35 year old male rugby player Essay

Rugby players need to be very well built. They need to be a mesomorph build ideally. They are in-between the mesomorph and endomorph on the scale, but should be a lot closer to the mesomorph than an endomorph. This means rugby players need to have broad shoulders, a muscular body, strong forearms and thighs. They could also have some fat. In some ways a lot of fat is good because it is harder to be tackled, but in another way it isn’t very good because it is harder to run, and you get out of breath easier. Rugby is a contact sport and relies on aggression in some ways. To tackle someone in rugby you can take them out by their legs, jump on them, tug their clothes, just about anyway to get the ball really. This would suggest if a player is an introvert they would not enjoy rugby, because they would prefer to keep to themselves and avoid contact. A rugby player also cannot be afraid of the ball, or afraid of being tackled. They need to be quite brave. Also you need tom be able to communicate with your team. It is a team sport and needs the whole team to work together n order to be successful. If you are the type of person who cannot do this, you like to work and play on your own you would not be well suited as a rugby player. Rugby players also can get very badly injured. Especially in scrums or when you are tackled. There is a lot of violence involved in rugby and injuries can be nasty. You need to be very careful and use some of the rules to help prevent injuries as I’ve explained below. Injuries do happen and you need to take that risk What they need to work on/improve Rugby players need to improve certain things to maintain a high level of performance. These things could be: This means that any fitness levels gained will be reversed when you stop. To stop this from happening, you need to train every 2-3 days to keep your fitness level where it is. 16 year old gymnast Section 1-their needs, Gymnasts need to be extremely flexible and supple. They need to be in between a mesomorph build, and an ectomorph build. They would probably need to be slightly more mesomorph than ectomorph. This means gymnasts need to have muscle, but not too much and need to have very little body fat. A lot of muscle would be good in some ways because gymnastics is very demanding, and needs a lot of physical ability, especially for types of gymnastics such as the bars, although, gymnasts need to be very light and a lot of muscle could weigh them down considerably. Gymnastics contain a large variety of different skills, so gymnasts need to be skilled in lots of different areas. Although a lot of gymnasts do concentrate on a specific area. Gymnastics is mainly a solo sport, and this sort of sport is ideal for people who are shy, introverted, or people who just like being on your own, and like doing things your way without having to rely on other members of a team to support you. You can also get quite badly injured in gymnastics, although probably not as bad as you could in other sports like rugby. You need to be very confident in your ability and very confident in your area before attempting the exercise. What they need to work on/improve Gymnasts need to improve certain things to maintain a high level of performance. These things could be: General fitness. Gymnasts need a very high level of general fitness as well as a very high level of specific fitness.

Information Technology Essay

Advancements in information technology have had many great benefits on society. It has revolutionized the phase of business and living around the world. Information Technology has made Local businesses become international due to a simple website. Information technology (IT) is the use of computers and telecommunications equipment to store, retrieve, transmit and manipulate data. The term is commonly used as a synonym for computers and computer networks, but it also encompasses other information distribution technologies such as television and telephones. It is broadly considered to encompass the use of computers and telecommunications equipment to store, retrieve, transmit and manipulate data. Several industries are associated with information technology, such as computer hardware,software, electronics, semiconductors, internet, telecom equipment and computer services (Chandler, 2012). Therefore, the purpose of this assignment is to discuss the wonders and horrors Information Technology has brought to us. It will first look at the wonders which Information Technology has brought, and then it will look at the horrors. It is from the wonders and horrors were a conclusion will be drawn from. Today information technology involves more than just computer literacy; it also takes into account how computers work and how these computers can further be used not just for information processing but also for communications and problem solving tasks as well. Information technology also involves the development, installation, implementation, maintenance, and the use of computer systems, software and networks for the processing and distribution of data (Daintith, 2009). Our world today has changed a great deal with the aid of information technology. The revolution in IT has itself been brought forth by a company of innovations in telecommunications and informatics, made possible by cheaper new lightweight materials such as optical fibers transmitting information faster. Information flows faster and less expensively throughout the globe, but it will take substantial time to reach full digitalization given the youth of IT (Achimugu et al; 2009). Things that were once done manually or by hand have now become computerized operating systems, which simply require a single click of a mouse to get a task completed. With the aid of Information Technology, we are not only able to stream line our business processes but we are also able to get constant information in ‘real time’ that is up to the minute and up to date (Vermaat,2004). The significance of Information Technology can be seen from the fact that it has penetrated almost every aspect of our daily lives from business to leisure and even society. The world has an estimated 350 million internet users. Over 90% of them are in industrial countries, although developing countries comprise about 85% of the world population (Berndt and Morrison, 1995). Today personal Computers, cell phones, fax machines, email and internet have all not only become an integral part of our very culture but also play an essential role in our day to day activities (Parker, 2003). Information Technology has brought a lot of wonders in our daily living. Some of the wonders include: Globalization – IT has not only brought the world closer together, but it has allowed the world’s economy to become a single interdependent system. This means that we can not only share information quickly and efficiently, but we can also bring down barriers of linguistic and geographic boundaries. The world has developed into a global village due to the help of information technology allowing countries like Chile and Japan who are not only separated by distance but also by language to shares ideas and information with each other. Communication – With the help of information technology, communication has also become cheaper, quicker, and more efficient. We can now communicate with anyone around the globe by simply text messaging them or sending them an email for an almost instantaneous response. The internet has also opened up face to face direct communication from different parts of the world thanks to the helps of video conferencing. Information Technology affects the way companies communicate and establish relations with their clients. In the fast moving and business environment, it is vital for them to interact with clients regularly and quickly to gain their trust and to obtain customer loyalty. With the use of internet and social networks, firms interact with consumers and answer all their queries about the products. Take for instance ‘ Barack Obama- USA President’ as the figure. With the use of networking sites such as Twitter and Facebook, blogs, social bookmarking, the leader could approach to the world whenever necessary and the world can receive the news and updates which he has done or wants done within a short period of time. Cost effectiveness – Information technology has helped to computerize the business process thus streamlining businesses to make them extremely cost effective money making machines. This in turn increases productivity which ultimately gives rise to profits that means better pay and less strenuous working conditions. Additionally, to think and to research, we need resources to find what our past people has thought, what quotes they have left for us that is information and theory. Information can now be easily found by a single click in search engines such as Google and yahoo. Business Operations. With the use of technological innovations, business owners and entrepreneur understand their cash flow better, how to manage their storage costs well and enables you to save time and money. Bridging the cultural gap – Information technology has helped to bridge the cultural gap by helping people from different cultures to communicate with one another, and allow for the exchange of views and ideas, thus increasing awareness and reducing prejudice. More time – IT has made it possible for businesses to be open 24 x7 all over the globe. This means that a business can be open anytime anywhere, making purchases from different countries easier and more convenient. It also means that you can have your goods delivered right to your doorstep with having to move a single muscle. Increase the sense of Human Rights- The technology can remind of our human rights, basic needs and give updates where relief or worldwide help is necessary. During earthquakes, terrible floods, while co-operation is necessary the World Wide Web can help us to collect the donation by a desired amount. It is not possible to just figure out everything about the good and bad sides of Information and Technology within a page and article as because it has mixed with every aspects and corners of our lives. Rather, let us look at the side effects, bad sides (cons) which IT-sectors have brought to the Human Society Creation of new jobs – Probably the best advantage of information technology is the creation of new and interesting jobs. Computer programmers, Systems analyzers, Hardware and Software developers and Web designers are just some f the many new employment opportunities created with the help of IT. Information technologies of various kinds, together with globalization, are powerfully affecting the range of employment options for individuals in advanced and developing countries alike- and at various levels of education. Further, the classes of Information Technology that automate, disinter mediate and reduce costs of remoteness are also enabling the construction of increasin gly complex and geographically diverse global supply chains and networks (Spence, 2012) . Advancements in information technology have had many great benefits on society; however, this has not come without its downsides. Below are some of the horrors or disadvantages of information technology: Unemployment – While information technology may have streamlined the business process it has also created job redundancies, downsizing and outsourcing. This means that a lot of lower and middle level jobs have been done away with causing more people to become unemployed. Technology in an organization, company or business, the number of hours that a human works at that company is reduced. Technology is playing multiple roles. The replacement of routine manual work by machines and robots is a powerful, continuing and perhaps accelerating trend in manufacturing and logistics, while networks of computers are replacing routine white-collar jobs in information processing. For instance, the elimination of intermediaries in banking, online retail and a host of government services, to name just a few affected areas. This has even resulted in some people losing their jobs because technology is doing it for them. However this is beneficial for the organization as their profit is increased because they do not need to pay their workers as much because they are not required as much (Spence, 2012). Privacy – Though information technology may have made communication quicker, easier and more convenient, it has also bought along privacy issues. From cell phone signal interceptions to email hacking, people are now worried about their once private information becoming public knowledge. As IT Sectors have wined the people’s heart worldwide. People are here to share and store any kind of information, private date in their hard drives and private online databases. But due to some Cyber-Criminals, nothing is so safe both online and offline. If someone becomes a bit careless, he or she may needs to pay high for it especially when it comes to work related information (Saldarini and DeRobertis, 2003). Lack of job security – Industry experts believe that the internet has made job security a big issue as since technology keeps on changing with each day. This means that one has to be in a constant learning mode, if he or she wishes for their job to be secure. Dominant culture – While information technology may have made the world a global village, it has also contributed to one culture dominating another weaker one. For example it is now argued that US influences how most young teenagers all over the world now act, dress and behave. Languages too have become overshadowed, with English becoming the primary mode of communication for business and everything else Over reliance on technology – a lot of people believe that because computers and the Internet has become such a regular part of modern life, some people particularly children who grow up with it, will not be able to function without it. Some people think that the Internet is making people lazy, particularly when it comes to essay or project research as instead of reading books in a library, one can just perform a Google search. Loss of communication skills – with the ever increasing variety of social networking sites such as Facebook and Twitter, a lot of people are worried that traditional communication skills will be lost. This worry is particularly about children who often engage in these websites because communication and interactive skills are not important with computers. Loss of personal touch – emails and instant messaging has replaced the old tradition of handwriting letters. And although this is advantageous because of time constraints, a personal touch and sense of feeling is lost compared to taking the time to sit down and hand write a letter. We can think, gather human principles (ethical knowledge) and make co-operative relationships between friends and families. But due to harmful aspects of (IT) people are becoming fully technological based. And it can bring huge damage to the society as its taking away the natural thoughts and organic ideas. Health problems – research has shown that technology can cause a number of problems with a person’s health. Many scientists, doctors and researchers are concerned about possible links between technology and heart problems, eye strain, obesity, muscle problems and deafness. Waste emitted from technology can pollute the environment which not only makes people ill, it also damages the environment. The online community is not safe for Family anymore- the family is the foundation of every nation. However, due to Information Technology, children under age may often share Cell Numbers, Private Email Address which can be hacked by people and can pass it to the criminals who have a blue-print to harm the society. And people are losing credit card privacy and other payment processing options. Again, there are some sites created by foul people, which can lead under eighteen teenagers to a different path – That Is going to bring Harm to the Nation. A very good example is the Iris Kaingu Video which circulated not only nationwide but also worldwide and was viewed by both young people and adults. In conclusion, one can safely say Information Technology has brought both wonders and horrors to our society. Things that were once done manually, or by hand have now become easier and faster by the introduction of computer technology in the workplace. Our world today has changed a great deal with the aid of Information Technology which has penetrated in almost every aspect of our daily lives and society. With all the good things about Information Technology, it has brought terrible horrors to some in our societies. A lot of people have lost their jobs because they have become irrelevant due to the introduction of computers in the workplace. It has contributed to the poor livelihood of people. Advancements in information technology have had many great benefits on society. It has revolutionized the phase of business and living around the world. Information Technology has made Local businesses become international due to a simple website. Information technology (IT) is the use of computers and telecommunications equipment to store, retrieve, transmit and manipulate data. The term is commonly used as a synonym for computers and computer networks, but it also encompasses other information distribution technologies such as television and telephones. It is broadly considered to encompass the use of computers and telecommunications equipment to store, retrieve, transmit and manipulate data. Several industries are associated with information technology, such as computer hardware,software, electronics, semiconductors, internet, telecom equipment and computer services (Chandler, 2012). Therefore, the purpose of this assignment is to discuss the wonders and horrors Information Technology has brought to us. It will first look at the wonders which Information Technology has brought, and then it will look at the horrors. It is from the wonders and horrors were a conclusion will be drawn from. Today information technology involves more than just computer literacy; it also takes into account how computers work and how these computers can further be used not just for information processing but also for communications and problem solving tasks as well. Information technology also involves the development, installation, implementation, maintenance, and the use of computer systems, software and networks for the processing and distribution of data (Daintith, 2009). Our world today has changed a great deal with the aid of information technology. The revolution in IT has itself been brought forth by a company of innovations in telecommunications and informatics, made possible by cheaper new lightweight materials such as optical fibers transmitting information faster. Information flows faster and less expensively throughout the globe, but it will take substantial time to reach full digitalization given the youth of IT (Achimugu et al; 2009). Things that were once done manually or by hand have now become computerized operating systems, which simply require a single click of a mouse to get a task completed. With the aid of Information Technology, we are not only able to stream line our business processes but we are also able to get constant information in ‘real time’ that is up to the minute and up to date (Vermaat,2004).

