HUMAN SMPILEX VIRUS TYPE 1 Article Example | Topics and Well Written Essays - 750 words

HUMAN SMPILEX VIRUS TYPE 1 - Article Example Moreover, insofar as the Cleveland case was concerned, its presentation in a respected medical journal did lend the required air of credibility. Another link between changes in the immune system, a cofactor (psychological stress), and the recurrence of disease (in this case, genital herpes) was established in 1985 at the University of California at San Francisco, where health psychologist Margaret Kemeny evaluated 40 persons with genital herpes over a six-month period. She analyzed several variables, including measures of stressful life events (daily hassles, anticipated stress), life goals, coping measures, social support, and changing health habits. Blood samples were drawn from the subjects each month so that the investigators could look at possible stress-induced immunological changes. The laboratory diagnosis can help to determine culture of the virus, type of the virus, direct fluorescent antibody, chain reaction, skin biopsy, and other immunological methods which helps to determine anti-HSV antibody. Serological tests are also used for HVS-1 detection, but because of their high costs, they are not popular in medical practice. According to the preliminary findings, subjects with the highest levels of stress suffered the highest rates of herpes recurrence and had changes in their immune systems, notably in the number of helper T-cells in their blood. Moreover, the recurrences were most likely to occur in the month following a major stressful event -- such as the death of a family member, losing a job, failing an exam, or moving -- or in the month following the anticipation of a stressful event. If true, this would be a far greater threat than transfusion-related AIDS. Transfusion can also pass along one of the five members of the human herpes group, the cytomegalovirus (CMV), a slowspreading agent that can cause a mononucleosislike illness, birth defects, and infections in patients whose immune systems have been suppressed (Flint et al 2009). Human Simplex Virus - 1 Even without symptoms, the very possibility that the virus may have entered one's system is enough to paralyze a person with fear. If there is, indeed, as the researchers have shown, a direct association between stress and immune function, the intensity of that stress might very well determine whether someone who has had a questionable contact will develop AIDS or one of the diseases associated with it. On the other hand, as noted earlier, the consensus is that infection with the virus alone is enough to cause AIDS -- that it is the virus that severely damages the immune system, whether the system was previously impaired or not. There is, of course, strong evidence in support of this view. For instance, although there was clinical and laboratory proof of cellular immune dysfunction in each of the cases of AIDS that were turning up in homosexual men, investigators were learning that not all of the victims had a history of underlying immunosuppressive disease or therapy (Flint et al 20 09). According to epidemiological studies, "worldwide 90% of people have one or

Database design Essay Example | Topics and Well Written Essays - 500 words

Database design - Essay Example From the introduction, I learned that the idea of database management system arose as a result of the unending complexities associated with managing data using spreadsheet. Though the spreadsheet enables on to store various data, it is difficult to manage it because the data in different sheets are disjointed (Brathwaite, 2012). The spreadsheets do not a have tools which enables data which are related to be linked. I also learned about database management systems. These are software package or a set of programs that are used by the people to interact with the database system. These packages were developed because managing the database is a complicated and inherent task. The DBMS enable complete manipulation of the underlying database. The diagrams representing the interaction between the programs, user, database and database management system enabled me to internalize the database design concept. Considering the strength and weaknesses of the database, I realized that database system is inherently important to any organization which uses a computerized system. The advantages outdo the disadvantages by far. The henry books database case is an ideal case study for database design. It provides all the information required in designing a database system. The course also introduced me to relational databases and different low level programming features such as Query-By-Exam (QBE), simple and compound query criteria, database fields, tables and functional. All these are programming features used when designing and developing a database system. I also learned about different features used in manipulating data in the database system. These include and not limited to co sorting, joining tables, the use of update query statements, make table query, delete-table query, select, project data select and normal sets. The case study gave detailed illustrations of these database features. The course also introduced me to

Photosynthesis Lab Report Example | Topics and Well Written Essays - 500 words

Photosynthesis - Lab Report Example At that point the two factors that are kept constant will act as limiting factors and they will be limiting the further increase in rate of photosynthesis. Method: In this experiment we kept temperature as an independent variable. We cut a piece of elodea and kept it in a beaker of water and anchored it with a paper clip. We placed the lamp 7cm away from the beaker and the lamp was kept at this point throughout the experiment. In order to keep the concentration of CO2 constant we assumed that the CO2 in the water in the beaker remained same throughout the experiment. We changed the temperature of the experiment by changing the temperature of the water in the beaker. We obtained hot water in the beaker by pouring hot water from the kettle in the beaker and we obtained cold water by adding ice to the beaker. We measured the rate of photosynthesis by measuring the rate of oxygen given off by the elodea. In order to measure the volume of air given off we used a photosynthometer. In order to prevent bubbles to appear in the tubing of photsynthometer we kept the tubing in the water. We started out experiment with initial temperature of 40 ÂÂ °C. We used a thermometer to ensure that the temperature of water in the beaker was 40 ÂÂ °C and then placed elodea that has previously kept in dark into the beaker. We used a piece of elodea that was previously kept in the dark because this ensured that the plant had not been previously photosynthesing and it avoided us having unfair results. Once we placed elodea in the beaker we immediately started noting the time it took for 5mm3 of air to be trapped in photosynthometer. The average time taken at 40 ÂÂ °C was calculated and it was noted as 6.5 minutes. The experiment was repeated at different temperatures like 15 ÂÂ °C, 20ÂÂ °C, 30 ÂÂ °C. To ensure constant temperature was maintained during each experiment a thermometer was placed in the

