Saturday, May 23, 2020
The Mystery of Sleep ~ Rest for the body, Activity for the brain ~ Everyone sleeps. While humans sleep, they do not procreate, protect, or nurture their young, gather food, earn money, write papers, etc. Surely, at least once, most people have wondered why they sleep in spite of these disadvantages. According to Greier (48), it is hard for scientists to answer the seemingly simple question of what, exactly, sleep is good for. Sleep occupies one-third of humans lives, which seems like a waste of precious time; however, no one can survive without sleep. According to Shelton (5), sleepy drivers in the U.S. cause approximately 56,000 car accidents every year. Also, Wolfson and Carskadon (875) report interestingly that the students whoÃ¢â¬ ¦show more contentÃ¢â¬ ¦Stages 3 and 4 make up the deep slow-wave sleep. Stage 3 is called moderately deep sleep and Stage 4 is called very deep sleep (31). NREM sleep represents three-fourths of a period of typical sleep, and the remaining time is occupied with REM sleep, which can be detected with electrodes placed on the skin around the eyes so that tiny electrical discharges from contractions of the eye muscles are transmitted to recording equipment (31). REM sleep periods, lasting from a few minutes to half an hour, alternate with NREM periods. Dreaming occurs during REM time. Individual sleep patterns normally change throughout life from all day sleep in infancy to as little as six hours a day in old age (Rechtschaffen 359). Infants tend to begin a sleep period with REM sleep, whereas REM activity usually is inserted in the four stages of NREM sleep in adults (359). Since the beginning of the 1920s, in which sleep research began, several theories have been offered to try to explain why humans sleep; however, these theories are not conclusive because there are pros and cons to each theory. The history of sleep theories first focused on the rest aspect because the body appeared to be recuperating from tiredness. Researchers tried to resolve this mystery by comparing awake humans with sleeping humans, and investigating the tangible phenomena of sleep. The only problem with this rest theory was that the brain was NOT resting during sleep.Show MoreRelatedWhy We Sleep- The Pending Mystery 731 Words Ã |Ã 3 Pagesinto the field of sleep research. However, these discoveries are still far from being complete. Considering that an individual spends about one-third of their life sleeping, there is much more that still needs to be discovered concerning this topic. General Information Sleep is basically a state of physical inactivity and mental rest in which conscious awareness, thoughts, and voluntary movements do not occur. During sleep, irregular and unpredictable dreaming also takes place. Sleep is a very activeRead MoreSleep Paralysis Essay599 Words Ã |Ã 3 PagesSleep Paralysis Did you ever awaken and find yourself unable to move? Perhaps you sensed a presence in your room or a pressure on your chest. This is sleep paralysis. It is a common disorder that affects millions of people. Most believe it occurs as we are on the edge of REM sleep. The disorder has been connected with such hallucinogenic events such as alien abduction or an evil presence. Sleep paralysis is an inability to move or speak, occasionally accompanied by hallucinations, for up to severalRead MoreThemes in Poetry: Death761 Words Ã |Ã 4 Pagespoetry of various poets is the theme of death. There are many different aspects of death that can be written about, but still, all the poems connect in the fact that they are about death. For centuries, poets have been fascinated with death. The mystery of it is so intriguing to the writers. The uniqueness of it is that no one is sure what death is like, because the only way to find that out, obviously, is to actually die. It is an undiscovered secret that the poets can only guess and hypothesizeRead MorePersuasive Essay About Dreams714 Words Ã |Ã 3 Pagesmarriage you may have a dream related to that.Ã¢â¬ . After that, we also know that everyone dreams, whether they know it or not. An average human who gets a normal eight-hour sleep dreams about three-five times a night. In conclusion, these facts lead me to believe that the mystery of dreams can be solved To conclude the mystery of dreams, I think it can be solved based on the information I researched and if scientists keep doing research. Next time you have a crazy dream, think to yourself: HaveRead MoreDream Interpretation Essay1656 Words Ã |Ã 7 Pageseven today, is a mystery. Debates have surrounded abo ut whether dreams are meaningless or important. Since early history, people have recounted their dreams believing they were secret codes or messages. (Young) In Truman CapoteÃ¢â¬â¢s novel In Cold Blood Perry, one of the killers, dreamed that he was saved by a bird that took him to a new place described as Ã¢â¬Å"paradise.