Mini Paper

Advance Practice Nursing Jake Freeman University of SST. Francis Abstract This paper primarily explores the article from the Journal of Nursing called â€Å"Demographic Profiles of Certified Nurse-Midwives, Certified Registered Nurse Anesthetists, and Nurse Practitioners: Reflections on Implications for Uniform Education and Regulation†. It will also include insight from other resources in support to the information provided by the article preceding.The article will be summarized in regards to Advanced Practice Nursing (PAN) work history within the ultra of nursing and whether or not the Pan's should be mandated to further their education to the doctorate level in order to maintain there positions as Pan's. The paper will also provide a brief analysis by the author in regard to the quality of the paper's content. Keywords: advanced practice nursing, DEN, history of, history, clinical nurse specialist In Summary a Brief History of Advance Practice Nursing Nursing practice has e xpanded exponentially especially in the last 10 years.With aggressive legislation from our nursing leaders, respect, reimbursements, and the right to well deserved leadership has come forth. Although for many of us nurses it may seem as though many of these breakthroughs have spontaneously emerged, yet with a little respect to our roots we need to realize this emergence has been transforming nursing society since the sass's. The recent chaos and disorientation in health care has rendered an opportunity for nurses to take what is theirs, and that is leadership in healthcare.Preventative care has always been a forte of nursing and now it's a realization that it is the best approach to health care today, and that is why we are the leaders. Certified Registered Nurse Anesthetists are the pioneers of advance practice nursing as evidenced by the first formal education in 1909 at SST. Vincent Hospital in Portland, OR and have roots dating back to the Civil War while caring for the wounded and administering medicine like ether in the battlefields.Nurse Midwives shortly there after developed formal education in 1932 at the Maternity Center Association in New York and have roots dating back to the times of biblical writings. In 1965 the first formal Nurse Practitioner program was developed at the University of Colorado in collaboration with a physician Dry. Henry Silver and Registered Nurse Loretta Ford. Clinical Specialists devised a program of formal education at Rutgers University in 1954 (Englander et al. , 2006). As you can see advance practice nursing has came a long way and has overcome an insurmountable amount of hurdles.In the Journal of Professional Nursing a study was conducted by Sips, Fullerton, and Schilling (2009) which consisted of a sample survey and was designed to determine 6 categories of gathered information in regards to gender and race, age and years experience, education, employment, practice privileges, and salary. In the article the author aggr essively directs to the possible fact that â€Å"men Leary indicate that they chose nursing because they expected a good salary' (p. 182) and that there was a good possibility that they were inclined to choose nursing to empower themselves rather than their patients.Based on the quality of the study and the amount of professionals that actually participated this finding could be considered loosely based and also offensive to men of the profession. On a more refreshing note it was encouraging to see that Naps have the highest amount of ethnic diversity among the three PAN groups. This will highly contribute to collaboration between Pan's to provide a better understanding of culturally impotent care. Sacra's have longevity in experience, where as Naps are the youngsters of advanced practice, yet will be the largest entity of advanced practice nurses shortly in the future.Currently employment greatly consists of a physician- based practice, although this statistic will most likely cha nge as well in the near future. Unfortunately the study of demographics of the 3 groups of Pan's is loosely associated to the need for Pan's to advance their practice to the doctoral level. There where references to the concern of collegiate faculty and the necessity of doctoral repaper professors to teach doctoral prepared course work. This was in regards to the question whether or not we have enough DEN prepared nurses out there to teach to the masses that might be interested in furthering their credentials.In the time of when the article was written it was reported that there was a drop off of students studying for their PhD. Presently there will be no mandate for a Doctorate in 2015. In this paragraph we will discuss some issues that might have some more relevance to the question of whether or not we need to mandate Naps to DEN status. In the book Advanced Practice Nursing Jansen et al. 2010) makes an empowering statement reminding us of how some or our greatest attributes for e xample: modesty of our clinical skills have actually hindered some of our potential for growth.This example is finely expressed in this statement â€Å"Given the history, philosophy, and values, the concept of power holds ambivalence for many nurses, even Pan's† (p. 80). This statement makes a good realization of maybe how ill adapted we are as nurses coming into a position of such responsibility, which requires the understanding of how to properly utilize power. Instead of concerning ourselves with whether or not he DEN should be mandated maybe nurses need to learn how to harness their currently new development of high stature as autonomous providers.Our undistinguished and unparalleled ethics ironically have provided us with another hurdle that will be easily overcome in the near future as do any hurdles for nursing. Pan's are also in the midst of becoming autonomous in the politics of business and legal aspects of nursing which can be significantly foreign to many new Pan' s Suppers (2015). Not only recently hurdles in politics within nursing have been overcome such as the identity crisis of Can's and attempting to maintain a niche in he nursing profession.While Naps advance into the spotlight due to demand of needed providers that have privileges, Can's struggle to maintain position Cur (1996). In summary it's evident that Pan's still have continued hurdles, yet their achievements come from centuries of hard work from our forefathers that pioneered the practice. In recent times it's evident that the path paved by our forefathers will enable Pan's to evolve into the highest entity of health care. This is a new and exciting perspective of conceptualizing Pan's instead of physicians controlling the direction of health care, but it is now a reality. Mini Paper Advance Practice Nursing Jake Freeman University of SST. Francis Abstract This paper primarily explores the article from the Journal of Nursing called â€Å"Demographic Profiles of Certified Nurse-Midwives, Certified Registered Nurse Anesthetists, and Nurse Practitioners: Reflections on Implications for Uniform Education and Regulation†. It will also include insight from other resources in support to the information provided by the article preceding.The article will be summarized in regards to Advanced Practice Nursing (PAN) work history within the ultra of nursing and whether or not the Pan's should be mandated to further their education to the doctorate level in order to maintain there positions as Pan's. The paper will also provide a brief analysis by the author in regard to the quality of the paper's content. Keywords: advanced practice nursing, DEN, history of, history, clinical nurse specialist In Summary a Brief History of Advance Practice Nursing Nursing practice has e xpanded exponentially especially in the last 10 years.With aggressive legislation from our nursing leaders, respect, reimbursements, and the right to well deserved leadership has come forth. Although for many of us nurses it may seem as though many of these breakthroughs have spontaneously emerged, yet with a little respect to our roots we need to realize this emergence has been transforming nursing society since the sass's. The recent chaos and disorientation in health care has rendered an opportunity for nurses to take what is theirs, and that is leadership in healthcare.Preventative care has always been a forte of nursing and now it's a realization that it is the best approach to health care today, and that is why we are the leaders. Certified Registered Nurse Anesthetists are the pioneers of advance practice nursing as evidenced by the first formal education in 1909 at SST. Vincent Hospital in Portland, OR and have roots dating back to the Civil War while caring for the wounded and administering medicine like ether in the battlefields.Nurse Midwives shortly there after developed formal education in 1932 at the Maternity Center Association in New York and have roots dating back to the times of biblical writings. In 1965 the first formal Nurse Practitioner program was developed at the University of Colorado in collaboration with a physician Dry. Henry Silver and Registered Nurse Loretta Ford. Clinical Specialists devised a program of formal education at Rutgers University in 1954 (Englander et al. , 2006). As you can see advance practice nursing has came a long way and has overcome an insurmountable amount of hurdles.In the Journal of Professional Nursing a study was conducted by Sips, Fullerton, and Schilling (2009) which consisted of a sample survey and was designed to determine 6 categories of gathered information in regards to gender and race, age and years experience, education, employment, practice privileges, and salary. In the article the author aggr essively directs to the possible fact that â€Å"men Leary indicate that they chose nursing because they expected a good salary' (p. 182) and that there was a good possibility that they were inclined to choose nursing to empower themselves rather than their patients.Based on the quality of the study and the amount of professionals that actually participated this finding could be considered loosely based and also offensive to men of the profession. On a more refreshing note it was encouraging to see that Naps have the highest amount of ethnic diversity among the three PAN groups. This will highly contribute to collaboration between Pan's to provide a better understanding of culturally impotent care. Sacra's have longevity in experience, where as Naps are the youngsters of advanced practice, yet will be the largest entity of advanced practice nurses shortly in the future.Currently employment greatly consists of a physician- based practice, although this statistic will most likely cha nge as well in the near future. Unfortunately the study of demographics of the 3 groups of Pan's is loosely associated to the need for Pan's to advance their practice to the doctoral level. There where references to the concern of collegiate faculty and the necessity of doctoral repaper professors to teach doctoral prepared course work. This was in regards to the question whether or not we have enough DEN prepared nurses out there to teach to the masses that might be interested in furthering their credentials.In the time of when the article was written it was reported that there was a drop off of students studying for their PhD. Presently there will be no mandate for a Doctorate in 2015. In this paragraph we will discuss some issues that might have some more relevance to the question of whether or not we need to mandate Naps to DEN status. In the book Advanced Practice Nursing Jansen et al. 2010) makes an empowering statement reminding us of how some or our greatest attributes for e xample: modesty of our clinical skills have actually hindered some of our potential for growth.This example is finely expressed in this statement â€Å"Given the history, philosophy, and values, the concept of power holds ambivalence for many nurses, even Pan's† (p. 80). This statement makes a good realization of maybe how ill adapted we are as nurses coming into a position of such responsibility, which requires the understanding of how to properly utilize power. Instead of concerning ourselves with whether or not he DEN should be mandated maybe nurses need to learn how to harness their currently new development of high stature as autonomous providers.Our undistinguished and unparalleled ethics ironically have provided us with another hurdle that will be easily overcome in the near future as do any hurdles for nursing. Pan's are also in the midst of becoming autonomous in the politics of business and legal aspects of nursing which can be significantly foreign to many new Pan' s Suppers (2015). Not only recently hurdles in politics within nursing have been overcome such as the identity crisis of Can's and attempting to maintain a niche in he nursing profession.While Naps advance into the spotlight due to demand of needed providers that have privileges, Can's struggle to maintain position Cur (1996). In summary it's evident that Pan's still have continued hurdles, yet their achievements come from centuries of hard work from our forefathers that pioneered the practice. In recent times it's evident that the path paved by our forefathers will enable Pan's to evolve into the highest entity of health care. This is a new and exciting perspective of conceptualizing Pan's instead of physicians controlling the direction of health care, but it is now a reality.

Aceto 10K Essay Example | Topics and Well Written Essays - 250 words

Aceto 10K - Essay Example The companies are primarily located in the United States, Europe, and Asia-Pacific regions. The customers range from small enterprises to large firms (Aceto, 2014). The financial analysis was from the fiscal year that ended on June 30, 2014. The Human Health segment had net sales of $160,217, which represented a 23.6% increase from the previous year. The Pharmaceutical Ingredients segment had a net sale of $176,425, a 4.6% decrease from the prior year. The Performance Chemicals segment had net sales of $173,537, a decrease of 6.3% from the previous year. The Pharmaceutical Ingredients section seems to be the largest contributor to the net income of the company followed by the Performance Chemicals segment. Ironically, the two significant contributors dropped yet the overall net sales of the company increased by 2.1% to $510,179. It seems the vast rise in the Health Segment were enough to buffer the shortcomings in the other segments (Aceto, 2014). The company faces a lot of risks that could affect its financial performance in the future. Being a business that first sources before distributing products, it faces a significant challenge in case some of its suppliers close down or decide to sell their products. Also, low-quality products from the suppliers can affect the company’s image if the goods manage to reach the consumers. Another risk factor that could face the company is the increasingly invention of new technology in the health and pharmaceutical fields. For example, genetic engineering and gene-based medications could pose a big threat to the products of the

The Relationship Between Sharia Law and International Commercial Dissertation

The Relationship Between Sharia Law and International Commercial Arbitration - Dissertation Example ration. Procedural issues, such as: access to justice, service of process, standards of fair trial, evidence, independence and impartiality of arbitrators, joinder, intervention and consolidation, confidentiality of the arbitral proceedings, arbitral interim measures, requirements for an arbitral award. Substantial issues involving the merits of the dispute, such as the application of uniform law and mandatory rules. Acceptance of prior or intervening court judgments/ arbitral awards that may be recognized as res judicata and similar issues.4 Overall, the central debate in resolving issues about the merits of a dispute revolves about whether arbitrators can or should rely upon the general principles of law instead of the legal system of any one State. The debate gains significance when the issue is addressed differently by the general principles of law and the legal system of the state, and controversy exists in the degree to which the clashing principles of sovereignty and pacta sun t servanda should apply. b) Source of general principles of law in international commercial arbitration The phrase ‘general principles of law’ conveys the impression of a set of rules spontaneously arrived at by international businessmen; the truth, however, is that they are rules grounded in national legal systems. It must be clarified that the general principles of international law are not always applicable in all situations. In those instances that the parties have stipulated in their agreement their choice of law or rules of law that is to govern their relationship, there is no instance when general principles of law shall apply. Arbitrators are bound to respect the choice of the parties. The following are the more popular ICA rules according to institution: i) International Centre for Settlement of Investment Disputes (ICSID) Convention, Regulations and Rules ii) ICSID Additional Facility Rules iii) London Court of International Arbitration (LCIA) Arbitration Rule s iv) International Chamber of Commerce (ICC) Dispute Resolution Rules v) (United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules vi) Permanent Court of Arbitration Rules vii) American Arbitration Association (AAA) International Arbitration Rules viii) International Bar Association (IBA) Rules on the Taking of Evidence in International Commercial Arbitration 2) Islam and its Legal System a) Overview of Sharia The word â€Å"Shari’a† is Arabic for â€Å"the path† or â€Å"the way,†5 or more descriptively, â€Å"a path or way to a water hole in the desert.†6 The more figurative meaning would be the path Allah or God had designated for humankind to follow in

Sensory Perception Essay Example | Topics and Well Written Essays - 750 words - 1

