Contract law exam Essay Example | Topics and Well Written Essays - 750 words

Contract law exam - Essay Example Mistake is another vitiating factor and it has be operative in order to render a contract void or voidable At common law it will render the contract void ab initio and nullify any property passed or obligations created.Mistake at equity may make the contract voidable for mistake which means that the contract has an option of being avoided and will be The law relating to mistake is not statutory and can be inferred from a number of case law.It has often been stated that the categorization of the types of mistake etc is confusing and should be reformed.The effect of mistake is that if the contract is void at law then the there is no remedy of specific performance available either.(Nutt v Read (1999) The Times, December 3.) Consideration is an integral part of a contract essentially what really makes an agreement a fully enforceable contract.It has been defined in many case law authorities such as the statement of Lush J. in Currie v Misa (1875) LR 10 Exch 153: " some right, interest, profit or benefit accruing to one party, or some forebearance, detriment, loss or responsibility given, suffered or undertaken by the other."Another has been given by Frederick Pollock, approved by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847, is as follows:"An act or forebearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable." Consideration is called "executory" where there is an exchange of promises to perform acts in the future and if one party makes a promise in exchange for an act by the other party, when that act is completed, it is executed consideration.The court will however not inquire into the quantity or value of consideration here (Chappell & Co Ltd v Nestle Co Ltd [1959] 2 All ER 701.).Secondly the law as it stands requires that the consideration must move from the promisee or that it was provided for him.Finally it does not have to move to the promisor.(Price v Easton (1833) 4 B & Ad 433). . Books consulted Gibson, A & Fraser, D 2007, Business Law, 3rd edition, Pearson Education, Australia D.G.Cracknell(2001)Obligations; Contract Law ,Old Bailey

Health Care Plan Models Essay Example | Topics and Well Written Essays - 250 words

Health Care Plan Models - Essay Example This can prevent all diseases related to increased intake of sodium. Such diet must be rich in fruits and vegetables, fresh food that contain low amount of the sodium, rich in potassium as it may decrease the effect of sodium in blood pressure, include less prepared food with high quantity of sodium. Also it is important to check the labels of the food products in the grocery and choose lower sodium food. Academy of Nutrition and Dietetics recommends 1500-2300 mg of sodium per day.1500 mg equals to 3.75 g or  ¾ teaspoons of sodium. The other possible option of overall reduction of salt intake of the population is sodium reduction in the communities programs. Centers of Disease Control and Prevention approved such program for 2013-2016. The main goals of this program to decrease sodium consumption reducing sodium in food establishments, monitoring of total sodium intake, working with food distributors, offering appropriate information on food for consumers, developing nutritional st andards. Therefore, it is quite necessary to control sodium consumption as it may reduce the risk of cardiovascular disease development and improve overall health of the

