Wednesday, September 2, 2020
The Agricultural Adjustment Act Ã Ã Ã Ã Ã During World War I, EnglandÃ¢â¬â¢s agrarian economy was gravely harmed. This bother for the English was a gift to American ranchers. Since the innovation of the join, and different other mechanical gathering machines, American ranchers could build their harvest yield. Thusly they could send out the additional harvests to England for more cash. When England financially recovered, American ranchers couldn't discover any fares for their yields. As they kept on delivering beyond what the American individuals could devour, the costs of rural merchandise drastically dropped. By the 1930Ã¢â¬â¢s numerous ranchers were in genuine need of help, with overwhelming homestead advances and home loans hanging over their headÃ¢â¬â¢s. Nothing had been done to help the farmerÃ¢â¬â¢s during The Hoover Administration. So in 1933 as a major aspect of RooseveltÃ¢â¬â¢s New Deal, the Secretary of Agriculture, Henry Wallace concocted an arrangement to confine creation and increment co sts. Which came to be known as the Agricultural Adjustment Act of 1933, otherwise called the AAA. The AAA was built up on May 12, 1933 it was the New Deal thought to help ranchers during the Great Depression. It was the main across the board exertion to raise and settle ranch costs and pay. The law made and approved the Agricultural Adjustment Administration to: Enter into willful understandings to pay ranchers to decrease creation of fundamental wares ( cotton, wheat, corn, rice, tobacco, pigs, milk, etc..), to make propelled installments to ranchers who put away harvests on the homestead, make advertising understandings among ranchers and go betweens, and to collect preparing duties to pay for creation modifications and market advancement. Fundamentally the AAA paid ranchers to devastate their harvests and domesticated animals as a byproduct of money. In 1933 alone cotton ranchers were paid $100 million to furrow over their cotton crop. 6,000,000 piglets were butchered by the legi slature after they got them from ranchers. The meat was canned and given to individuals without employments. All together for this new bill to work there should have been cash to pay the ranchers, this cash originated from the organizations that purchased ranch items as assessments. While it appeared to be a smart thought to take care of ranchers to slice on yields to bringing down the excess and lift the economy, The Supreme Court found the Act unlawful in 1936.
Saturday, August 22, 2020
What to Write in a College EssayWhile writing a college essay is not very easy, there are some guidelines that one can follow. These guidelines can help one avoid the common mistakes that are made by others. Common mistakes include using obscure words that have no connection to the topic of the essay. Using complicated language can also make a difficult task even more challenging.A college essay is supposed to be both informative and entertaining. Readers enjoy an essay that takes them on a journey. Since your readers will be so engrossed in the story you are telling, they would like to know what happens next. And, since they know that the rest of the essay is composed of informative information that they can use, they will appreciate your efforts to weave this into the text.For instance, if you are planning to give your essay on ecology to a science class, don't try to put a witty part in your essay on term paper. If your students aren't as bright as your class professor, they won't find it all that funny. And, if you are trying to win the heart of your favorite student in that class, you're planning on writing an essay on ecology could have gone awry.If you plan to ask a question or to critique the school's administration, don't do it in such a way that would criticize the school in an indirect manner. It is very unprofessional. Keep your criticisms focused on the administration as a whole, and don't raise questions about individual classes or teachers.College essays are meant to be funny. Make sure you leave out any nasty humor that will make your readers uncomfortable. You may also want to keep your humor from looking too personal. This type of humor may be appropriate when you are talking about a subject that is known to you.You might want to create a couple of drafts before you actually submit your essay. Also, keep a few revisions aside so that you can make amendments when necessary. Don't worry about losing face or being humiliated by being late on a de adline for it.It is also a good idea to keep a list of the things that you are going to change to your draft. After you have all the changes that you want, turn it in. When your school will allow you to resubmit your essay, it will give you more time to make the necessary corrections.If you take care of these mistakes when writing a college essay, you can earn more of a reputation. By following these guidelines, you will have no trouble writing your college essay. You can be proud of your accomplishment, while your students will still learn a lot from your work.