Sensory Perception - Essay Example This means that whenever a certain sensation is perceived through the different senses of the body, information becomes processed as per what has already taken place in the past making it an issue of associating events. As a result, this is backed by the Pavlovian theory of reinforcement, and this makes information to be perceived as accurate provided a given stimulus is introduced every time to produced similar effects (Ban & Gantt, 2008). However, this pavlovian theory plays a significant role in labeling sensory information as inaccurate in events when experience contradicts sensory input. In most cases for sensory information to be perceived as inaccurate, a process termed as the construction of doubt takes place within an individual, whereby it creates a break down in the association between stimulus and expected results (Asratyan, 2001). The breakdown in belief takes place slowly and accounts for the largest factor that leads to inaccuracy of sensory information due to the pres ence of contradicting experiences from time to time leading to inconsistencies in perception of stimuli. In order to believe in sensory information, an individual’s intent also features in that it all depends on what the individual expects to perceive or gain from the sensory experience. This can be taken from the psychological situation of the individual making belief in sensory information to be accurate or inaccurate based on their state of being. For example, a fiercely hungry person perceives food on almost all instances including those that have nothing to do with relief from hunger. In addition, the external environment plays a key role in the accuracy, which is especially so in the case of cognitive impenetrability (Barth et al, 2012). The concept of cognitive impenetrability contributes to the inaccuracy of sensory information based on the environment in that the external environment may have objects and aspects that are not apparent to sensory organs, but these, bas ed on experiences are apparent to cognition. Consequently, cognitive impenetrability accounts for data inaccuracy in cases where one does not logically and critically process or analyze sensory information to make an immediate decision. This makes sensory data largely unreliable and invalid in spite of perceiving the immediate environment correctly as per available senses, but in the absence of cognition and experiences. Sensory information can further be made accurate or inaccurate based on confounding of different sensory organs and the data perceived. One sensory organ can pick information correctly, while another can take in information from a different angle making the information conflicting and interpretation becomes difficult. This also makes sensory information processed inaccurate by not following dynamics of the environment and the input of all the senses (Hwang, 2008). Besides the different factors mentioned in influencing the accuracy of sensory information, analysis an d assessment of sensory data, nature and nurture are involved. Nurture plays a large part in interpretation and evaluation of date through application of acquired information and experience in learning, also known as perceptual learning. Nurture allows interpretation of data as per active or passive cognition, in which case it serves to correct internal errors (Barth et al, 2012). These are errors emanating from nature in perception, as nature allows interp

Can Machines Know Essay Example | Topics and Well Written Essays - 1250 words

Can Machines Know - Essay Example There are also several ways of citing what makes up knowledge, some of them are more or less â€Å"internalist† and some are also â€Å"externalist.† I would like to follow the internalist point of view which says that knowledge is a justified belief that requires the believer to be aware of the cognitive process of the given belief. If this is the case, internalism, then, requires consciousness in the justification of a belief. So if we ask whether a machine can achieve consciousness, for me, the answer is no. There are several notions in explaining the criteria of consciousness. For example, functionalism theory states that consciousness comes about when all the parts are put together in the right sort of a whole. However, I would like to believe that personal experience or ability to experience is important in determining consciousness along with the ability to think and interpret. To experience â€Å"experiencing† one needs the skill of perception and intelligence. While one may argue that a computer with sensors could function in this manner, the concept of human independence, feelings and ethics or moral capacity is missing in the whole process.

Cover Letter--Investment Analyst-- DT Capital Advisory Essay

Cover Letter--Investment Analyst-- DT Capital Advisory - Essay Example Bachelor of Commerce program has been immensely helpful for my professional career. This program has focused on different areas and aspects of business such as finance, accounting, management, human resource management, economics and other vital areas of business studies. This degree has certainly enhanced my knowledge related to business and managing business. I am doing double specialization in Finance and Economics and Management. Therefore by having double specialization, I will have knowledge related to Finance, Investment, Economics, and Financial affairs and other finance related subjects and at the same time I will study courses such as management, human resource management, and others. As I have already worked in different companies, therefore, these experiences have helped me in knowing about practicality of different business and finance concepts. I was working as a Credit assistant at China Minsheng Banking Corporation. This job allowed me to do to investigate and evaluate the profile of customers and then recommend their credit limit. I have also worked and provided credit investigation reports of 6 projects to the Risk Management Executive Committee within demanding timelines. I have also worked at Guangdong Zhongnuo Wealth Capital Management Corporation as Management Associate. At this organization, I have worked with different departments of the company including human resource, capital market, and marketing, and this helped me to learn about different aspects and domains of business. Because of my characteristics and performance, I was assigned the responsibilities of team leader for conducting intensive advertising campaign. All these experiences have hel ped me in have a better understanding of how businesses operate and the importance of different departments at the workplace. In the future, I want to be a financial analyst or want to work in a brokerage house where I

The relationship between space and time in language Essay

The relationship between space and time in language - Essay Example We suggest that there is no direct interdependency between these terms, because they are defined by exact contextual environments and are clearly differentiated from one another in the natural environments. On the basis of modern studies and studies on temporal and spatial representations of previous years, we have examined linguistic basis to prove the fact of a co-existence of spatial and temporal relationships. Moreover, considerations from cognitive science, psycholinguistics and neurolinguistics are also relevant to further differentiation between spatial and temporal relationships. The spatial basis of temporal terms has been often supported by the majority of scientists and researchers (Cantor & Thomas, 2007; Clark, 1994; Levinson, 2003). This study opposes to the generally accepted methodological paradigm and it is claimed that there spatial/temporal terms chosen above are independent terms with complete semantics. Moreover, there is no need to investigate a temporal or spati al basis of these terms, because initially spatial domain is perceived as concrete and temporal domain is known as the abstract one. Therefore, we can suppose that â€Å"terms denoting space are concrete objects and the terms denoting time are abstract events† (Tenbrink, 2006). ... nt to investigate a possibility to identify definite limits between time and spatial relationships or it is relevant to talk about the existence and prevalence of spatiotemporal relationship. 2.0 Background Basing on the idea that human perception of time is related to space conceptualization is an unquestionable claim. It has been always underlined that time representation depends on space. In accordance with findings of psychological studies, it has been always claimed that it is natural of children to mix up spatial and temporal relationship (Clark, 1994). Clark (1994) was the first who claimed that â€Å"temporal language is based on spatial language and that English relational temporal prepositions are based on front and back† (Clark, 1994). Clark talked about â€Å"moving time† metaphor and â€Å"moving ego† metaphor and underlined that, for example, before is derived from in front of and after is derived from in back of, i.e. he correlates these two terms with â€Å"moving time† metaphor (Clark, 1994). Nevertheless, it is worth remembering that there is no one basic conceptual metaphor defining further metaphorical representations of a certain domain. A consistent basis of a metaphor has been often underlined by Lakoff and Johnson (1999). Therefore, it is necessary to underline that representations of concepts in metaphorical language is also possible outside this language, or in other words is possible in an independent manner. Still, there is a need to talk about the following peculiarities of metaphorical representations: metaphors are compatible with different domains though they do not have a scope covering different aspects of one domain and thus do not embrace the whole target concept. From another perspective, it is suggested by Habel & Eschenbach (1997)

Pick a brand, especially which has recently been in a challenge to Essay

Pick a brand, especially which has recently been in a challenge to promote its brand in an international level due to its newnes - Essay Example The company entered smart phone market with Galaxy S (sub brand of Galaxy) to compete with market leaders, such as Apple. The company within next two years slowly expanded the product portfolio under Galaxy brand name. Product portfolio of Samsung Galaxy brand can be described in the following manner. Galaxy S Galaxy S 2 & S 3 Galaxy Note Galaxy Tab Galaxy Ace Galaxy Nexus Galaxy Tab Samsung Galaxy S series is complemented with Android operating system. In the initial phase the company implemented latest hardware technology to improve performance of the phone. The company promoted the product with triplet unique selling proposition: Multimedia phone with latest application Slim and trendy look (thickness of 9.91mm) Unique design with feeling of human touch Branding Assessment Consumer’s perception about the brand In recent years Samsung Galaxy shows strong brand association among customers. Customers believe the Galaxy brand has revamped the traditional image of Samsung by imp lementing unique design and technical application in the brand. Customers prefer to work on wide touch screen of Galaxy phones. Corporate Decisions The company has increased product line periodically after the first launch of Galaxy phone. The company takes help of above the line promotion to promote the brand. In the press release Galaxy brand emphasizes on product specification to attract customers. Corporate Activities Management of the company has taken decision to push the brand further and introduced low priced smart phones in the developing countries. (Source: Author’s Creation) Steps Undertaken by Management In the initial stage many critics pointed out that Galaxy would not be successful venture in a market dominated by Apple. Customers criticized Galaxy phones due to their caught in between nature (First model of Galaxy S was somewhere between tablet and smart phone due to its absurd size). Management has taken to steps to modify the phone by increasing screen size and application in their Galaxy S2 model. In the smart phone segment Apple was the leader and Samsung classified as new player in the segment. Customers accustomed with smart phone usage has raised question over display of the phone and rejected it. Management took the rejection as challenge and changed their research and development model to overcome initial problems. People have rejected initial models of Galaxy due to its unstable quad-core processor. Quad core processor of Galaxy was working slowly in comparison to Apple’s iPhone. The company has increased processor speed by increasing Ram memory in their next models. No one can deny that initial models of Galaxy smart phones were associated with cheap and plastic look and that is the main reason why people rejected initial models. The company is still working on that issue and with their all new metallic Galaxy S III they have somewhat sorted out the problem. Research & development team has designed new models with polyc arbonate material to enhance the look of the product. iPhone users criticized Galaxy smart phone due to poor wireless connectivity and slow media file sharing while Galaxy has answered back critics with their modified models. In the initial stage people were confused about applicability of Samsung Galaxy smart phone, and the company has not tried sufficiently to clear out confusion in the mind of customers. Brand image of Apple as smart phone maker was already established when Samsung

