Thursday, November 28, 2019

Aspects of Contract and Negligence for Business

Aspects of Contract and Negligence for Business Requirements for the formation of a valid contract A contract can be defined as a lawfully binding agreement between two parties. It has consequences on either party. Therefore, as discussed below, a contract has to contain some basic elements that should be used to define it.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More An Offer There should be an offer by the first party to invite the second party into the contract for negotiations purposes. An ascent to the same by the second party will lead to the contract coming into being and becoming legally binding. An offer can be described as an expression of willingness to contract on certain terms (Jalil 2011, p. 110). The offer is usually made to the second party with an intention that it will become binding when accepted. When an offer is declined, it extinguishes the idea of the probable contract. The refore, one cannot be held to account for it. Acceptance The second element of a contract that is very important is the acceptance bit, which should be done within the terms of the contract. A party to the contract will be assumed to have understood the terms of the contract when he or she enters agreement consent to the same (Jalil 2011, p. 110). One is legally bound by a contract once he or she accepts it. He or she has the duty to make sure that he or she understands the terms of the contract before accepting it. Breach of contract after acceptance might lead to legal consequences. Legal purpose/ Objective There must be an intention for the two parties to create a legal relationship between them with the contract. An absence of legal intent will render the contract null and void because social agreements between parties or agreements of a domestic nature are not regarded as legally binding because they do not contemplate legal relations (Jalil 2011, p. 111) as in the case of Balf our vs. Balfour (1919). Mutuality of Obligation Mutuality of obligation can be described in other words as the meeting of minds. In fact, â€Å"parties in the contract must agree to the same thing in terms of the drawn contract, and at the same time† (Jalil 2011, p. 111). Mutuality of obligation can only be achieved when the contract is still on offer. Once the offer has been withdrawn, it cannot happen.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Lawful Consideration Lawful consideration is an element of the contract that represents either a benefit to the promisor or detriment to the promise (Jalil 2011, p. 112). It denotes the price offered in exchange for a promise, otherwise known as quid pro-quo. Competent Parties A contract can only be made between two legally competent parties (Jalil 2011, p. 112). Therefore, a contract can only be made between people of legal age and sound mind. How the law approach the issues of consideration, intention to create legal relations, and the capacity to contract According to the law, a contract becomes legally binding once the promisee accepts and signs it. The promisee is believed to have read the details of the contract, or is supposed to have read the details of the contract before appending a signature on the same (Jalil 2011, p. 110). In the above scenario, Al has advertised the goods he has on offer to potential buyers thus inviting them to contract. A negotiation occurs between the Al and Bash cars where an agreement is reached through the mode of communication adopted by the two. In this case, an agreement was ostensibly reached when Bash cars wrote back to Al to accept the offer thus providing a green light for Al to deliver the goods, which he did as per the contract. According to the law, several reasons can lead to a contract being voidable, with no party bearing liability. According to Jalil (2 011), under the issue of consideration in a contract, there is either a benefit to the party offering the contract or detriment to the second party concerning the contract (p. 115). In the above case, Al has done his duty to communicate to Bash cars about the final price he is offering. It is the duty of Bash cars to read the communication properly before accenting to it. Therefore, the mistake not to read the reply letter properly from Al is placed on Bash cars because their own negligence made them fail to see the price in the letter. The assumption that the price is 45 pounds is solely made by Bash cars and that they have no reason to back up their assumption. According to the contract law, an objective inference should be made when coming up with a contract in that, when a third party looks at the same contract, they should come up with a conclusion that the contract is meant to achieve (Jalil 2011, p. 113). The mistake in this case is unilateral. It cannot render the contract v oid.Advertising We will write a custom report sample on Aspects of Contract and Negligence for Business specifically for you for only $16.05 $11/page Learn More Therefore, Bash cars plc should be responsible for the fault and that it should bear the consequences as in the case of Storer v Manchester City Council (1974). The law provides for an intention to create legal relations by setting up conditions for the same. The two parties must be ready to enter a legally binding contract for it to become legal. The key problems associated with exclusion clauses and their incorporation into a contract Exclusion clauses in contracts are usually meant to exclude a certain party to the contract from certain events that might happen within the execution of the contract, which the party might be held liable for them in normal circumstances (Maharaj 2012, p. 636). Exclusion clauses are usually made by parties contracted to carry out certain services on behalf of clients . Such services usually have certain risks. It is therefore meant to protect the contractor from carrying the costs that might arise from the risk. Exclusion contracts are governed by the Unfair Contract Terms Act of 1977 and the Unfair Terms in Consumer Contracts Regulations Act of 1999 (Jalil 2011, p. 119). Exclusion clauses become valid as long as they meet several conditions. Firstly, they must have been properly included in the contract and that they do not contravene any law. Some key problems associated with exclusion clauses are evident. For instance, some exclusion clauses are vague. In many instances, exclusion clauses have been vaguely worded in that the reader of the clause might not tell exactly what the scope of the clause is all about. This step is usually accomplished by the drafter of the clause as a way of giving it a wide range in the case of liabilities (Maharaj 2011, p. 636). On the other hand, it confuses the client because he or she will not be in a good posit ion to tell what liabilities the contractor should carry and/or what the client should carry. Invisibility of the clause is yet another problem. Many exclusion clauses are not directly visible to the client taking the service. They are usually not noticeable in the wording of the contract. They can appear at the bottom of the contract, written in very small fonts, or be placed behind the document where many people might not bother to find out (Maharaj 2011, p. 636). Many contractors who might not want to jeopardise their chances of securing the work at hand therefore use this case as a secret weapon. It therefore needs a client to be very careful when reading and signing the contract.Advertising Looking for report on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More How the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999 ensure that exclusion clauses are fair and reasonable.  