Friday, August 21, 2020
Life in space is one of those themes humankind has attempted to discover a response for all through its whole history. Be that as it may, the inquiry despite everything stays unanswered, secrets unsolved. The huge space is one of the most secretive and unfamiliar puzzles humankind had ever thought of and the inquiry is will it ever be illuminated Unlimited revelations and riddles lie revealed inside them. Throughout the years, we, as individuals have continually been testing and driving our cutoff points by wandering into space and past. In any case, what I accept is, the main confirmation we have; that some shrewd animals exist in space. That they have never attempted to get in touch with us stupid individuals, The confirmation isnÃ¢â¬â¢t excessively alluring. Expressly talking about existence in space, I think most about this is all idiotic and extraordinary cash is driven into this exploration which bears very little proof of outsiders up there. giving some approach to qualm, regardless of whether somebody persuades me there is life on the moon which I know there isnt, on the grounds that an air is fundamental for life to exist which isnt present. NASA discusses discovering oceans on our moon, defaces, and the moon of Jupiter, yet is it despite everything demonstrated or a fixed dust storm near the outside of the moon or damages appears as though an ocean to these man made picture taking satellites. At that point this inquiry emerges of for what reason is everything there? The space, the moon the sun, the planets, everything out there for what reason is it present? The divine beings werent insane when this was made or the theory of prehistoric cosmic detonation isnt thoroughly off-base. There is a significance to the entirety of this, to all the planets, the common satellites and all which is up there yet the genuine importance hasnt been found at this point. We as a whole might suspect from various personalities and have alternate points of view. Its allÃ¢ what we think it is. In the event that I imagine that blemishes has peculiar animals with one eye and ten hands living on it, its thoroughly fine. You may not concur with me, you may think defaces doesnt have poop, its Jupiter which helps outsiders of some extraordinary specie living on it. So you consider its to be as you need it. In science that is called Ocidebtal thinking, Ã¢â¬Å"Some established truths, introduced to you in a persuading way, presently nobody can persuade you otherwiseÃ¢â¬ Mind and body, 1999thinking pretty much all of, which goes on in the space interested me once as well, however when I consider catastrophes happening to our space travelers and for one, model Kalpana Chawlas space transport which was blown to pieces because of some erroneous conclusion and a human mistake, who will be considered answerable for that, you, me us or poor outsiders which dont even exist. So toward the finish of every one of my contentions and all the useless hypothesis individuals present what I will say is, being people which should be the most brilliant creatures on the whole universe. We quit considering dreams and hold up until something strong comes to us. With the goal that I truly am refuted; and presence of life space is truly end up being actuality. Saad AftabSources:Space and past Ã¢â¬ 1999 (Phillips jr)Nataional Grpgraphic magazine September issue Ã¢â¬ John QuinnWebWorksIcon Ã¢â¬ Research paper (2005)
Wednesday, May 27, 2020
Introduction Review of performance is an inspirational to any company which aspires to boost itself towards the levels around the standards or even far beyond. Not a single company would tolerate performance which is below the averages. From deep analysis, authors mind was made to believe that in the absence of a system which rates the employees basing on their performance a company might face the following consequences including poor quality of products, inefficient unsupportive workforce, and loss of scarce resources. Hence, the result will be poor recognition and a bad reputation in the society and the globe as a whole. A tool to help a company in monitoring performance happens to be performance appraisal. Through it, a company can trace the path taken by its employees towards reaching the goals and objectives set well in advance. Critics have argued that, not always performance appraisal has got a positive role to play but also could result to biasness among the top managers and the subordinates as a result of favoritisms among the others. Besides that, performance appraisal is very crucial for the better progress of any company. Henceforth, this essay will address the various parts which are of interest to both the essay writer and the topic itself. Two extremes will be discussed in the essays. On one extreme, it would give an analysis of performance management as a process while on the other extreme culture will pick. The second essay will pick from this checkpoint by developing a fur ther argument concerning the literature in the first essay. Its authors intention to display at least a few societys with differing cultural background and the degree to which they look performance