their belongings were repossessed, leading to even less spending and consequently more job losses. The rate of unemployment rose to above 25% in the United States. Deflation When production began to fall, prices all spiraled down. This led to;- Increased difficulty in meeting past debt obligations, which led to foreclosures and further panic. Encouraged people to hold on to their cash therefore less spending (called by Keynes the paradox of thrift) A decline in the prices of assets A fall in industry profits Fear and loss of confidence in investments Distress selling whereby people disposed their assets before they depreciated Inequality in wealth and income Another cause of the depression advanced by two economists William Foster and Waddill Catchings was inequalities of wealth and earnings in the 1920s. They argued that a lot of goods were produced during that period but then many people could not afford these goods. Most of the proceeds from this increased production went to profits and eventually to the stock markets instead of the increase of wages. An increase in wages could have meant greater spending therefore decrease in income disparities. Steps Franklin D. Roosevelt Took to End the Depression During the years after the 1929 Stock crash, the Republican Herbert Hoover administration tried to reassure the nation that the depression would run its cause. It adopted a non interventionists stance in dealing with this turn of events. However, the situation failed to improve and unemployment rose to unprecedented levels. In the 1932 elections, the Hoover administration was bundled out of office and the Democrat Franklin D. Roosevelt became the president on a wave of great hope and overwhelming majority votes. He set about to turn things around by taking action such as; The close of all banks in the United States (called the bank holiday) After Franklin D. Roosevelt was inaugurated into office (on march, 4 1933), he ordered all banks to close for four days, during which time the congress would pass legislation and determine which banks would reopen after this period. This move is viewed to have calmed the situation and stopped the bank runs for a while but in the long run it didnt stop the runaway pessimism in saving and investing with the banks. The beginning of fireside chats President Franklin D. Roosevelt started radio talks to directly address the nation (branded fireside chats) in order to calm peoples nerves and therefore dissuade further bank runs and other distress decisions such as money hoarding. This appeased the citizenry and brought about sanity and the economy outlook improved. Despite this short term measure, the economy further suffered depression in the following years until 1938. The enactment of legislation The Roosevelt administration passed legislation to stabilize production (both in industry and agriculture), create employment and initiate recovery. This was dubbed the new deal by the Roosevelt administration. Institutions and Programs were formed to support the recovery process. Among the major ones were;- -The Works Project Administration, which employed millions of Americans during and after depression -The Tennessee Valley Authority (TVA), which undertook large construction of dams and hydroelectric schemes. These helped control flooding and provided water and electricity in the south. In a bid to streamline the financial system, the Securities Exchange Commission (SEC) was formed to act as a stock market regulator and the Federal Deposit Insurance Corporation (FDIC) was formed to protect depositors assets. The Social Security Act Prior to the depression, the United States didnt have any form of social security Program. In 1935, the congress passed the Social Security Act which established a system that provided old-age pensions for workers, survivors benefits for victims of industrial accidents, unemployment insurance, and aid for defendant mothers and children, the blind and physically disabled. The positives of this act are that it helped Americans to feel more secure. The successes of the New Deal and its Legacies Although the new deal programs helped spur an economic recovery in the short term, all the effort is said to have been reversed by the sharp recession of 1937. Overall, the new deal gave faith and hope to the Americans, in that there government cared for once. The Hoover administration was accused to have left the populace, especially the poor, to their own devices. The Roosevelt administration was seen to confront the inflation. Otherwise, the New Deal changes did not alleviate unemployment nor did it eliminate poverty. It was seen to have just promoted socialism principles of the day. Its legacies were the advent of the national Social Security program and the increased control of the economy by the federal government through State organs such as the Federal Reserve and The Security Exchange Commission. The real economic reprieve came in 1938 at the start of World War Two, where the nited States adopted a state of preparedness and many industries were revived to start armament production. THE IMPACT OF WORLD WAR II IN AMERICA By the end of the First World War, the United States had poised itself to take over the mantle as the worlds next economic power. The great depression followed in the late 1920s delivering a severe blow to the worlds economies. Devastated by this turns of events, many European governments turned to dictatorships in order to gain back control, notably Germany and Italy. This is what is believed to have spurred the start of the Second World War. America was not keen on engaging in World War II. The event that changed that was the attack by the Japanese on Pearl Harbor. In 1939, President Roosevelt stopped the trade of iron and gasoline with Japan and all their assets in the United States were frozen. The Japanese did not take it well especially because they needed it for their war against china. In 1941, they attacked Pearl Harbor killing over 2000 people and severely damaging several battleships. Impacts