Project management Essay Example | Topics and Well Written Essays - 250 words - 17

Project management - Essay Example It is evident that widget products in Juniper would be outdated after three years due to advances in technology. Palomino is forecasted to be in the market for seven years. The new line of widget products will be a significant part for one of the company’s strategic customers. Stargazer is also forecasted to have a product life of seven years, but at a cost for the derivative product. A market assessment study indicates that Palomino is the most viable project. One strategic customer, with a 5% margin of error, indicates that the widget products would have a positive response in the market. According to marketers, Juniper is expected to have a positive response in the market. The major problems are that the product will become obsolete after three years and the forecast is subjective to the marketers’ opinions. Stargazer widget products face some doubts among the company’s strategic clients. The market assessment study indicates that Palomino is the most viable project. Juniper has a critical path of six months at a cost of $325,000. The products from this project will become obsolete after three years generating a return on investment of $250,000 for a span of two to three years. The project might be unable to reach its breakeven point over its life span. Palomino has a critical path of nine months at a cost of $655,000. The products from this project will have a stable return on investment of $450,000 for 5 years. The products will honor the company’s wish of generating revenue within 12 months of the PMO Review. Stargazer has no production plan to determine the critical path for the widget products. It is expected to cost $575,000 at the time it is made available to customers. Research and development activities (project execution) have amounted to $450,000 for the project. Although the product is forecasted to have a return on investment of $300,000-year 1, $550,000-year 2, and $750,000-year 3, the breakeven point for this project is

Role of Political Parties in India Essay Example for Free

Role of Political Parties in India Essay As with any other democracy, political parties represent different sections among the Indian society and regions, and their core values play a major role in the politics of India. Both the executive branch and the legislative branch of the government are run by the representatives of the political parties who have been elected through the elections. Through the electoral process, the people of India choose which representative and which political party should run the government. Through the elections any party may gain simple majority in the lower house. Coalitions are formed by the political parties, in case no single party gains a simple majority in the lower house. Unless a party or a coalition have a majority in the lower house, a government cannot be formed by that party or the coalition. Indian state governments led by various political parties as of March 2009. India has a multi-party system, where there are a number of national as well as regional parties. A regional party may gain a majority and rule a particular state. If a party is represented in more than 4 states, it would be labelled a national party. Out of the 64 years of Indias independence, India has been ruled by the Indian National Congress (INC) for 51 of those years. The party enjoyed a parliamentary majority save for two brief periods during the 1970s and late 1980s. This rule was interrupted between 1977 to 1980, when the Janata Party coalition won the election owing to public discontent with the controversial state of emergencydeclared by the then Prime Minister Indira Gandhi. The Janata Dal won elections in 1989, but its government managed to hold on to power for only two years. Between 1996 and 1998, there was a period of political flux with the government being formed first by the nationalist Bharatiya Janata Party (BJP) followed by a left-leaning United Front coalition. In 1998, the BJP formed the National Democratic Alliance with smaller regional parties, and became the first non-INC and coalition government to complete a full five-year term. The 2004 Indian elections saw the INC winning the largest number of seats to form a government leading the United Progressive Alliance, and supported by left-parties and those opposed to the BJP. On 22 May 2004, Manmohan Singh was appointed the Prime Minister of India following the victory of the INC the left front in the 2004 Lok Sabha election. The UPA now rules India without the support of the left front. Previously, Atal Bihari Vajpayee had taken office in October 1999 after a general election in which a BJP-led coalition of 13 parties called the National Democratic Alliance emerged with a majority. Formation of coalition governments reflects the transition in Indian politics away from the national parties toward smaller, more narrowly based regional parties. Some regional parties, especially in South India, are deeply aligned to the ideologies of the region unlike the national parties and thus the relationship between the central government and the state government in various states has not always been free of rancor. Disparity between the ideologies of the political parties ruling the centre and the state leads to severely skewed allocation of resources between the states. Function of Opposition Party: The Opposition’s main role is to question the government of the day and hold them accountable to the public. The Opposition is equally responsible in upholding the best interests of the people of the country. They have to ensure that the Government does not take any steps , which might have negative implications on the people of the country. the role of the opposition in parliament is basically to check the excesses of the ruling or dominant party, and not to be totally antagonistic. There are actions of the ruling party which may be beneficial to the masses and oppositions are expected to support such things. In Parliament, Opposition Party should act firmly on behalf of common mass fighting for their common interest and grievances. They should raise immediate protest before a Bill passed, which is against the interest of common-men. Opposition legislators should always bear in mind that they are the representatives from each and every countryman fighting for justified demands and defending all unlawful and unfair practice.