Ã¢â¬ (Capote 93) Though the dreams made Perry feel superior, the meaning of his dream is fascinating but still a mystery. Dream interpretationRead MoreBig Sleep965 Words Ã |Ã 4 Pagesyour chosen film adhere to or diverge from the generic convention at play within the genre of the chosen film? ÃâThe Big Sleep (1946) starring Humphrey Bogart and Lauren Bacall is one of Raymond Chandlers best hard-boiled detective mysteries transformed in to a Film Noir, private detective film classic. The Big Sleep is the best example of a classic Warner Brothers mystery. It is very complex, confusing L.A. private eye Phillip Marlowe takes on a blackmail case and follows a trail peopledRead MoreComparison of Toadstool Wood and Snowy Wood888 Words Ã |Ã 4 Pageswrote that in the last stanza so that there is a sense of mystery in the readers mind. The author has also used alliteration in his poem, Ã¢â¬Ëstilted spider strollsÃ¢â¬â¢. In addition he has used a metaphor, Ã¢â¬ËmossÃ¢â¬â¢s close green velvetÃ¢â¬â¢. Overall I think the writer has created alot of mystery by using powerful words, metaphors and alliteration. Ã¢â¬ËStopping by the woods on a snowy eveningÃ¢â¬â¢ evokes a mysterious sense of place. The sense of mystery is on the opening line. The narrator knows the owner ofRead MoreEmily Brontes poem analysis1719 Words Ã |Ã 7 Pagesnot any light of hope and couragment in her life. She was fed up with her life. She wrote this poem in those days when she was bound at home. This poem is the true representative of her disappointed feelings. She wanted to sleep but sleep brings no rest to her. She wanted to sleep eternally. She was disturbed by the painful memories which she had suffering in her life. She wanted to escape from the reality. As Paul Lieder points out; Ã¢â¬Å"Emily Bronte wrote so little in her short life that it is difficultRead MoreAct 3 Scene 1 Of William Shakespeare s Hamlet Essay947 Words Ã |Ã 4 PagesÃ¢â¬Å"HamletÃ¢â¬ the main protagonist, Hamlet, recites a soliloquy Ã¢â¬Å"To be, or not to be.Ã¢â¬ Throughout his lines Hamlet explains the concept of suicide and why people choose to live long lives instead of ending their suffering. The main point he speaks on is the mystery of oneÃ¢â¬â¢s afterlife, they never know for sure what happens when they die. For this reason, his speech does a good job highlighting the plays underlying themes of pervasiveness of death, and tragic dilemma, and tragic flaws. One major theme within theRead MoreSleep is Part of Life1014 Words Ã |Ã 4 PagesZZZ Sleep is something we all have in common, and perhaps also something that we know the least about. We have a vague idea about what sleep is: its what we do when were not awake. In a way sleep is one of lifes biggest mysteries, even though we spend about a third of our lives doing it! Sleep affects our daily life. Students who are sleep-deprived are very likely to have problems in school. A child might fall asleep in class or have attention and/or concentration issues. He or she might be cranky
Tuesday, May 12, 2020
Sample details Pages: 1 Words: 379 Downloads: 3 Date added: 2017/09/24 Category Advertising Essay Type Argumentative essay Did you like this example? Karanakov Ivan IV-3 The League Championship Tournament The UEFA Champions League is an annual association football cup competition organised by UEFA since 1955 for the top football clubs in Europe. The tournament consists of several stages. In the present format it begins in mid-July with three knockout qualifying rounds and play-off round. The 10 top surviving teams are joining 22 seeded teams in the group stage,in which there are eight groups consisting of four teams each. The eight group winners and eight runners-up enter the final knockout phase, which ends with the final match in May. This elite competiton started two days ago for 2010/2011 season. A strong euphoria hits the world, Whos gonna be the new Champion of Europe. Its very exciting because some of them are fighting for the 10-th title like Real Madrid, or AC Milan who are trying to get their nine title. It will be very interesting this year. Everyone is tipping that Barcelona will won the trophy,but we will see there are still many games to play. For this year the most exciting group is Group G which is called The Group of Death. Three European giants will lock horns in group G,but the tassle between AC Milan, Real Madrid CF and AFC Ajax is just