What Is Knowledge from the Meno Essay Example for Free

What Is Knowledge from the Meno Essay The opinions which we believe and are right, are called â€Å"true opinions†. According to Plato’s dialogue from The Meno, when true opinions remain stable they can serve equally as well as knowledge until people forget their opinion or change their mind some time later. Knowledge is â€Å"tied down† by giving the reasons why it is so. Opinions, even if beautiful, can â€Å"escape from a man’s mind† without justification. Moreover, opinions lead less reliability compare with knowledge (Gendler, Siegel Cahn, 2008, P344). Therefore, people should prefer knowledge to opinion since the former is more correct and lasts longer. Opinion functions as well as knowledge when the opinion is right or true. For instance, a person who does not know how to turn on the computer eventually turns it on by pressing buttons randomly. Thus, true opinion and knowledge work the same at this point. However, this true opinion may not be replicable or reliable over time. For this, the person would need the knowledge that computer start buttons contain a certain logo. Plato argues that knowledge is superior to true opinion. He says that true opinions are not willing to remain long, and they are not worth much, until one ties them down by giving an account of the reason why they are correct (Gendler, Siegel Cahn, 2008, P344). We can see that mere true opinion is not stable, and it can be fleeting. For example, we see the moon, and may first think that the moon shines by itself if we do not have any knowledge about this. The next day, if we do not see any moonlight, we may think that the moon does not shine by itself. Although the latter idea is correct, and could serve as well as knowledge for a time, our opinion can change unpredictably. On the other hand, if we have knowledge that the moon reflects sunlight, we understand that the moon does not shine by itself. Knowledge gives more consistency and predictablily than true opinion. Furthermore, opinions are weak because they can be influenced by feelings, and emotions can occur at any time, anywhere. For example, if I am in a good mood on a sunny day, I think my cat is cute when it is running around. If it rains the next day, the weather makes me annoyed, and I think my cat is naughty when it is running around. In this example, the opinion that my cat is naughty has no justification because the cat did not change its behavior to make it naughty. With justification and knowledge, people can develop civilization and improve their quality of life in areas such as space exploration, transportation, education and medicine. For example, without a foundation of reliable knowledge, we could not develop safe medicine or safe airplanes; the risk and expense of basing our lives on true opinion is too great, because it has not been justified. Plato has defined knowledge as having three components: truth, belief and justification. First, it must be accurate and we must believe it. For example, when we say this coffee is hot, it must be hot, and we must believe it is hot. Second, by justification, Plato means that we must have reasons explaining why it is correct and prove our idea. If not, it is an opinion rather than knowledge. However, if we can prove our opinion, it becomes knowledge. For instance, recent news said that an Italian experiment had unveiled proof that fundamental particles known as neutrinos can travel faster than light. As we know, in the past people thought the speed of light was the fastest. After the experiment had been conducted and evidenced the result, this new information led people to correct their old opinion because they had better justification. When we find out that our old idea is wrong and have a new idea with justification, the old idea no longer has justification. This is the reason why truth, belief and justification have to be involved in knowledge. In Plato’s view, true opinions function as knowledge only when people understand the reason behind the truth or have evidence of it. For example, if my sister holds a cup of coffee and walks into classroom, her classmates will probably think that the coffee belongs to her. This would be a true opinion if I had bought the coffee for her. On the other hand, people who had seen me buying the coffee for my sister would regard this information as knowledge. In sum, true opinion contains truth and belief, but it does not have justification. Plato illustrates this idea with the image of Daedalus’s statue. Daedalus is a skillful craftsman and artisan. His statues were so realistic that people thought it could run away. Therefore, Plato mentions the statue as a metaphor for true opinion which will be forgotten by people over time. â€Å"To acquire an untied work of Daedalus is not worth much, like acquiring a runaway slave, for it does not remain, but it is worth much if tied down, for his works are very beautiful (Gendler, Siegel Cahn, 2008). † The tied-down statue symbolizes knowledge, and the ropes are the reasons why, the justification. This metaphor perfectly shows the relationship between opinion and knowledge. Through reading Plato and his teacher Socrates’ dialogue, I understand the differences between opinion, true opinion and knowledge. I also found out why knowledge is more important than true opinion. Opinion will not be valid all the time. In contrast, knowledge is more stable because it contains justification, and therefore, is superior to true opinion. Plato’s basic definition of knowledge and its three parts provides a clear basis for further philosophical discussion, such as what is accepted as logical and solid justification.