Parties Involved In The Project Completion Construction Essay

Parties Involved In The Project Completion Construction Essay In a construction project there are several parties involved in the completion of the project. These parties can be from either the public sector or the private sector. The key parties are the owner/client, the architect/engineer and the general contractor. Between these parties there are business agreements in the form of contracts to complete the work in the project, such as: design, engineering, construction, management and maintenance. A construction project is ready for execution after the client/owner accumulates the required funds and has obtained the necessary approvals from the relevant authorities. Upon meeting the above mentioned criteria for establishing a project, the client will approach a general contractor or an architect to complete the project. In medium to large size projects the client can execute the work by employing the work force directly (trade contract), entrusting a select portion of the work to general contractors and executing the remaining work directly (main contract) or entrusting the entire work to general contractors (turnkey contract). In a main contract, the client contracts with an architect whom is responsible for the design of the project and a general contractor who is responsible for the construction, which results in two separate contracts: the client-architect contract and the client-contractor contract. Subject to the clients involvement in decision making, the architect is able to act as the clients representative. In a turnkey contract the general contractor is responsible for both the design and construction of the project; there is a single contract between the two parties: the client-contractor contract. The client-contractor contract maintains the contractual relationship between the two parties in both main and turnkey contracts. Theoretically speaking, the turnkey contractor is responsible for a main contractors and consultants (architect/engineer) work within a project, in other words the turnkey contractor is also acting as the main contractor. It is important to consider the potential for change in this contractual relationship, it is important to consider the idea that a main contractor can also act as a turnkey contractor within the project. Problem Statement How can a general contractor act as both a main contractor and a turnkey contractor within a single project? Research Questions What form of project will allow the general contractor to change their role in the projects organisational structure? How is the general contractor allowed to change roles? Delimitation This study will be written from a practical perspective, not from a legal perspective. This study will focus on the relationship between the client and general contractor in a building construction project to identify the parameters in which the general contractor is able to be both a main contractor and a turnkey contractor within a single project. This study will not cover the legal issues pertaining to liability, insurance, and risk management etc. Research Method The research conducted is through qualitative and analytical methods, to answer the research questions raised in this study. The research will be from primary and secondary sources such as: interviews, articles, books, websites, published documents from websites (electronic books, archived documents etc.), reports, publicly available legal documents (sample contracts). Chapter 1 Section 1 Prior to analysing how a general contractor acts as both a main and turnkey contractor, there is necessary to outline what their contractual roles and responsibilities are within a project. By identifying their contractual responsibilities, it allows for a more accurate analysis to answer the research questions presented in the problem statement section of this study. What is a Main Contract? In the initial stage of the project, the client awards an architect with a consultant contract, where the architect is responsible for preparing drawings, specifications, and contract documents for general contractors to bid on. The winning general contractor is awarded the main contract for the project. The main contract is a business agreement between the general contractor and the client, where the general contractor agrees to carry out the main construction works in the project. The general contractor (now main contractor) may subcontract one or more trade contractors to carry out specific works in the main contract. The main contract is a result of the Design-Bid-Build (DBB) project delivery system. The DBB project delivery system is the method the client gets the project from start to finish. DBB consists of three parties: the design party, the construction party and the client. The design party includes the architect, specification writers (consultants), engineers (structural, services, mechanical), interior designers, quantity surveyors and other participants the architect considers necessary for completing the project. Depending on the clients involvement in the decision making, the architect is able to act as the clients representative and also for reviewing contract documents. The construction party consists of the main contractor who is responsible for providing the labour, material, equipment, machinery and professional expertise to complete the project in accordance with the contractual documents which are provided by the architects. The client is responsible for providing the location of a project (the site) and the contract documents to the main contractor, providing the architect with the budget, and funding the project (paying the main contractor and the architect). The budget is an important part of the project as it allows the architect to design a building that meets the clients requirements and it determines the scope of the project. What is a Turnkey Contract? A turnkey contract is a business arrangement between the client and the general contractor. To commence the project, a client awards the general contractor a turnkey contract, where the general contractor (now turnkey contractor) is responsible for the design, engineering, construction and management of the project. The construction industry refers to the turnkey contractor as a single point of responsibility, a phrase that reflects the turnkey contractors contractual obligations. Note: The client can award the turnkey contract to either the architect or a general contractor, however the researcher will continue on the premise that the contractor is awarded the turnkey contract to remain consistent with the research for this part of the study. The turnkey contract is a product of the Design-Build (DB) project delivery system i.e. it is another method the client gets the project from start to finish. In a DB project, the turnkey contractor may award an architect/engineer a consultant contract to perform the design work. The turnkey contractor is also able to subcontract trade contractors to perform specific works in the turnkey contract. A turnkey contract can also be used in a Design-Build-Operate (DBO) project delivery strategy. In DBO the client awards a general contractor a turnkey contract, and the general contractor (now turnkey contractor) is again responsible for providing design, engineering, construction and management services, however with Operate the turnkey contractor is obligated to also provide the building to the client once it is fully operational. The purpose of DBO is to manage the client and general contractor in a multidisciplinary contract: to design, build and operate as opposed to individual agreements to govern the different facets of a project (Sunna, 2009). In a DBB project the client has a direct relationship with the architect and the main contractor (where the architect and contractor have an indirect relationship) shown in Figure 1, whereas in the DB project the client has a direct relationship with the turnkey contractor. Figure Section 2 Based on the research on project delivery systems and procurement methods, the private finance initiative involves both the public sector and the private sector working in collaboration to develop a project. This section focuses on the private finance initiative in an effort to answer the first research question: What form of project will allow the general contractor to change their role in the projects organisational structure? What is the Private Finance Initiative? The private finance initiative (PFI) is a procurement method where a private party or private parties provide funds to finance public services or projects; to partially privatise the service or project. The objective of a PFI project is to provide infrastructure to the public sector with additional services like maintenance (with PFI the private sector both operates and finances the project). Theoretically, the government (public sector) bids on a project, which includes construction work, services and maintenance. Because these projects require a variety of skills, in PFI the government and a group of private companies place a combined bid on the project, and work in collaboration to execute the project. The concept of PFI is to involve the private sector in public sector services or projects, because private companies are considered to be better at project management and budgeting/finance management. When a project is awarded, the public and private parties (in this case the government and private companies) create a new private company to manage and exchange funds for the project. These funds are used to initiate and run the project. For a construction project after the building is fully operational, if the private companies made an agreement for the maintenance of the building over a period of for example, 25 years; the government will reimburse the cost of the project (including interest) over time. Contract Process A public party (government) signs a contract with a private party (a company or a group of companies) creating a public-private partnership (PPP). A PPP is a contract between a public party and a private party. Before the PPP is created a private company creates a new company in collaboration with other private companies, this is referred to as a Special Purpose Vehicle (SPV). The SPV is made up of private investors, a construction company, a maintenance company and a bank lender/s. SPV contracts with the government creating a PPP, and also with general contractors responsible for constructing and maintaining the building. The banks funding PFI projects are repaid by SPV, from payments received from the government over the duration of the PFI contract. The repayments are based on the SPVs ability to meet the requirements specified in the contract. PFI Project Organisation Structure Refer to Figure 2; the SPV is divided into subgroups: A holding company (Com A), private investors/bank lenders (Com B) and a services or operating company (Com C). The primary contract is between the government and the SPV, and the requirements in the specification transmit from the SPV to Com A, Com B and Com C through secondary contracts, and then filter down to the trade contractors. Figure What form of project will allow the general contractor to change their role in the projects organisational structure? According to the concept of PFI procurement, once a PPP contract is signed a new company is formed to finance the project. Referring to Figure 2, the SPV is considered as the client in this