of World War II in America Despite the America being reluctant to participate in World War II, the war had several impacts to America. Below are some of the positive impacts of World War II era in America and the transformations made during this period. At the start of world war two, the European countries were the ones which fought between each other. It was of the opinion of many Americans that this was a European war, so the United States decided to stay out of it. It instead decided to adopt a state of preparedness in case of an attack on its mainland. Then came the Japanese attack on Pearl Harbor in 1941. The United States realized it could no longer adopt an observers stance. Therefore plans were initiated to enter the war. Initial plans were to go it alone. But then policy makers realized that for the war to be won, an alliance would have to be formed since the greater enemy, which was Germany, was in Europe. It was also easier to form an alliance with France and Britain because of shared ideals like democracy and past historical ties. An alliance would also be more effective due to economies of scale. The United States would also gain a vast market for its military industrial production. It provided money, food, petroleum, t echnology and (in the latter stages of the war) soldiers. It was the great arsenal of democracy to the allied powers, as described by Roosevelt. The allied powers also consisted of the Soviet Union and China, because of the common goal to destroy Nazism, although this two had other agendas of their own, to expand communism. Through this alliance, the allies saw the need for international cooperation, to avert future conflicts of this scale, hence the United Nations was formed after the end of the war, to promote and maintain world peace. The United States physical infrastructure was not directly affected during world war two, since the battleground was in Europe. This ensured the industrial complex remained intact therefore the United States gained the status of the chief supplier of armaments and other war support products to the alliance and thereafter the financier of the reconstruction of western Europe after the war. Hence its economic status grew in leaps and bounds. Unemployment was eliminated and standards of living rose sharply. It can be safely concluded that the United States was the biggest economic beneficiary of world war two. Another impact of World War II was the adoption of dollar as the international currency. The United State's dollars become an international currency after WWII. This was due to the demise of the other major world currencies after the collapse of the European economies. The formation of the International Monetary Fund further set the United States as the chief custodian of the worlds finance. Also, the United States economy gained a lot of human capital. Top scholars like scientists, economists and talented people like Einstein and others mainly from Europe migrated to the United States. This migration had started in the early 1930s after many European governments became totalitarian in nature. The immigrants were escaping political persecution. They brought with them a lot of expertise and knowledge. This helped spur an industrial revolution. It culminated in the formation of the Manhattan project which came up with the atomic bomb. Such technological advancements helped bring the war to a quick end. Notable immigrants were the Jews escaping Nazi Germany. Jews are good in finance and business and they played a major role in economic expansion. They still played a major role today. Rich Jews also financed the war effort. Due to increased economic effort and the expanded economy, labor wages improved leading to improved standards of living. Sectors of the economy like real estate grew tremendously because of new found wealth. Returning war veterans bought houses with the help of policies put in place by the federal government for former servicemen. Labor unions gained a lot of clout since many labor barriers were lowered in order to satisfy labor needs. Women started working in large industrial chains and participated in making aircraft, weapons and other previously manly jobs. In the armed forces, women were enlisted in the Womens Corps. Minority groups such as blacks and Latinos were employed in large numbers in factories and worked along with the whites. However, this arrangement sometimes aroused racial tensions, leading to race riots in overcrowded cities such as Chicago, Harlem and Detroit. Regardless of this setback, this arrangement set a basis for future racial tolerance and integration. The World War II also led to the expansion of employment in America. After the commencement of the state of war preparedness programs, previous high unemployment rates occasioned by the great depression vanished. Labor surplus became labor shortage in a span of less than three years. Groups which were previously locked out of the labor market like housewives and minorities found themselves in huge demand. This phenomenon led to abandonment of peasant farming as many farmers migrated to cities to take up industrial jobs or enlisted for military service. It led to rapid urbanization, which spurred an industrial and technological revolution In addition, the World War II also led to the American mainland experiencing a lot of internal population shifts. This phenomenon occurred mainly due to labor needs realignment. Before the war, north United States was mainly preoccupied with production and finance industries while the south was predominantly occupied with agricultural production. After the start of world war two, and commencement of war preparedness programs, many southerners moved into the northern cities to satisfy increased labor requirements. The northern cities became very congested and house rents very expensive. This also led to culture shifts, especially to southerners because they would now have to work along with blacks. Another population shift was implemented by the federal government, which