The unfair Contract Act 1977 and the Unfair Terms in Consumer Contracting Regulations 1999 were put in place to regulate the creation, use, and interpretation of the exclusion clause with the sole purpose of protecting the consumer. The two Acts made it easy for judges to make interpretations of exclusion clauses by eliminating ambiguities in the wording as in the case of Houghton v. Trafalgar Inso Co Ltd. 1954. The Acts were meant to protect weaker parties in the contract because the consumers were in most cases disadvantaged by the clause (Maharaj 2011, p. 640). The fact that the clauses were part of the contract regardless of how they have been placed on the document meant that only the drafters of the clause and those who are keen enough would be aware of it thus catching many people unaware of their presence. The Acts regula ted the use of the clauses in that the drafters of the clauses had to meet certain conditions or otherwise the clause would become void (Maharaj 2011, p. 638). The clause in this case has to be introduced to clients’ attention before the signing of the contract, or has to be placed in a very visible place for customers to read before they enter an unwritten contract. The two Acts gave courts the power to nullify any exclusion clauses if they found them unreasonable. This provision usually happens when the terms of the exclusion clause are in conflict with other terms of the contract thus rendering the clause void concerning the repugnancy rule as evident in the case of Mendelson v. Normand 1970. Therefore, all repugnant cases are deemed unreasonable. They can therefore not stand as legal clauses. In the end, they are voidable by the law. Will Move It Ltd be able to rely on this exclusion clause? Move It will not be able to rely on this exclusion clause because it does not mee t the legal requirements for exclusion clauses as per the 1977 Act as well as the 1999 Act. In the first place, clients should be informed about the exclusion clause before they sign the contract so that they are fully aware of the contract they are signing (Maharaj 2011, p. 638). To this effect, Move It failed to notify Cool It of the clause. It can be assumed as well that Cool It was not aware of the clause while entering the contract. Thus, it cannot be held liable by the exclusion clause. Under the nature of the document test, the document does not qualify as a contract document because its original aim is different from the purpose it is being used on by inserting the exclusion clause. The document that the manager was given with the exclusion note was the consignment note, which cannot be deemed as the contract document for the particular work when objectively tested as revealed in the case of Chapleton v. Barry Urban District Council. On the other hand, the notice of the clau se must be made aware to customers before they enter the contract, and not after entering the contract (Maharaj 2011, p. 638). In this case, the clause is believed to have been entered after the entering of the contract because, even if the consignment note is decided to become the contract document, the clause should be on the face of the page where the customer signs. This exclusion clause by Move It is found behind the face of the document where the contract has been signed. A duty of care exists A duty of care in this case can be described as the necessary steps that should be taken in a place to prevent the occurrence of an accident. A duty of care comes in the form or rules, structures, and steps that have been put in place to prevent any probable accident from happening (Gray 2011, p. 68). A duty of care’s responsibility falls within the ambits of authority in charge of a particular facility that is being used by people. Thus, the authority has the duty of putting up m easures that would ensure the facility is running according to the law concerning safety measures. Was a Duty of Care was breached In proving that a duty of care was breached, claimants have to prove that they did not act negligently for the occurrence to happen. They also have to show that they were within the rules and regulations of the given facility during the happening of the accident thus blaming it on authorities owning the facility (Tan 2012, p. 93). In proving that a breach of care was breached, the claimant has to refer to what the law provides for in terms of how the facility should be managed, and what rules the facility has put in place to secure its clients from injury. The Damage is Both Direct and Foreseeable A claimant should be in a position to prove that the damage is both direct and foreseeable. In this case, an occurrence of a certain event should be linked directly as the cause to a damage that might have occurred by showing successive events that led to the o ccurrence (Burns 2011, p. 658). On the other hand, the damage can be deemed foreseeable if certain acts of negligence will lead to an accident. Thus, failure to take reasonable steps is what should be attributed to the accident as in the case of Hughes v. Lord Advocate 1963.  Under the rule of vicarious liability, employers are legally responsible for commissions and omissions of their employees, regardless of whether the employees were acting under instructions or on their own (Tan 2012, p. 93). Vicarious liability can also be referred to as an imputed negligence, since a liability can be assigned to an individual who did not cause a certain injury, but by virtue of the individual being related to the person who caused it in a given way. The employer under this case is burdened with the liability because it is assumed that the employee is the agent of the employer and that he or she was working in the interests of the employer when the accident happened. Tan (2012) states that vi carious liability goes beyond employer-employee relations. It can also be applied in the case of a car accident when the liability is put on the owner of the car even if the proprietor of the car was not in it when the accident occurred (p. 94). In deciding whether the blame should be shifted from the employee to the employer, the court has to establish the following facts. The court has to establish whether a tort has been committed. In doing this, court will be establishing grounds for the case because the establishment of the tort will be the basis for the case (Gray 2011, p. 69). Secondly, the court has to establish if the cause of the tort is due to the employee because only when the mistake is attributed