Thursday, September 3, 2020

Zeus And Odin Essay Example For Students

Zeus And Odin Essay Zeus and Odin Zeus is the leader of the Greek divine beings. He is the child of Cronosand Rhea, in reality the main child of these two to make due to adulthood. Zeus hadbeen covered up by Rhea so that Cronos would not swallow him like he had all ofhis other posterity; he had been cautioned that one of his youngsters wouldeventually topple him. Rhea sent Zeus to the island of Crete where he wasraised. Zeus in the long run murdered his dad. After he murdered Cronos, he reestablished lifeto his siblings and sisters. He at that point drew parcels with his siblings Poseidon andHades to see who might become leader of the different pieces of the universe. We will compose a custom paper on Zeus And Odin explicitly for you for just $16.38 $13.9/page Request now Zeus won the draw and turned into the preeminent leader of the divine beings. He is ruler ofthe sky, the downpour god. His weapon is a thunderclap, made for him by theCyclopes under the heading of Hephaestus, which he throws at those whodisplease him. He wedded a progression of companions with whom he had manychildren including: Athena, The Fates, Ares, Apollo, Artemis, and Hermes. His last, and most notable spouse is Hera yet he is well known for his manyaffairs. Odin is the pioneer of the Norse divine beings and has a heap of namesincluding Allfather, Ygg, Bolverk (scalawag), and Grimnir. He likewise includes manyfunctions inside the legends including being a divine force of war, verse, astuteness, anddeath. In any case, he isn't viewed as the primary divine force of every one of thesefunctions. Odins image is his otherworldly lance named Grungir which nevermisses its imprint. He additionally claims an enchantment ring called Draupnir which can createnine of itself consistently. It was this ring Odin laid on his child Baldersfuneral fire and which Balder came back to Odin from the black market. Odinalso has two wolves, Geri and Freki, and two ravens, Hugin (thought) andMunin (memory). He sends his ravens out each day to accumulate information forhim. Odin was bound to pass on at Ragnarok; Fenris-Wolf gulped him. Knowing his destiny, he despite everything decided to grasp it and do fight, demonstrating the truewarrior ethic. He is the lord of warriors and rulers, not the normal man. Among his kids are:Thor, Hermod, and Balder. He is hitched to Frigg, thegoddess of marriage. The primary evident similitude among Zeus and Odin is intheir appearance. Both are extremely huge men, yet they are not portrayed as fatmen. Both look extremely incredible and premonition. They likewise are both indicated ashaving facial hair. A whiskers speaks to masculinity, in a fundamental route as facial hairis something that each man can have. In this sense the facial hair as a signaturefeature of these divine beings gets a feeling of connection to the individuals inside thesocieties that venerated them. In the event that they had an alternate mark highlight, forexample wings, this would expel the divine beings from the regular man. Thebeard is something common individuals can identify with. It might likewise be of note thatthe cliché perspective on Vikings and Norsemen quite often includesbeards on the men. Possibly they were attempting to imitate their head god ormaybe the god was ma de in the picture of the common man. Here is thedirect examination. Zeus and Odin were separate leaders over the divine beings intheir folklores. Zeus was known for maintaining the law and social request. Infact, one of his titles was Zeus Horkios which actually implies the Guarantor ofOaths. This is very comparable ot Odins recording of the considerable number of laws, contracts andagreements onto his lance which he will undoubtedly maintain. The two of them had theirpalaces in the sky somewhat. Mt. Olympus was extremely high (in themythologies; the genuine Mt. Olympus is a mountain, however not extremely high.) It is alsoimportant to take note of that when the three siblings (Zeus, Poseidon, and Hades)were choosing which part of the world each would get, Zeus picked the sky. .u30272da9e67625b8a185b1885ba7b058 , .u30272da9e67625b8a185b1885ba7b058 .postImageUrl , .u30272da9e67625b8a185b1885ba7b058 .focused content region { min-stature: 80px; position: relative; } .u30272da9e67625b8a185b1885ba7b058 , .u30272da9e67625b8a185b1885ba7b058:hover , .u30272da9e67625b8a185b1885ba7b058:visited , .u30272da9e67625b8a185b1885ba7b058:active { border:0!important; } .u30272da9e67625b8a185b1885ba7b058 .clearfix:after { content: ; show: table; clear: both; } .u30272da9e67625b8a185b1885ba7b058 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; obscurity: 1; progress: murkiness 250ms; webkit-progress: darkness 250ms; foundation shading: #95A5A6; } .u30272da9e67625b8a185b1885ba7b058:active , .u30272da9e67625b8a185b1885ba7b058:hover { haziness: 1; change: mistiness 250ms; webkit-progress: mistiness 250ms; foundation shading: #2C3E50; } .u30272da9e67625b8a185b1885ba7b058 .focused content region { width: 100%; position: relat ive; } .u30272da9e67625b8a185b1885ba7b058 .ctaText { fringe base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: striking; edge: 0; cushioning: 0; text-design: underline; } .u30272da9e67625b8a185b1885ba7b058 .postTitle { shading: #FFFFFF; text dimension: 16px; textual style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u30272da9e67625b8a185b1885ba7b058 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; outskirt: none; fringe range: 3px; box-shadow: none; text dimension: 14px; textual style weight: intense; line-tallness: 26px; moz-fringe sweep: 3px; text-adjust: focus; text-enrichment: none; text-shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/basic arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u30272da9e67625b8a185b1885ba7b058:hover .ctaButton { foundation shading: #34495E!important; } .u30272da9e67625b8a185b1885b a7b058 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .u30272da9e67625b8a185b1885ba7b058-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u30272da9e67625b8a185b1885ba7b058:after { content: ; show: square; clear: both; } READ: Chad Vonder Haar: Untrustworthiness is an issue with todays youth EssayThere are numerous accounts of Zeus looking down from Mt. Olympus into the livesof other men. This is additionally the situation with Odin. He could watch different people,gods and humans the same, from his seat Hlidskialf in Asgard, Asgard being thepalace in the sky where the divine beings met. So there are particular similaritiesbetween Asgard and Mt. Olympus: both were in the sky, both took into account theobservation of the remainder of the world, both were the gathering place for the godsin their separate legends. The activities of the two divine beings are very impo rtantto take a gander at also. Zeus is notable for going off into the universe of mortalsand attempting to have relations with the humans. As a rule he would changeshape so as to achieve this. He accepting such structures as a bull, swan, goldenshower, and a quail, for instance. This shape-moving was additionally a commonplace actionof Odin. He changed himself into creatures incidentally, for example, a snake or aneagle. (Strangely, Zeus is frequently portrayed as a hawk!) But, more regularly thannot, Odin changed himself into The Wanderer. In this structure he was known towear a long dark shroud and a wide overflowed cap that secured or cast shadowsover his missing eye. In this structure he endeavored, on numerous events, to haverelations, frequently generating posterity. There is one story of Odin and Rindwhere Odin must change his shape on different occasions to address the issues of Rindwho he is charming. He changes from commander of her dads armed force to a smithto a warrior lastly is acknowledged into her arms simply in the wake of taking his naturalform as a divine being. This raises one significant contrast between the two: theattitudes of the two separate spouses of the divine beings, Hera and Frigg. Hera iswell-known for her envious and wrathful responses to Zeus activities. However,Frigg doesn't have a similar response. To see the improvement of thisthought, see the spouses page. Another shared characteristic of the two divine beings is theirinteraction with humans. In both their meeting and helping of these humans Zeusand Odin distinguished certain individuals that they thought about extraordinary and offered themtheir help. This backings the hypothesis that these folklores, in light of the fact that theywere serving commonly less-propelled social orders (mechanically, socially andintellectually), made divine beings who might descend and genuinely interactwith humans, gave the divine beings a feeling of substantial quality to the general public. At this pointcould a general public have had the option to acknowledge an impeccable, transcendent being,especially one on an infinite level, as opposed to a physical level? In the event that a divine being couldcome to a man and truly help him, that would be a motivating force to believeand adore. Both of these divine beings have a particular image of intensity. Zeus hashis lighting jolt, and Odin has his lance. Both of these things have a somewhatnegative understanding. Lighting is a ruinous power and a lance is a weaponused to murder. In our general public, divine beings are typically shown to have a very positivelight encompassing them and a weapon may appear to be peculiar to us as an image of agod. We should likewise observe that the divine beings both utilized their individual weapons bythrowing them. Possibly this is the start of the musings of an astronomical substance the divine beings didn't need to be truly there, yet could extend theirintentions from far off. The way th at both of these images were dangerous inone structure or another brings up a couple of issues: Were these societies searching for adestructive god? Is it accurate to say that they were still at an express that a crude representation ofman was wanted as a divine being? Were these social orders taking a gander at tumult anddestruction as being more significant in the general public than request? It might be thatthe dread that they conjure will have individuals feeling that they can be punished,and on the off chance that they are rebuffed it won't be a basic token punishment, but instead aspear or lightning jolt flung at them. So I accept that this dread was usedwhen the fantasies were as a rule initially designed so one would