Canon Company Introduction History and Culture

Canon Company Introduction History and Culture Index History of the company History of Logo Company Officers Corporate Organization Chart Company Business personal Business Office Professional Industry Achievements Why Canon is a Groundbreaking brand? Picture Gallery References History of Company. The company was started in 1930s. Now this company is one of the global leaders and the best market leaders in cameras, camcorders, printers and optical products. In past this company was originally named Seikikogaku Kenkyasho, meaning precision optical industry. The founded by Takeshi Mitharai, Goro Yoshida, Saburo Uchida and Takeo Maeda. Founders goal was to create Japans first-ever 35mm camera with focal plane shutter When these four founders couldnt purchase any necessary equipment, they made a camera with Nikon Corporation. They include Nikon lenses for the Canon cameras. Canon team made their first prototype of a camera for the first time in Japan. It was named as Kwanon. Over the years, the name switched from there to canon camera Co Inc. and Finally Canon Inc. in the 1960s. Canon Company always believed in ground breaking inventions. They started to thinking out of the box and they always applied their things with future in mind, therefore brand and business started growing rapidly. Canon started to take over the market. This company was always the first to launch something new to the world. After the canon foundation was established eventually. In 1934:- Canon make their first Camera Product, 35mm focal- plane-shutter camera. In 1935:- Their company registration with the trademark. In 1936:- They introduce their 35 mm focal-plane-shutter camera to the market. In 1937:- Precision Optical Industry, Co., Ltd. is founded. In 1939:- In-House production of Serenar Lens commenced. In 1940:- Japans first indirect X-ray Camera is developed by Canon. In 1942:- Takeshi Mitarai is appointed as president of Precision Optical Industry, Co., Ltd. In 1945:- They started to make midrange J ll focal-plane-shutter camera. In 1946:- The Ginza Camera Service Station opens and Canon Sll is introduced. In 1947:- The Company became Canon Camera Co. Inc. and Japan government gave their priority to canon when Japan resumed export activities. In 1949:- In this year canon ll B camera released. In 1951:- Serenar 50mm f / 1.8 lens is introduced. In 1952:- They launched the IV sb camera. In 1954:- They improved IV sb before the sale next stock. In 1955:- Cine 8T Movie Camera development began in this year. And they opened New York branch Office. In 1956:- They released Canon First 8mm Movie camera Cine 8T. In 1957:-Canon Europa, is established in Geneva. In 1958:- They introduced zoom lens for television broadcasting. In 1959:- They introduced their first SLR camera Canon Flex. And Canon Reflex Zoom 8 was born. In 1960:- They developed a magnetic head for use in VTrs. And they entered the market for magnetic heads. In 1962:- They developed their five year plan entry into the business machine market. And they developed the R lens for SLR cameras. In 1963:- They started their works on optical fiber development. And they introduced X-ray mirror camera. In this year they introduced Canon Demi pocket camera. In 1964:- this year FL lens series to replace the R lens, its get the same appearance of FX system. And they opened Tamagawa factory producing 8mm movie cameras and lenses. The main thing was Canola 130, the worlds first 10-key electronic calculator they introduced. In 1965:- This year they enter the photo-copying machine field with the introduction of the Canofax 1000. And they established Canon U.S A. Inc. In 1967:- This year was the 30th anniversary of the canon slogan. And they established Canon Latin America, Inc. In 1968:- This year they established canon business machine sales Inc. in Japan. They introduced their NP system the original electro-photography technology. And also they introduced the plain paper copier to market. In 1969:- This year they changed their company name to Canon Inc. Furthermore they established their Fukushima camera manufacturing plant. In 1970:- This year Canon introduced their NP-1100 Japans first plain paper copier to the market. In 1970 year they introduced their first mask aligner PPC-1. In 1971-1980 Canon Company started their four organizations marketing their canon brand and their production equipments in New York, Philadelphia, Chicago and Los Angeles. In 1980-1999 Canon company make new standards for Color, Black and White and fax technology. End of the 1990s all four sales companies purchased by CANON U.S.A. In 2000-2010 this time period Canon U.S.A their four foundational companies changed their marketing tricks. In 2003 New York and Philadelphia sub companies merged with canon business solutions, Inc. In 2008 three regions officially combined with the Canon Business Solutions, Inc. This combined strength give the best effort to go better position Canon. Canon Business Solutions opened more than 50 offices around the U.S country. Because they wanted to give the best service for their valuable customers. In present: Canon U.S.A Company merged with North America Canon Business Solution to from one of the largest imaging business to business sales organization in the world. This merged company named as Canon Solutions America, Inc. History of Logo The logo canon holds such meanings. It effectively shows Canons corporate spirit, this aims to set a global standard for advanced technologies and service while becoming a top in the industry to which will direct ones hopes or ambitions towards achieving something. The Canons logo, introduced in 1935. Although it changed allover to present logo as company grows. Without being affected these modifications, the strong character without absorbing it in the sweeping inward stroke of the C has remained intact