one of the many intriguing stories set to unravel over the coming months. It may only have been maturing since the Monte Carlo draw on 26 August,but this seasons UEFA Champions league already bears the aroma of a vintage year. AFC Ajax are hardly newcomers as four-time winners, but their coach Martin Jol is a UEFA Champions League debutant. He nevertheless believes his side could shock Real Madrid CF, AC Milan and AJ Auxerre in Group G. Yet the man in pole position is the Portuguese tactician who first claimed the trophy with FC Porto: Jose Mourinho. Already the defending champion after FC Internazionale Milanos exploits last season, the new Madrid coach is bent on leading the competitions most successful club to their tenth title. The t hrill of this competition is that everyones dreams stand equal at the start, yet some will begin to soar and others fade as soon as the action commences. So uncork the competition, and let the good times flow. Ivan Karanakov Ã°Å¸â¢â 15/09/2010 DonÃ¢â¬â¢t waste time! Our writers will create an original "Uefa Champions Cup" essay for you Create order
Wednesday, May 6, 2020
Introduction The aim of the present paper was to investigate and discuss the cognitive processes involved in the preparation for exams. The paper covers the background of cognitive psychology, discussing the separate faculties of cognitive processing. It then goes on to discuss the specific faculties of attention and memory, as these were two fundamental mechanisms included in the literature when taking into account the learning and memorisation of information. We will write a custom essay sample on Describe the cognitive processes required when preparing for examinations or any similar topic only for you Order Now Discussion about the cognitive processes involved in attention and memory is incorporated in to the paper, and suggestions on how students can use cognitive techniques to enhance the performance of these cognitive processes whilst preparing for exams are subsumed. The paper concludes with the suggestion that the working memory model as proposed by Baddeley Hitch (1974) is the main cognitive process involved in exam preparation. The term Ã¢â¬Å"cognitionÃ¢â¬ is derived from the Latin word Ã¢â¬Å"cognoscereÃ¢â¬ which when translated in to the English language, denotes the meaning Ã¢â¬Å"to knowÃ¢â¬ . Hence, cognitive psychology is concerned with the scientific study of human cognition. Processes such as perception, learning, judgement, decision making and memory are some of the mechanisms that constitute as cognitive ability. The fundamental aim of researchers in the field of cognitive psychology is to establish how individuals acquire and apply knowledge and information to and from their environments (Lu Dosher, 2007). Knowledge through perception is attained by way of the five senses where different aspects of the information such as form and motion represent various different features of the stimuli (Livingstone Hubel, 1988; Ungerleider Mishkin, 1982; Julesz, 1971). The purpose of learning is to improve the response of the individual to their environment (Kandel, 1976; Estes, 1969). Thus, throug hout the psychological literature on cognitive processing, emphasis has been based on the effect of prior experience and procedural knowledge on an individualÃ¢â¬â¢s performance (Roediger, 1990). The attention function of the cognitive process manages information so that the mind operates efficiently without becoming overloaded. This is done through selective processing, whereby certain pieces of information are elected for processing. Additionally, the attention faculty may also manage the intake of simultaneous pieces of information by dividing and distributing the resources applied to them (Broadbent, 1957; Posner, 1980; Treisman, 1969). The judgement and decision making faculty of cognitive processing is required for the individual to effectively perform a voluntary behaviour. The choice that the individual makes may be driven by implicit or explicit judgement and selection, implicating that the individual may have a conscious or unconscious cause for their decision (von Neuma nn Morgenstern 1944; Luce, 1959). Yet, the most developed aspect of cognitive psychology and the study of cognitive processes is the faculty of memory. Memory studies place considerable emphasis on investigating the methods in which memories are acquired, stored and retrieved. Research provides indication that the capacity of memory is divided to perform separate duties such as retaining information about the environment, procedures, skills and running the working memory mechanism (Cowan, 1995; Dosher, 