Tuesday, August 25, 2020

The Analects of Confucius

The Analects of Confucius Confucius: Thoughts and Beliefs The considerations and platitudes of Confucius can be alluded to as analects of Confucius. They appreciate readership from age to age. They likewise remain very applicable to today’s initiative. His lessons were very marvel and relevant. A significant number of these lessons ponder his life as a youngster. Likewise, the vast majority of his lessons are an impression of his longing of how life ought to be in all perspectives. This remembers his perspectives for authority, public activity and people.Advertising We will compose a custom paper test on The Analects of Confucius explicitly for you for just $16.05 $11/page Learn More He was against the administration of the day. This put him in crash with the initiative of the day. He fled to another nation. He served in the legislature of the day yet for a brief timeframe. In the wake of returning, he set out his craving to go down to his devotees his lessons. Numerous individuals tuned in to the less ons of Confucius. He later passed on and his lessons appreciate readership in history exercises as works of art as supported by Norden (45). The lessons of this ruler, who was exceedingly loved in his rule during the Zhou administration, are very pertinent in today’s world. Confucius upheld for an amicable living between individuals. The force he said was in the individuals. Everybody, including the pioneers was under the umbrella of appropriate ethics, which he stated, was the cloth from which the tranquility of the nation was to be made. He upheld for most extreme trustworthiness. This is as yet rehearsed in china and everywhere throughout the world. Confucianism is an astounding method to administer individuals as it perceives their privileges. It doesn't mistreat any one. Pioneers are responsible for their activities. There is no space for supreme force. It likewise envelops even the latest worries of the current occasions such as condition. Confucius prompted individuals to live amicably with everything that were available to them, including objects (Norden, 13). On the issue of improvement, he was all out that it is ethically unsuitable to develop on that boondocks and disregard different wildernesses like social development. He decidedly accepted that both ought to be believed to develop together as they interlace. Sooner or later, he accepted, the two will require one another and henceforth it is ideal to develop at the same time as opposed to independently. He obviously accepted that the world is made so that all ought to be in amicability. Along these lines, in his backing for this, he instructed individuals to be benevolent, not exclusively to their kindred people, yet in addition to creatures, estates and all that existed inside and around them. Confucius accepted there is a need to maintain things that were social and ceremonial. These two were to a great extent referenced by in his lessons and works. These lessons are other astute called a nalects of Confucius. During his time, the social condition of china was extraordinarily regarded and individuals related with their way of life (Norden, 3). Materialness of Analects These lessons of Confucius are very appropriate in the current world. His intense convictions in issues like condition are a migraine to governments right now. Most governments are wrestling with the issue of a worldwide temperature alteration and it stays to be the most testing governments’ undertaking in the following century.Advertising Looking for exposition on theory? How about we check whether we can support you! Get your first paper with 15% OFF Learn More Therefore, his conviction that individuals should live amicably with nature is showing itself no doubt. He was additionally a crusader for straightforwardness in governments and open foundations. This additionally remains a significant test for governments. This is particularly evident in underdeveloped nations. These nations are wrestli ng with the issue. His optimal style of initiative which vests power in individuals is as yet rehearsed the world over. It was the purpose behind unrests that were seen from there on the world over. This was on the grounds that individuals needed to pick up the force. He likewise needed individuals to live in harmony and have steady acknowledgment of the earth in which they lived in. Confucius accepted that individuals ought to likewise maintain their societies. Absence of that, Confucius emphasized, prompted lost personality. This is very obvious in numerous nations who continue attempting to maintain their character. This is from numerous points of view including setting up exhibition halls and social focuses (Norden, 23). Generally speaking, the analects of Confucius keep on forming the initiative existing apart from everything else from numerous points of view. His cultural measurements in lessons are very show on the planet. His essence is felts in all angles on human living. T he pioneers of his time disregarded his lessons and sooner or later took steps to prison him. Be that as it may, he despite everything rules as his qualities and lessons are the premise of strategy making and initiative style in numerous nations. Contrasted with pioneers of Sayers of his day like Han Feizi, his lessons have kept on standing the trial of time. He had serviceable thoughts concerning administration. He pushed for rules and guidelines and laws. The law of a nation, Han Fei accepted, was the principle determinant of her quality or saw shortcoming. Nations that maintained law were solid and those that didn't were powerless. The individuals in the nation ought to be believed to have severe adherence to the guidelines and laws that oversee them. At the point when people in general is content with the legalism of a country, the nation, Han Fei composed, develops on numerous boondocks including financial, political and social. At the point when a nation needs legalism, it dis integrates on those outskirts and establishments are not regarded. There is likewise open melancholy towards administration which may cause destruction. He additionally pegged the security of a country, on various zones, to how legal it was. He said that nations where the private part is managed and effectively curbed, there was outstanding development. Notwithstanding, if the private segment was maverick and wild, the nation loses significance and a considerable lot of its organizations disintegrate. He likewise applied this to outer dangers saying that any nation, whose inner lawful framework was tenable, seemed, by all accounts, to be solid to its adversaries. The converse is valid for any nation whose inside legitimate frameworks are frail (Norden, 45).Advertising We will compose a custom paper test on The Analects of Confucius explicitly for you for just $16.05 $11/page Learn More In administering a nation, Han Fei said it was imperative to have ethics however they didn't overr ide the requirement for guideline. Guideline was the premise from which ethical quality was brought into the world as per Han Fei. This is in sharp appear differently in relation to Confucianism and thus the motivation behind why Han Fei was condemning of pioneers who utilized during his time. He additionally appeared to have a weakness for authority. He said that it was significant for a pioneer to appreciate legitimate opportunity to have the option to oversee. Notwithstanding, Confucius was of the supposition that administration ought to be the underlying demonstrators of good ethics and consequently rebuffed first on the off chance that they negated the equivalent. In Han Feis assessment, this effectively weakened them. During his time, there was close to nothing, or diminishing, respect for social methods of the Chinese as indicated by (Norden, 47). Han Fei likewise said that honor was significant. Pioneers should utilize it and use regularly to inspire its assignments. At the point when a pastor accomplishes something great he ought to adulated and regarded. Despite what might be expected, Han Fei said this ought to go connected at the hip with rebukes. Priests who damage the king’s requests ought to be criticized and conceivable soothed of his obligations. Be that as it may, his thought for reprimand was profoundly questionable. This incorporates torment, demise and detainment. Tribute is in type of remunerations, endowments and honors. This style of authority was exceptionally basic not long after the passing of Han Fei. The lords that managed from there on were exceptionally cheerful since they could undoubtedly give their steerage to their family placing into thought Han Fei’s simple ride to it. Confucius supported for an agreeable living between individuals. The force he said was in the individuals. Everybody, including the pioneers was under the umbrella of legitimate ethics which he said was the cloth from which the tranquility of th e nation was to be made. He upheld for most extreme trustworthiness. This is as yet polished in china and everywhere throughout the world. Confucianism is an extraordinary method to oversee individuals as it perceives their privileges. It doesn't abuse any one like is the situation in Han Feizi. Pioneers are considered responsible for their activities and there is no outright force. It likewise envelops even the latest worries of our occasions such as condition. Confucius exhorted individuals to live agreeably with everything that were available to them, including objects (Norden, 45). End Confucius was the dad of Confucianism which is significantly polished the world over. It is particularly obvious in china. Chinese individuals adore Confucius for the way in which he has formed the legislative issues of the country state-of-the-art. In spite of the fact that he may have been disagreeable with the pioneers of the yester years, he is surprisingly well known with the current chiefs w ho admire him for authority ways.Advertising Searching for paper on reasoning? We should check whether we can support you! Get your first paper with 15% OFF Find out More He additionally stays to be the most famous. He soul lives on and is show from multiple points of view his lessons influence individuals, both socially and initiative savvy as verified by Norden (14). Norden, Van. Confucius and the Analects: New Essays. New York: Oxford University Press, 2001.

Saturday, August 22, 2020

Longest Comet Tail Discovered Essay Example

Longest Comet Tail Discovered Essay Prologue TO COMETS The principal recorded comet locating occurred in China over 4,000 years ago.People have been scared and entranced by these incredible chunks of light ever since.They seem to appear unexpectedly and illuminate the night sky like bundles of fire; this made individuals anxious. Nobody realized what to think about them. On May 1, 1996, the Ulysses rocket unconsciously flew through the tail of an undetectable comet tail, which was hence found to be practically twofold the length of the longest recently realized comet tail, estimating almost 350 million miles. This nearby experience between the rocket Ulysses and the tail of a lighting quick comet has helped researchers to recognize that the longest comet tail at any point found began from Comet Hyakutake.According to Shanks, the tail of the Hyakutake comet expanded in excess of 300 millions miles from its core, which is multiple times the good ways from the earth to the sun, which names it the longest tail at any point recorded (2000). We will compose a custom article test on Longest Comet Tail Discovered explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on Longest Comet Tail Discovered explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on Longest Comet Tail Discovered explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer What is a Comet? What precisely is a comet tail, some may ponder. Comets are little, frigid articles that shaped at the beginning of the nearby planetary group, maybe as far back as 4.5 billion years agoâ€Å"Comets are additionally ‘time capsules’ on the grounds that they give us a perspective on the past† (Wilsdon, 2000, p.14)Scientists accept comets are lumps of material left over from the arrangement of the planets in our external close planetary system †Uranus, Neptune, and Pluto †and that most comets can be found a long ways past Pluto (Bonar, 1998, p. 14).Comets are frequently called filthy snowballs since they are comprised of ice, residue, and natural particles. As comets travel in their circles around the sun, they can draw near enough to the sun to heat up enough with the goal that the ice starts to dissipate. This outcomes in the caught materials being discharged into space. Life systems of a Comet As a comet approaches the sun, its frigid center bubbles off, shaping a dust storm and gas. The front of the comet, whi

Bp oil spill Essay Example | Topics and Well Written Essays - 500 words

Bp oil slick - Essay Example Because of the blast, an oil gusher situated on the ocean bed streamed steadily for around a quarter of a year prior to the wellhead was at long last effectively topped after various bombed endeavors (Robertson and Krauss, 2010). The oil slick had genuine repercussions on Bp and its speculators just as different partners in various related ventures as the organization needed to guarantee duty regarding all the harm that was done thus (Robertson and Krauss, 2010). The level at which the organization was influenced can be estimated by means of the utilization of key pointers of execution identified with the showcasing business. After examinations were directed it was resolved that Bp was at fault for the mishap. Anyway it was resolved that Deepwater Horizon administrator Transocean and Halliburton which was the temporary worker of the oil rig was additionally to fault for their different jobs (Robertson and Krauss, 2010). The consequences of the examination prompted various repercussions particularly for Bp specifically. Utilizing long haul Key markers of execution one can confirm that BP followed through on an enormous cost for their slip-up. In monetary terms, BP took an enormous scratch in their money related status as they wound up paying more than 4 billion dollars in fines and different costs specifically. Such an enormous budgetary impact can show the ruin of an organization if not appropriately oversaw and dealt with in a financial way (Parmenter, 2007). The picture of BP additionally endured a genuine shot as associations, for example, the EPA created questions over its respectability and therefore it lost its capacity to compete for government contracts after the mishap. This shows the way that the company’s open picture took a negative turn which can be perilous if not upset as quickly as time permits (Parmenter, 2007). The news reports likewise painted the organization in an awful light as ecological and different associations reprimanded the organization for