decided to intern Americans of Japanese descent, when it started an offensive against Japan. This arose out of the belief that the American-Japanese may provide covert information to the imperial Japan army, therefore compromising the homeland security. Many historians claim that these were just unfounded fears. The American-Japanese population was interned in concentration camps often in areas with harsh climates. After the war, many of them decided to go back to Japan. Americans of Italian and German origin living in the American coastal cities were also asked to relocate to the interior, although they were not interned like the Japanese. Impact of World War II on Americas Domestic Front Arsenal of Democracy Arsenal of Democracy was a slogan made famous by President Roosevelt on December 29, 1940 through radio. It originated from Robert Emmet Sherwood who was quoted in the New York Times May 12, 1940 as saying "this country is already, in effect, an arsenal for the democratic Allies." At the time, Germany who had allied with Japan and Italy had occupied much of Europe and was threatening to take over Britain. That day Roosevelt promised the United Kingdom that it would help by giving military supplies, the United States was to stay out of the actual battle. President Roosevelt called Detroit Michigan the great Arsenal of Democracyas the automotive industry which produced armaments during World War II was flourishing. He asked the American to become "the great arsenal oof democracy". He gave a speech that that showed the Americans the situation they were would not favor them if the axis powers won. The speech signified Americas likelihood of entry to World War II despite its inter war United states policy. In the period of 1940-1944, they supplied over $50 billion worth of war materiel to the United Kingdom and its supporters. Impact of the war on business and the federal government, One of the major effects of the war is that it ended the great depression. The great depression started in 1929 and progressed all through during World War 2. It had negatively affected many economies throughout the world. In the United States, 11.5 million Americans were unemployed. President Roosevelt had introduced some economic measures labeled the new deal meant to steady the economy but these measures only managed to slightly improve the economy. Before the war, the national government was not very influential in its citizens economic and social lives. But due to the war effort, the federal government became a major influence in the general populace. The war effort united the people behind their government. It was therefore easier for the government to implement major projects. Of note in this period is that the government was able to increase its tax base from 4 million to 43 million during the period between 1939 and 1945. Although this was less than a half of what was needed to cover the world effort, it was a very significant step towards economic advancement. in order to cover the deficit, the government introduced the war bonds. Americans bought these bonds to the tune of 185 billion dollars, more than what was necessary. The treasury department was also able to contain inflation to very low levels (an average of 3.5%) during the war period. The rate of unemployment decreased sharply during the years between 1941 and 1945. Even women who would have otherwise not have worked gained jobs. This was due to increased defense spending on civilian and military programs. To balance the civilian and military needs during the war, president Roosevelt formed the war production board and the office of war mobilization headed by both civilian leaders (mainly company executives) and military leaders. Although there was a lot of internal wrangling, these agencies managed to successfully coordinate the war effort without hurting the economy. Industrial concerns were fully directed to the production of armaments and other war related products such as food, vehicles and textiles. This positioned the United States strategically as a major world producer. The dollar strengthened against other world currencies and by the end of the war it was the world currency. During that time, many scientists immigrated to the United States. Many industrial developments and inventions were made during that time in a bid to support the wartime effort. Folks from the countryside relocated to the cities in order to satisfy the labor needs occasioned by the heightened war production and also to replace positions left by laborers who had enlisted in the war. Industries such as car manufacturers started producing airplanes and weapons. Labor unions grew both in power and stature. There was major migration to big industrial towns. Men who had been drafted and were working in some of the industries had to be replaced by people from rural areas. They moved in order to provide labor in these industries which were very essential at the time. Most of the African Americans moved from the agricultural field in the south to the large cities. This brought about racial tensions. There were disagreements about jobs and cities feared race riots would happen and cause major damage. Although the riots did happen, they were not as major and damaging as was feared. Impact of World War II on Americas Agricultural Sector There was major labor shortage in the agriculture sector. A number of workers had been drafted and most of the remaining opted to move to the city and work in the industries. This created a lot of pressure as most agricultural products were in demand especially by the military. Germany prisoners of war were used to work on the farms and food processing industries. Civil Rights during the World War II Because of increased labor requirements, large migrations of black communities from the southern states went to work in big cities such as Chicago. As they integrated with the predominantly white communities, a lot of race related confrontations took place. The white population which had also immigrated from