to the employee is when the tort can qualify for a vicarious negligent consideration. Thirdly, the court has to determine if the tort was caused by the employee in the act of employment and specifically during his or her scope of work. An employee’s mistake away from du ty cannot be laid on to the employer. How the legal relationship between the parties in tort differs from the relationship in contract law The difference in parties in a tort law and those in a contract law is not usually very distinct although the two laws have different tenets. In a tort law, it focuses on the foreseeable ability of an event happening (Burns 2011, p. 658). In this case, one party should have been in a position to foresee the event happening. Thus, he or she should have taken an action to stop it from happening. Failure to do this can be described as negligence to which the negligent party is liable to pay an amount as determined by the court. The legal relationship between two parties under a tort law comes into existence after an event that leads to some form of damage occurs (Burns 2011, p. 658). The court then has to determine if it is a tort or not before the damage can be computed or not. On the other hand, a contract is entered between parties once the value of the goods or services has been determined. A contract legally binds two parties once they have signed it. It is meant to secure the party’s interests in case there are losses coming out of breach of the contract (Jalil 2011, p. 110). Whereas a contract is binding only to the parties signing it, a tort can become binding to parties who are not directly related to it, but who can be held responsible under the law. The tort law is legally hinged on negligence on one party, which leads to the damage of another party while the contract law is hinged on the failure of a party to the contract to meet their obligation.  Applying the rules on both negligence and vicarious liability to consider whether Sheila and Karen would be able to claim for the injury and damage. Under the rules of negligence and vicarious liability, employers are held liable for the negligent acts of their employees as long as the acts happen in the employees’ cause of duty (Tan 2012, p. 96). In the first case, Manjit is regarded as an employee of Hurryhaste and hence an agent for Hurryhaste. He is therefore covered by the vicarious liability rule. Though Manjit is a casual worker with the company, it does not disqualify him from being regarded as an employee by the company. Therefore, he is regarded as one. The accident occurred during Manjit’s cause of duty hence perfectly fitting in the vicarious liability bracket. On the other hand, Karen has no contributory fault to the accident because she had parked her car properly. During Manjit’s negligent driving, her car was hit. Karen therefore qualifies for compensation from Hurryhaste who is the employer of Manjit in this case. Hurryhaste should pay Karen. If it so wishes, it can surcharge Manjit for his negligent acts. On the other hand, Dave was within his employment duties when he hit Sheila’s car because the accident happened when he was coming from making a delivery. To this extent, he had to make his wa y back from the point of delivery. He is thus deemed to be within his duties. The basis of vicarious liability is simply to shift the liability of an employee to the employer. In this case, the liability shifts from Dave to Hurryhaste (Tan 2012, p. 96). Although Dave is seen to have breached certain rules with regard to using the vehicle improperly, it does not take away Sheila’s right to be compensated by Hurryhaste because her fault did not lead to the accident. Although Sheila did not have her seat belt on when the accident occurred, the blame for the accident does not fall on her. At the same time, it is not the purpose of vicarious liability to prove that she was not having her belt on at the time of the accident. In the case of Dave, as the statement goes, he has been highlighted as having been the one on the wrong. One element of the tort law is to establish if there was negligence on the part of an individual party in a case and the predictability of the same (Gray 20 11 p. 70). In the case of Dave, he was aware of traffic rules, which are to guide him in his driving. However, due to his negligence, he failed to observe traffic rules thus leading to the accident. The law is meant to prove that the person lacked reasonable care hence leading to a likelihood that the person’s negligent acts would lead to harm (Burns 2011, p. 665). Therefore, according to the rules of negligence and vicarious liability, Sheila and Karen should claim for injury and damage because, were it not have been for the carelessness of Dave and Manjit, the accident would not have happened. Their failure to observe rules and caution while driving was the sole reason for the accident’s happening. If Dave’s daughter had been injured in the accident, chances are that the law on vicarious liability would still have applied because the van was not supposed to carry unauthorised passengers under traffic law. Dave’s daughter was one. Therefore, Dave’ s daughter as an individual party could claim for damages because Hurryhaste’s agent would have injured her due to negligence (Tan 2012, p. 96). This case though would become complicated because Dave would be required by the company to reimburse it the expenses. On the other hand, the argument that might arise about Manjit’s employment status might be if a casual employee is regarded by the terms of the vicarious liability. By virtue of Manjit being a casual employee, it qualifies him to become an agent for Hurryhaste because he does duties on its behalf (Gray 2011, p. 69). Vicarious liability does not define an employee’s status, but simply addresses any person working as an agent for the employer. Negligence on the part of an agent is what leads to a tort. The claimant does not have the duty to find out the employment status of the offender before he or she can lay claim for damages that have occurred. On the other hand, breach of working rules does not affect the claimant’s pursuit of compensation because it is not within his or her jurisdiction to determine whether the offenders were following rules when they caused the accidents. Therefore, Sheila and Karen are legally in order to claim compensation for both injury and damage from Hurryhusttle. References Burns, J 2011, ‘Respondeat Superior as an Affirmative Defence: How Employers Immunise themselves from direct Negligence Claims’, Mitchigan Law Review, vol. 109 no. 4, pp. 657-681. Gray, A 2011, ‘Why Vicarious Liability Must be Abandoned’, Australian Business Law Review, vol. 39 no. 2, pp. 67-84. Jalil, M 2011, ‘Clarification of Rules of Acceptance in Making Business Contracts’, Journal of Politics Law, vol. 4 no. 1, pp. 109-122. Maharaj, K 2012, ‘Limits on the Operation of Exclusion Clauses’, Alberta Law Review, vol. 49 no. 3, pp. 635-654. Tan, C 2012, ‘Authority, Vicarious Liability and Misrepresentation’, Sing apore Journal of Legal Studies, vol. 1 no. 1, pp. 92-111.