Friday, August 21, 2020

Oblicon Art. 1380-1404 Outline Essay Example

Oblicon Art. 1380-1404 Outline Essay Article 1380 ? Rescissible Contracts ? Those legitimately settled upon in light of the fact that all the basic components exist and, in this manner, lawfully successful. ? They are substantial and enforceable albeit subject to rescission by the court when there is financial harm or partiality to one of the gatherings or to a third individual. ? Rescission ? A cure allowed by law to the contracting parties and to third people so as to make sure about reparation of harms brought about by a legitimate agreement ? Essentials of rescission 1. Agreement is legitimate 2. There is injury/financial bias 3. In view of a case particularly gave by law . No other legitimate cure 5. Gathering requesting rescission must have the option to return what he is obliged to reestablish 6. Item not in legitimate ownership of another 7. Period to record not endorsed Article 1381 ? 5 kinds of rescissible agreements 1. Agreements went into for benefit of wards 2. Agreements settled upon in portrayal of truants 3. Agreements attempted in extortion of loan bosses a. existing credit before the agreement to be repealed b. misrepresentation with respect to the indebted person c. bank can't recoup his credit in some other way 4. Agreements which allude to things under prosecution . Every other agreement extraordinarily pronounced by law to be dependent upon rescission Article 1382 ? Installments made in a condition of bankruptcy ***Payments made in condition of indebtedness for commitments to whose satisfaction the borrower couldn't be constrained at the hour of they were affected, are additionally rescissible. *** Article 1383 ? Nature of activity for rescission o Rescission isn't a chief cure; just auxiliary, implying that it tends to be profited of just if the harmed party demonstrates that he has no other lawful methods beside cancelling the agreement to get review for the harm caused. We will compose a custom exposition test on Oblicon Art. 1380-1404 Outline explicitly for you for just $16.38 $13.9/page Request now We will compose a custom paper test on Oblicon Art. 1380-1404 Outline explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom paper test on Oblicon Art. 1380-1404 Outline explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer Article 1384 ? Degree of rescission o The rescission will just be to the degree of the creditor’s unsatisfied credit. Article 1385 ? Rescission makes commitment of shared compensation o When the court proclaims an agreement revoked, the gatherings must come back to one another: 1. The object of the agreement with its natural products 2. The cost thereof with lawful intrigue ? Commitment of third individual to reestablish o The condition â€Å"he who requests rescission† applies to a third individual. On the off chance that the third individual has nothing to reestablish, the article doesn't have any significant bearing. ? At the point when rescission doesn't matter 1. In the event that the gathering who requests rescission can’t return what he is obliged to reestablish under the agreement 2. On the off chance that the property is lawfully in the ownership of a third individual who acted in accordance with some basic honesty. In such case, the cure is request reimbursement for harms from the individual who caused the misfortune. Article 1386 ? Agreements endorsed by the courts o If an agreement went into for sake of a ward or truant has been affirmed by court, rescission can't occur in light of the fact that it is legitimate whether there is injury or not. Article 1387 ? At the point when distance assumed in extortion of loan bosses 1. Estrangement by unnecessary title gt; When the giver didn't hold adequate property to pay all obligations contracted before the gift 2. Estrangement by difficult title gt; When made by people against whom some judgment has been rendered in any occurrence or some writ of connection has been given ? Conditions d esignated as identifications of misrepresentation 1. Thought of the transport is invented or deficient; 2. An exchange made by a borrower after suit has been started and keeping in mind that it is pending against him; 3. A deal upon credit by a wiped out borrower; 4. The exchange of every one of his properties by a borrower, particularly when he is wiped out or extraordinarily humiliated monetarily; 5. The exchange is made among father and child, when there are available a few or any of the above conditions 6. The disappointment of the vendee to take selective ownership of all the property; and 7. It was obscure to the vendee that the seller had no properties other than that offered to him Article 1388 ? Obligation of buyer in dishonesty o The buyer in dishonesty, who obtained the object of agreement distanced in extortion of leasers, must restore the equivalent if the deal is revoked and should it be unthinkable for him to return it, he should reimburse the previous. Ought to there be at least two estrangements; the principal acquirer will be at risk first, etc, progressively. Article 1389 ? Period for recording activity for rescission ? The activity to guarantee rescission must be started inside four years from the date the agreement was gone into. The special cases are: 1. For guardianship: will start from the end of insufficiency 2. For non-attendants: from the tome the home is known ? People qualified for bring activity 1. the harmed party or the cheated loan boss; 2. his beneficiaries, doles out, or replacements in intrigue; or 3. he banks of the above qualified for subrogation Article 1390 ? Voidable or annullable agreements ? Those which have all the basic imperatives of a substantial agreement however one of the gatherings is unequipped for giving assent, or assent is vitiated accidentally, savagery, terrorizing, undue impact, or misrepresentation. ? They are substantial and restricting except if canceled by an appropriate activity in court. When sanctioned, they become completely substantial and can never again be canceled. ? Sorts of voidable agreements 1. Lawful insufficiency to give assent 2. Infringement of assent ? Abrogation A cure gave by law, for reason of open enthusiasm, for the statement of the inefficacy of an agreement dependent on an imperfection or bad habit in the assent of one of the contracting parties so as to reestablish them to their uniq ue situation in which they were before the agreement was executed Article 1391 ? Period for documenting activity for invalidation ? The four-year time frame for bringing an activity for revocation of a voidable agreement is figured: 1. Terrorizing, viciousness, or undue impact: from the time the terrorizing, and so on , stops 2. Error or misrepresentation: from the time it is found 3. Minors or Incapacitated people: from the time the guardianship stops Article 1392 ? Approval ? Implies that one deliberately embraces some blemished or unapproved act or agreement ? Washes down the agreement from every one of its deformities from the second it was established; contract gets substantial; activity to dissolve is smothered Article 1393 ? Sorts of endorsement 1. Express 2. Suggested or inferred ? Essentials of sanction 1. Information on the explanation which renders contract voidable; 2. Such explanation more likely than not stopped; 3. Harmed party probably executed a demonstration which essentially infers/communicates a goal to defer his privilege Article 1394 ? Who may confirm 1. Agreement went into by a weakened individual: a. the watchman; or b. the harmed party himself when capacitated 2. On the off chance that the agreement is voidable on the ground of error, and so forth , endorsement can be made by the gathering whose assent is vitiated Article 1395 ? Similarity of blameworthy gathering to approval not required Article 1396 ? Impact of approval retroactive ? The impact of sanction is to make the agreement substantial from its beginning subject to earlier privileges of third people Article 1397 ? Gathering qualified for carry an activity to revoke Necessities: 1. The offended party must have an enthusiasm for the agreement; and 2. The person in question and not the gathering liable for the imperfection is the individual who must state the equivalent ? Right of aliens to bring activity One who isn't involved with the agreement or a chosen one has no legitimate ability to challenge the legitimacy of such agreement. Outsiders are without right or character to bring the activity for they are not obliged by the agreement, essentially or subsidiarily ? Blameworthy gathering without option to bring activity The liable party, remembering his replacement for intrigue, can't request cancellation Article 1398 ? Obligation of shared compensation upon revocation 1. In the event that the agreement is invalidated, the gatherings must reestablish to one another (a) the topic of the agreement with its products of the soil the cost thereof with lawful intrigue 2. In close to home commitments where the administration had just been rendered, the estimation of the administration with relating interest is the reason for harms Article 1399 ? Compensation by crippled individual o The debilitated individual is obliged to make compensation just to the degree that he was profited by the thing or cost got by him. Article 1400 ? Impact of loss of the thing to be brought 1 back. Lost without the deficiency of the individual obliged to make compensation; no more commitment to return such thing. 2. Lost through his deficiency; commitment isn't smothered yet is changed over into reimbursement for harms Article 1401 ? Extinguishment of activity for cancellation 1. At the point when the thing which is the item is lost through the misrepresentation or deficiency of the individual who has a privilege to initiate the procedures 2. The privilege of activity depends on the inadequacy of any of the contracting parties Article 1402 ? Impact where a gathering can't reestablish what he will undoubtedly return o The arrival by one gathering of what he is obliged to reestablish by the announcement of abrogation might be viewed as a condition to the satisfaction by the other of what is officeholder upon him. There will be no revocation if the gathering can't reestablish what he will undoubtedly return, regardless of whether the misfortune is because of a happy occasion Article 1403 ? Unenforceable agreement ? Those that can't be authorized in court or sued upon by reason of specific deformities gave by law Although substantial, they are unenforceable in court except if they are restored or endorsed. When approved, they may then be enforceable ? Sorts of unenforceable agreements 1. Those went into for the sake of another by one without, or acting in exce