appraisal. This is a tool which could be considered to either impede or hinder organizational development. PERFORMANCE MANAGEMENT PROCESS According to Baron Armstrong, 1998: 38-39, performance management can be defined as a strategic and integrated approach to increasing the effectiveness of organizations by improving the performance of the people who work in them and by developing the capabilities of teams and individual contributors, and also can be seen as a continuous process involving reviews that focus on the future rather than the past,ÃÆ'Ã ¢Ã ¢Ã¢â¬Å¡Ã ¬ÃâÃ ¦ (Beardwell Holden, 2001, pp.538) This is a broad concept which not only concentrates management efforts on performance appraisals but towards identifying whether the overall performance matches with the business strategy and objectives. (Hendry et al, 1997) It involves getting better results from the organisation teams and individuals by measuring and managing performance within agreed frameworks of objectives and competence requirements; assessing and improving performance; identifying and satisfying learning and development needs. Ch aracteristics of Performance Management Controlled by the line managers so as to monitor the progress. Ratings are not much used. Tends to have a focus on objectives, values and behaviours. Less likely to be linked directly with pay. Paperwork isnt so much. In most organisation scenarios, performance management throughout the employees is done through the following: Planning It is the process of setting goals and objectives for the company in its different departments. (Robbins Coulter, 2004) Planning is continuous and very essential as organizational goals keeps on changing due to dynamic world we live in. Once this has been effectively done, its obvious that the objectives will be met. The way things get done change overtime probably due to technological advancement which makes planning to be very essential. Planning answers the following questions which might be asked in employees minds: what, why and how should things get done? Developing increas ing the capacity to perform through training, giving assignments that introduce new skills or higher levels of responsibility, improving work processes, or other methods. (U.S. Office of Personnel Management) Training becomes crucial especially once an organization has identified the need for it which could be probably traced during appraisals conducted. Also, some employees get motivated if there are plenty of growth opportunities. It makes an individual climb a career ladder without much trouble but instead with high support and efforts by the management. Rating means evaluating employee or group performance against the elements and standards in an employees performance plan and assigning a summary rating of record. This is the time when the top management grades or ranks their employees according to the performance levels. Good about this is that scores are not made on group bases but on an individual bases. (U.S. Office of Personnel Management) Rewarding recognizing e mployees, individually and as members of groups, for their performance and acknowledging their contributions to the agencys mission. (U.S. Office of Personnel Management) With rewards any employee within an organisation will be as part of it and have a sense of belongingness. Also, this is a kind of recognition to the efforts done by the employees. Employees also feel that they are valued. Hegewisch, 1992a: 28 says,ÃÆ'Ã ¢Ã ¢Ã¢â¬Å¡Ã ¬ÃâÃ ¦the pay package is one of the most obvious and visible expressions of the employment relationship; it is the main issue in the exchange between employer and employee, expressing the connection between the labour market, the individuals work and the performance of the employing organization itself. (Beardwell Holden, 2001, pp.506) Monitoring is the process of scrutinizing the day to day activities so that things goes as planned. This is normally done in organizations so as to measure the performance and later provide feedback t o the employees so as to see whether they have deviated away from the goals set or not. This is the venue where employees who dont cope with the standards and regulations are identified during performance appraisals which aims at correcting wrong performance well in-advance. Arriving here, this will be my reference point or area of interest in both my two essays. Let me step a foot further in towards this fascinating part. Performance appraisal is core in any organization due to the reason that, pay structure for employees will be based on performance. It is commonly being heard and believed that, no pain, no gain. Performance appraisals is one among the many functions of the Human Resource Management which is, a strategic and coherent to the management of an organizations most valued assets: the people working there who individually and collectively contribute to the achievement of its objectives. (Armstrong.M, 2003) Performance appraisal may be defined as a structured for mal interaction between a subordinate and supervisor, that usually takes the form of a periodic interview (annual or semi-annual), in which the work performance