Analysis of Home Based Aquaponics System

Analysis of Home Based Aquaponics System RESEARCH METHODOLOGY This chapter outlines the rationale for the research approach adopted and how the detailed analysis of a specific home based aquaponics system is undertaken. The methods for data collection and analysis that is used is as well described. The overall design and structure of the study was driven by the need to fill the gap that exist in the study on home based aquaponics systems in Mauritius. Also, the only home based aquaponic practitioner’s system identifed was closely studied, so as to allow for solid findings and a well-grounded analysis. However, it reflects as well on the limitations of the research methods and how these might affect the findings and conclusions. In this study, the qualitative research using case study analysis is chosen as the appropriate method as it enables to answer the research questions. The qualitative method helps in preparing a careful planning of a research design that encompasses all aspects of the study, from research questions to data collection and analysis. To this effect, qualitative research is chosen using the case study method in order to collect rich, descriptive data on aquaponics. Nevertheless, studies on aquaponics have found that qualitative research results can differ from quantitative results, highlighting the importance of exploratory qualitative data collection for a holistic understanding (Conroy, 1999; Conroy Walker, 2000). Following thorough research on internet and with government authorities and other institutions having insights of the field of aquaponics, only one home based aquaponic practitioner has been identified. He was contacted through Facebook social networking and some informal interviews were undertaken through online communications, following which a formal meeting was scheduled at his premise in order to study his backyard aquaponics system. Indeed, from the close analysis and structured interview undertaken with the aquaponic practitioner, valuable information is gathered regarding his aquaponics system, complete designs, scale, production rates, management practices and water testing parameters and results. His approval was required for consequent visits to closely study his aquaponics system, assist him in effecting the water testings and to carry out additional interviews accordingly, as the dissertation progresses, to gather information as needed. All information is documented to b e used for analysis. The consent of the interviewers has been asked and an explanation of the study has been provided in order to begin any interview for the purpose of this study. Indeed, the aquaponic practitioner gave his consent for his name and pictures of his aquaponics system to be acknowledged and presented in this work. Further, since there is no comprehensive list of aquaponics practitioners in Mauritius, informal interviews were carried out with some organisations having insights of aquaponics system. Furthermore, I assisted the aquaponic practitioner in carrying out water testings in line with some specific parameters, being given that water testing in line with such parameters (PH,Temperature,Nitrate and Ammonia) are vital for the proper sustainability, monitoring and flow of the aquaponics system. Indeed, assisting in the water testing exercise with the aquaponic practitioner helped me better involve in the study as well as understand and analyse the system which helped me consolidate my findings. Moreover, in line with the research objectives in view to gain a better understanding of home based aquaponics system, questions are explicitly framed to highlight the elements of a home scale aquaponics technology. In view to analyse and truly understand a home based aquaponics system, the only genuine home based aquaponics system identified was closely analysed in helping to develop a more grounded insights on more favourable or unfavourable combinations of factors that could be used to increase the awareness, implementation, effectiveness and sustainability of home based aquaponics projects in the future. Furthermore, Maxwell (2005) and Yin (2009) argue that qualitative research needs a clearer pre-structuring. Despite this, I was realistically flexible about the necessary timing of my research activities in view to accommodate for the inevitable challenges that arose from trying to schedule meeting with the busy aquaponic practitioner. To ensure this need for flexibility, a plan was written up to guide the research. However, the data collection process was greatly facilitated by being able to visit the aquaponic practitioner and be on the site of his aquaponics system. Data Collection Methods When conducting a study, it is recommended to use various sources in order to grasp