Thursday, August 6, 2020

Article Review on Human Resource

Article Review on Human Resource Human Resource Article Review Nov 27, 2019 in Article Review Introduction This paper will analyze an article entitled Trade unions, collective bargaining, and macroeconomic performance: a review by Toke and Zafiris. The article discusses trade unions in respect to bargaining and macroeconomic performance in the market. According to this article, trade unions coordinate the microeconomic performance and results of labor market determinant through collective bargaining. The article gives a systematic empirical literature review of the subject where by what comes up in the review is from the different bargaining coverage and coordination. I agree with the authors views that the economic impact on trade union varies in different countries based on the application of organizational and institutional arrangements. Body Furthermore, bargaining coverage with high levels seems to relatively associate with poor economic performance, which can be mitigated through high bargaining coordination. I disagree with the authors argument that with or without the presents of consequences, labor market coordination is based on monetary policy to eliminate unemployment problem or else associated with the collective bargaining levels of industry. However, my view is that the collective bargaining consequences depend on various factors such as degree of coordinators to bargain, labor market share covered by the collective agreement rejected by individual contracts. The author, according to Marshall (1890), states that employers and union organizations are developed in asymmetry through contracting between employers and individual workers regarding bargaining power and access to information. Employment relations concerning different perception and labor rights are governed by individual agreements as compared to coll ective agreement. The collective agreement effects are conditional under any circumstances, which includes monetary policy regime, government, political orientation, and the governance capacity of the state provision. The authors view on the centralization is true. The article is of the opinion that national employers and nation union confederation can control wage levels, influence, and change economy patterns across the nation when collective bargaining power is centralized. This is only possible when the bargaining coordination is at the primary level, and national organization is controlling constituent organizational behaviors and avoiding wage drift. Furthermore, ideas on centralizing collective bargaining facilitate the internalization of externalization, which receives attention as far as some of the discussions were warranted. I oppose the fixing of ideas since there is no society whereby workers are under organized unions. .fod-banner { display: table; width: 100%; height: 100px; background-color: #04b5af; background-image: url('/images/banners/fod-banner-bg-1.png'), url('/images/banners/fod-banner-bg-2.png'); background-position: left center, right center; background-repeat: no-repeat; } .fod-banner .button { min-width: 120px; } .fod-banner-content { height: 100px; display: table-cell; vertical-align: middle; color: #ffffff; width: 100%; text-align: center; padding-top: 5px; padding-bottom: 5px; } .fod-banner-content > span:first-child { font-size: 15px; font-weight: 100; } .fod-banner-content-discount-text { font-size: 16px; } .fod-banner-content-discount-text span { font-size: 18px; color: #ffe98f; font-weight: bold; } .fod-banner-content-image { vertical-align: middle; } .fod-banner img.fod-banner-content-image { width: auto; } @media all and (min-width: 993px) and (max-width: 1320px) { .fod-banner { background-image: none; } } @media all and (min-width: 845px) and (max-width: 992px) { .fod-banner-content > span:first-child { font-size: 18px; } .fod-banner-content-discount-text { font-size: 20px; } .fod-banner-content-discount-text span { font-size: 24px; } } @media all and (max-width: 740px) { .fod-banner { background-image: url('/images/banners/fod-banner-bg-2.png'); background-position: right center; background-repeat: no-repeat; } } @media all and (max-width: 670px) { .fod-banner { background-image: none; } .fod-banner-content { padding: 15px 10px; } .fod-banner img, .fod-banner-content-discount-text { display: block; margin: 0 auto; } .fod-banner-content > span:first-child { font-size: 28px; } .fod-banner-content-discount-text { font-size: 20px; } .fod-banner-content-discount-text span { font-size: 24px; } } Limited time offer! Get 15% OFF your first order Order now It is true that due to externalities, negotiated wages are rather high. Centralizing bargaining process on the national levels makes the wage setters carry the burden of bargaining due to the increase in bargaining coalition. The economic improvement is a chivied by centralizing and coordinating bargaining power to create incentives in favor of wage restraints leading to higher total employment. According to Calmfors and Driffill (1988), in this article, the argument neglects the facts about competitive pressure of the labor market, the product, and systematic changes of demand due to the moderating effect on centralizing level. This is true since the competitive pressure has influence on the labor market hence it should be considered as one of the determinants. In addition, this is real since when the unions requested high nominal wage, firms avoid increasing product real wage and pass the burden to consumers through raising product prices. Unions view it as an unpleasant side effec t in conjunction with lowering the consumption real wage. This can cause the increased rate of unemployment since the reduction in consumption of the product is directly proportional to the reduction in demand of the product; thus few productions are required by the firm and low income is earned. The pressure from competitors in the same field at the firms level can provide better incentives to moderate the demand of wage. At the national level, there is relatively weak competitive pressure, which is compensated by a federation of unions taking the full cost of the action. Social partnership unions are the next ones to bear the burden of action; employers organization sufficiently encompasses to make unprofitable rent seeking. According to the views of Heitger and Olson, which are also featured in this article, there is no wage moderation on the above factors at the industry level. On the contrary, firms within the industry are able to pass substantial portion of demand wage to consumers and lower employment cost. Furthermore, industry-based unions frequently form lobby groups effectively looking for distributive favors from the government at the expense of the entire society. Conclusion In conclusion, it is clear that the article tells about the difference in the union density with little effect on the economic performance and with high bargaining coverage which can associate with a relatively poor economic performance. Those countries with the systematic coordination of bargaining process may arrive at a better economic result and get a more flexible labor market contrary to those countries whose systems are less coordinated and supported. It is important to consider different aspects of collective bargaining for micro economic impact. For instance, the high level of bargaining coordination reduces the side effect of high bargaining coverage on the unemployment. There is another view saying is that informal coordination of the wage bargaining process is frequently developed in labor markets with the absence of formal bargaining coordination. Bargaining coordination matters in times of social changes and rapid economic growth when the contribution differences appear less often in comparison to economic performance on stable economic conditions. Finally, the article was well elaborated, and the relationship between the bargaining coordination and centralization was well stated. This article details the authors view on economic improvement by reducing unemployment rates in the country.

Thursday, June 11, 2020

Business Process Management Essay Example

Business Process Management Abstract The current paper outlines the main issues of business process management (BPM) and business process reengineering (BPR). The discussed question is the following what are the main peculiarities of BPM and BPR? First, it discusses principles of two methods and differences between them. Second, the paper gives the definition of both management tools. Third, it discusses the impact of BPM and BPR on business. Moreover, the paper shows gains and losses of both methods. In addition, it presents valuable techniques aimed at successful implementation of the chosen method. Finally, the paper sums up the research about the most widespread approaches to gain success. Keywords: management, development, success, challenges.

Saturday, May 23, 2020

The Four Texts On Socrates By Plato And Aristophanes Looks...

Emily DePasquale Philosophy 103 Monday,Wednesday,Friday 9A.M. Professor Nichols September 30th, 2016 Journal One: Euthyphro, Apology, Crito I. 1. The Four Texts On Socrates by Plato and Aristophanes looks at Plato’s works, Euthyphro, Apology, and Crito. Plato’s works fall under the genre of philosophical dialogue presented in a context similar to that of dramatic monologues. Although Plato’s works are based in historical context, the works are less historical fiction, and more of a dramatic tragedy or comedy. 2. Plato’s works focuses on Socratic thinking, questioning, irony and cross-examination across all three works. The three Platonic pieces take place over the span of time where Socrates is awaiting entering the courthouse, is being judged for in court for committing crimes against Athens for his philosophical teachings, and when he is in jail waiting to be put to death as punishment for his crimes. 3. In the first text the Euthyphro, Socrates ironically asks Euthyphro what the definition of piety is, in the mist of his awaiting to be put on trial. In the Apology, Socrates goes in front of the court and jury and presents his case of why he shouldn’t be punished for allegedly corrupting the youth with his teachings. In the Crito, Socrates awaits his execution and ponders the system of laws, and whether or not it is unjust to break a law in all cases. 4. Plato focuses on the ideas of piety and holiness, virtue and wisdom, laws and justice. In the Euthphyro he is