of the subordinate is examined and discussed, with a view to identifying weaknesses and strengths as well as opportunities for improvement and skills development. (Archer North Associates, 2006) In most organizations this is frequently done so as to see if the expected standards of the job are met. This dismantles the notion that, once an employee has been selected, hired, placed, inducted and trained for a particular job everything is over. (NCC HRM Module DBA204) Merits of Performance Appraisals Hereunder, are the advantages of this system of rating employees of a particular organisation; Settling grievances accusations and complaints from one side to the other will be at minimal because performance appraisals decide whom to promote, demote or to get rid of. Improve performance when inefficiencies resulting to poor performance are realized, necessary actions are taken with the intention of lifting outcomes or production capacity. Alerts training needs play the role of an alarm which act as the reminder to the company in order to be ahead of the needs and requirements with time and progress. Basis for promotion acts like a sieve that separates the dusks and stones away from the rice. Enables a company to point the best employees who can be given responsibilities and established trust. Way of maintaining contacts this allows the management to be close to the employees so as to keep track of events and any problems faced by the later while at work. Demerits of Performance Appraisals Besides its benefits, this system has got issues too, to be given a careful attention. Hereunder, they are demonstrated: Varying standards Raters tend to apply varying standards, and it can be very difficult to combine or co-relate these. Different individuals are rated depending on their jobs, nature of work and their respective performance. There is no a common standard to be considered as a benchmark while conducting performance appraisals. (NCC HRM Notes) Systematic error or constant error This is a consistent tendency to over-value or under-value ratees on a given characteristic. (NCC HRM Notes) Halo effects Another common deficiency tends to allow one quality to colour the entire appraisal or to make all qualities fit a sort of general impression. This effect defeats a major purpose of ratings and reduces the total rating to a sort of overall, birds eye impression. A ratee who makes a good appearance, for example, may be rated high on such presumably unrelated qua lities as dependability and co-operation. (NCC HRM Notes) Central Tendency Is the inclination to rate all or more qualities and the ratees close to the average or middle of the range. It may result from the fact that raters do not know ratees well enough to express a discriminating opinion. (NCC HRM Notes) Leniency The desire to err on the generous side to avoid controversy by giving each ratee the benefit of the doubt. (NCC HRM Notes) Appraisals as opinions A basic limitation of appraisals is that it is a method of obtaining opinions and is not a method of measuring performance; even at its best, the results should be considered as reflecting opinions and should be used as such. (NCC HRM Notes) Culture Refer to the total way of life of a particular group of people who share common ideas, beliefs, practices and values concerning various issues. Analysts view culture as the way how different people perform their daily activities without confrontation from others. Culture also can be defined as, the collection of traditions, values, policies, and attitudes that constitute a pervasive context for everything we do and think in an organization. (Mullins, 2002, p. 802) It is wise enough to begin this sub-theme by examining a combination of culture and human resource management. Culture of individuals pertaining to different nations will greatly affect positively or negatively the human resource management practices like the performance appraisals in any country. So the national cultures are likely to influence the management practices. It is obvious that, people from different places in the world wont have common or similar views concerning performance appraisals due to the fact that research findings have found emerging cultural profiles. However, countries in these profiles differ one another depending on the degree of uncertainty avoidance and the degree of power distance. The profiles happen to be divided into four main parts which are: Village Market commonly known as Anglo/Nordic which is characterized by low uncertainty avoidance and low power distance. Family or tribe known as Asian has low uncertainty avoidance with a high power distance. Well-oiled machine also called Germanic is overruled by high uncertainty avoidance and low power distance. Traditional bureaucracy pyramid of people known as Latin is characterized by both uncertainty avoidance and power distance by being high. This implies high hierarchy with too much bureaucracy. Therefore, it can sometime happen for as many countries to have similar performance appraisals ways in relation to another. In such a scenario, it is possible to align the processes and procedure s of rating employees