project because the government requires additional funding for the service or building project and is allowing the private party (Com A, Com B and Com C) to partially privatise the project. However, the government is still part owner; the SPV can also be a general contractor. In Figure 2 the SPV is both financing and operating the project, depending on how the SPV wants deliver the project, Figure 2 assumes that the general contractor (in the project environment) is a main contractor, therefore the SPV will have a client-contractor relationship. But the government is still a part client to the project therefore the SPV is also considered as the turnkey contractor to the project. A PFI project created through the partnership of the government and the SPV allows for a general contractor to change their role in the projects organisation structure. As shown in Figure 2, the SPV is a part client, turnkey contractor from the governments perspective and main contractor from the SPVs perspective. Section 3 According to research regarding contracts and contractual relationships, Novation allows the parties involved in the project to change the project organisational structure by transferring their rights and responsibilities to the works specified in the contracts. The purpose of this section is to identify Novation in an effort to answer the second research question: How is the general contractor allowed to change roles? What is Novation? The business dictionary defines novation as the substitution of an original party to a contract with a new party, or substitution of an original contract with a new contract. To expand on that definition, novation is the process of replacing the original contract with a new contract between the original parties involved. Alternatively novation is also used to replace an original party with a new party under the original contract. Once the original party is replaced, the original partys obligations are discharged, and the new party is responsible for the replaced partys obligations. Novation can only occur when all the parties involved agree to replacing a party or replacing a contract. By replacing the obligations of the original party the main contractor all the parties involved (client, architect/engineer, and main contractor) in the original contract must agree for the replacing to take place. If the agreement to replace comes into effect, the new party will take over the responsibilities and obligations of the replaced party, i.e. the new general contractor will become a replacement to the original main contractor. Novation is used when the parties find that payments or performance are impossible under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. (Sahil, 2010) According to Rowlinson (2010), if the main contractor is being replaced with a new general contractor the clients role in the project remains unchanged (the client being the contracting party). Figure 3 illustrates how novation affects the projects organisation. The Client (A) awards a consultant contract with an architect (B) and a construction contract with a general contractor (C). However, the client wants to create a single point of responsibility for both design and construction. For this to occur, the client (A) can novate their rights and obligations (under the consultant contract) to the contractor. Figure In the pre novation phase; the client will first award an architect/engineer the consultant contract to conduct the design work for the project, through which the potential general contractor will place their bid. In the post novation phase; the consultant contract between the client and the architect/engineer is novated to the general contractor (after the general contractor is employed). This novation results in the original consultant contract between the client and architect/engineer being completely replaced with a new consultant contract between the general contractor and the architect/engineer. By novating the contract, the client transferred the architect/engineers rights and responsibilities to the general contractor, therefore the general contractor is now responsible for both the design and construction works of the project. How is the general contractor allowed to change roles? Based on the concept of novation presented in section 3, the client is able to contract with an architect/engineer making them responsible for the design work in the project. After this stage the client awards a general contractor with a main contract for the construction work in the project. If the client wants to make the general contractor (now main contractor) responsible for the post tender design work, and all the parties agree to this contract change, then the client novates the contract thus making the main contractor a turnkey contractor. Through novation a general contractor is allowed to change roles, however all parties must be in agreement. Alternatively, novation can also be used to change a turnkey contractor into a main contractor, on the basis that all parties agree. Chapter 2 Empirical Data The purpose of the empirical data section of this study is to verify the practice of the PFI procurement method as well as identify the relationship of the parties involved. An article published in The Observer section of the Guardian newspaper in the United Kingdom (UK), by Graham Norwood (2010) titled Self-build homes face a new set of obstacles is about the UK governments planning and housing policy. The articles primary focus is the effect of the policy on self-builders (owner-builders) and rural authorities, with emphasis on financing. It appears that the article is part of a debate regarding the positive and negative effects, from the owner-builders perspective as it depicts the UK government in a negative context. Extract 1 Housing minister Grant Shapps says the coalition will instruct councils to create registers of potential self-builders and allocate them land, including some private plots donated by volume house-builders, as a condition of receiving planning consent to construct large schemes. In return, at least some self-builders, chiefly in high-priced rural areas, would have to agree that their completed homes would be classified as local social housing and not be sold-on privately. Extract 1 outlines the policy and the governments intentions to provide owner-builders with properties to construct dwellings to increase housing in the UKs rural regions (by coalition the author is referring to the government). Extract 2 Orme is also critical of the abolition of house-building targets, which are to be replaced with more power for councils and community groups to decide on schemes for local homes. In some cases, 90% of locals may have to support a proposal before it can go ahead, a level of support currently achieved by very few planning applications. Orme is a reference to Jason Orme, an owner-builder and editor of Homebuilding Renovating magazine. According to Extract 2 an owner-builder requires the approval of both the local authorities and the community for the design of the building. Extract 3 The fear of many, including volume developers, surveyors and planners, is that by devolving decision-making to communities, most plans for homes will be thrown out. Until now, self-builders have been treated benevolently by planners. Before the recession there were 20,000 self-built homes in the UK annually, about 12.5% of the total, compared with 40% in Scandinavia and central Europe. Extract 3 summarises the possible issues that can slow or stop the progress of the project. Based on the first sentence by devolving decision making to communities, most planswill be thrown out the author is saying the potential effect of including local communities in the design approval process, from the consultants perspective. In this portion of the empirical section scrutinizes extracts from the UK governments Planning Policy Statement 3: Housing June 2010 discussed in the article by Norwood (2010). Extract 4 Paragraph 11 of Planning Policy Statement 3: Housing June 2010 Collaborative Working Key to the success of this new approach will be collaborative working between Local Planning Authorities and Regional Planning Bodies, as well as early engagement with local communities, stakeholders and infrastructure providers. Local Planning Authorities will need to work closely with the private sector, particularly developers and housebuilders, to achieve the Governments strategic housing objectives. In Extract 4, private sector in refers to the private party that the government will provide properties to. Through this information the researcher is able to confirm the relationship between the public and private parties. Extract 5 Paragraph 29 of Planning Policy Statement 3: Housing June 2010 Set out the approach to seeking developer contributions to facilitate the provision of affordable housing. In seeking developer contributions, the presumption is that affordable housing will be provided on the application site so that it contributes towards creating a mix of housing. Extract 6 Paragraph 36 of Planning Policy Statement 3: Housing June 2010 In support of its objective of creating mixed and sustainable communities, the Governments policy is to ensure that housing is developed in suitable locations which offer a range of community facilities and with good access to jobs, key services and infrastructure. This should be achieved by making effective use of land, existing infrastructure and available public and private investment, and include consideration of the opportunity for housing provision on surplus public sector land (including land owned by Central Government and its bodies or Local Authorities) to create mixed use developments. The statement in Extract 5: approach to seeking developer contributions to facilitate the provision of affordable housing, and Extract 6: making effective use of land, existing infrastructure and available public and private investment, together both these statements confirm that the government (public party) is going to work in collaboration with the owner-builder (private party), because the developer refers to the general contractor, and public and private investment refers to the combined funds of both the public and private parties. When the government is going to work with the owner-builder, the government is entering a PPP with the owner-builder. In Extract 1 Norwood (2010) writes their completed homes would be classified as local social housing and not be sold-on privately. The government is going to allow the owner-builder to partially privatise the completed building, particularly at the end classified as local social housing refers to a public service. The PPP between the government and the owner-builder is not the same as the PFI procurement discussed in Chapter 1, Section 2. According to that discussion, the government collaborates with a private party to jointly bid on a project and exchange funds to develop the project, here the government is providing the property/site for construction without financing the project. By comparing both the discussion of PFI in Chapter 1, Section 2, and extracts 1 to 6, the following information has been verified: the government is the public party; the owner-builder is the private party and the SPV. The relationship between the two parties is a public-private relationship, in other words the public sector is involving the private sector in public service or projects, which (as discussed previously) the concept of PFI.