Sunday, May 17, 2020

Essay Capital Punishment vs. Life Imprisonment - 2197 Words

There are always two sides to every issue and capital punishment or life imprisonment is no different. This has been a very controversial issue for decades and still is today. Capital Punishment also known as the death penalty is defined as being the penalty of death for a crime. Some feel that capital punishment should be abolished because it is cruel; others believe life in prison is just as cruel. There are many reasons for the support of Capital Punishment and for Life in Prison. Capital punishment is the death penalty, or execution which is the sentence of death upon a person by judicial process as a punishment for a crime like murdering another human and being found guilty by a group of jurors who have listen to a court hearing†¦show more content†¦Life in prison is thought to be a more humane and less cruel sentence than the death penalty. Life in prison still offers a person a chance to enjoy parts of their life, by still being able to keep it touch with their families. Someone who is placed in prison in their twenties has a chance to grow up and see what they did was wrong. This is where the problem comes in for most people, because some people change. The history of the death penalty is not new it’s been around for hundreds of years. The death penalty was used in American by the start of the American Revolution; the death penalty was used in all 13 colonies. Rhode Island was the only colony that did not have at least 10 crimes punishable by death. (Reggio, 2009) It should come at no real shock that Rhode Island was the first state to outlaw the death penalty for all crimes. At one point in our history public executions, such as hangings, where thought to be cruel so it was then changed to private exactions. Our Founding Fathers allowed for death penalty when writing the constitution in 1787. At one point in our history public executions, such as hangings, where thought to be cruel so it was then changed to private exactions. On August 6, 1890, New York State used an electric chair to carry out the first execution by electrocution. As it turned out, the process was hardly quick or painless. Despite the gruesome procedure, people still thought electrocution was more humane and efficient than previousShow MoreRelatedThe Integral Role Sentencing Plays in the Criminal Justice Process904 Words   |  4 PagesThese philosophies are: Retribution- Retribution is a philosophy that a wrong doer who has freely chosen to violate society’s rules must be punished. Retribution relies on the principal of â€Å"just deserts†, this holds that the severity of the punishment hold to the severity of the crime. This philosophy is not the same as revenge because retribution is more concerned with the rules of society as a whole, rather than the individualism revenge has had on the victim or victims the offender. MostRead MoreIs the Death Penalty an Effective Deterrent?1677 Words   |  7 PagesResearch Question: Is the Death Penalty an Effective Deterrent? Honeyman, J. C., Ogloff, J. P. (1996). Capital punishment: Arguments for life and death. Canadian Journal Of Behavioural Science/Revue Canadienne Des Sciences Du Comportement, 28(1), 27-35. The main purpose of this article was to investigate the effects of the death penalty and the justification for the punishment. A key question the authors looked to answer was whether or not the participants arguments of what sentenceRead MoreDeath Penalty vs Life Imprisonment874 Words   |  4 PagesDeath Penalty vs. Life Imprisonment The death penalty is a widely discussed issue in the United States. Should the government still impose the death penalty for certain crimes? Or should the punishment be life imprisonment? This essay will discuss the different viewpoints on the death penalty and life imprisonment. Capital punishment, also called the death penalty, is the pre-meditated and planned taking of a human life by the government in response to a crime committed by the convicted personRead MoreLife Imprisonment1378 Words   |  6 Pages| LIFE IMPRISONMENT IS A GOOD ALTERNATIVE TO CAPITAL PUNISHMENT | Can life imprisonment be a good alternative to death penalty? The issue remains unresolved. Even the US Supreme Court that had abolished ‘Death Penalty’ reversed its decision when new and less cruel methods of execution were introduced.  Why does a society punish its members for certain acts that are offensive and unacceptable to its laws and codes? This can be a starting point of exploring our dilemma about death penalty vs. lifeRead More Death Penalty Essay664 Words   |  3 Pagesform of punishment for criminals. In my opinion, the death penalty should be abolished because it costs taxpayers much more than sending an inmate to prison and there is no factual evidence that it has any greater deterrent effect than life imprisonment. nbsp;nbsp;nbsp;nbsp;nbsp;One major reason that I believe that the death penalty should be abolished is because the expenses of the death penalty greatly exceed those of life imprisonment. â€Å"Maintaining a system of Capital Punishment is far moreRead MoreEssay on Does the Government have the Right to Play God?1054 Words   |  5 PagesCapital Punishment Does the Government have the right to â€Å"play God†? While researching this topic, the information available against capital punishment is overwhelming. This alone does not reflect why my attitude and convictions on the subject has changed. The sanctity of life is priceless. It is my belief that only God has the authority to decide when our time on Earth should end. Ronald Carlson’s sister was murdered in 1983 in Texas. Before Carlson’s sister’s death, he said he didRead MoreEssay about 8th Amendment1153 Words   |  5 PagesThe Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall notRead MoreThe Moral, Legal, and Economical Aspects of Capital Punishment1509 Words   |  7 PagesCapital punishment has long been a topic for heated debate throughout the United States of America and the civilized world. For many politicians, the death penalty has been a key pillar to winning a state or election; and, to some extent, politics have been a key influence in America’s justice system. Many nations have outlawed capital punishment, with the United States included between 1972 and 1976. In the United States, there has been a renewed movement for this â€Å"eye for an eye† method, citingRead MoreEssay about The Eighth Amendment1138 Words   |  5 PagesThe 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. nbsp;nbsp;nbsp;nbsp;nbsp;The 8th Amendment stipulatesRead MoreDeath Penalty for Murders1634 Words   |  6 Pagessevere punishment in the United States. People who have performed heinous crimes can be sentenced to capital punishment in some states; however, this type of chastisement is rarely performed. Capital punishment has more negative aspects than it has positive. The states that have legalized the death penalty face the excessive costs associated with it, which can be damaging to their economies. In addition, there is always the chance of executing an innocent person when carrying out capital punishment

Tuesday, May 12, 2020

Hunter Gatherers - People Who Live on the Land

Hunter gatherers, with or without a dash, is the term used by anthropologists and archaeologists to describe a specific kind of lifestyle: simply, hunter-gatherers hunt game and collect plant foods (called foraging) rather than grow or tend crops. The hunter-gatherer lifestyle was what all human beings followed from the Upper Paleolithic of some 20,000 years ago, until the invention of agriculture about 10,000 years ago. Not every group of us on the planet embraced agriculture and pastoralism, and there are still small, relatively isolated groups today who practice hunting and gathering to one extent or another. Shared Characteristics Hunter-gatherer societies vary in many respects: how much they relied (or rely) on hunting for game versus foraging for plants; how often they moved; how egalitarian their society was. Hunter-gatherer societies of the past and present do have some shared characteristics. In a paper for the  Human Relations Area Files (HRAF) at Yale University, which has collected ethnographic studies from all types of human societies for decades and ought to know, Carol Ember  defines hunter-gatherers as fully or semi-nomadic people who live in small communities with low population densities, do not have specialized political officers, have little defines hunter-gatherers as fully or semi-nomadic people who live in small communities with low population densities, do not have specialized political officers, have little status differentiation, and divide up required tasks by gender and age. Remember, though, that agriculture and pastoralism werent handed to humans by some extraterrestrial force: the people who began the process of domesticating plants and animals were hunter-gatherers. Full-time hunter-gatherers domesticated dogs, and also maize, broomcorn millet and wheat. They also invented pottery, shrines, and religion, and living in communities. The question is probably best expressed as which came first, domesticated crop or domesticated farmer? Living Hunter-Gatherer Groups Up until about a hundred years ago, hunter-gatherer societies were unknown and unbothered by the rest of us. But in the early 20th century, Western anthropologists became aware of and interested in the groups. Today, there are very few (if any) groups who are unconnected to modern society, taking advantage of modern tools, clothing, and foods, being followed by research scientists and becoming susceptible to modern diseases. Despite that contact, there are still groups who get at least a major portion of their subsistence by hunting wild game and gathering wild plants. Some living hunter-gatherer groups include: Ache (Paraguay), Aka (Central African Republic and Republic of the Congo), Baka (Gabon and Cameroon), Batek (Malaysia), Efe (Democratic Republic of the Congo), G/Wi San (Botswana), Lengua (Paraguay), Mbuti (eastern Congo), Nukak (Colombia), !Kung (Namibia), Toba/Qom (Argentina), Palanan Agta (Phillippines), Ju/hoansi or Dobe (Namibia). Hadza Hunter-Gatherers Arguably, the Hadza of eastern Africa are the most studied living hunter-gatherer groups today. Currently, there are about 1,000 people who call themselves Hadza, although only about 250 are still full-time hunter-gatherers. They live in a savanna-woodland habitat of about 4,000 square kilometers (1,500 square miles) around Lake Eyasi in northern Tanzania--where some of our most ancient hominid ancestors also lived. They live in mobile camps of about 30 individuals per camp. The Hadza move their campsites about once every 6 weeks and camp membership changes as people move in and out. The Hadza diet is made up of honey, meat, berries, baobab fruit, tubers and in one region, marula nuts. The men search for animals, honey and sometimes fruit; Hadza women and children specialize in tubers. The men typically go hunting every day, spending between two and six hours hunting alone or in small groups. They hunt birds and small mammals using ​bow and arrow; hunting large game is assisted with poisoned arrows. The men always carry a bow and arrow with them, even if theyre out to get honey, just in case something turns up.​​​ Recent Studies Based on a quick peek into Google Scholar, there are thousands of studies published each year about hunter-gatherers. How do those scholars keep up? Some recent studies I looked at (listed below) have discussed systematic sharing, or the lack of it, among hunter-gatherer groups; responses to the ebola crisis; handedness (hunter-gatherers are predominantly right-handed); color naming (Hadza hunter gatherers have fewer consistent color names but a larger set of idiosyncratic or less common color categories; gut metabolism; tobacco use; anger research; and pottery use by Jomon hunter-gatherers. As researchers have learned more about hunter-gatherer groups, theyve come to recognize that there are groups who have some characteristics of agricultural communities: they live in settled communities, or have gardens when they tend crops, and some of them have social hierarchies, with chiefs and commoners. Those types of groups are referred to as Complex Hunter-Gatherers. Sources The Human Relations Area Files is an excellent place for conducting research on ethnographic studies on hunter-gatherers (or really any human society, past or present). See Carol R. Embers paper linked below. Berbesque JC, Wood BM, Crittenden AN, Mabulla A, and Marlowe FW. 2016. Eat first, share later: Hadza hunter–gatherer men consume more while foraging than in central places. Evolution and Human Behavior 37(4):281-286.Cavanagh T, Berbesque JC, Wood B, and Marlowe F. 2016. Hadza handedness: Lateralized behaviors in a contemporary hunter–gatherer population. Evolution and Human Behavior 37(3):202-209.de la Iglesia HO, Fernà ¡ndez-Duque E, Golombek DA, Lanza N, Duffy JF, Czeisler CA, and Valeggia CR. 2015. Access to electric light is associated with shorter sleep duration in a traditionally hunter-gatherer community. Journal of Biological Rhythms 30(4):342-350.Dyble M, Salali GD, Chaudhary N, Page A, Smith D, Thompson J, Vinicius L, Mace R, and Migliano AB. 2015. Sex equality can explain the unique social structure of hunter-gatherer bands. Science 348(6236):796-798.Eerkens JW, Carlson T, Malhi RS, Blake J, Bartelink EJ, Barfod GH, Estes A, Garibay R, Glessner J, Greenwald AM et al. 2016. Isotopic and genetic analyses of a mass grave in central California: Implications for precontact hunter-gatherer warfare. American Journal of Physical Anthropology 159(1):116-125.Ember CR. 2014. Hunter-Gatherers (Foragers). Human Relations Area Files. Accessed 19 June 2016.Hewlett BS. 2016. Evolutionary Cultural Anthropology: Containing Ebola outbreaks and explaining hunter-gatherer childhoods. Current Anthropology 57(13):S000-S000.Lindsey Delwin  T, Brown Angela  M, Brainard David  H, and Apicella Coren  L. 2015. Hunter-gatherer color naming provides new insight into the evolution of color terms. Current Biology 25(18):2441-2446.Lucquin A, Gibbs K, Uchiyama J, Saul H, Ajimoto M, Eley Y, Radini A, Heron CP, Shoda S, Nishida Y et al. 2016. Ancient lipids document continuity in the use of early hunter–gatherer pottery through 9,000 years of Japanese prehistory. Proceedings of the National Academy of Sciences 113(15):3991-3996.Rampelli S, Schnorr Stephani e  L, Consolandi C, Turroni S, Severgnini M, Peano C, Brigidi P, Crittenden Alyssa  N, Henry Amanda  G, and Candela M. 2015. Metagenome sequencing of the Hadza hunter-gatherer gut microbiota. Current Biology 25(13):1682-1693.Roulette CJ, Hagen E, and Hewlett BS. 2016. A biocultural investigation of gender differences in tobacco use in an egalitarian hunter-gatherer population. Human Nature 27(2):105-129.