Sunday, November 24, 2019

Free Essays on Who Are You To Judge

Who are you to judge? When I was in seventh grade, I went to Cascade Jr. High School, which is right next to Evergreen High School. One day my friend Jessica and I decided to walk over to Evergreen and try to find her sister who was a junior at the time. On our way, we ran into some cute boys who started talking to us. They were cute and we were â€Å"impressionable young girls† the next thing we knew we were smoking a strange cigarette and passing it around the circle. When we discovered we were smoking weed, it made the high even more exciting. Only the cool kids were brave enough to do an illegal drug and suddenly we felt cool. We had sat through all the D.A.R.E. classes and other lectures about the evils of drugs but none of that stuff worked for us. Marijuana should be legalized because the efforts to make it illegal are doomed to failure. Marijuana is a flowering bud off a bush, which grows naturally. People not make it in a chem. Lab; it does not contain rat poison or deadly substances. What is so wrong with law-abiding citizens occasionally smoking? Who is the government to judge what consenting adults put into their own bodies? The war on drugs is a waste of taxpayer’s money. According to Steven Duke, the United States spends 50 billion or more dollars on the prohibition of drugs (Para. 10). Despite all the money spent on the war on drugs it is not working; marijuana and other drugs are easily available to consumers including young children. I know from my own experiences that it is easier for minors to acquire marijuana then it is legal substances such as tobacco and alcohol. According to Cynthia Rowe 14, million people have admitted to using an illegal drug and almost ten percent of children twelve to seventeen have used an illegal drug in the past thirty days (Para. 1). Elizabeth Hovde asserts that half of all high school seniors in the U.S. have tried illegal drugs (Para. 1-10). These numbers alone prov... Free Essays on Who Are You To Judge Free Essays on Who Are You To Judge Who are you to judge? When I was in seventh grade, I went to Cascade Jr. High School, which is right next to Evergreen High School. One day my friend Jessica and I decided to walk over to Evergreen and try to find her sister who was a junior at the time. On our way, we ran into some cute boys who started talking to us. They were cute and we were â€Å"impressionable young girls† the next thing we knew we were smoking a strange cigarette and passing it around the circle. When we discovered we were smoking weed, it made the high even more exciting. Only the cool kids were brave enough to do an illegal drug and suddenly we felt cool. We had sat through all the D.A.R.E. classes and other lectures about the evils of drugs but none of that stuff worked for us. Marijuana should be legalized because the efforts to make it illegal are doomed to failure. Marijuana is a flowering bud off a bush, which grows naturally. People not make it in a chem. Lab; it does not contain rat poison or deadly substances. What is so wrong with law-abiding citizens occasionally smoking? Who is the government to judge what consenting adults put into their own bodies? The war on drugs is a waste of taxpayer’s money. According to Steven Duke, the United States spends 50 billion or more dollars on the prohibition of drugs (Para. 10). Despite all the money spent on the war on drugs it is not working; marijuana and other drugs are easily available to consumers including young children. I know from my own experiences that it is easier for minors to acquire marijuana then it is legal substances such as tobacco and alcohol. According to Cynthia Rowe 14, million people have admitted to using an illegal drug and almost ten percent of children twelve to seventeen have used an illegal drug in the past thirty days (Para. 1). Elizabeth Hovde asserts that half of all high school seniors in the U.S. have tried illegal drugs (Para. 1-10). These numbers alone prov...