Nutritional Company Herbalife Changing People Lives Marketing Essay

Nutritional Company Herbalife Changing People Lives Marketing Essay A Brief Introduction of Herbalife As founded by Mark Reynolds Hughes, 1980, Herbalife is a nutritional company which aids in the lifestyle and weight management of many people. Their main objective has always been focused on changing peoples lives by meeting the needs of every individual to provide them with a healthy lifestyle. Having been in the industry for 30 years, Herbalife has changed the lives of many people, of any age by providing nutritional and energy supplements and also personal care products, using all natural herbs and resources. Starting from the headquarters of Beverly Hills, California, Herbalife is busily expanding its operation internationally in 73 countries to continuously provide its service to people everyone in the world. With the help of Science on the 5 main focused areas which are research and development, quality assurance, manufacturing, clinical studies and lastly, establishing a Nutrition Advisory Board (NAB). Aside from the research, Herbalife has not only served the society but our planet Earth well, by their own Corporate Social Responsibility program which upholds a value of, We do the right, honest and ethical thing. With this value in their heart, Herbalife has also helped in saving Mother Earth in every way that they could. Promoting the 3Rs, they believe in taking personal responsibility and making their decisions by always thinking about the consequences in everything that they do. Not only caring for our planet, Herbalife has also been concerned for the needy of many children. Mark Hughes created a Herbalife Family Foundation  (HFF) that is dedicated to improve the lives of many children by providing them with the proper healthy nutrition. HFF has also shown continuous support in disaster reliefs over the years. Lastly, Herbalife has never failed to support their employees with a healthy and active lifestyle. By showering them with complimentary products and lowering their health insurance costs, Herbalife has always been keeping their employees at a pink of health. Looking Into The Past Providing and changing the lives of many for 30 years, Herbalife started off with a tragic story Mark Reynolds Hughes, the founder of Herbalife. At just eighteen years of age, Marks mother, Jo Ann Hughes died of an accidental overdose of prescription diet pills. Jo Ann Hughes was a part time model and actress in Los Angeles, who was obsessed in managing her weight and she spent many years in search for a convenient and effective weight loss method. However, in 1970s there were only a few methods and diet pills were the only alternative she could use. The diet pills had a lot of harmful effects on her such as making it difficult for her to sleep, so Jo Ann took plenty of sleeping pills at that time and unfortunately, she died of an overdose. The death of his mother had a great impact on Mark R. Hughes and since then, he dedicated his life to help people lose weight and to improve their health in the safest, most effective and healthiest methods possible. Despite being a school dropout, having no medical and finical background, and no finances to start his business, Mark began to take huge interest in health nutrition especially in Chinese medical herbs. He studied and travelled around China to discover more about the benefits of such herbs on the human body. With much efforts put into studying, testing and refining, Mark brought his first product of Formula 1 into many lives. This meal replacement product helps people lose weight by replacing 2 meals a day while still providing their body with all the nutrition that the cells requires. In February 1980, the 23 year old Mark finally launched Herbalife International in Los Angeles. His first customer of his product was his grandmother Mimi, who had lost about 9kg. Word of the mouth, people began taking more interest in his products and seeing the aftermath, his gain more and more customers and has raised the popularity of Herbalife. Improving, Expanding and Reaching Out In the Years The first launched of his product was a huge success as the sales for just the first month was US$23, 000. Continuous perseverance was paid and shown at the end of the year with a roaring sum of US$2million. With the tremendous success kept in mind, Mark became even more ambitious and had expanded Herbalife to even more countries. He had also established various programmes and created more products along the way. Decades of Herbalife Establishment, Contribution and Success A. In the First Decade (1980 1989) Herbalife managed to expand their business in about 8 countries such as Canada, Australia, New Zealand, and even in the United Kingdom. Many new products were also launched in the first decade for example the Formula 1 and 2 and some new hair and skin care products. B. In the Second Decade (1990 1999) With the success of the first decade, Herbalife continue to venture on reaching out to many countries as possible and to its success, Herbalife managed to open in about 40 countries. Hong Kong and Japan were the first Asian countries that had Herbalife. Again, new products were released and introduced, and it manages to launch their new line of colour cosmetics. In 1994, Mark Hughes created Herbalifes global charity organization, called the Herbalife Family Foundation (FFF). C. In the Third Decade (1990 1999) Establishing in another 24 countries, Herbalife never stops growing despite the death of their founder in year 2000. Herbalife opened in the Singapore in 2003. The HFF donates generously to the Katrina and tsunami disaster relief programs in 2005. The HFF has also reached out to many countries to help save many lives. Herbalife has also actively sponsors and contributes in the athletic world. Other products were also launched and Herbalife is proud to introduce their Formula 1 product for kids. Today, Herbalife has reached out to a total of 73 countries and has changed over a million lives. How does Herbalife change the lives of many Changing lives is difficult because mending the diets and keeping a balanced nutrition is a long and tedious process which requires time, patience, perseverance and a correct mind set. To accomplish all of the above, Herbalife always encourages a proper, balanced diet with a few nutritional guidelines and the adequate amount of exercise to live a better lifestyle. Herbalife has come up with some healthy guidelines for maintaining a good and proper nutrition: Staring the day with a healthy breakfast is important because it helps to provide you with energy that you require throughout the day. Recommendations: Formula 1 and Personalized Protein Powder would be the all-in-one healthy breakfast choice that includes all the nutrients required. Do not overeat during the day and unhealthy snacking is not advisable because it is not a good way to lose weight and provide your body with the nutrition. However, snacking in healthy methods such as fruits and vegetables would be good. Your body must be always hydrated by taking sufficient amount of fluids that it requires. Besides water, each individual should be aware of how much nutrients such as proteins, fats, carbohydrates, minerals and vitamins are needed for themselves. Balancing these nutrients will ensure a healthy diet. Besides having a good and balanced nutrition, our body needs to stay fit and active. Herbalife encourages many to exercise regularly because exercising can help to increase metabolism rate, lower the risk of illnesses and diseases, builds up muscles and tone up the body. How does Herbalife business work? Not just having to be a customer, Herbalife has opened a distributor opportunity to everyone. As a Herbalife distributor, you get to change many lives and yet earn an income too. Millions of satisfied customers have joined Herbalife as a distributor and this has increased the popularity of Herbalife over the years. The role of a distributor is to promote and gain as many customers as possible with the correct mindset of promoting healthy lifestyle for everyone. A distributor must also provide a good experience for all customers by delivering the products in person, be courteous to potential customers and provide a great follow-up service by calling and ensuring that the customers are getting positive results with the products, and also to introduce them to new products. To ensure that the customer is satisfied, a distributor must also start by building a strong relationship. Showing a great and genuine interest in meeting the needs of the customers will make them trust them more. The USE, WEAR, TALK Principle The USE, WEAR, TALK is a principle which consists of three simple concepts which all distributors must know and follow. This principle helps many distributor s succeed in their Herbalife business. USE As a distributor, he or she must use the product every day and show positive results because then, their customers will trust them more. Seeing is believing, therefore the distributor have to take Before and After photos of themselves to show their customers that they did it. This will gain trust from their customers and they will want to follow their footsteps. WEAR Wearing refers to the Herbalife buttons and apparel which aids in the promoting and advertising of Herbalife. Buttons such as Lose Weigh Now, Ask Me How! will gain the attention of many and people will want to ask you about what the button meant. This will help distributors start off conversations much easier. TALK When the distributor finally got a customer, he or she needs to use resourceful and the right knowledge about the products, financial success stories and business opportunity to instruct their customer on how to use the Herbalife product efficiently. Lastly, by encouraging customers to be a part of Herbalife as a distributor would serve many benefits to both parties. The customer will gain discounts in all products and he or she is open to a business opportunity which in return, he or she can gain his or her own customers. He or she will also have an opportunity to travel with Herbalife around the world for trainings programmes and various Herbalife events. On the distributor side, if he or she has gain many customers and reached the specific targets, he or she gets even more discounts and profits. With that, he or she can be promoted to higher standards in the Herbalife business and gaining much more benefits. Swot Analysis of