Wednesday, May 6, 2020

Explain What Happened to the Gore-Tex. Brand After the...

Case study notes This case study explores a very unique organisation: W.L. Gore Associates. It explores the role of organisational management and culture within a very innovative firm, which is responsible for some very well-known products such as the famous Gore-Tex fabric, and yet few people know much about this remarkable organisation. It is operated in a way similar to that of a cooperative such as The John Lewis Partnership in the UK, where the employees are also owners. In addition, the organisation seeks to minimise management with the emphasis on action and creativity. Case study questions 1. Explain what happened to the Gore-Tex brand after the patent expired. What activity can firms use to try to maintain any advantage developed†¦show more content†¦It is a well-trodden path of a technology-push strategy. The strategy is now being challenged by competitors who are entering the markets and offering competing products often inferior but competitively priced. Gore will need to decide whether to try to compete on the price or to develop a brand for which consumers are willing to pay a premium. 6. Using CIM (Figure 1.9) illustrate the innovation process within W.L. Gore. CIM has four processes around the outside and the entrepreneur in the middle. We can try to use this to identify key activities within the innovation process: Natural sciences cycle Many innovations are applications of existing technology; in such cases, this part of the framework may not be used. In the Gore-Tex case, the new science is the creation of PTFE, but this was back in the 1960s. Integrated engineering cycle As with so many innovations, this is where most of the technical effort takes place. Gore has spent the past 50 years applying PTFE to many different applications and they keep finding new uses for the technology. The stretching of PTFE to create lots of tiny holes in it led to the breathable membrane – maybe other firms would have seen this as a fault and thrown the technology away. It is the curiosity in the Ramp;D scientists which often leads to new product ideas. Differentiated services cycle During this phase, the technology is adapted to meet specific needs of

The Benefits of Vocational Education Free Essays

The Benefits of Vocational Education Most high schools offer some form of vocational education program. Vocational education is training for a specific career or trade, excluding the professions. Vocational education focuses on practical applications of skills learned, and is generally unconcerned with theory or traditional academic skills. We will write a custom essay sample on The Benefits of Vocational Education or any similar topic only for you Order Now Students at vocational educational typically receive more hands-on, career-minded education than students at traditional schools. Individuals are given the opportunity to explore and identify potential career goals, and are provided with the resources needed to achieve them. Most vocational education recognizes the importance of general academic studies as well as career preparation, and offer fully accredited high school diplomas. Depending on a student’s abilities and interests, a vocational high school can provide several advantages. Vocational training thus provides a link between education and the working world. It is usually provided either at the high school level or in a two year colleges. In my view, high school and two-year colleges should offer vocational education because it will be benefit for students’ future. First of all, vocational education in high school focuses on specific training for a career or field. This hands-on training can be helpful in high school as students make decisions that will affect the rest of their lives. Many  vocational  high  schools provide students with career preparation in health care, computer science,  education, business, and any number of highly specialized trades. Individuals have the opportunity to gain the knowledge and experience necessary to become carpenters, electricians, machinists, painters, plumbers, or other professionals. Some programs administer licensing or certification examinations in such programs that allow students to become eligible for employment immediately after graduation. Many high school juniors and seniors have yet to choose a definite career field and path to pursue. Though a student may be most certain that the college path is definitely not the one she wants to follow, a career still must be chosen for the sake of finding a place in the workforce. For students who have not chosen a career yet, technical training is a good way to get hands-on experience in areas that may interest that student. There are students who are certain as to what career they would like to join as a high school graduate. For this group, high school vocational education becomes a preparatory tool for those students who already know they want to work in the nursing profession, for instance. Also a wide variety of vocational education programs for high school students can provide hands-on experience in a real work environment. These skills can provide long-term benefits, as high school students can learn to adapt to new situations and develop necessary problem solving skills. Success in vocational-education programs can develop work ethic, feelings of self-worth, communication skills and the ability to relate to others, as well as life skills that are important in the transition to post-high school life. Vocational-education programs can provide a positive learning environment in which students have first-hand knowledge of managing their time, finances and other aspects of their lives. The focus of vocational-education programs is for high school students to develop tools, so they can succeed. Many high school students have no work experience by the time they reach the junior or senior year. High school technical education provides work experience to all students, including those who had none previous to the attendance in vocational education situations. Most health occupation technical education classes, for example, prepare students for the field of nursing and take place in an actual hospital or nursing facility. In these instances, students are required not only to perform in a professional manner the tasks assigned to them, but other real-life workplace expectations are placed on students regarding having a tidy appearance, being on time and respecting a chain of command, for example. Vocation or technical training education not only provides high school students with the ability to develop skills at present, but can also prepare them for the workforce and increase the opportunity to access jobs later. Vocational programs can be either at schools with basic classes in the trade, on actual job sites or both. Work on actual job sites allows students the opportunity to work with company employees and clients on a regular basis. The ability to work on projects on-site can help students understand if it is the right area for them and provide a networking opportunity to talk about the field with seasoned professionals. Such programs can help provide basic knowledge with real working experience necessary to enter the workforce directly after high school without a college degree. On-site programs often offer a personalized approach with specific deadlines to meet and the support of a mentor who can answer questions and provide guidance in the subject area. If a student shows serious interest, employers often invest in them to replace those who are retiring in the workforce as employers look at them as trained applicants with the ability to perform in a skilled occupation. Even employers who require a college education may offer the opportunity for students to come back and be considered for first hire. In addition, participation in vocation-education programs in high school can help a person decide if this is the right career choice and avoid investing in an education that won’t be used. This can give them the ability to make critical decisions regarding their education. For instance, in some states, schools have started to offer student-teaching opportunities for seniors in high school. These programs offer the ability to work one-on-one with a teacher who is a mentor. Unfortunately, many colleges save the student teaching experience until the last year of the degree, making it difficult for someone to really know whether they want to teach. Furthermore vocational educations of two-year College also have benefits for students. First, a degree or certificate is an accomplishment that no one can take away from us. Two-year colleges give the opportunity to advance our career or simply learn about careers that interest us. Once we have found a career path we enjoy, we can begin taking courses and working toward our degree. Most technical colleges will help us complete our associate degree (or certificate program) in one or two years, depending upon our field of study. Second, the diplomas and associate’s degrees that students earn after completing a two-year course are recognized by companies and employers as proof of a person’s technical abilities. Their degree, even if it’s not a four-year course degree, gives them an advantage when applying for jobs that require specific technical skills. For example, a person who completed a wo-year course in clerical and office management will know practices in filing essential documents and can be considered for a secretarial job. Graduates of technical colleges are also highly trained in their specialization because most of the two years cover an extensive internship and application of knowledge. For example, a welder who finishes a degree in a two-year technical college has probably accomplished several projects in a real welding shop durin g his or her internship. Another major advantage of a two-year college is the availability of job placement resources. Guidance counselors at two-year colleges typically have access to career information and a number of different resources for students who want to find immediate work while attending courses or after they graduate. In addition, many employers and labor unions are closely affiliated with vocational schools, and give preference to job applicants who have completed such programs. With recommendation from guidance counselors and teachers, many students are able to obtain paid apprenticeships or entry-level jobs with ease. Critics say that the nature of two-year courses can be considered a double-edged sword. Although it allows students to graduate early and work right away, it can also saturate the employment market of certain technical skills. For example, a lot of welders graduate every two years, but the need for welders in a certain city or area may not actually meet the supply. Some conventional companies also prefer graduates of four-year courses since there is a belief that four-year degree holders are more trained in their chosen field. For example, a graduate of a two-year IT course may find it hard to compete with a computer engineer who has a four-year degree. Furthermore, Teachers are primarily hired for their technical knowledge and not on their teaching skills. While these professionals often are very good at what they do, it can be hard to convey that information in a way that other people can use and learn. This can be a major drawback. Since it takes two years or less to complete many vocational programs, the schools can graduate a lot of students in a short span. This can saturate the job market with people who all have the same skills and training. If the school does not provide or require internships or hands-on experience, this can be another obstacle for graduates. In conclusion, vocational education offers training for specific jobs. Since vocational training often begins in high school, students can graduate prepared to take a high-paying, skilled job immediately. Graduates of trade or vocational schools have an advantage over informally trained job-seekers because an independent organization certifies that they have the skills needed to successfully perform a specific, skilled occupation. According to the National Center for Education Statistics, 88 percent of public high schools and 29 percent of private high schools offer some type of vocational program. a well-administered vocational education for high schools and two-year colleges will have multiple benefits. It will expand students’ horizons and help them become ready for the working world. It will benefit the world-work also by providing needed workers. Therefore, governments should create vocational education program as well as possible as an investment in everyone’s future. References: http://www. ehow. com/info_7853695_disadvantages-vocational-schools. html http://www. ehow. com/list_6514932_technical-school-disadvantages. html http://www. ehow. com/info_8505391_pros-high-school-provides-jobs. html http://www. ehow. com/about_5387981_high-provide-students-job-skills. html http://en. wikipedia. org/wiki/Vocational_education http://www. collegeview. com http://careers. stateuniversity. com/pages/854/Vocational-Training. html http://www. debate. org/debates/Vocational-Training-in-High-School How to cite The Benefits of Vocational Education, Papers