from the day that the company was founded. Make great efforts to achieve for consistent behavior in communication since day one has greatly contributed to the worldwide. The present canon logo contains a vivid red color, although it has undergone for a number of changes before it reaching the present logo. In 1933, when precision optical instruments laboratory was established, they use the name Kwanon to cameras manufactured on the trails basis at this time. This title reflected the quality of being well meaning of Kwanon, the Buddhist Goddess of Mercy, and include the companys vision of creating marvelous magnificent cameras in the world. The logo also represent the image of the Goddess kwanon with 1000 arms and flames. When the company attempt to find to begin full-scale marketing, it needed a fantastic brand name that all the people will accept in the world. So, for this an attitude to a particular issue, in 1935 the name Canon was registered as the official trademark. This word Canon has a number meanings such as scriptures, criterion and standard. The trademark therefore showing the qualities that deserve the specified action of a company involved with fact of being exact and accurate equipment, where accuracy is fundamentally important. It is also be an expression of the companys desire to meet world-class principal and industry standards. Although these both words Canon and Kwanon had the same pronunciations, the transition went smoothly. A designer specializing in advertising created the original Canon logo in 1935. The C was exclusive in that its top end curved inward, ending in a sharp point. This style of particular design of type did not then exist in Europe or North America. The Canon name and logo were designed to show the companys global prospect, which it adopted right from beginning to the present. In 1947, Precision Optical Instruments Laboratory underwent quite a few name changes before the adoption of Canon camera Co, Inc. This change was important in that Canon brand and company names were unified for the first time in its history. Several versions of logo were also used, until a unified version was created in 1953. After further clarification, the logo of present was perfected in 1955, it has remained unchanged for nearly half a century. Company Officers CEO Fujio Mitarai President Masaya Maeda Executive Vice PresidentToshizo Tanaka Senior Managing Director Shigeyuki Matsumoto Audit and SupervisorsMakoto Araki Kazuto Ono Executive Vice Presidents Yoroku Adachi       Toshio Homma Senior Managing Executive OfficersHideki Ozawa Seymour Liebman Rokus van Iperen Managing Executive OfficersYasuhiro Tani Kenichi Nagasawa Naoji Otsuka Hiroyuki Suematsu Shigeyuki Uzawa Masanori Yamada Aitake Wakiya Akiyoshi Kimura Eiji Osanai Masaaki Nakamura Akio Noguchi Ryuichi Ebinuma Yuichi Ishizuka Kazuto Ogawa Executive Officers Shunsuke Inoue Takayuki Miyamoto Katusumi Lijima Soichi Hiramatsu Kazuhiko Noguchi Masato Okada Yoichi Iwabuchi Hiroaki Takeishi Takashi Takeya Nobuyuki Tainaka Takanobu Nakamasu Toshihiko Kusumoto Akiko Tanaka Go Tokura Ritsuo Mashiko Hissahiro Minokawa Noriko Gunji Canon Organization Chart Company Business Canon Company have wide range of businesses around the world. They specialize in image and optical products, camera, photocopiers and printers. Canon Company has become a leader in digital imaging, office printers, copiers, fax machines, and broadcasting equipment. They have more than 200 companies worldwide. They have some business types. *Personal *Office *Professional *Industry these are the categories of their business. Personal They have many products under this. For a person who want to capture the moments, scenes from travels, special occasions, Canon Company develop the best products for these things. These are the some products they have, Interchangeable Lens Digital Cameras Digital Camcorders Digital Camcorders Connect Stations Inkjet Printers Office Canon Company have high-quality printers and products for office use. And also they have software solutions and cloud-based document services and other technologies. Canon Company offers wide range of tools and products for office work environments. Laser Printers and Multifunction Printers Large Inkjet Printers Multimedia Projectors Business Inkjet Printers Professional Canon professional use products are made with high technology. Their professional cameras provide high image quality. Canon image products earned the trust of the top professionals in world. In the medical field their imaging technologies deliver the best support. These are some products at Professional level. Digital Cinema Cameras Professional Displays Ophthalmic Equipment Digital Radiography Professional Photo Inkjet Printers Industry Canon Company produces the high-performance, high-image-quality industrial equipment. They have many products in this category, these are some of their products. Digital Production Printing System 3-D Machine Vision Systems Semiconductor Lithography Equipment Commercial Photo Printing MR Systems Achievements Since the beginning of Canon Company in 1930, it has achieved many things so far in its journey of nearly 86 years till now. This multinational company is recognized as one of the greatest companies because of its great achievements. Canon achieved greatness in several areas which they develop their products to. They achieve so many things mainly because of world known quality of their product. Canon Company achieved productions of its interchangeable lenses surpasses 100 million mark as worlds first in 2014. Canon Company celebrated production of 110 million interchangeable EF lenses in 2015. Canon Company celebrates production of 50 million EOS-series SLR cameras. Canon Company wins five Winter pick Awards in 2015 K-35 Macro Zoom Lens K5 * 25 win Scientific or Technical Award U.S Academy Awards in 1973 EF35-350mm USM Best Lens in Europe, TIPA European Photo and Video Awards in 1993 Canon Eye Focusing Control Win Best Technology and Design In Europe, TIPA European Photo and Video Awards. EOS-IV TIPA Best SLR Camera in 2000 and also it win European Professional Camera of the year. DIGITAL IXUS TIPA Best Digital Compact Camera, TIPA Best European Photo and Imaging Awards in 2001 EOS- 1D TIPA Best Digital Camera In 2002 EOS-1Ds Camera of the year and EISA European Professional Digital Camera of the Year in 2003 EOS-1D Mark ll TIPA Best Professional Digital SLR Camera and EISA European Professional Digital Camera Of the year in 2004. EOS-1Ds Mark ll TIPA Best D-SLR Professional Digital Camera