Herbalife Strength Weaknesses Opening to many more countries Increase Herbalifes entity with the increase of distributors Frequent road shows to promote Herbalife Lack of customers and their trust, Herbalifes business will suffer losses Competitors of similar companies Products may be banned in some countries due to the different requirements Opportunities Threats Herbalife allowing business opportunities will help many people earn an income More income and expanding business with health conscious society Being a health company, Herbalife can face threats like complains of products By bringing Herbalife to many other countries, the strength of this method could not only expand the business but also change many lives across the globe. With more people joining as distributors, the business will grow faster and more people will know about Herbalife. Lastly, promoting road shows is a strength because with every road show, Herbalife can gain more customers and spread the message across of healthy living to many people. Herbalife has opened their doors to many people for a business opportunity to earn an income for themselves. This job is done leisurely and thus people would not find it a chore to complete a certain task given to them. In todays society, many people demands for a good healthcare system. This gives a huge opportunity for Herbalife to sell its nutritious products faster since the demands keeps increasing. Similarly to many companies, once there is a loss of customers, the company will face a lesser profit at the end of the year. If this persists, the company would face a downfall or even bankruptcy. Since the demand for good healthcare is increasing, more and more companies will open for the same purpose which is to promote and sell their health products too. With such a competitive market, any company whos laid back and not up to date will definitely be on the losing end. Due to the different requirements in the different countries, some health products may be banned as the government agrees that it is not suitable to be sold. If the products do not meet the requirements that are proposed by the country, again Herbalife would lose another opportunity to sell their products. Being a health company, Herbalife can face threats like complaints of products. People who would have complained might have suffered some conditions or find the products inefficient and not working on them. This again will lead to a loss in business. Marketing Mix of Herbalife Product The main purpose of Herbalifes product is to help their customers lead a healthy lifestyle with the appropriate and sufficient nutrients needed for themselves. Not only just selling their nutritious products, Herbalife has also skin and hair care products too. Price Herbalife has a special pricelist for their distributors. As mentioned in the earlier part, when a distributor performs well and reaches the certain target, he or she is entitled to more discounts based on the category they are standing on. For example, Herbalifes main product would be the Formula 1 nutritional milkshake. A customer will purchase this at $77.22. However, if a distributor purchases the same product, he or she is entitled to a 25% discount and the cost of it would be $59.35. The percentage of discount will increase when the distributor is promoted to a higher level. Place Herbalifes Worldwide Corporate Headquarters is located in Los Angeles, USA. In Singapore, Herbalife International Singapore PTE. Ltd was located at Orchard Road. They moved earlier this year (2010) to TripleOne Somerset Road. Promotion Herbalife has always been keen to go public. Distributors are giving free body evaluations almost every day and free health talks once a month. As a normal customer, they can also stand a chance in having a higher percentage discounts when they buy in bulk. Herbalife has come up with a wholesale price scheme which allows their customers to have more discounts when they buy in large amounts. Comparing Herbalife and a Competitor, Cambridge Diet Cambridge Diet The Cambridge Diet is a diet plan developed by Dr. Alan Howard, a research scientist of Cambridge University in 1970. Dr. Alan together with Dr. McLean-Baird researched and created a weight plan that helps people lose weight by consuming their formulated products which contains all the nutrients required. The Cambridge Diet was a success as results proved that it was effective in helping many people to lose weight quickly. Herbalife The Cambridge Diet Serves the purpose of helping people lose and gain weight healthily Main purpose of helping people lose weight effectively only As of today, Herbalife has already been established in 73 countries, worldwide in just 30 years As of today, The Cambridge Diet Plan is sold in 31 countries worldwide in 40 years only. Does not only sells health products but other products like skin and hair care products, cosmetics Only sells health products like meal supplements such as porridges, healthy bars and shakes with a plan to follow for effective results Herbalife products cater for all age groups, from toddlers and kids to adults and elderly. The Cambridge Diet is suitable for people over the age of 16 Involves in many events and helps the world in various ways such as providing funds and help for disaster reliefs; for example establishing of the Herbalife Family Foundation Does not have a charitable organization, is focused mainly on helping people lose weight and live a healthy lifestyle. Why do I compare Herbalife with the Cambridge Diet? Both companies, Herbalife and The Cambridge Diet are similar healthcare companies that provide helps and ways to help people improve their weight problems with nutritional products. However, referring to the table above, both companies are quite different in various ways. The goal for the company may be quite similar however, Herbalife helps both people who are underweight to gain weight and overweight to lose weight. Unlike The Cambridge Diet which only helps people lose weight. Herbalife is more successful in selling their products and expanding their business over the world. This can be seen in the number of countries where their availability is found. Herbalife does not only focus on a certain age group and thus, it is well-rounded in providing for everyone needs. Lastly, Herbalife thinks for the society and is responsible and helpful in doing their part for Mother Earth. Opening a charitable organisation would already benefit and save many lives. To sum it up, Herbalife can be seen to be more successful and has achieved many goals over the years. It is more established and has thoughtful in providing the needs for people of all ages. The Final Climb to Success After the tragic death of Herbalifes founder, Mark Hughes, the company faced many struggles that caused damages to the companys reputation. Lawsuits after lawsuits were filed on Herbalife that caused the companys sales to decrease from $1,085.5 million in 2000, to $1,020.1 million in 2001. The decision was then made to sell the company. Herbalife was invested by private firms Whitney Co. and Golden Gate Capital in 2002. Michael O. Johnson, who was also the President of The Walt Disney Company for 17 years, became the CEO of Herbalife. Under the direction of Michael O. Johnson, Herbalifes sales began climbing steadily from $1,309.7 million in 2004, to $2,324.6 million in 2009. In 2007, Michael O. Johnson became the Chairman of Herbalife. With such a talented leader for Herbalife and the never dying spirit of Herbalife, the sales have grown to $2.7 billion today. Only with the help of Michael O. Johnson, Herbalife was able to get in the road of success once again. Conclusion Over 30 years, Herbalife has proved that failure is never a dead end and only with the countless number of tries, Herbalife is proud to be where it is now. Today, Herbalife has continuously been improving, researching and expanding their business worldwide. With the strong beliefs, values and missions, I believe Herbalife will prosper even further.

Predestined Serial Killers :: Genetics Murder Genes Essays

Predestined Serial Killers serial killer: a person who commits a series of murders, often with no apparent motive and usually following a similar, characteristic pattern of behavior. (8) As participants in today's information obsessed society we are constantly being bombarded with the brutal actions that mankind is capable of. One watches the news and hears about a murder, or reads a book about a mysterious killer. The only time that the New York Daily News has ever outsold the New York Times was when the headline claimed the letters that proved the 'real' identity of Jack the Ripper. As you wade through these bits and pieces of reality, one can't help but be struck by the thought-- what causes a person to actively commit such horrendous acts? There have been many different studies done in hopes of finding an answer. For a crime such as serial killing there are two main schools of thought. The first idea is that serial killing is caused by an abnormality in the frontal lobe region of the brain. Another theory is that serial killers are bred by circumstance. However, I believe that with some analysis the evidence for both theories can serve to prove that serial k illers are genetically different. Thus demonstrating that serial killing can find its origins in genetics. A startling amount of criminals on death row have been clinically diagnosed with brain disorders. A recent study has demonstrated that 20 out of 31 confessed killers are diagnosed as mentally ill. Out of that 20, 64% have frontal lobe abnormalities. (1) A thorough study of the profiles of many serial killers shows that many of them had suffered sever head injuries (to the frontal lobe) when they were children. To discover why damage to the frontal lobe could be a cause of serial killing, one must look at the function of the frontal lobe of the brain. The frontal lobe is located in the most anterior part of the brain hemispheres. It is considered responsible for much of the behavior that makes possible stable and adequate social relations. Self-control, planning, judgment, the balance of individual versus social needs, and many other essential functions underlying effective social intercourse are mediated by the frontal structures of the brain. (3) Antonio and Anna Damasio, two noted Portuguese neurologists and researchers working in the University of Iowa, have been investigating in the last decade the neurological basis of psychopathy.