the south found it hard to work alongside the blacks. This led to rise of civil rights organizations. The black civil rights groups formed a V campaign, of both campaigning for equality rights at home and fighting for country abroad. The Japanese-American Internment After the attack on Pearl Harbor, the citizens of the United States expressed their disgust of the Japanese Government by mistreating the Japanese Americans who did not have anything to do with the attack. Harassment and hate crimes were on the rise. Japanese Americans remained loyal to their ancestral land. People did not trust them as they were feared to be a security risk. They would be suspected as being spies for the Japanese government. Fear and bad advice led President Roosevelt to sign an order in February 1942 that all Japanese to be relocated to concentration camps in the middle of United States. Many sold their businesses, homes and other valuables because they did not trust their property would still be there when they returned. Most of these Japanese Americans had never been to Japan but this did not make a difference. Even those who were veterans of the World War 1 were forced to leave their homes. They were held in camps in the remote areas of western America where the housing consisted mainly of tarpaper barracks. Dinning was done in mess halls and children were to attend school while adults had an option of working for a salary of $5 per day. Cultivation on the arid soil where the camps were located was not successful so the Japanese American had to rely on food from the American government. Life in the camps was very challenging it was too hot in summer and too cold in winter. There were recreation activities to pass time in the relocation centers but it was far from comforting. There was no escape route as if anyone tried to flee the camps; they would be shot instantly by the armed sentries who kept guard. They elected representatives who were to air their grievances to the government but it often failed. Fred korematsu went to court challenging the order by President Roosevelt to no avail. The Supreme Court ruled that the order was a wartime necessity. Negativity toward the Japanese in America was all over and even after the order was appealed, many could not go back to their homes . In 1988, the United States government tried to apologize by awarding the surviving interns a sum of $20,000. Impact of World War II on Women in the Industrial workplace The war brought about significant changes on the role of women in the society. Before the war, it was customary that the men were the ones that went to work. During the war, many former laborers enlisted to be servicemen. This left a huge labour gap in many industrial cities. The industrial production had to be maintained and even president Roosevelt urged that it was important for people to support the war in any way they could. He said that this was a contribution to winning the war as the soldiers that were at war. Only a quarter of American women worked before the year 1941. This call to action opened many working opportunities to women and other minority groups who would otherwise not have worked during Many women went to work during the war and when it ended, some of them were replaced by the veterans. Those who wanted to continue working did so. Women gained more respect as they proved they could work outside and still keep the home running. They asked for equal pay and this made impact on the workforce. The next generation and the ones after that of women also worked as they found it was common to do so In conclusion, World War II was an event with an outcome that moved us towards a better nation. The United States economy reached tremendous and unduplicated growth rates. This course of events positioned the United States as the worlds economic, industrial and military super power. The war can be said to have changed the United States course of history forever. Buy custom The Impacts of World War II in America essay

Wednesday, November 6, 2019

Aspect Of Contract And Negligence For Business The WritePass Journal

Aspect Of Contract And Negligence For Business Abstract Aspect Of Contract And Negligence For Business ). The first legal element refers to the inclusion of an offer, which indicates one’s willingness to enter into a specific bargain. In this case, an offer is made by Phil, the Chief Executive Officer of Zulu Aviation Ltd. Another important legal element for the formation of a valid contract is associated with acceptance, which should indicate an agreement to the terms initially made. Phil’s offer of  £100,000 for reserving the Airbus 321 has been accepted by Joseph, EMA’s Managing Director. The third significant legal element showing the validity of the discussed contract is the availability of a legal purpose (Knapp et al., 2012). It is clear that the contract’s purpose is legal because it is based on the sale of a second-hand Airbus 321. Furthermore, mutuality of obligation presents a situation in which both parties ensure mutual understanding to the expression and form of their agreement. In other words, a common expectation is that the parties need to agree to the same thing, which is described in the same manner, and at the same time. These legal conditions have been met by both Phil and Joseph. Consideration indicates another essential element for the formation of a valid contract (Poole, 2012). Legal binding needs to be supported by valuable and realistic consideration. In the case study of EMA, Phil ensures his consideration by claiming that he will pay  £100,000 to EMA if the latter promises not to sell the Airbus 321 to another buyer for the period of five days. The importance of these components reflects in the validity and legality of the contract to be established, and if any of these conditions are non-present, it is virtually impossible to form a valid contract (Knapp et al., 2012). Impacts of Different Types of Contract   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   When discussing the