Legality Of Same Sex Marriages! Essay Example For Students

Legality Of Same Sex Marriages! Essay INTRODUCTIONThe proposed legalization of same sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most provocative issues. It could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social, structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate may be obvious. Marriage is much more than a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage instantly provides a automatic legal succession of a deceased spouses property, as well as pension and law, as well as promise in the eyes of the Lord, and their as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution. there is no reason why the federal government nor any state government should restrict marriage to a predefined homosexual relationship?Marriage laws have changed th roughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in the statue and in society; and marital failure itself, rather than the fault of one partner, may be grounds in some states for a divorce. Societal changes have been felt in marriages over the past twenty-five years as divorce rates have increased. Proposals to legalize same-sex marriages or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America. The trend in western European nations during the past decade has been to some same-sex couples. For example, with in the past six years, three Scandinavian countries have enacted domestic partnership laws allowing same-sex couples in which at least one partner is a citizen of the specified country. Therefore allowing that homosexual marriages are given. In the Netherlands, the Parliament is considered domestic partnership status for same-sex couples, all the major political parties favor recognizing same-sex relations, and more than a dozen towns have already done so. Finland provides governmental social benefits to same-sex partners. Belgium allows gay prisoners the right to have a conjugal visits from same-sex partners. An overwhelming majority of European nations have granted partial legal status to homosexual relationships. In the United States, efforts to legalize same-sex domestic partnership have had some, limited success. The Lambda Legal Defense and Education Fund, Inc. reported that by mid- 1995, thirty-six municipalities, eight countries, three states, five state agencies, and two federal agencies extended some benefits to, or registered for official purposes, same-sex partnerships. In 1994, the California legislature passed a domestic partnership bill that provided official state registration of same-sex couples and provided limited marital rights and privileges relating to hospital visitation, willis and estates, and powers of attorney. While Californias Governor Wilson eventually vetoed the bill, its passage by the legislature represented a notable political achievement for advocates of the same-sex marriage have won a major judicial victory that could lead to the judicial legalization of the same-sex marriage or to legislation authorizing same-sex domestic partnership in that state. In 1993, the Hawaii Supreme Court, in Baehr vs. Lewin, vacated a state circuit court judgment dismissing same-sex discrimination under the state constitutions Equal Protection Clause and Equal Rights Amendment. The above case began in 1991 when three same-sex couples who had been denied marriage licenses by the Hawaii Department of Health brought suit in state court against the director of the department. Hawaii law required couples wishing to marry to obtain a marriage license. While the marriage license law did not explicitly prohibit same-sex marriage at the time, it used terms of gender that the Hawaii marriage license law is unconstitutional, as it prohibits same-sex marriage and allows state officials to deny marriage licenses to same-sex couples in account of the heterosexuality requirement. Baehr and her attorney sought their objectives entirely through state law, not only by filing in state rather than federal court, but also by alleging exclusively violations of state lawthe Hawaii Constitution. the state moved for judgment on the pleadings and for dismissal of the complaint for failure to state a claim; the states motion was granted in October, 1991. thus, the circuit court up he ld the homosexuality marriage requirement as a matter of law and dismissed the plaintiffs challenges to it. A lesson before dying2 Essay Baehr and her attorney sought their objectives entirely through state law, not only by filing .