1999). The essay at hand endeavours to discuss which cognitive processes are employed during preparation for an exam, with specific references to the attention and memory functions of the brain, as these are the two functions that go hand in hand when retaining and recalling information (Cherry, 2014). The aptitude to process information selectively through attention, and retain information in a way in which is accessible through the working memory are two imperative aspects of cognitive capacity. While evidence indicates that attention plays little role in the maintenance of information encoded in the memory (Fougnie, 2008), it has been suggested that there are strong links between the working memory and attention faculties of the cognitive mind during the encoding and manipulation process of knowledge acquisition (Cherry 2014; Fougnie, 2008). Theoretical models of the working memory commonly describe a role for attention. However, between these different models, the exact role for attention has not been agreed on and remains vaguely unclear, thus debates about which processing stage that attentional selection occurs (Fougnie, 2008). The most widely accepted model of memory is the Working Memory Model proposed by Baddeley and Hitch in 1974. In this model, attention is the mediator between sensory memory and the central executive, where sub functions such as the phonological store and the visuospatial sketch pad, two short term memory stores, hold short term auditory and visual information respectively. These are known as the Ã¢â¬Ëslave systemsÃ¢â¬â¢ and provide evidence as to how humans are able to multitask. According to the working memory model, the information from these slave systems are then transferred back to the central executive whereby they are encoded in the long-term memory (Fougnie, 2008). These findings provide an outline to which cognitive processes occur during exam preparation, where students attempt to retain information that they will later on retrieve. Yet, further research suggests that learning and retaining information for exams may be a more complex procedure than those outlined by memory models (Hill, 2009). Ebbinghaus (1885) investigated the method in which the retention and forgetting of information occur. The establishment of the forgetting curve provided insight into how memories dissipate over a period of time (Groome, Brace, Dewart, Edgar, Edgar, Esgate, Kemp, Pike Stafford, 2006). Similarly, BartlettÃ¢â¬â¢s Story Recall experiment (1932) lent insight to the notion that information is required to hold semantic value in order to be remembered (Groome, et al., 2006). Thus, according to Hill (2009), the most effective ways for students to memorise information for their exams is through repetition, elaboration and organisation. To further elaborate on the suggestions of Ebbinghaus (1885), Bartlett (1932) and Hill (2009), researchers proposed several studies in sustenance. Ebbinghaus (1885) further stated that in order to avoid forgetting and enhance memory, repetition was significantly valuable. Making use of the Ã¢â¬ËmindÃ¢â¬â¢s voiceÃ¢â¬â¢, the phonological loop, the cycle o f learning and accurately recalling strengthens the memory, thus making exam preparation easier as less time will be required to re-learn the material, hence why revising for exams more than once improves recall (Hill, 2009). Moreover, in favour of Bartlett (1932), it has been found that information possessing semantic value is recalled more efficiently (Craik Tulving, 1975; Ley, 1978). It may be hypothesised that the explanation of is deduced to the attention function of the working memory selecting meaningful information in order to enhance the individualÃ¢â¬â¢s performance based on prior learning and experience. Based on these findings, mnemonics may be suggested as an effective revision tool, since associating information with vivid visual imagery and words has proven enhanced recall (Bower, 1972). Furthermore, presenting information in a structured manner in which meaning is conveyed has been found to facilitate recall (Hill, 2009). By grouping or ordering materials in an or ganised manner, the individual will take advantage of the mindÃ¢â¬â¢s existing method of representing information semantically, thus making the information easier to encode and retrieve through memory. For example, Ley et al (1978) found that presenting medical information to patients in an organised and structured way improved their recall up to 25%. Thus, it is suggested that students adequately organise their learning materials in a semantic manner in order to prepare for their exams in the