so as to fit individuals from different cultures. A clear examination on culture will yield as to how variety of human resource practices are perceived and interpreted by members of a company or country. This takes us to the cultural differences as the main reason for different perceptions on when it comes to performance appraisals. By definition, organization is a group of people who share common values and a sense of purpose bound by the structures, systems and culture so as to implement strategic aspects of a company. (Daniels et al, 2009) Considering the reality that an organization wont do without people who might be the stakeholders or even the shareholders originate from different cultures. An organization is required to identify its people and at the same time realize their likes and dislikes so as to be at a safer side. Merits of Culture As a source of Competitive Advantage Michael Porter has argued that nations derive competitive advantage from a set of country-level factors such as the availability of resources, the size and sophistication of the market, the nature of government intervention, and the type of strategic linkages or networks. (Schneider Barsoux, 2003, p.7) For instance, performance appraisals wont do in the Chinese cultural set-up instead they prefer to be assessed by character appraisals for the sake of getting rid of bad feelings which may prevail. Giving poor ratings to subordinates is avoided by Chinese managers so that their personal relationships are not interfered or disturbed. According to culture analysts, its that this could stand as their (Chinese) competitive advantage due to the fact that there is no any sought of embarrassment. Instead to the Chinese it could result to building loyal and committed employees as no annoying is done to them. Because they are not used to direc t criticism at all, you have to be very sensitive. You cannot tell them that they are doing a lousy job. You have to focus on the positive. If youre sensitive enough they accept it, and use it themselves later on when dealing with their own peopleÃÆ'Ã ¢Ã ¢Ã¢â¬Å¡Ã ¬ÃâÃ ¦. One should be very sensitive, and you can do a lot of damage if notÃÆ'Ã ¢Ã ¢Ã¢â¬Å¡Ã ¬ÃâÃ ¦. (p. 318). (Schneider Barsoux, 2003, p. 164) Creates a uniqueness Accounts for the degree of variations between managers and companys around the world. The truth is people are subjective, so even the way they perceive things may be very different. This will alert various stakeholders to have awareness when dealing with people from other cultures. (Mullins, 2002, p. 807) One may experience different situations and scenarios when working with either the British firms or Chinese firms. It seems the British are much more concerned with the performance in terms of productivity and sales volume so as to g enerate more income and profits whereas the Chinese are both task-focused and more of a people-oriented looking at appraising on the employees degrees of integrity and loyalty. A good benchmarking tool To people and firms from various cultural background not performing well in different industries can view successful ones on how they use the appraisal systems so as to bring them to standards. As a matter of truth culture is not only acquired but it could also be learned and adapted too. Demerits of Culture Culture is deeply enrooted Culture in reality is deeply embedded in people and organizations. This may make the idea of gathering people from various cultural backgrounds difficult and more intense. At times, it is too hard to change how an individual is shaped with his or her beliefs, values and attitudes which he or she had been used long back. Due to this, pushing on practices like performance appraisals could result towards resistance from those who dont prefer it. The origin of power Analysts have seen this as an obstacle probably due to the truth that the top most management who share a common set of goals and objectives are not from different cultural backgrounds. This has an impact to the subordinates having various cultures who will be exerted a lot of pressures. Despise of a certain culture It may happen when people from different cultures meet some of them will pretend or consider themselves to be so superior and capable than the rest who are termed as inf erior. This situation might lead the powerful ones to impose practices like performance appraisals without considering opinions from the inferior. Cultural Impacts Problems due to the presence of multi-cultures in an organization are inevitable because the truth is that people will have at-least some differences which may shape their attitudes, values, beliefs and underlying assumptions. In most scenarios, a person may perceive the things he or she does as better off than those of others. If I happen to define cultural impact, I would have said that; it refers to the negative consequences undergone by members of a particular group probably due to lack of cross cultural awareness. These impacts will prevail at places where the management and its people fail to study and accept the values and beliefs of other people within and outside the organization. So far, culture hasnt