specificity and implications of contract law, it is important to consider the impacts of different types of contract, such as bilateral and unilateral contracts, express and implied contracts, void and voidable contracts, and distance selling contracts (Hillman, 2004). Bilateral contracts are commonly used in daily life, as they represent an agreement between at least two individuals or groups. Unilateral contracts are associated with an action undertaken by one individual or group alone, as this type of contract allows only one individual to involve in making a specific promise or agreement (Elliott and Quinn, 2003). In express contracts, a promise is stated in a clear language, while in implied contracts, the focus is on presenting behaviours or actions which lead parties to believe that a certain agreement exists (Hillman, 2004). Void contracts are contracts that cannot be enforced by either party. According to law, void contracts are perceived as if they had never been established. The main aspect of void contracts refers to a situation where one of the parties performs in an illegal manner (Hillman, 2004). Therefore, void contracts cannot be conducted under the law. An example of void contracts can be found in Dickinson v Dodds [1876], where there is only an offer made and was intended to be an offer solely because it did not result in any legally binding agreement. There was no consideration ensured or promise and thus was judged non-binding. Although in the case of Shuey v US [1875] the revocation is prominent as the offer is, the type of offer is considered non-binding. On the other hand, voidable contracts are based on enforcement and hence they are valid (Elliott and Quinn, 2003). In general, only one of the parties is legally bound to such contracts. Yet, the unbound party has the right to cancel the contract and thus the contract automatically becomes void (Knapp et al., 2012). This implies that voidable contracts represent valid, legal agreements. Distance selling contracts refer to the main responsibility assumed under the law to protect consumers while they conduct shopping activities online. Such regulations also occur in situations where consumers enter into other contracts, as they are at a distance from the supplier (Hillman, 2004). Special protection is ensured to customers on the basis that they are unable to meet directly with the supplier and check the quality of goods and services that are offered for sale. Distance selling regulations have been enforced in the UK since 2000, but it is essential to note that they are inapplicable to contracts between businesses (Elliott and Quinn, 2003). The main legal effect of these regulations is that they enable consumers with the right to receive accurate and proper information about the supplier, including the products and services that are provided for sale. In addition, consumers tend to receive a written confirmation of such information, which makes the regulations credible . There is also a cancellation period of seven working days in which consumers have the right to withdraw from the contract. Individuals receive protection from different forms of fraud associated with the option of using payment cards (Knapp et al., 2012). Case Study of EMA In the case study of EMA, the focus is on determining whether the two parties have formed a valid, legal contract. As previously mentioned, the parties applied each of the essential legal elements for a valid contract, including offer, acceptance, legal purpose, mutuality of obligation, and valuable consideration. The terms of the contract between EMA and Zulu Aviation Ltd are clearly specified. However, it can be argued that the type of contract presented by the two parties is express considering that the promise for forming a legally binding agreement has been stated in a clear language verbally, via phone (Poole, 2012). Despite the precise form of the binding procedure, the validity of such express contract is apparent. There are strictly claimed promises on the behalf of both sides: the first party needs to pay a particular amount of money to guarantee the sale of the Airbus 321; the other needs to keep his promise not to sell the Airbus 321 to another buyer for the next five day s. It can be concluded that such initial conditions of forming a legal contract have been met (MacMillan and Stone, 2012). Simply put, there is an offer followed by an acceptance by EMA’s Managing Director. An example of the complex transaction that took place between EMA and Zulu Aviation Ltd can be found in the case of Byrne v. Van Tienhoven (1880), which presents relevant inferences on the issue of revocation with regards to the postal rule. In the case of EMA and Zulu Aviation Ltd, the phone rule (considering the phone conversation between Phil and Joseph) may not apply in revocation. In other words, while a phone conversation to arrange a contract may simply indicate a valid acceptance, it is most likely that the court will rule that it does not count as proper and valid revocation (MacMillan and Stone, 2012). Moreover, there is a stated legal purpose that legally binds both parties to form a valid agreement. They are focused on keeping their promise, which is an initial requirement for the establishment of a legal contract. It can be indicated that the objective of the contract between EMA and Zulu Aviation Ltd is to achieve a legal purpose. Thus, the condition of a creating a purpose for the existence of a binding contract has been applied in the case (Poole, 2012). The mutuality of obligation is also evident considering the motifs and promises ensured by both sides. There is a strong sense of mutual understanding on the behalf of each party regarding the expression and specificity of their agreement. In addition, there is an objective standard being applied in the case in terms of determining what the parties have precisely said in the process of forming their agreement (Knapp et al., 2012). The fact that the offer is clear and definite is indicative of both parties’ acceptance