understanding of the context and a more solid foundation which helps in making the accurate choices. Also, the use of multiple sources enhances the reliability and validity of evidence as well as strengthens the author’s arguments (Yin, 2003). Therefore, both primary and secondary sources are needed for data collection. The primary source in this study is gathered through observations, analysis and interviews. The secondary sources include journals, articles, technical reports, policies and some previous studies which are used mainly in theoretical part. My data collection methods included formal observation, site visits, analysis and review. I also conducted structured interviews with the aquaponic practitioner. To comprehend the aquaponics system of the home based aquaponic practitioner that I had chosen to examine, I conducted a comprehensive analysis of the press articles online and by other academic and media sources in relation to home scale aquaponics. I reviewed local government websites and policy documents and did research on internet search engines in relation to home based/backyard aquaponics. I also spoke informally with the chosen aquaponic practioner to gain a sense of direction and understanding to better prepare my research work and formal interview. From his responses and my research work, I drafted my interview questions to gain diverse perspective in analysing the home based aquaponics system. My main data was sourced from a combination formal and informal interviews. Formal interviews were carried out with some stakeholders having insights of aquaponics and both formal and informal interviews were undertaken with the identified aquaponic practitioner. The structured interview questions were designed following formal interviews and in line with literature review. The data generated from the interviews allowed me to confirm the themes by which the data was eventually analysed; it also helped me to refine a line of inquiry for subsequent informal interviews. The fact that informal interviews were conducted with some stakeholders other than the aquaponic practitioner, means that I could to some extent prevent the risk of ‘key informant bias’ (Maxwell 2005 p. 91). Their insights were also essential for addressing the question of authenticity, credibility, representativeness and meaning. Following the structured interview, I conducted informal qualitative interviews with the aquaponic practitioner to ask specific questions regarding the case study and clarify any discrepancies I had noticed in the interview data. I covered the history and his future plans, as well as the challenges he had encountered along the way. In all the interviews I directed my questions accurately to add to the depth of perspective on the case study and my analysis. The data were further supplemented with analysis of the observations made through several site visits. Unstructured interviews were considered suitable because I wanted to allow for unpredicted events or findings (Bryman 1999, Yin 2009). The interviews were kept within a time limit of one hour and questions varied according to the role and expertise and context of respondent. Analysis of Data Bryman and Burgess (1999) urge the researcher to be aware that the data available for analysis are only as good as the data that are recorded. As such the choice of a case study analysis was further justified by potential limitations associated with a unique case available to analyse. The data generated by the case was analysed accordingly as well as considering the external context, environment and the impact that these elements have had on the development, sustainability and monitoring of the aquaponic system being analysed. The knowledge I had gained from my literature review had distinguished recurring themes that form the basis of my analysis framework. Thus, the headings in the qualitative findings section mirror the headings in the literature review. In addition to the key themes identified in the literature, my analysis was influenced by informal interactions and observations of the stakeholders, case subject and sites, as well as my own interest and ongoing appreciation for aquaponics. Limitations The major limitation of the case study is that the data were collected on only one home based aquaponics system in the Northern region of Mauritius and can only be validated in the literature. Since literature in home based aquaponics in Mauritius is scarce, some of the claims cannot be validated and are just observations. In spite of these limitations, the identification of the only home based aquaponics system and a case study method approach to data collection ensures that enough conclusive evidence was generated to identify what factors to establish and operate a home based aquaponics system.