in Europe in 2005. EOS 5D EISA European Professional Camera of the year and TIPA Best D-SLR Professional in Europe 2006 EOS-1D Mark lll TIPA Best D-SLR Professional in Europe and EISA European Professional Camera of the year in 2007 EF-S55-250mm TIPA Best Entry-Level Lens in Europe in 2008 EOS 5D Mark ll, Camera of the year and European Advanced Camera EISA Awards in 2009 EOS 7D TIPA Best DSLR Expert and EISA European Advanced SLR Camera in 2010 EOS 600D TIPA Best Entry Level Product and European Camera of the Year in 2011 EF70-200mm f2.8L IS ll USM TIPA Best Professional Lens in 2011 EOS 1D X Best DSLR Professional TIPA Awards and iF Product Design Awards in 2012. And also EOS 5D Mark lll Best Video DSLR TIPA Awards and European Advanced SLR Camera in 2012. EOS 6D Camera Journal Press Award , Good Design Award, Best DLSR Expert TIPA Awards in 2013 EOS Remote Smartphone App Good Design Award 2013 Canon 70D Bes DSLR Advanced TIPA Awards and Camera Journal Press Award in 2014 EOS 7D Mark ll European Prosumer DSLR Camera EISA award , Best DSLR Expert TIPA Awards in 2015 EOS 5Ds, EOS 5Ds R European Professional DSLR Camera EISA Award in 2015 EOS-1D X Mark ll Best photo / Video Professional Camera TIPA Awards and European Professional DSLR Camera EISA Awards in 2016 Why canon is a Groundbreaking brand? Whats groundbreaking about canon brand is that it always sets new standards in areas which they develop their products to. They always try to include new technology in their products and let customers experience things that they never experienced before. Since they developed their first camera in 1930, they had a vision to improve quality and to produce better products than its rivals. This journey is very special as canon always tried their best to provide quality product to their customers. Picture Gallery References https://www.dpreview.com http://www.robgalbraith.com/ http://cmu1.jp.canon.com/camera-museum/history/canon_story (Translated to english version in chrome translator) http://www.kaisyahakken.metro.tokyo.jp/success/example/ (Translated to english version in chrome translator) http://www.canon.com/technology/approach/history/op-tech.html http://sgalagan.com/canon-company/ http://www.canon-bm.com.ph/index.html http://www.kenrockwell.com/canon/fd/ae-1-program.htm http://www.medwow.com/med/retinal-camera/canon/cr-45nm/61243.model- spec http://uk.iofc.org/ryuzaburo-kaku-1926-2001 http://www.mrmartinweb.com/35mmslrauto.html http://petapixel.com/2011/03/23/evolution-of-canons-name-and-logo/ http://digital-photography-school.com/printers-laser-vs-inkjet/ https://shop.usa.canon.com/shop/en/catalog/connect-station-cs100 http://www.camerahouse.com.au/products/Compact-Cameras.aspx http://www.winuxsolutions.in/products.php?pg=pfname=printersscanner id=yes https://www.usa.canon.com/internet/portal/us/home/products/details/digital-radiography-fluoroscopy/digital-radiography-solutions/radpro-urs-universal-radiography-system http://www.japanbullet.com/technology/canon-pixma-pro-10-professional-photo-inkjet-printer https://www.usa.canon.com/internet/portal/us/home/explore/product-showcases/industrial-products/litho-products http://global.canon/en/c-museum/history http://www.canon.co.uk/about_us/press_centre/press_releases/industrial_products_news/optrafair_2015.aspx

ASPECT OF CONMTRACT Essay

Understanding the essential elements of a valid contract in a business context P1.1. Explain the importance of the essential elements required for the formation of a valid contract There are several important elements in order to form a valid contract. 1. Offer and Acceptance.- In order to create a valid contract , there must be a ‘lawfull offer ‘ by one party and ‘lawfull acceptance’ of the same by the other party 2. Intention to Create Legal Relationship- In case,there is not such intetion on the part of partyes, there is not contract. Agreements of social and domestic nature do not contemplate legal relations .Case ; Balfour vs Balfour (1919) 3. Lowfull Consideration. Consideration has been defined in various ways Acourding to Blackstone † Consideration is recompense given by the party contracting to another † in other words of Pollock† Consideration is the price for wich the promise of the another is brought †Ã¢â‚¬ ¦Ã¢â‚¬ ¦.consideration is known as quid pro-quo or something in return 4. Capacity of Parties ;The parties to an agreement must be competent to contract. If either of the parties does not have the capacity to contract , the contract is not valid Accourding the following persons are incopetent to contract ; a -miners, b-persons of unsound mind c-person disqualifield by low to wich they ar subject 5. Lawfull Object.; The object of an agreement must be valid . Object has nothing to do with consideration it means to purpoase or design of the contract. This when one hires a house for use of a gambling house , the object of the contract is to run a gambling house 6. Legal formailities ; An oral Contract is a perfectly valid contract espect in those cases where writing registration etc,is required by some statute, in India writing is required in cases of sale, mortgage lease and gift on immovable propriety, negociable instrument etc 7. Certainity of Meaning; Acourding to Section 29; Agreement the meaning of wich is not Certain or capable of being made certain are avoid 8. Posibility of Performance; If the act is imposible in itselfe physically or legally if cannot be enforced at law. For example Mr A agrees with B to discover treasure by magic. SUCH agreements is not enforceable P1.2. Discuss the impact of different types of contract A contract is an agreement between two parties that must include an offer , an acceptance and a consideration .There are a variety of different types of contracts used for different purposes, in addition, certain types of contracts may be more popular in one jurisdiction than in another Bilateral and unilateral implied, viodable,executory and oral contractat are among the common types of contracts used throughout the world Bilateral contracts make up the majority of the contracts drafted. A bilateral contract consists of tho parties who are under an obligation to do something or refain from doing something. For example a contract for the sale of goods is a bilateral contract. The buyer promises to purchase the product and, in turn, the seller promises to supply the product P1.3. Analyse terms ic contract with reference to their meaning and effect The terms of an agreement may be so vague and indefinite that in reality there is no contract in existence at