Thursday, November 21, 2019

Escobar's essay on post-development Example | Topics and Well Written Essays - 1250 words

Escobar's on post-development - Essay Example The catastrophe in developing mentalist discussion can be viewed in at least two ways. First, incapability of dangerous thinking and most communal powers to imagine a new domain, which finally leaves behind the fantasy of development, and that rise above development’s dependence on western historicity and modernity. On the other, the appearance of an influential social movement discussion that although still unclear about its possible instructions, has quickly become a privileged arena for political action and intellectual inquiry. The majority of assessment of development spoken within the cultural and epistemological freedom it defines has reached a stalemate. Therefore, the current disaster does not call for an improved method of doing development not even for other development. An evaluation of the perform and discourse of development, nevertheless can help clear the ground for a more fundamental collective imagining of the option future. According to this analysis, development has to be making out for strategy and discovery created by the first world concerning third world being underdeveloped. Thus, development should not only be observed as an instrument of economic power over the social and physical reality of much of Latin America, Africa and Asia. It has been the primary tool through which these fractions of the world have been shaped and have twisted themselves, thus ruling out or marginalizing other ways doing and seeing. Because post-world war II dialogue of development is resolutely well established in the western economy and modernity, the difficulty appears complex. To imagine about options to the development, therefore, necessitate a hypothetical practical transformation of the ideas economy, modernity and development. This change can be best attain by construction upon the practices of social movements,

Wednesday, November 20, 2019

Comparative Essay Example | Topics and Well Written Essays - 1000 words - 1

Comparative - Essay Example The president, George W. Bush says the hatred is because of America’s greatness. This greatness brings forth rage especially for the countries that cannot get freedom. The other opinion is from a minority group who think America is hated because of its support for some regimes especially in Middle East which can be repressive. According to America’s democracy, some of these ideals are not really acceptable. Wade thinks that America looks at the inward such that even the spending of money is much far than other countries like India. The emergence of original and more so unique cultures in America leads to celebration of individuals at community’s expense. Examples of these are human affairs innovations and the sociological event of atom splitting (Wades, p247). The United States people are quite unwilling to know or rather learn anything outside their borders. The difference in classes has led to emergence of groups such as al-Qaeda of Osama bin laden. Wade thinks al-Qaeda forms due to rich as well as poor differences. For example the leader Osama may be rich but fellow al-Qaeda may not be. The culture of America is much modernized, but for most uncivilized people especially from Africa, some of the things seem mean as they view from televisions’ programs. They conclude that that’s how the American people. Another example is where the people in the Middle East believe America’s values are questionable. ... It is not clear however, what happens to these children as they turn into young adults or thereafter leading to low leaving standards. In Kenya, most youths after getting some literacy end up unemployed and thus dwell in slums in Nairobi and some hate their ancestral lifestyles. Throughout the world, people forget the old and traditions but the fact is that they have to struggle to survive. According to anthropology, people and cultures that are under stress bring forth ideologies which are strange or weird and unexpected. For example, the case of Boxers of China who beheaded and murdered missionaries and displayed these heads as well (Wade, p249). Wade on page 250 also says al-Qaeda does not have full Muslim faith and so is partly Muslim, partly not. A sociologist from Harvard Daniel Bell wrote that the state of the nation is too small compared to the world’s big problems yet too big for the world’s small problems. Modernization has led to changing in the cultures; eve n languages are not taught to the children. He also thinks that the past may end up defining the future and its culture. He gives the example of Archduke Ferdinand’s assassination that took place in 1914. This incidence may turn out to define the fate of two different worlds in even 100 years to come. As a conclusion, Wade strongly points out that there must be aspiration to a new type of pluralism spirit which must be an international one. True democracy according to Wade, is supposed to be globally available, so that several cultures which are unique whether they are small or large, have the right to be in existence. Interdependent declaration moreover, must also be global in its existence as it is very essential for survival of

Sunday, November 17, 2019

Reading Reflection Essay Example | Topics and Well Written Essays - 750 words

Reading Reflection - Essay Example The unexpected bearing of a love child led to an importunate decision that eventually exposed their teenaged life trysts. The objective of the essay is to proffer a critical analysis of the discourse focusing on three literary criticism approaches: the reader-response approach, a formalist approach and the biographical, historical approach (Literary Criticism: A Brief Overview, n.d.). The literary work captured one’s interest due to the universal theme of the discourse: love with a forbidden twinge caused by racial prejudice. The civil rights movement instigated by several famous African American activists, particularly Martin Luther King, who â€Å"led and influenced millions through his espousal of non-violent protest against segregation and racial discrimination†¦ (where) their demonstrations and activism helped lead to the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965† (Kelly, 2011, par. 4) proved that racial segregation was particul arly eminent. The short story revealed â€Å"the socioeconomic system that oppressed the majority black population in South Africa (1949–1994)† (Gordimer, n.d., p. 44) and became the dominant theme in this discourse. ... the onset by indicating that â€Å"the farm children play together when they are small, but once the white children go away to school they soon don’t play together any more, even in the holidays† (Gordimer, n.d., p. 44). The young love that blossomed between Paulus and Thebedi could therefore have been clearly understood as forbidden from the time he returned from boarding school. As young children, they both secretly gave mementos: a painted box made from wood-work class, a bracelet made of â€Å"thin brass and the grey-and-white beans of the castor-oil crop† (Gordimer, n.d., p. 44), and â€Å"a red plastic belt and gilt hoop ear-rings† (Gordimer, n.d., p. 45) when they were already at their teens. The author was very effective in using a clearly structured narrative discourse with the use of simple vocabulary and language. She enticed the visual and emotional appeal from readers by providing vivid and descriptive details of the incidents: â€Å"he twist ed and tugged at the roots of white stinkwood and Cape willow trees that looped out of the eroded earth around them; (and) down there hidden by the mesh of old, ant-eaten trees held in place by vigorous ones, wild asparagus bushing up between the trunks, and here and there prickly-pear cactus sunken-skinned and bristly, like an old man’s face, keeping alive sapless until the next rainy season† (Gordimer, n.d., p. 45), to name a few. The ensuing events build up to effectively concoct the climax of the story: totally unexpected and solicits diverse reaction from the readers. The sullen and covert use of words to describe the initiation to lovemaking incidents were disclosed as â€Å"had let him do with her in a locked storeroom what people did when they made love† (Gordimer, n.d., p. 45) when Paulus met a girl at a