o f the terms outlined in the offer. There is a valuable consideration illustrated in the statement of Phil, who is ready to pay  £100,000 in case EMA’s Managing Director fulfils his promise. Therefore, this case study illustrates the application of an express contract law (MacMillan and Stone 2012). Implications regarding the Supply of Mobile Phones   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The only specified term in the contract between Key Services Enterprise (KSE) Ltd and Unique Mobile Solutions (UMS) Ltd is that of the provision of 500 mobile telephones, which are suitable for use in the UK. The court will classify these types of contractual terms as intermediate or innominate terms (Poole, 2012). The status of these terms is not clearly defined, as their significance lies between a condition and a warranty. Innominate terms were established in the case of HK Fir Shipping v Kawasaki Kisen Kaisha [1962], where the defendants chartered a ship for the duration of two years from the plaintiffs. In the agreement established between the two parties, there was a specific clause indicating that the ship was suitable for performing cargo service. Due to problems with the engine, 20 weeks of the charter were lost and thus the defendants were entitled to bring an action for damages for breach of contract on the grounds of the clause specified in the agreement (MacMillan and Stone, 2012). Under the circumstance that the use of the telephones supplied was illegal in the UK, and they could not be modified to make their use legal, the court will classify this term as misrepresentation or a false statement made by the mobile phone seller regarding the use of the products. As in the case of Gordon v Selico [1986], it is possible to make a misrepresentation by words or by conduct. However, it should be considered that representation is not a term. Moreover, the telephones supplied required tuning to particular frequencies, a task taking two minutes for each one. This aspect also indicates the presence of innominate terms (Knapp et al., 2012). However, under the circumstance in which the CEO of KSE signed the contract with UMS, there is no reference to any other document. In addition, KSE’s CEO accepted the receipt of the transaction without reading it, which represents a serious mistake that can be identified as negligence in lawful terms. The harm caused by the deci sion of KSE’s CEO to sign a contract with UMS is as a result of his carelessness. There is a failure to behave with the proper level of care required for the described circumstances (Poole, 2012). On the back of the receipt provided by UMS, the statement can be classified by the court as an exclusion clause because the provider of the mobile phones has directly excluded liability for contractual breach. In an attempt to analyse the exclusion clause as a term under the circumstance in which KSE’s CEO accepted the receipt without reading it, specific implications can be drawn. As a term in a contract, an exclusion clause indicates the purpose to limit or restrict the rights of the parties bound to the contract (Hillman, 2004). A true exclusion clause, as in the case of UMS, recognised a potential breach of contract, and then serves as an excuses liability for any potential breach. Therefore, it can be concluded that an exclusion clause was ‘incorporated’ into the contract with KSE. The effect of this term in the contract should be evaluated on the basis of incorporation (Elliott and Quinn, 2003). This means that UMS has actually incorporated an exclusion clause by signature (at the back of the receipt of the transaction provided to KSE). The fact that KSE’s CEO accepted the receipt and signed it means that the respective clause is considered part of the cont ract. Yet, the party representing the clause, UMS, has not taken any reasonable steps to bring it to the close attention of the second party in the contract (MacMillan and Stone, 2012). Applying the legal controls that the court would use in assessing the validity of the term in the contract should refer to principles of strict literal interpretation and contra proferentem (Hillman, 2004). In order an exclusion clause to operate, it needs to cover the breach with an assumption of a potential breach of contract. In case there is a breach of contract, the specific type of liability which is emerging is also relevant in the process of interpretation by the court. There is strict liability involved, which arises as a result of a state of affairs in which the party at breach is not necessarily identified as responsible for the fault (Smits, 2005). However, the court needs to consider the case of liability for negligence, or in other words, liability arising as a result of fault. A common tendency demonstrated by the court would be to require the party which relies on the clause to have drafted it adequately in order to result in a situation where that party is exempted f rom the liability arising (Cauffman, 2013). In the presence of ambiguity, as it might be in the case of KSE and UMS, the court would most probably apply the legal control of strict literal interpretation against the party which extensively relies on the exclusion clause in the contract. In the process of assessing the validity of the exclusion clause in the contract, the court may also apply the legal control of contra proferentem (MacMillan and Stone, 2012). In case ambiguity persists even after attempts have been made to construe an exclusion clause with regards to its natural meaning, the court may decide to apply a rule identified as contra proferentem. This term implies that the clause needs to be construed against the party in the contract that imposed its initial inclusion, respectively UMS. In the context of negligence, the court would most probably take the approach that a party would enter into a contract that permits the second party to evade fault based liability (Cauffman, 2013). Law of Tort Liability in Tort and Contractual Liability   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   