been acknowledged or rather perceived as a unifying force due to the reason that everyone thinks his or her culture happens to be the best. The tendency to ignore other peoples cultures may have led to the following issues which need extra attention to come with approp riate solutions. These cultural impacts could be: Cultural shock There is no shortage of evidence of cross-cultural friction between businesses. In every cross-border alliance there are seeds of potential cultural conflict and misunderstanding. (Schneider Barsoux, 2003, pg.9) This is a situation whereby individuals become puzzled with how activities are carried on. For example, if performance appraisals involve too much of a paperwork it might be a tensing situation for those not used such processes. Cultural clashes These may prevail because in a multi-cultural scenario some people wont appreciate practices such as performance appraisals. Disputes or misunderstandings between those who accept performance appraisals and those in the other extreme could be more serious. Cultural segregation: Countering the impacts In turn the solution on how the management of a company could deal with cultural issues is to consider cultural segregation so as to minimize any of the cultural impacts mentioned above pertaining to differing cultures. Cultural segregation is all about separating but making all the parties equal. Recommendation Performance appraisals system need to be cross-checked with the purpose of minimizing if not getting rid of disputes and further work place complications which could probably take the organization and its people to chaos and a feeling of insecure. This should not be implemented as a platform to penalize others who dont perform in the right way. It should rather be one that intends to up-grade and motivate employees. The appraisers should study their own perceptions and motives first. However, incentives following good performance shown should not only be in monetary terms but it should take non-financial incentives too. Some cultures do not put much more consideration on money as a motivator but people feel the importance of status, vacation time, further training and development to help in their career progression. For example, Indonesians manage their culture by a group process, and everybody is linked together as a team. Distributing money differently amongst the team did not go over all that well; so, weve come to the conclusions that pay for performance is not suitable for Indonesia. (Schneider Barsoux, 2003, p.167) On the part of the management, it is essential to review on the targets made due to the fact that they could possibly be a nightmare during the day. For instance, trying to impose performance appraisals in a company with multi-cultured staff including the Chinese is a dream. Conclusion To each and every society not all the aspects of human resource management will be weighed as equally as done by the rest of the society. Although, performance appraisals are mostly used to measure the way the jobs are performed with the aim of observing whether goals had been met doesnt mean it will be liked by members coming from different cultural backgrounds. Also, for a long time performance appraisals was believed to be a system that is linked to pay (salary increments) and incentives. However, it is high time for firms to think on other ways too which will minimize the cultural impacts upon people from different cultures. On the other hand to some individuals salary increment is not a big deal compared to training and others mentioned earlier above in the recommendation. The reason behind the preceding disasters is not only that behavior, values, and beliefs are different across cultures, but also that their importance to those cultures should not be underestimated. ( Schneider Barsoux, 2003, p.10) Culture can be a binding or a destroying force towards performance appraisals. Whether engaging in strategic alliances, setting up operations abroad, or attracting the local market, companies need to discover how culture can be harnessed to drive business forward. (Schneider Barsoux, 2003, p.10) Considering the country cultural profiles it is clear that all the countries and its people have got varying power distance and uncertainty avoidance. Therefore, for this reason it is obviously that a lot of cultural differences in relation to performance appraisals should be recognized first before moving forward. The benefit of recognizing the differences are capability of solving future threats and exposed to opportunities that could lead to growth and development for the firms. Furthermore, arriving at an end of this piece of literature it marks an end of the first essay but a continuation for the second essay which builds an argument on the firs t essay. The author has looked upon performance appraisals as not the only method of rating employees but also there are alternatives to consider so as minimizing disputes and misunderstandings among multi-cultures in a firm. The methods to be argued against in second essay mostly happen to be character appraisals or combination of both, performance and character appraisals.