Friday, November 15, 2019

The Definition And Concept Of Spatial Integration Cultural Studies Essay

The Definition And Concept Of Spatial Integration Cultural Studies Essay The definition and concept of Spatial Integration in historic cities or towns is not accurately defined as it has been seen as an essential component of the present integration in the cities of towns. According  [1]  to European Spatial Development Programme (ESDP) under the Noordwijk project, Spatial integration expresses the opportunities for and level of (economic, cultural) interaction within and between areas and may reflect the willingness to co-operate. It also indicates, for example, levels of connectivity between transport systems of different geographical scales. Spatial integration is positively influenced by the presence of efficient administrative bodies, physical and functional complementarity between areas and the absence of cultural and political controversies. In itself, the term interaction can seem at least as global as the one of integration. However, this term, often coupled with the spatial or territorial qualifier is often used in scientific literature, in particular by geographers. In a wide sense, the concept of spatial interaction can be related to any kind of relationship between places (connexity, similarity, flows, and proximity) and one could assimilate the analysis of spatial interaction to spatial analysis in itself, or even to geography. In the practice of (mainly geographical) research, spatial interaction often takes a more limited and technical meaning and may refer to a phenomenon described as decreasing of the intensity of flows with distance. Different spatial interaction models have been built in order to give account of this phenomenon, many of them relying on the general gravity model, based on distance and on relative weights of the considered entities. Taking into account the ESDP definition, its global approach as well as the history of the criterion, it seems that interaction must be understood here as a rather comprehensive concept, that cannot be directly limited to some domains of relationships, nor even to spatial interaction as it is generally understood. For example the definition mentions interaction between areas rather than spatial interaction, which could indicate that distance is not necessarily seen as central (maybe because the concept of distance is more specific of another criterion, Geogr aphic position) The ESDP definition, through its reference to willingness to co-operate and to absence of cultural and political controversies, also indicates that the social and human aspects play an important role in an open minded approach of the concept of spatial interaction. Besides its various interpretations, use of the term interaction in the definition of the Noordwijk draft of ESDP can also be seen as conveying some implicit ideas through its etymology. Spatial integration and (spatial) cohesion:- There is often reference to the terms which are or their meaning is related or closed to the integration in the European documents. In the Article B under title I of Treaty of European Union, the most often term under the aims and objectives, is the economic and social cohesion. There is no specific definition of cohesion (Economic and social) in the Treaty, but there is reference is to reduce the disparities between the levels of development of the various regions and the backwardness of the least favoured regions, including rural areas. The analysis of the first report on social and economic cohesion describes the situation of the European regions in the same perspective of assessment of inequalities and of their trends. In those terms, cohesion seems closely related to the idea of homogeneity and Spatial (or territorial) cohesion is relatively less mentioned compared to social and economic cohesion. Spatial integration and co-operation:- The Noordwijk project of ESDP introduces in its definition the concept of willingness to co-operate, as a basis for spatial integration. This adds an important dynamic element to understanding of territorial (or spatial) integration. Co-operation is often associated to integration, although there are some fundamental differences between the two concepts. A priori, the concept of spatial interaction, which is at the core of the definition of spatial integration, has no positive or negative sense. Spatial interaction generally relies on human motivation (even if natural phenomena such as floods may cause spatial interaction), but these motivations might not be shared by all actors nor lead to win-win situations. In contrast, absence of co-operation may result either in a limited level of spatial interaction, as relationships will not be supported by all actors, or in unbalanced relationships solely ruled by the law of the strongest. Lack of co-operation can be observed in practice in some cases where actual relations are less than one would expect in view of shared interests, physical possibilities available, or presence of spatial systems to manage (e.g. river basins). But absence of co-operation may also exist where integration (in terms of interactions) is strong, and in those cases it may have harmful effects for some of the partners. Although the ESDP mentions the willingness to co-operate, it must be said that co operation does not always rely on willingness but also on need to co-operate. This allows us to distinguish between situations that require co-operation (even if the partners are somewhat reluctant) and situations where spatial integration is actually weak but the willingness to co-operate exists. In the second case, certain material organisational changes may lead to an increase in the significance of relations between areas. Attempting to translate the concept of spatial co-operation into indicators is recognised as being a very difficult task, as co-operation mainly relies on a state of mind and on organisational patterns that do not necessarily imply easily measurable phenomena. Networks of places:- For many authors, it is useful to reflect further on how places are linked, in order that integration might occur. Places are no longer considered as simple geographical constructs; rather they are defined through social analysis (for a review, see Amin and Graham, 1998). These stress that places are articulated moments in networks of social relations and understandings rather than areas with boundaries around (Massey, 1993; 66). In this configuration socially-constructed places are noncontiguous, diverse, dynamic and superimposed. As well as being bound to place-based relations, cultural, social, economic, political and environmental links and relations can be stretched across space (Graham and Healey, 1999 (forthcoming)). This partially reflects a more sophisticated analysis of how networks of cities and towns interact, an area that Theme 2 explores further. As Dematteis notes we have witnessed the passage from a functional organisation in which the centres are graded with a multi-level hierarchy (as in the models of Christaller and Là ¶sch) to interconnected networks organised on the basis of the corresponding complementarities of the nodes and the synergies produced (Dematteis, 1994). It also reflects an understanding that it is not places which interact but the people and organisations (actors) which inhabit that space. Geoff Mulgan (1997) labels the current era one of Connexity. This reflects the ESDPs definition of spatial integration as: Opportunities for and level of interaction within and between areas. In Mulgans view cultures, economies, social worlds, politics and environments all become driven by logics of increasingly intense interconnections and flows, over larger and larger geographical scales. A growing range of economic, social, and cultural interactions which are both in place and out of place (Adams, 1996; 279) are being supported by modern communications technologies (Graham and Healey, ibid.). Of