While discussing certain implications of liability, contrasting liability in tort with contractual liability is important. All activities initiated by individuals as well as organisations are regulated by law. Tort law represents a branch of the civil law, and it should be considered that any dispute in civil law is usually between private parties (Horsey and Rackley, 2011). As indicated in the previous section, strict liability illustrates a solid legal doctrine according to which a party is held responsible for the damages resulting by his or her actions. Strict liability is also applicable to tort law especially in cases involving product liability lawsuits (Okrent, 2014). In the context of tort law, strict liability refers to the process of imposing liability on a party or individual without a particular finding of fault. In case fault is found, the court would determine a situation known as negligence or tortuous intent (Hodgson and Lewthwaite, 2012). As a result, the plaintiff would need to prove the occurrence of the tort and the implied responsibility of the defendant. The objective of strict liability is to discourage any forms of reckless behaviour as well as irrelevant product development and manufacturing. Therefore, liability in tort refers to the duty of care along with the negligence of that duty. On the other hand, contractual liability is associated with a situation in which two or more parties promise specific things to each other (Okrent, 2014). Liability in tort and contractual liability are similar in the point that they are both civil wrongs, and the individual wronged sues in the court in order to obtain compensation. However, the m ain difference is that in a claim related to liability in tort, the defendant may not have been involved in any previous relationship or transaction with the claimant. On the contrary, in a claim of contractual liability, the main condition that should be met is that the defendant and claimant should be the parties representing the contract (Hodgson and Lewthwaite, 2012). Case Study of King’s Restaurant   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In an attempt to analyse the situation described in the case study of King’s Restaurant, it appears that it should be considered on the basis of tort of negligence. The claimants in this case, Carlos and Janet, need to prove certain elements to the court so as to provide a valid proof of negligence and claim damages (Okrent, 2014). These elements refer to proving that the restaurant owed them a strict duty of care; the restaurant breached that particular duty of care; and Carlos and Janet suffered damage resulting from the breach. The notion of the duty of care was established in Donoghue v Stevenson [1932] in which the court enforced the decision that an individual may sue another person who caused them loss or damage even in the absence of contractual relationship. Yet, in the case of Carlos and Janet, it needs to be considered that even if the court proves negligence, the restaurant may have a defence that protects it from liabil ity, or decreases the precise amount of damages it is liable for (Horsey and Rackley, 2011). Hence, it can be argued that there is tortuous liability action against the restaurant. There is a breach of a statutory duty in King’s Restaurant case study, as the direct consequence was harming a person, which gives rise to tortuous liability for the restaurant towards Carlos and Janet under the legal doctrine of negligence (Christie et al., 1997). However, the victim should be identified in the class of individuals protected by the statute. Another important condition related to the success of the tort suit is that the injury should be of the specific type that the statute intended to prevent. Thus, the claimants need to prove their claim on specific balance of probabilities. It is also important for Carlos and Janet to show that the damage suffered is not quite remote from the breach (Horsey and Rackley, 2011). It should be assumed that a duty of care existed in this case because King’s Restaurant is identified as an award-winning and very expensive English restaur ant, which directly brings the conclusion that the services provided by the restaurant should be at a superior level. The standard of care should be determined through expert testimony and through the consideration of applicable, professional standards in the industry. The harm in the case is mostly physical, which makes it a sufficient claim for negligence. The problem in the case study can be resolved if Carlos and Janet definitely consider the option of claiming tortuous liability against the restaurant (Christie et al., 1997). Case Study of Angelina and Christian Auctioneers   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In this case, the legal principles of tort of professional negligence misstatement and vicarious liability can be applied. The tort of professional negligence misstatement refers to representing a fact, which is improperly and carelessly made. This claim is usually relied on by another party and results in their disadvantage (Hodgson and Lewthwaite, 2012). Vicarious liability presents a doctrine according to which an individual is responsible for the actions of another person because of a special relationship available between the parties, such as the one between an employer and an employee. Angelina has rights and remedies against Brad and Christian Auctioneers in connection with the incorrect advice given to her about the worth of the painting (Okrent, 2014). In the case, Angelina relies on the other party for their expertise, knowledge, and judgment. Moreover, the person who provided advice to Angelina, Brad, knew that the other party w as relying on him and his judgment about the painting. It can be also argued that it was reasonable for Angelina in the presented circumstances to rely on Brad and Christian Auctioneers. Brad on the behalf of his organisation, Christian Auctioneers, has given a negligence misstatement