Saturday, May 16, 2020
In the following reflective response, I shall try to explain few of WolfÃ¢â¬â¢s central arguments in Europe and the People without History (1981). In doing so, I shall attempt to demonstrate my understanding and appreciation of WolfÃ¢â¬â¢s ontological premises. The central assertion of Wolf resonates with what C. W. Mills argues in The Sociological Imagination (1959). Mills stresses the importance of crafting a sociological imagination which would enable sociologists (and other academic professionals related to the field of humanities as well as general audience) to be cognizant of the relationship between their personal experiences and the wider society. In other words, the sociological imagination is the proper recognition of the dialectical interplay between micro and macro history. When sociologists take into account a single case, they should be aware of its broader context, i.e. the totality in which it exists. That totality not only encompasses geography and social setting s, but also the macro history. Wolf, in a similar fashion, asserts the importance of this totality. This theme is also apparent in various works of scholars like E. Wallenstein, Edward Said, Samir Amin and A. G. Frank. I am in a complete agreement with Wolf (and all other scholars) here. Most of the problems of the modern day world emanate from these misconceived notions - USA, Middle East, European culture, East, West, First World, Third World. In my opinion, WolfÃ¢â¬â¢s argument is justified when he says thatShow MoreRelatedContemporary Issues in Management Accounting211377 Words Ã |Ã 846 PagesMichael Bromwich is an exemplar of all that is good about the British tradition of academic accounting. Serious in intent, he has striven both to illuminate practice and to provide ways of improving it. Although always appealing to his economic understandings, he has been open to a wide variety of other ideas, recognizing their intellectual strengths and capabilities rather than maki ng artificial distinctions between what is acceptable and what is not. He also has contributed widely to the accounting
Wednesday, May 6, 2020
Gaddis wrote, The Landscape of History: How Historians Map the Past, to inform audiences why a historical consciousness should matter to us today. He used knowledge from past historians to portray the method that historical writings represent what cannot replicate. Gaddis worked to describe historical consciousness using visual imagery to express metaphors because science, history, and art all depend on metaphors. The past is something we can never have and through metaphors and representation, Gaddis accurately illustrates the meaning of a historian and how history cannot relive, retrieve or rerun but can only represent it. History can be considered a metaphor and representation because it is the way people represent it. Using history as a way to sum up past events is applying the word to an action. Gaddis describes history as a metaphor and representation by showcasing a study of the past as a way to prepare for the future by expanding experiences to strike a balance and paint a me taphor. A historian is able to strike a balance once there is a recognition that there is a trade-off between literal and abstract representation. Meaning abstractions make generalizations to hold up over time which oversimplify complex realities to overcome different constraints that separate in time from their subjects. For a historian to paint a metaphor, one must consider tension between significance and insignificance, polarities of generalization and particularization, the gap betweenShow MoreRelatedBreaking The Slump : Baseball934 Words Ã |Ã 4 Pageschronology of baseball and how it the happenings of the world influenced this sport. Baseball has had a great following and Alexander explains the National pastime in a way that feels like you are right there during the season. 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Tuesday, May 5, 2020
Question: Describe about the Commercial Law for Negligance of Product. Answer: Introduction Rebecca and Michelle visited a bar and consumed wine there. Michelle was too drunk and was driving the car while returning. Eventually, she ended up driving dangerously and in spite of repeated warnings from Rebecca, continued driving and subsequently crashed the car. Rebecca sustained serious injuries because of this and thus wanted to sue Michelle for negligence. This issue shall be discussed in this assignment. Issues There are certain issues that arise in this matter. These can be identified as under: Whether the requirements of the tort of negligence are satisfied in the given situation? Whether Rebecca can sue Michelle for being negligent in the matter? Rules The tort of negligence can be defined as a failure on the part of the defendant towards exercising the care that would have been taken by a reasonable, prudent man in similar circumstances (Gnych v Polish Club Limited, ). The harm that is caused because of this failure to the plaintiff must be a direct cause of the matter, and it should have been foreseeable in the matter. Thus, it can be said that there are four elements of substantiating a claim of negligence (Claimsjournal.com, 2016). These are that the defendant should have a duty of care towards the plaintiff. The defendant should make a breach of that duty of care that was owed to him; the breach should have resulted