all. (Scammell v Quston (1941)). The presence of a vague term will not prove fatal in every case. The contract itself may provide any disputes about the operation of the agreement can be resolved. (Foley v Classique Ltd (1934)). A court can ascertain the terms of a contract by reference to a trade custom or a course of previous dealings between the parties. (Hillas & Co Ltd v Arcos Ltd (1932)). A meaningless term which is subsidiary to the main agreement can be ignored and the rest of the contract enforced. (Nicolene Ltd v Simmonds (1953)). Express terms, are the details of a contract which have been specifically agreed between the parties. (Harling v Eddy (1951)). There are a number of express term that feature a standard contract such as exemption clauses, liquidated damages clauses and price variati on clauses. This terms can effect a contract. For example liquidated damages clause can affect the term in a contract, because it lays down the amount of damages that will be payable in the event of a breach of a contract. Cancelation charges are an example of a liquidated damages clause. Implied terms, represent addition terms that are implied into an agreement. Those can be by custom (Hutton v Warren (1836), by common low (The Moorcock (1889)), or by statute. The most common being the sale or supply of goods Act 1979. Be able to apply the elements of a contract in business situations P2.1. Apply the elements of contract in a given business scenarios In the business scenario 1, at an auction sale the call for bids by an auctioneer is an invitation to treat, the bids are offers. The auctioneer selects the highest bid and acceptance is completed by the fall of the hammer. (Payne v Cave (1789)). Advertising a forthcoming auction sale does not amount to an offer to hold it. (Harris v Nickerson (1873)). An offer can be revoked at any time before the acceptance but it will only be effective when the oferee learns about it, and it is not necessary that the oferor himself should tell the oferee that the offer has been revoked. (Dikinson v Dodds (1876)). The case study shows that the offeror was Montblanc auction and Harry, Miss Kaur the oferee shown the intention to bid for pen fountain at Montblanc auction, willing to travel to Manchester for it, and she also shown intention to buy pen fountain from Harry but she did not decided 100%, therefore, even though the offer was expre ssed to be open until after lunch break, such offer can be revoked before the end of the time limit, because Miss Kaur did not agreed with the offer. A promise to keep an offer open will be binding if it can be enforced as a separate contract. A legally binding option will be created if the oferee provides some consideration in return for the offeror’s promise to keep the offer open. (Mountford v Scott (1975)). In the case study, Miss Kaur could have paid a deposit in advance to make sure she could still have the pen fountain. Consideration was shown between Harry and Miss Kaur, and each side promise something to the other party. This was not the case with the Mountblanc Auction, even if the auction for the pen collection supposed to be open, the parties did not enter into a consideration. Intention, the low is not concern itself with purely domestic or social arrangements. The parties must have intended their agreement to have legal consequences. In the first case Mountblanc auction showed the intention to offer for bid the pen fountain, and this was mention in the list of items to be auctioned, but because of one or another reason this was cancelled. On the other hand Harry shown the intention to wait until after lunch for Miss Kaur, but because it wasn’t any written contract between them, he decided to sell his pen fountain with a better price of  £1000, breaching the informal contract that he had with Miss Kaur. In the context of contract low, Miss Kaur cannot take any action against the auctioneer for the expense of her travel to the auction and she cannot take any action to  Harry for not selling the fountain pen to her. Business scenario 1, shows that the agreement between Charles, owner of a house, and Murphy, who supposed to make renovation in the house by a set amount of money ( £50.000), at a specific date. Secondly, consideration is shown in the case study where both parties agreed to give something in return. Charles agreed to pay  £50.000 for the house renovation, and Murphy agreed with the sum initially. Intention, is shown when Murphy asked for an increase in salary in order for the job to be done in time, even if Charles agreed initially, than he turn his back on the offer that he made, respecting only the legal terms from the contract. In this situation Murphy can’t make any legal action against Charles. Capacity, in this case both parties where capable of fulfilling their commitments. Charles paying for the service, Murphy capable of doing the service. Genuineness of cons cent appeared between parties, when the initial contract was formed. Here was the time for Murphy to argue for an increase in salary, and not at a later date. Legality element of the contract is present, because it is nothing illegal or contrary to public policy. P2.2. Apply the law on terms in different contracts A standard form contract (sometimes referred to as an adhesion or boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favourable terms and is thus placed in a â€Å"take it or leave it† position. Examples of standard form contracts are insurance policies (where the insurer decides what it will and will not insure, and the language of the contract) and contracts with government agencies (where certain clauses must be included by law or regulation). For example MetLife insurance company, has the terms of the contract are contained in a written document, the parties will be quite clear about what they have agreed to and this is likely to minimise the possibility of disputes a later stage. For example MetLife can make a contract of a life cover with a minimum of  £7, in which the client would know the standard terms and condition stipu lated in the contract. It would be very time- consuming to negotiate individual terms with every customer, because the company is offering a standard service to a large number of people. Standard form, business-to-consumer contracts fulfil  an important efficiency role in the mass distribution of goods and services. These contracts have the potential to reduce transaction costs by eliminating the need to negotiate the many details of a contract for each instance a product is sold or a service is