Friday, May 1, 2020

Dirty Dancing Investments Pty Ltd †Free Samples to Students

Question: Discuss about the Dirty Dancing Investments Pty Ltd. Answer: Introduction Construction law is a blend of different law, one of them being the contract law. The doctrine of contract law helps construction participants in managing their promises and obligations. Even though contract law urges people to make written agreements, it also guarantees that it wont look away when one party to an agreement calls for its intervention. The main concern comes to the construction projects. Parties can draft a contract while at their office, but the nature of work demand changes at the site. With this reason, the written contract is amended to cater for the site demands. This paper will be an examination of the application of construction law using a case between of Agro builder and Ego Architect. The main issue with this question is a concern of the required elements for the formation of a valid contract. Among other elements, a valid agreement must have an offer and acceptance, consideration, and intention to create a legal relation. A valid offer must come from the offeror, communicated to the offeree, and it should manifest a deliberate intention to give an offer. On the other hand, acceptance should come from the offeree, and it should also demonstrate the willingness of the offeree to accept the offer.[1] Equally important, the law states that an offer should have no considerations.[2] After consideration, the law requires that the parties should show their intention to be legally bound by the agreement. A brief illustration of intention to create legally bound suggests that courts presume that parties in a commercial contest always have an intention to be legally bound. From what is noticeable the parties had a written agreement, and some of the terms of the agreement were that Ego Architects would prepare the drawing, and Agro builders were to pay for the drawings in 3-stages. After the offeree has accepted the offer, the law recognizes that both parties have formed their contract and they can start executing their obligations. As mentioned, the parties had written terms and obligations. Besides those terms, its a good point to know that there are both implied and express terms in a contract. So apart from the conditions expressed in the contract, Ego also had implied terms to create the drawings that conform to the Agro's instructions. So even if the contract was silent on such a term, an implied term applies despite that the parties did not mention those terms during the formation of a contract or not.[3] So in this case, there was an implied duty that Ego architect was supposed to produce drawings that matched the project. Consequently, the law of contracts allows the innocent party to suspend its obligations if the other party also fails to act according to the terms agreed. So in case one party breaches and the other one chooses to suspend its obligations, and the suspension of the obligation dismisses the entire contract.[4] This means that the written contract was suspended the moment Ego breached the contract, and Agro choose not to pay Ego. Another point to note here is that Agro had the right to reject the drawings immediately after approval, as far as no work that had commenced which would have suffered a future disapproval. Markedly, its well clear that Courts will not generally make the contract for the parties. It is for the parties to make their contract and they must express their agreement in a form that is sufficiently certain for the courts to be able to enforce it.[5] So parties to a breached contract can choose at their will to get into another agreement, or opt to amend the already suspended contract. This is exactly what happened with Agro and Ego. If parties go back and decide to vary their contract, the new contract becomes as enforceable as the old one. To point out, this means that none of the parties can go back to the old terms since they no longer exist. So when Agro Builders and Ego Architect agreed to modify the contract, they were both bound by the new terms, and no one could go back to the old agreement. Another observable viewpoint in this agreement is acceptance by conduct. This happened when Agro Builders used the drawings. Its conducts showed that it accepted them and now it ca nt go back to say that they drawings were defective. Modification of a Written Contract by a Subsequent Oral Agreement The main issue here is a question on whether an oral contract can vary a written contract. The work of Bailey states that When two or more parties enter into a written agreement, the presumption is that the agreement is a full expression of the parties respective rights and obligations unless it is shown not to be the case. Strong evidence will generally be required before oral terms will be found to be introduced into a written contract [6] Following that explanation, it is important to realize that the court sees more value in a written contract that it sees in an oral contract. Nevertheless, its also well clear that the court will not look away from an oral contract that carries all its elements. So for an oral contract to be admitted in modifying a written contract, the court must analyze the observable facts. Some of these facts are the conduct of the parties. The ruling in RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH was a very clear indication of how conducts of the parties demonstrate whether they wanted the terms of the contract to prevail or not.[7] The Supreme Court concluded that as far as the parties had executed their obligations, that meant that they had accepted the terms of their contract despite that they had not signed it. To clarify, the court said that their conducts demonstrated that they treated the unsigned contract as though it was signed. Apart from the conducts, the court may also seek to find whether there was the consent of the parties. This was held in Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd. In this case, the Court of Appeal found that the parties had consented to oral modifications. Likewise, the court may also seek to find a misrepresentation or inducement. The case of Keane Telecom Consulting, Llc V. Manhattan Telecom Corp is an excellent illustration.[8] Where one party induces the other to oral amendments, the court stated that "Once a party to a written agreement has induced another's significant and substantial reliance upon an oral modification, the first party may be estopped from invoking the statute to bar proof of that oral modification.[9] Similarly stated that; A party acting on reliance upon an assurances, representation, undertakings, or conduct of another party in relation to a contract, that promising party would be estopped from benefiting from such misrepresentation.[10] Lastly, the court also looks at the partial performance. For example, the court entered a judgment in favor of Wagner when Udevco refused with the payment.[11] This was merely because Wagner had relied on the express oral instructions of Udevco. Similarly, Agro should order the oral agreement since it is clear that it acted in line with the methods explained above. Legal Principles Applicable and the Hierarchy of Contract Documentation Due to complexity of construction projects, they involve a series of documents. Byrne stated that construction disputes "involve consideration of an enormous number of documents and due to the availability of modern computerized techniques for document management means that there is now no incentive to limit the number of these documents deployed at trial.[12] Even though that these documents are part and parcel of a construction project, sometimes they include discrepancies when each document stipulate different terms over one matter. Luckily, theres an effective technique that construction professionals employ in solving these problems. The most common technique is including a clause to handle inconsistency with the hierarchy of documents. To clarify, parties to a construction may agree to include a clause stating that if there were any disagreement with the documents, the contract document would enumerate the entire hierarchy of documents.[13] Another method that has been applied for long has been the use of common law or arranging the documents in a layout that signify their significance. In common law application, that law will in most cases call the parties to refer to the documents by applying a reasonable man's perspective.[14] It may also call the parties to reach out to analyze the ambiguities.[15] Also, the law may invite the parties to solve the conflict by referring to the consideration of the contract as a whole.[16] Lastly, the law may suggest a dismissal of the clauses causing the confusion.[17] In the case of a layout according to the importance, most projects will generally have the layout starting with the agreement, specification document, the drawings, and lastly, they can have the bills of quantities or scheduled rates.[18] Legal Effect of stamping the specifications approved on any future contractual position Stamping specifications and other authority in construction come as the responsibility of the engineer or architect. Normally, a standard construction project involves the owner, engineer/architect, contractor, and the subcontractor. Among these people, the engineering position is the most critical to the entire construction. Any failure in this area would probably lead to a weak construction output. Even though that it may seem like the architects has a lot of duties, the only requirement from that sector is just to perform with diligence and avoidance of negligence. Denning LJ summarized the tasks of the architect as; The law does not usually imply a warranty that [the professional man] will achieve the desired result, but only a term that he will use reasonable care and skill. The surgeon does not warrant that he will cure the patient. Nor does the solicitor warrant that he will win the case.[19] The most valuable thing to note is that the architect does have both implied and express obligations in a contract. In concern for approving specifications, the architect exercises its supervising authority by allowing the use of those specifications. However, this also relieves the engineer the power to disapprove the specification during the future performance of the constructions contract.[20] Also stamping documents implies acceptance of obligation. The Architect/Engineer was held liable for breach of implied warranty because it had fixed its seal to the consultant's drawings.[21] At other instances, the engineer has the duty to inform the owner of contractors mistakes.[22] Generally, after sealing the documents, its usually held that architects accepts both responsibilities and liabilities in case it happens that the specifications were defective.[23] Sometimes its normal for variations and amendments to occur due to natural causes, but there are other times that these changes or modifications occur due to mistakes that would have been easier to evade. For example, the construction team can avoid errors that come as a result of the failure of the contract documents to cover every detail of the construction. This mistake can be avoided by correctly analyzing the project without generalization, and conducting a site visit before finalizing the contract. At other times, amendments may come if the construction team fails to note or take seriously the mistakes that were with the drawings or missing data in the specifications. The team can avoid these errors by having their engineer ask another qualified engineer to review the specifications or the drawings. By the same token, concentrating on one project specification at a time and avoiding the double marking of different project's specifications can reduce the errors that may occur due to mismarking. Additionally, due to tendering process, the tenderer may quote a low price with the intention of raising the price after winning the tender. This may also bring amendments at one point. To avoid this problem, the tenderer can provide a reasonable budget that sufficiently covers the project, and they can try to explain themselves during the tender evaluation process. Lastly, the manager or the engineer can also adopt the use of carefully prepared and coordinated front-end documents to limit variations.[24] Resolution of technical disputes Some of the disputes in a construction project arise from technical matters, and they differ depending on their complexity or subject matter. Where the parties are cooperative, tt's easier to solve uncomplicated technical disputes by using preventive ADR methods which are negotiation and mediation. These methods are applied immediately after the rise of the dispute, and parties resolve their differences in good faith. Other methods of ADR that they can use are conciliation, arbitration, and expert determination. These methods are most common in issues of technical matters. The parties call a third party who helps the parties in assessing the differences and also actively aids them in reaching an agreement. In arbitration, the third party attends both sides and determines the case giving an enforceable judgment. In a broader look, expert determination is dispute resolution process where the disputing parties bring in a third party with expertise in a particular field to help them settle the problem.[25] In the critical issues of technical matters, the disputing parties use an expert determination. The main work of an Expert is to assess the quality of work delivered, determines other facts, and evaluates the legal issue.[26] Also in relation to dispute resolutions and use of experts, most of the construction contracts include a clause stating that the parties would first use an expert determination for their disputes before seeking other resorts.[27] Construction cases are special in their nature, and unlike other court claims; construction claims involve a significant use of evidence. When a construction dispute goes for a trial, the court would first need to see how the dispute developed. By this, the court starts assessing the evidence from the time when there was no dispute. This means without enough written evidence, the court may be held up in tackling a construction claim. More importantly, its good to know that courts do not just accept any paper as a shred of evidence. There must be rules for admissibility of written document. One of the rules is that for a document to bring evidence on construction disputed, it's critical that the document qualifies that it was written during the construction hours. Also, a claim should have a diary that was also written during same working hours. The next principle concerning the use of documents is that those providing evidence on the construction site should be made at the site. Additionally, it is also recommended that the persons who prepared the documents should appear as witnesses so that they can give their oral testimony. Lastly, the court would require that the information in the document to have come from a credible source. To sum it up, a successful case between Agro and Ego would require a set of documents. For one, Agro as the complaining party would have to bring the contract document showing all the terms that were agreed during the formation of the contract. The second thing that can add weight to the case is the diary of the work reports. The diary should clearly show the name of the persons and the time those persons attended or visited the site. In addition, it should also show the progress of the work. Telephone recordings are also important, and so they should be part of the information submitted to the court. That is mainly because they give very good evidence on the matters deliberated by the parties as the work progressed. Notably, these recordings should be reduced into a note bearing the names of the callers and the subject of the topics discussed. Besides, the parties should bring the copies of submittals and the date they were submitted if they were not submitted on the same day. A report of tests taken in the site should also form a part of the documents. The report should include the reason for the test, the results and the structure if the there were installation of test materials. Expert Witness and Shortcomings of Using Expert Witnesses: Courts assess expert witness basing the assessment on two main elements; "it must be agreed or demonstrated that there is a field of specialized knowledge; there must be an identified aspect of that field in which the witness demonstrates that by reason of specified training, study or experience, the witness has become an expert.[28] The other one is that the opinion which is given must be wholly or substantially based on the witnesss expert knowledge[29] There are lots of issues affiliated with expert witnesses. These issues were summarized as There are, however, some signifi cant disadvantages to relying solely on the dual fact witness/expert witness to present expert opinion testimony at arbitration or trial. The expert s involvement in the project may rise to such a level that the expert develops a personal stake in the facts in dispute, compromising that person s credibility as the expert shifts from neutral observer to active and adversarial participant. The dual role of such an expert as both fact witness and expert witness also raises some difficulties for the attorney in discovery and at trial under the Federal Rules of Evidence. These concerns include the potential loss of the attorney - client privilege and work product protections over communications and information shared between the attorney and the expert. These risks can be weighed only on a case - by - case basis.[30] The Building and Construction Industry Security of Payment Act 2002 (Vic) gives the claimant a right to progress payment to claim the unpaid to amount that the respondent was supposed to pay.[31] Making a successful claim would require the claimant to follow the procedure stipulated in the act strictly. As an illustration, the law requires that the claim; "Must be in the relevant prescribed form, must contain the prescribed information, and must identify the construction work or related goods and services to which the progress payment relates. Also, the claim must indicate the amount of the progress payment that the claimant claims to be due and it must state that it is made under this Act.[32] In other words, a payment claim must hold all sufficient information that will help the respondent to understand the source of the claim. Conclusion Construction disputes are normal, but what matters is how the parties handle such conflicts. Some of them are simple, but when overlooked, they may become to be complex disputes that can end up in a trial. Therefore, it is necessary that parties should try and solve disputes as soon as they rise using the either negotiation or mediation. Also, adherence to the terms stipulated in the contract and acting in good faith are a key to a successful construction project. Altogether, this paper has examined at the formation of a construction contract, and different ways that can be used to resolve construction disputes. 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Uher T and Davenport P, Fundamentals Of Building Contract Management (2Nd Edition) (2nd edn, University of NSW Press 2009) Andrew C, 'Alliancing In Delivery Of Major Infrastructure Projects And Outsourcing Services In Australia - An Overview Of Legal Issues.' (2004) 21 The International Construction Law Review https://trove.nla.gov.au/version/90365263 accessed 11 May 2017 Szypszak C, Understanding Law for Public Administration (1st edn, Jones and Bartlett Publishers 2011) Mannan S and Lees F, Lee's Loss Prevention In The Process Industries (Butterworth-Heinemann 2012) RTS Flexible Systems Limited v Molkerei Alois Muller GmbH [2010] UKSC 14. Globe Motors Inc ors v TRW Lucas Varity Electric Steering Ltd [2016] EWCA Civ 396. Keane Telecom Consulting, Llc V. Manhattan Telecom. Corp., 2013 N.Y. Slip Op 32261 (Sup. Ct. 2013). Udevco, Inc. v. Wagner, 678 P.2d 679, 100 Nev. 185 (1984). Rosen H and others, Construction Specifications Writing (6th edn, Wiley 2013) Maggbury Pty Ltd v Hafele Australia Pty Ltd [2001] HCA 70 210 CLR 181. Lewis Construction (Engineering) Pty Ltd v Southern Electric Authority of Queensland [1976] 50 ALJR 769 Adelaide City Corp v Altermann (1987) 46 SASR 186 Westpac Banking Corp v Tanzone Pty Ltd [2000] 9 BPR 17, 521 Greaves Co (Contractors) Ltd v Baynham Meikle Partners [1975] 1 WLR 1095 Tomlinson v Ashland County (1919) 173 NW 300, 170 Wis 58. SD Bldg. Auth. v. Geiger-Berger Assoc., 414 N.W.2d 15 (SD: Supreme Court 1987). Kerry, Inc. v. Angus Young Assocs., Inc., (Wis. Ct. App. 2005) 694 N.W.2d 407 Ambassador Baptist Church v. Seabreeze Heating Cooling Co., (Mich. Ct. App. 1970) 184 N.W.2d 568 Heart Research Institute Ltd v Psiron Ltd [2002] NSWSC 646 Dance With Mr D Ltd v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 Lines MacFarlane Marshall Pty Ltd v Fletcher Construction Australia Ltd (2000) VSC 358 SD Bldg. Auth. v. Geiger-Berger Assoc., 414 N.W.2d 15 (SD: Supreme Court 1987). Building and Construction Industry Security of Payment Act 2002 (Vic)