in some damage to the plaintiff; and the damage that is caused should not be remote in nature (Oberdiek, 2013). However, it should also be noted that there are certain defenses that can be taken by the defendant whenever a suit of negligence is initiated against him (Bolton v Stone, ). These defenses are also substantiated under the Civil Liability Act in Australia. Under section 23 of the Act, it contributory negligence is proved in any matter, then the liability of the defendant comes down substantially (Fletcher, 2008). Intoxication is one of the grounds that can attract a presumption of contributory negligence under Section 5 of the Civil Liability Act (Salmond, 2011). The court has the powers to reduce the damages by 100% in such instances. However, it should be noted that the courts determine the question of contributory negligence by facts (Charlesworth and Percy, 2012). There are two stages involved in this process. While the first determines the negligence on the part of the plaintiff, on the second level, a percentile value is assigned to the same (Marcolongo v Chen, ). Further, Under Section 16 and 17 of the Civil Liability Act, obvious risks and voluntary assumption of risk have been substantiated to be grounds of negligence. It has been stated that only if a person can prove that he was unaware of the risk, then can he say that there was no contribution towards the risk (Hobartlegal.org.au, 2016). Also, if a person understands that there is an obvious risk in any matter, then the same should be seen from the perspective of a reasonably prudent person and the knowledge of the presence of such risk. It substantiates a claim that the plaintiff himself is responsible for negligence, and the defendant is not liable in the matter (Cooke, 2007). Application The above-discussed rules shall now be applied in the given scenario and then an analysis of the same shall be made. Michele and Rebecca were drunk. They consumed a lot of wine out of their wish. While they were coming back home, technically, it could be said that driving on the part of any of them could have been negligent. In spite of knowing that they had consumed alcoholic beverages, they chose to drive their vehicle, and this apparently proves the negligence on both of their parts. Subsequently, Rebecca realized that the condition of Michelle was worse and was driving dangerously. This proves that Rebecca was aware that Michelle was not capable enough to drive on that particular night. Moreover, before when the drive back home commenced, Rebecca had already realized that Michelle was too drunk. Thus, it can be said that it would have been justified on her part not to accept the fact that Michelle would be driving. But she chose the other way round and accepted a ride home anyway . Thus, it can be conclusively said on this point that Rebecca contributed to the negligence. It is not being argued that there was no negligence on the part of Michelle. She owed a duty of care towards Rebecca, and she also made a breach of that duty care which any other reasonable, prudent person would not have made. It is also understood that all the damages that Rebecca faced were because of the negligence on the part of Michelle and there was no remote aspect to the problems undergone by her. But at the same time, it is also being argued here that Rebecca had a liability of contributory negligence in the matter because, in spite of knowing that Michelle was not competent to drive on that night, she chose to take the ride. Moreover, the risk that is associated with the matter is very obvious, and the acceptance of the risk by Rebecca also indicates the voluntary acceptance of the risk by her. Any prudent and reasonable person would have understood the risk that is being inflicted when Michelle is executing the act of drunk driving, and even then Rebecca herself acceded to the risk. This also substantiates the contributory negligence on the part of Rebecca that is being argued in the matter. Eventually, the car met with an accident, and Rebecca underwent several injuries including a broken leg. In such circumstances, even if Rebecca asks for compensation from Michelle for her injuries, those claims cannot be substantiated because of her contribution to the negligence of Michelle. Conclusion Thus, from the above discussion, it can be concluded on the following points: That Michelle is liable in the matter of negligence; That though Michelle is liable for negligence yet Rebecca cannot claim for the indemnification of losses from her because of her contributory negligence in the matter. References Bolton v Stone AC p.850. Charlesworth, J. and Percy, R. (2012).Charlesworth Percy on negligence. 9th ed. London: Sweet Maxwell. Claimsjournal.com. (2016). [online] Available at: https://www.claimsjournal.com/news/national/2014/01/02/242115.htm [Accessed 5 Sep. 2016]. Cooke, P. (2007).Law of tort. Harlow: Longman. Fletcher, G. (2008).Tort liability for human rights abuses. Oxford: Hart Pub. Gnych v Polish Club Limited HCA p.23. Hobartlegal.org.au. (2016).Defences to the Tort of Negligence | Hobart Community Legal Service. [online] Available at: https://www.hobartlegal.org.au/tasmanian-law-handbook/accidents-and-insurance/negligence/defences-tort-negligence [Accessed 5 Sep. 2016]. Marcolongo v Chen HCA p.3. Oberdiek, J. (2013).Philosophical foundations of the law of torts. Salmond, J. (2011).The law of torts. London: Sweet Maxwell.