used. However, these contracts also have the ability to trick or abuse consumers because of the unequal bargaining power between the parties. For example, where a standard form contract is entered into between an ordinary consumer and the salesperson of a multinational corporation, the consumer typically is in no position to negotiate the standard terms. As example MetLife representative often does not have the authority to alter the terms, even if either side to the transaction were capable of understanding all the terms in the fine print. These contracts are typically drafted by corporate lawyers far away from where the underlying consumer and vendor transaction takes place. The danger of accepting unfair or unconscionable terms is greatest where these artful drafters of such contracts present consumers with attractive terms on the visible or â€Å"shopped† terms of most interest to consumers, such as price and quality, but then slip one-sided terms benefiting the seller into the less visible, fine print clauses least likely to be read or understood by consumers. For example a customer of MetLife can be assured for accident protection, but there are only a specific accident that the company may cover the client. In many cases, the consumer may not even see these contracts until the transaction has occurred. In some cases, the seller knows and takes advantage of the knowledge that consumers will not read or make decisions on these unfair terms.(Standard Form of Contracts, 2014). P2.3. Evaluate the effect of different terms in given contracts In the business scenario 4, terms stipulated in the contract are the payment for the research assistant ( £25000) and the working hours, witch in this case are â€Å"whatever hours are necessary to complete the assignments given to her†. Section 1 of Employment Rights Act 1996 that in fact requires the employer to state the amount of hours worked by the employee. Disciplinary procedures had to be insert in the terms of a contract, where, for example Miss Y had to receive a number of warnings that will be given to her before suspension or dismissal, for her behaviour of wearing trousers and not a dress, on the morning of 2nf June. Because of this terms of the contract, Miss Y can  appeal to grievance procedures that relate to complains in regard to any aspect of the employment with witch the employee is not satisfied. In this case dismissal for asserting the right is automatically unfair and there is no service requirements by reason of section 104 of the ERA 1996. (Riches, S. & Allen, V. 2011). Under the Employment Act 2002, Miss Y can claim compensation for unfair dismissal. She can also claim because of the Working Time Regulation (SI 1998/1833),where is stipulated that the employee has a maximum of 48 of work a week, a daily rest of period at least 11 consecutive hours in 24 hours, and in work rest break of 20 minutes for those working more them 6 hours daily. Miss Y, could also claim compensation and Health and Safety at Work Act 1974, if the court finds that she receives medical treatment for depression due to the employment environment. Understand principles of liability in negligence in business activities P3.1. Contrast liability in tort with contractual liability Tort liability arises out of a civil wrong, for example, people who do business, sole proprietor or in a partnership are liable for the torts committed by themselves and for torts committed in the course of the business by their agent and/or partners. However, one may avoid tort liability for the acts of business associates if they operate their business as a corporation or a limited liability company. Thus, the choice of entity is too perceived to have potential benefit if one is concerned about limiting one’s tort liability. Regardless of what type of business organization a person is liable for torts committed by himself, if for example he/ she is driving the company vehicle and are involved in an accident the other party is liable if he/she negligently operated the vehicle whether he/she operate as a corporation, partnership or sole proprietor. (Business Law, 2014). Contractual Liability, appears when a corporation or a limited liability company may protect one’s pe rsonal assets should the operator incur a significant contractual liability from the business operation. For example, a building contractor signs a contract to construct an office building for a business client and fails to meet the contractual deadline, the business client holds the contractor liable for consequential damages – profits lost for the time the client is not able to occupy the new building. Particularly in the construction area, contractual  liability may exceed simply the contract price. So long as one does not personally guarantee the contract of the business entity, his or her personal assets, assets owned outside the corporation or LLC, are protected as the corporate operator should not be personally liable for the corporate debts, contracts and contractual liabilities. Often, however, people dealing with corporations demand that the principals of the corporation personally guarantee the contracts. (Business Law, 2014). P3.2. Explain the nature of liability in negligence Liability of negligence appears when a claimant is able to prove that: â€Å"the defendant owed him a legal duty of care; the defendant was in breach of their duty; and the claimant suffered injury or loss as a result of the breach†. (Riches, S. & Allen, V. 2011:348). For example a producer of goods may be liable to a consumer for loss and damage caused by his defective product under the tort of negligence. A consumer must establish the manufacturer owed him a duty of care. In Donoghue v Stevenson (1932) case, House of Lords established the principles that a manufacturer was a duty of care to all persons who are likely to come into contact with his goods. The breach in duty occurs if the fallowing factors such as the like hood that the damage or injury will be incurred, the serious of any damage or injury, the cost and ease of taking precautions and the social need for the activity. (Balton v Stone (1951). In the final part the claimant has to prove that he suffered damage if this damage was caused by a negligent misstatement as in the case of Hedley Byrne & Co Ltd v Heller and Partners Ltd (1963), or it was consequent upon foreseeable physical injury or damage to property such in the case of Junior Brooks Ltd v Veitcho Co Ltd (1982). P3.3. Explain how a business can be vicariously liable Employers can be held vicariously liable