course, it is possible that connections may only occur between specific sections of society. We may therefore witness different social geographies of spatial integration. The Noordwijk project of ESDP suggests that measures of spatial integration will include levels of linkage between transport systems at different geographical scales. However, a fuller interpretation of the conception offered above implies that spatial integration is wider than simply transport linkages but includes all transactions (or flows) between areas. To Mulgan, the growing importance of network-based connections means that economies are increasingly driven by the logical or virtual regularities of electronic communication, a new geography of nodes and hubs, processing and control centres. The nineteenth centurys physical infrastructures of railways, canals and roads are now overshadowed by the networks of computers, cables and radio links that govern where things go, how they are paid for, and who has access to what. The physical manifestation of power, walls, boundaries, highways and cities, are overlaid with a virtual world of information hubs, databases and networks (Mulgan, 1991; 3). India: According  [3]  to Jordar, Souro D., Spatial integration is the combination of all the activities like economic, social and physical which can be achieved by the modern spatial planning tools and techniques, different and dual modes for the participation towards development in the cities. There are very few cities in India which have undergone planned development by using the modern spatial planning tools and techniques towards spatial integration. The author signifies the role of resources like land and infrastructure in the spatial integration of cities. Moreover, the role of modes like public and private sectors, public/private sector for the development of spatial integration, is also most important for spatial development. Brazil: According  [4]  to Edja Bezerra Faria and Valerio Augusto in their paper, Spatial Integration/Configuration is a set of independent relations in which each is determined by its relation to others and the fundamental correlate is of the spatial integration/configuration is movement . But according  [5]  to Hillier, (1996, 35/152), The structure of the grid considered purely as a spatial integration/configuration, is itself the most powerful determinant of urban movement, both pedestrian and vehicular. Because this relation is fundamental and lawful, it has already been a powerful force in shaping our historically evolved cities, by its effect on land use patterns, building densities and part-whole structure of the city. South America: According  [6]  to Poul Ove Pedersen and Walter Stà ¶hr Spatial development and Economic Integration is associated with spatial distribution of physical geographical patterns, transport networks, economic activities, natural resources different policies etc and change is these factors can change the spatial integration pattern in the areas/city or in the region. South Africa: Within the constitution, for the basis of new development and local government system, white paper was introduced which highlights and committed to cover all the sectors to meet the demands of the society. According  [7]  to it, Spatial integration is a strategy for doing away with the expensive and exclusionary land-use patterns of apartheid. It seeks to enhance the efficiency of the city by placing residential development closer to job opportunities, and reduce the costs of development by exploiting surplus bulk infrastructural capacity. Spatial integration also has a social dimension and can increase the access of low-income residents to facilities and opportunities in the city. For the Integration of cities, towns and rural areas which has different spatial dimensions like social, an economic etc, the objective is to create more efficient and equitable cities, towns and rural areas. In Contrast to many literatures, Hilliers establishment of a theory of space as configuration and series of related methodologies, called space syntax, (Hillier Hanson, 1984; Hillier, 1996) that spreads a new light on the spatial formation of area structure. Hillier (1987, 1989) first suggested that optimizing correlations between spatial configuration measured by spatial integration and movement rates and the growth of settlements changes the pattern of Integration. The concept of spatial integration was also identified in the European Spatial Development Programme (ESDP) throughout the various versions. The First document which was on spatial planning issues, when it appeared first time in 1994 and it was centred on the specific aspect of cross-border relationships but slowly it came out with wider vision which was summarised later in the first official project of ESDP. After the evolution of Noordwijk, 1997, the next version of ESDP was produced in Glasgow in 1998 which came out with removal of few terms (economic, cultural) while it maintained the definition. Later on, the final and official version was adopted in Postdam, 1999 in which no indications on the definition of spatial integration or the concept of spatial integration. The CEMAT also gave same kind of Guidelines for Sustainable Spatial Planning to maintain spatial balance. It was also asked to produce synthetic indexes which should be able to take into account the seven dimensions of spatial differentiation in a global approach. These criteria, it is argued, provide a starting point for recognising and assessing the spatial dimension of the ESDP and, in combination, have a particular value for the purpose of spatial analysis. As it was recognised, spatial integration is, perhaps, one of the criteria which is most directly related to the concept of spatial planning itself. Consequently, and by virtue of its comprehensive nature, it may often overlap the fields of interest of the other criteria. From the start criterion has an overlay with the criteria Geographical position (1.1) but also with all the other criteria of spatial differentiation and probably with all the other parts of the call for proposals. In other words, the question of spatial integration is present everywhere in the SPESP and it is well known that what is everywhere is also nowhere. For example, there is a potential overlap between spatial integration and geographical position on the questions of distances and of transport and communication infrastructures. Some less obvious overlaps may occur with social integration (about integration factors such as language, culture, political sensitivity), with economic strength (economic functions generating relationships), with land use pressure (impact on migration moves through effects on land prices) or with natural and cultural assets (common resources that can account for spatial relationships). Links exist also with work on the urban rural relationships typology and urban rural partnerships considered under theme 2. All this indicates that one of the first tasks related to the work on this study strand is a deepening of the concepts, taking into account not only the concept of spatial integration itself, but also some other related concepts that may help to delineate the field of the study. The previous points all go to show how interrelated the concept of spatial integration is with concepts such as economic and social integration. Far from serving to narrow its field of application, the body of literature concerned with spatial integration is in fact serving to widen its influence. This raises the question of identifying the specific nature of spatial integration, and reminds of another similar question, that is identification of the specific nature of spatial planning / spatial development. In both cases, the multi-facetted nature generates a difficulty to focus on specific issues, notably because isolating the spatial dimension of a reality is a rather abstract exercise whose practical purpose is not always obvious to perceive.