Essay --

â€Å"Little Dancer, Aged 14† In 1881, Edgar Degas caused a scandal by unveiling Little Dancer Aged Fourteen (Petite danseuse de quatorze ans), his wax sculpture of a young ballet "rat†. Today, Degas' creation is considered a masterwork of Impressionist sculpture, a piece worthy of detailed study in an international exhibition. It wasn't just the subject matter of Little Dancer that repulsed critics in 1881 at an exhibition in which impressionist presented their work. The little dancer, Marie van Goethem, was a normal girl standing in a very normal position; it shows her hands behind her back instead of dancing. That ordinariness irritated those who believed that sculpture had to be monumental in subject and design. Degas also had the foolhardiness to use real materials, a muslin tutu, linen bodice, satin ballet shoes, a real hair wig and a colored satin ribbon rather than the customary media of bronze, stone and wood. (Wolgamott) Edgar Degas’s birth name was Hilaire-Germain-Edgar De Gas. He was born in July of 1834 in Paris, France. Compared to most families at this time, he grew up moderately wealthy. Degas began to paint when he was very young. By the time he graduated from school in 1853, when he was 18, with a baccalaureate in literature, he created an art studio in his home to create his works of art. â€Å"After he completed high school, he applied to work in the Louvre Museum; however his father pressured him into to law school not believing in art as a career. Degas enrolled at the Faculty of Law of the University of Paris in November 1853, but put forth very little effort to his studies if any at all. In the early months of 1855, Degas was granted access to the École des Beaux-Arts, a French art school, his mentor whom he stu... ...ind it concerning that his subject would be of this age even for this period of time. My focus, unlike the professionals who critiqued this sculpture, is not based on the child’s aesthetics, it is on her age and why she is posing nude for an artist. One can’t help but think further on that subject, and how that Degas and other powerful male figures abused their power. The use of the cloth corset, satin objects and real hair wig is fascinating to me. In this era of art although the artwork that was created was of â€Å"real† things, you would not see the use of various materials on a clay sculpture. In fact, the idea was unheard of. Degas was one of the leading creators of the impressionism period along with Monet, without them the art world would not be the same and we would not view art and the various brush strokes and darkness of colors in the same light.