regarding the painting’s value. His judgment was personal rather than professionally based (Hodgson and Lewthwaite, 2012). Angelina’s rights against Brad and Christian Auctioneers are based on the premise of the special relationship established between her and this organisation. In the process of examining the special relationship concept, an example can be observed in the case of Shaddock Associates PTY Ltd v Parramatta City Council [1981], in which a solicitor acting on behalf of Shaddock established contact with the Parramatta City Council to seek advice regarding the potential impact on a property as a result of road widening proposals (Okrent, 2014). The council employees gave the solicitor a negligent misstatement, and as a result, Shaddock purchased the property and significant losses have been suffered. When applying the law in the case of Angelina, duty of care should be established in order to claim for negligence. It is important to consider the question of whether it was reasonably foreseeable that the actions of Brad and Christian Auctioneers would cause harm or loss to Angelina. Fur thermore, it is essential to establish the presence of a physical or factual link between Angelina and Brad and Christian Auctioneers. It can be deduced that their relationship was physical considering that Angelina approached the company to give her a valuation of some antique furniture present at her flat (Christie et al., 1997). The court would also need to determine the vulnerability of the plaintiff, and it can be indicated that the vulnerability to Angelina was high because she was relying on Brad and Christian Auctioneers for their professional advice in order to make a sound decision (Horsey and Rackley, 2011). The court would need to consider the actual damages caused. Considering that Angelina sold a valuable painting of Rembrandt for only  £100 is indicative of the losses she suffered due to the incorrect advice given to her. Moreover, the principle of vicarious liability could also refer to this case (Horsey and Rackley, 2011). Vicarious liability is applicable because liability is attributed to Christian Auctioneers that has a responsibility for its employee, Brad, who negligently causes a loss to Angelina because of the incorrect advice provided to her. In other words, the employer is responsible for the actions of the employee. Therefore, this form of strict liability can be imposed on Christian Auctioneers due to the negligent conduct of its employees in the case of Angelina (Okrent, 2014). Possible Defences Available to Christian Auctioneers   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There could be possible defences available to Christian Auctioneers. Such defences are mainly based on the assumption whether there is a contractual relationship between the parties (Okrent, 2014). An example of this aspect can be found in the case of Henderson v Merrett Syndicates Ltd [1994], emphasising a statement of responsibility by an individual providing professional services along with reliance by the individual for whom the services were provided. Therefore, in the case of Angelina, it can be deduced that there was no special, contractual relationship between the parties (Christie et al., 1997). Angelina sought a free valuation, which may imply that there would not be liability for such type of information. Conclusion   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   This paper discussed essential aspects of contract law and tort law. The first part of the paper focused on describing the elements comprising a valid, legal contract along with differentiating the effects of common contracts (MacMillan and Stone, 2012). Details from two case studies were provided, namely from East Midlands Airways Airbus case and the case involving the supply of mobile phones. Important issues pertaining to contract law were discussed with the application of relevant law. The second part of the paper emphasised important principles of tort law by differentiating liability in tort and contractual liability. Negligence liability was discussed with regards to the case study of King’s Restaurant. Specific details about tort of professional negligence misstatement and vicarious liability were provided in the case study of Angelina and Christian Auctioneers (Okrent, 2014). In conclusion, legal and business practitioners need to stay informed about valid and applicable law principles with regards to contract and negligence in order to adhere to professional standards of conducting appropriate business practices. References Byrne v Van Tienhoven [1980] CPD 344 Cauffman, C. (2013). ‘The Principle of Proportionality and European Contract Law’. Maastricht Faculty of Law Working Paper. Working Paper No. 2013-05. Christie, G. C., Meeks, J. E., Pryor, E. S., and Sanders, J. (1997). Cases and Materials on the Law of Torts. St. Paul, MN: West. Dickinson v Dodds [1876] Ch. D. 463 Donoghue v Stevenson [1932] UKHL 100 Elliott, C. and Quinn, F. (2003). Contract Law. London: Longman. Gordon v Selico [1986] HLR 219 Henderson v Merrett Syndicates Ltd [1994] UKHL 5 Hillman, R. A. (2004). Principles of Contract Law. St. Paul, MN: West. HK Fir Shipping v Kawasaki Kisen Kaisha [1962] EWCA 7 Hodgson, J. and Lewthwaite, J. (2012). Tort Law Textbook. Oxford: Oxford University Press. Horsey, K. and Rackley, E. (2011). Tort Law. Oxford: Oxford University Press. Knapp, C. L., Crystal, N. M., and Prince, H. G. (2012). Problems in Contract Law: Cases and Materials. New York: Wolters Kluwer Law Business. MacMillan, C. and Stone, R. (2012). Elements of the Law of Contract. London: Stewart House. Okrent, C. (2014). Torts and Personal Injury Law. New York: Cengage Learning. Poole, J. (2012). Casebook on Contract Law. Oxford: Oxford University Press. Shaddock Associates PTY Ltd v Parramatta City Council [1981] HCA 59 Shuey v US [1875] 92 US 73 Smits, J. M. (2005). ‘The Principles of European Contract Law and the Harmonization of Private Law in Europe’. Maastricht University Faculty of Law, pp. 567-590.