Tuesday, November 12, 2019

Presentation on DNA Vaccines Essay -- Powerpoint Presentation

Vaccines †¢ Vaccines are â€Å"one of the greatest achievements of modern medicine† †¢ In developed nations, vaccines have almost exterminated polio and smallpox and tightly controlled diseases like hepatitis A and B or typhus †¢ There are three generations of vaccinations †¢ First generation vaccines are either weakened or killed forms of whole organisms †¢ There is a problem with first-gen vaccines: the pathogens can still revert to dangerous forms and cause diseases in immunocompromised vaccine recipients. †¢ Second generation vaccines are specific protein antigens, which are safer, but cannot generate killer T cell responses DNA Vaccines †¢ Third generation of vaccines †¢ Consist of recombinant plasmids that have been transformed to produce one to two proteins form a pathogen †¢ This DNA is injected directly into somatic cells, where, through transcription and translation, the proteins are created. †¢ The proteins are recognized as foreign and processed by the cell and displayed on the cell surface by MHC markers †¢ Here, they raise helper T cell, cytotoxic T cell, and antibody immune responses. Current applications †¢ DNA vaccines have had limited success in clinical trials †¢ A veterinary DNA vaccines for use on horses to protect from West Nile virus has been approved †¢ In June 2006 and August 2007, positive results were announced for vaccines against bird flu and multiple sclerosis, respectively. †¢ The technique still needs to proven conclusively in human testing Use of Plasmid Vectors †¢ Highly active expression vectors elicit the best immune response †¢ Strong viral promoters, such as Rous Sarcoma virus (RSV) or cytomegalovirus (CMV) promoters are most commonly used †¢ The plasmids most commonly used als... ... Cited Continued †¢ Baker, Barbara, et. al. â€Å"The N gene of tobacco confers resistance to tobacco mosaic virus in transgenic tomato.†Proceedings of the National Academy of Sciences of the United States93 (1996) 8776–8781. †¢ Feldstein, Paul. Personal interview. July 2008. Fig. 8 Images †¢ Fig. 1: http://www-tc.pbs.org/wgbh/nova/bioterror/images/germ_dna.jpg †¢ Fig 2: http://www.gen.cam.ac.uk/Images/summers/plasmids.jpg †¢ Fig 3:http://www.bio.davidson.edu/people/kabernd/seminar/2002/method/gtwmeth/genegungtw.gif †¢ Fig 6:http://upload.wikimedia.org/wikipedia/commons/d/da/Making_of_a_DNA_vaccine.jpg †¢ Fig. 4: http://en.wikipedia.org/wiki/Image:Antibody.svg †¢ Fig. 5: http://en.wikipedia.org/wiki/Image:Antigen_presentation.jpg †¢ Fig. 7: http://www.ncbi.nlm.nih.gov/ICTVdb/ICTVdB/em_tmv.gif †¢ Fig 8: http://www.technologyreview.com/files/8829/DNAVaccineBG.jpg