for acts of negligence or omission on the part of their employees in the course of employment even if the employer did not authorise or was unaware of the acts in question. To mount a successful defence, an employer must demonstrate either that the employee was not negligent or that the employee was acting in an individual capacity unrelated to the business of the employer. In some circumstances employers may also be liable for the misdemeanours of their independent contractors or  workers employed by a third party, such as an agency. For example, this applies where the employer authorises the wrongful act or had overall responsibility that could not be delegated. For example an employee that works for a catering agency, who does wrong doing at one of the clients that the agency is sending him to work for, the agency can be responsible for. The main deciding factor as to which employer has the responsibility for a sub-contractor or agency worker is that of ‘control’. The employer who gives direction and instructions for the work to be conducted will usually be the one to bear responsibility for misdemeanours carried out during the course of that work. If more than one employer can be identified as having control over the work of the employee then the principle of dual vicarious liability may apply. This is a principle introduced by the decision of Lord Justice May in the recent case of Via systems (Tyneside) Limited v Thermal Transfer (Northern) Limited & Others. The case involved compensation for a flood at a factory which had been caused by the sub-contractor of a sub-contractor. In his ruling, Lord Justice May decided that more than one employer could be subject to a claim and that the amounts awarded should be split equal unless it could be clearly demonstrated that one party bore more of the responsibility than the other. This courageous decision overturned the principle established in Laugher v Pointer in 1826 that only one employer could be held vicariously liable. (Vicarious Liability, 2014). Be able to apply principles of liability in negligence in business situations P4.1. Apply the elements of the tort of negligence and defences in different business situations The tort of negligence is concern with certain kinds of careless conduct with cause damage or loss to others. As explain in task 3.2. There are three factors to consider. Firstly duty of care, if this duty is break and if the other party suffered any damages. In the Business Scenario 5 it is presented the fact that a UK ship was taking oil in Sydney harbour, spilling oil in the water, and because of a spark it set fire to a wharf witch was at 200 yards distance. The case also shows that safety precaution were taken but does not explain how. On the one hand, it can be argued therefore that the duty of care of the UK ship was broken, because the ship supposed to take more precautions on the duty of care and harm any neighbour. The defendant has break their duty of care  because the likelihood of an accident such as this could be foreseen. On the other hand, it can be argued that the defendant can claim â€Å"res ipsa loquitur†, witch mean that the facts spick for themselves, and it can be prove to court that the UK ship took enough safety precaution to avoid any accident, therefore the defendant would not be seen as negligent. The condition must be satisfied for res ipsa to come to play are in case of the event which caused the accident must have been the defendant’s control, witch in this case can be argued that it was, and the accident must be in such nature that it would not have occurred if proper care had been taken by the defendant, witch again could be argued that the ship took enough safety precaution. The damage that occur after this accident was that the claimant suffered damaged on his wharf, thereby he has to prove in court that this damages was made as a consequences of the UK ship actions in the harbour. In the case of Business Scenario 6, the negligence was made by Shell, because they had failed to provide protection goggles to Bell while he was working in spite of the fact that this was not a normal practice at the firm. Negligence was also made but the employee Bell, because firstly he supposed to protect himself especially because he had lost one eye, and he could have been more precaut. The breach of duty was made by Shell, because the job that Bell has implied vehicle maintenance, and while working with materials such as metals, the company should have provided protection for Bell under the Consumer Protection Act 1987. Bell, can therefore claim compensation for its employee negligence towards him, because he suffered injury while working at Shell Company. P4.2. Apply the elements of vicarious liability in given business situations Low states that an employer is liable for damage caused to another person by his employee, while the employee was caring out his work. The employer is liable even though he was not in any way at fault, and this rule even if seems to be unfair for the employer, it is based upon the law and policy. Employer and employee are regarded as â€Å"associated parties† in the business in which both are engaged. In the Business Scenario 7 and 8, Alf and Amos Bridge breach their contractual duties, therefore because they were acting at work, the employer is automatically consider guilty as well by the court. References: 1. Business Law, Available at: http://pullman-wa.com/law/businessLaw.htm, [Accessed on 12.03.2014]; 2. Riches, S.& Allen, V. (2011), Keenan and Riches’ BUSINESS LAW, 10th (ed), Pearson: London; 3. Standard form Contracts, Available at: http://faircontracts.org/what-are-standard-form-contracts, [Accessed on 15.03.2014]; 4. Vicarious Liability , Available at : http://www.uktrainingworldwide.com/BB/VicariousLiability.htm; [Accessed on 13.03.2014];

Comic Outline