The poem Two Scavengers in a Truck, Two Beautiful People in a Mercedes

The poem Two Scavengers in a Truck, Two Beautiful People in a Mercedes is a descriptive poem by Lawrence Ferlinghetti. Night of the Scorpion & Two Scavengers in a Truck, Two Beautiful People in a Mercedes The poem Two Scavengers in a Truck, Two Beautiful People in a Mercedes is a descriptive poem where the poet (Lawrence Ferlinghetti) observes two garbage men in San Francisco and two well-paid people in a Mercedes. The poet's observation is really about the way the garbage men look at the well-paid people and the way the rich people look at the garbage men when waiting at the traffic lights. This poem is about two garbage men and two posh office people in the Mercedes who stop at the same traffic light at the same time on the same day. The main reason I enjoyed this poem was because of the description of each person in the poem. One description I really liked was the description of the two people in the Mercedes, '' The man in the hip three-piece linen suit with shoulder-length blond hair & sunglasses The young blond women so casually coifed with a short skirt...

Principles of supporting change in a business environment Essay

Unit four: Principles of supporting change in a business environment Assessment You should use this file to complete your Assessment. †¢ The first thing you need to do is save a copy of this document, either onto your computer or a disk †¢ Then work through your Assessment, remembering to save your work regularly †¢ When you’ve finished, print out a copy to keep for reference †¢ Then, go to www.vision2learn.com and send your completed Assessment to your tutor via your My Study area – make sure it is clearly marked with your name, the course title and the Unit and Assessment number. Please note that this Assessment document has 3 pages and is made up of 3 Sections. Name: MARIUS LUCIAN DAN Section 1 – Understand why change happens in a business environment 1. Explain why change happens in a business environment. You should include at least three reasons in your answer. In today business world the only things that is consistent is â€Å"change†. Change is natural and essential in a business. The change can came from inside or from outside the business. When external driving forces influence the business we have reactive changes and when internal forces affects the business we call them proactive changes. External driving forces are those kind of things, situation, events that occur outside of the company and are by and large beyond of the control of the business. Examples of external driving forces are: financial crises, changing government lows and regulations, political interference, competitions etc. Examples of internal driving forces which can create proactive changes are: upgrading the office software, introducing new technology, launching a new product on the market etc. The reasons for change can be: political (changes in government and government policy); economic (economic growth, interest rates, level of unemployment); social (changes such as ageing population, cultural issues such as attitudes to work, health, religion); technological; legal; environmental (effects of global warming, concerns over protecting the environment). Whatever are internal or external forces, one thing is certain: the change will occur. A business must adapt to all this changes, be flexible and willing to respond to them in appropriate way. Without change your internal/external customers will not stay satisfied with the service/s they receive; the company will not be able to meet its targets/objectives and consequently for some companies there will no longer be the need for the business to exist. Section 2 – Understand the purpose of supporting change in a business environment 1. Identify the main reasons for reviewing working methods, products and / or services in a business environment. The reason of reviewing working methods, products and services, is to ensure that the business will develop and to aid the organisation’s continuous improvement, which enhances the organisation’s competitive position, allowing it to adapt to change when needed. In a business environment nothing remains the same and therefore it is likely that there will be continual review of its working methods, products or services to ensure that they are still be suitable and efficient. A company will want to review its services and products, so that it keeps up to date with the expectations of its customers. This will ensure the company to be competitive and/or meet its targets/objectives. A change to a service or product offered by the company could mean that related procedures need to be reviewed to ensure they are still relevant. In most businesses there is a continual process of reviewing the working methods or services and making changes to improve them, followed by a review of this changes and then making further amendments as needed. 2. When a business is going through change: a) Describe the different types of support that people may need. Some people adapt to change very well and others don’t. Where as some people thrive on the challenge of something new, others may worry about it and can become very negative. If team members feel valued and well supported during a change, they are more likely to adapt quickly and be more open to accept what need to be done. Good communication can really help people accept a change more easily and quicker. The person implementing a change will hopefully give everyone plenty of info and also get everyone involved as a team to help make decisions Training and time are also important support measures that people will need to adapt during a change. Not everyone will be able to change over night. They may take time to learn how to complete something new and also need training to be able to do so. Other ways of supporting the team can be: mentoring, coaching, giving and receiving constructive feedback as well as advice on employment issues and pay and conditions. All this support can be provided through different methods, like one-to-one sessions, delegating work tasks, work shadowing, job sharing, team briefings and trade union meetings. b) Explain the benefits of working with others. Working with others really helps to keep a positive outlook to changes. Working together as a team will provide the support and collective knowledge which will help when change may become more challenging. As mentioned before, people often adapt to change better if there is a strong informal input. It is important to remember that to support and work with colleagues effectively you will need to keep a positive outlook. Moaning and continual criticism of what you are doing will not support others at all. Working with others can have a lot of benefits like: finding out what is happening and what is going to change, as well as sharing workloads, learning and experience. By encouraging others to develop their knowledge and skills, as well as maintaining a personal network of contacts, helps to motivate each other. Section 3 – Understand how to respond to change in a business environment 1. In relation to your current business environment (or one that you are familiar with): a) Explain why you should respond positively to changes in working methods. A positive response to changes in working methods is important, so as to support not only the company but also colleagues in adapting to this changes. In my current position working as a care officer, the use of a Diary Handover sheet was introduced, to improve better communication between staff, as well as better documentation of events/issues that occurred each day. Prior to this, staff passed noted to each other, which could easily get lost and did not document clearly each day’s occurrences for management to follow. This forced me and my colleagues to record occurrences in formal way. If I opposed the change, colleagues and management would not find relevant information from my shift and could create confusion and waste their time in investigating occurrences which not recorded. b) Explain why you should respond positively to changes in products or services. If I did not respond positively to new products or services, it could to lead to conflict with managers trying to improve the service or product and be perceived by customers in a negative light. It could also create delays and create confusion amongst colleagues, if the change did not move forward. c) Identify ways of responding positively to change. The first positive action you can take is to look at the way you view change. Think of the change as an opportunity to gain new skills, improve your working procedures and even achieve career progression. Also, have willingness to learn new skills and procedures and to teach others. Attend any training available with a positive attitude, the more knowledge you have the easier you will find doing something new. Support colleagues if they are struggling, this is a great opportunity to demonstrate different skills to your colleagues. Don’t get drawn into negative conversations, this will not make you or others feel good about the situation. Think of ways to move forward, seek support from a manager or colleague if you think you need it. Even now my company is at the risk of being closed down because the county council wants to save money and cut social services, I went today to a training about Translating and interpreting languages and cultures in working with people from different backgrounds. And that’s because must go on and I want to keep myself positive and constructive. Once you have completed all 3 Sections of this Assessment, go to www.vision2learn.com and send your work to your tutor for marking.