Shays Rebellion brought debates over the constitution. People were fighting about Shays Rebellion because they were unhappy. They were unhappy because they believed they were not getting the freedoms they deserved. Shays Rebellion got Its name after a guy named Daniel Shay. He was a farmer who refused to pay taxes on his land because he believed he should not have to. So, when they came to take it away he put up a fight.Daniel Shay rebelling gave others the guts to stick up for what they wanted as well. This was being discussed In the court because people started to voice their disagreements with The Articles of Confederation since Daniel Shay did. Block 2-After Shays Rebellion This block shows where the next convention took place. There was obviously a problem with the articles. Originally the meeting was to fix the articles, but instead they created something completely different. Block 3-Articles of Confederation The third block represents the constitutional convention and people arguing about whether or not the U.S government should be ran on The Articles of Confederation. It was written so that the united States had rules to abide by and to finally have some of their own law In order. The Articles had many problems with It though, With It congress has no right to tax, they also had no power to regulate foreign and interstate commerce, there was no national court system, and several others. Block 4- Virginia Plan The fourth block Is showing representatives of Virginia coming up and having a plan that they believe will solve a ma]orally of the Issues.The purpose of the Virginia Plan was to protect the large states' interests in the new government. Many smaller states disagreed with this. Block 5-Virginia Plan Problems This block represents the problems with the Virginia Plan. Obviously the main Issue which all the delegates could tell right away was the unfair advantage the larger states got. They had this idea that every state would only have two representa tives which was not in the smaller states favor again. Block 6- New Jersey Plan The sixth block has delegates coming up to the stand to speak on behalf of the reports of the New Jersey Plan.In this block It also shows how Connecticut also had a plan yet it was ignored and was not even acknowledged. That is showed by the delegate representing the Connecticut Plan with his hand up yet not being acknowledged. The NJ Plan was brought up after the Virginia Plan, it was a way for the smaller states represent themselves and to also make sure that they got the liberties that they needed. Under the NJ Plan Congress had the power of setting and collecting taxes which some looked as good and others viewed as a negative.Block 7- Problems with the NJ Plan This block continues with the NJ Plan being discussed but people now are beginning to bring up the good and bad points on it, bad Including each state having the same number of representatives. Meaning a small group would have the same number a s 1 OFF possible to pass laws some laws that not all the people would agree with. Block 8- The Great Compromise The eighth block shows The Great Compromise finally being adopted after a week and a half and tons of discussion on July 16th.The Great compromise was a ambition of the New Jersey Plan and the Virginia Plan featuring the fact that none of them had enough good things about them for it to be adopted by itself. It can also be known as The Connecticut Plan because while coming up with it Connecticut finally got a voice. Block 9- How Great compromise led to the constitution Well first off it had a big impact on all states. They all agreed that they should have two senators and that they should have an equal amount of representatives. Which was a plus that they finally agreed on that because in both plans they had different opinions on that topic.When it was passed it brought hope and spirit to the people of the U. S. That hope helped to lead the idea of the Constitution. Block 10-The â€Å"Real Revolution† After The Great Compromise being accepted finally it solved several issues and allowed the states to finally have a government that seemed reliable. The Real Revolution was more than the War of Independence. It began before the war with Britain and it lasted until after due to the fact that it was a revolution worth fighting for. So, this block shows people getting along and agreeing happily for the first time in a long time.

Adult Prisons Essays - Criminology, Penology, Free Essays

Adult Prisons Essays - Criminology, Penology, Free Essays Adult Prisons Abstract A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juvenile to the adult or criminal court is made in a transfer hearing. The two major criteria for waiver are the age of the child and type of offense alleged in the petition. Some jurisdictions require the child to be over a certain age and charged with a felony, while others permit waiver if the child is over a certain age regardless of offense. Still yet, others have no conditions. Juveniles can be tried in all stated in one of three ways: 1. Concurrent Jurisdiction: the prosecutor has the discretion of filing charge offenses in either juvenile or criminal court. 2. Excluded offenses: the legislature excludes from juvenile court jurisdiction certain offenses that are either very minor, such as traffic or fishing violations, or very serious, such as murder or rape. 3. Judicial waiver: the juvenile court waives its jurisdiction and transfers the case to criminal court. Barry Feld, Juvenile Law Scholar, suggests that waivers to adult court be mandatory for serious crimes. Those espousing the crime control model believe that the overriding purpose is protection of the public, deterrence or violent juvenile behavior, and the incarceration of serious youthful offenders in the adult criminal justice system. The rehabilitative justice model view this as an attack on the juvenile justice system, but crime control advocates consider such steps a necessary response to a rising juvenile violence rate. Life in Adult Prison The Southwest Multi County Corrections Center, a two-story adult jail is the largest maximum-security program for juveniles under federal authority. The BOP pays $99.80 a day for each juvenile. About half of the juveniles are over two hundred and fifty miles from home. Distance is on the main criticisms of putting juveniles in the BOP system. Most experts agree that for rehabilitation to succeed, families of jailed youths should be involved in their therapy and lives. Larry Beredtro, President of Reclaiming Youth International, address Obviously, the government needs to cease using nonregional placement for kids. My concern has been with the issue of the federal government placing kids hundreds or thousands of miles away from home. The facility Director Norbert Sickler says the facility helps pay travel expenses for some families and offers free accommodations in the area. We do encourage the kids to keep family connections both by writing and telephone also. The BOP does plan to hou se all federal juveniles within two hundred and fifty miles of their homes by fiscal year 2000. Staff attorney for the Youth Law Center says even that might not be good enough. He stresses the point that no strong after-care programs are set