most resourceful way. Although the literature has provided rich evidence to support the notion that the memory and attention faculties play a major role in exam preparation, there are also relevant limitations in need of addressing. The working memory model has been criticised as being invalid, as when new studies propose findings that do not fit with the current working memory model, the working memory model is modified in order to accommodate the new findings. This makes it difficult to falsify the model or replace it with a new one, and indicates that any research findings based on the working memory model are void (Neath Nairne , 1995). Moreover, the findings of Ebbinghaus (1885) have been questioned, as the subject of his study was himself. Without any objective findings, researchers believe the results of the forgetting curve to be unreliable (Hill, 2009). Despite these criticisms, later research based on both the working memory model and the forgetting curve has successfully uncovered new findings on the cognitive processes involved in memory (Groome, et al., 2006). In conclusion, the findings in the literature have lent ample support to the notion that exam preparation heavily relies on the cognitive processes of attention and memory. The literature has indicated that these two faculties work conjointly in order to achieve long-term memory. Studies on the Working Memory Model have identified the specific roles of the two cognitive processes, and the literature has provided further support on how the working memory model is vital in exam revision through detailed descriptions of these functions. Studies on memory retention and forgetting have implicated that repetition, elaboration and organisation are the key skills that an individual needs to employ whist preparing for exams in order to maintain an optimal memory capacity for the revised information. Regardless of the limitations associated with the research done on memory, the working memory model still stands as a strong representative for the cognitive process involved in exam preparation. References Baddeley, A.D. Hitch, G.J. (1974). Working memory, in G.H. Bower (Ed.), The Psychology of Learning and Motivation: Advances in Research and Theory. Vol. VIII. 47-90, New York: Academic Press. Bartlett, F.C. (1932). Remembering. Cambridge: Cambridge University Press. Bower, G.H. (1972). Mental imagery and associative learning. In L. Gregg (Ed.), Cognition in Learning and Memory, 51-88. Broadbent, D. E. (1957) A mechanical model for human attention and immediate memory. Psychological Review, 64. 205-215. Cherry, K. (2014). Top 10 Memory Improvement Tips. Retrieved from: http://psychology.about.com/od/cognitivepsychology/tp/memory_tips.htm Accessed: 12/03/14 Craik, F.I.M. Tulving, E. (1975). Depth of processing and the retention of words in episodic memory. Journal of Experimental Psychology, General, 104. 268-294. Cowan, N. (1995) Attention and memory: an integrated framework. New York: Oxford University Press. Dosher, B.A. (1999) Item interference and time delays in working memory: Immediate serial recall. International Journal of Psychology Special Issue: Short term/working memory, 34. 276-284. Ebbinghaus, H. (1885). Uber das Gedachtnis. Untersuchungen zur experimentellen Psychologie. Leipzig: Dunker Humbolt. Estes, W. K. (1969) Reinforcement in human learning. In J. Tapp (Ed.), Reinforcement and behavior. New York: Academic Press. Fougnie, D. (2008). The Relationship Between Attention and Working Memory. New Research on Short Term Memory. 1-45. Groome, D., Brace, N., Dewart, H., Edgar, G., Edgar, H., Esgate, A., Kemp, R., Pike, G. Stafford, D. (2006). An introduction to cognitive psychology. Processes and disorders. Second Edition. East Sussex: Psychology Press. Hill, G. (2009). AS A Level Psychology Through Diagrams: Oxford Revision Guides. Oxford: Oxford University Press. Julesz, B. (1971). Foundations of cyclopean perception. Chicago: University of Chicago Press. Kandel, E. R. (1976) Cellular basis of behavior: An introduction to behavioural neurobiology. San Francisco: W. H. Freeman. Livingstone, M.S. and Hubel, D.H. (1988) Segregation of form, colour, movement and depth: Anatomy, physiology and perception. Science, 240. 740Ã¢â¬â749. Ley, P. (1978) Memory for medical information. In Gruneberg, M.M., Morris, P.E. Sykes, R.N. (eds) Practical Aspects of Memory. London: Academic Press. Lu, Z.L. Dosher, B.A. (2007). Cognitive Psychology. Scholarpedia.2(8), 2769. Luce, D. R. (1959) Individual choice behavior; a theoretical analysis. New York: Wiley. Neath, I. Nairne, J.S. (1995). Word length effects in immediate memory: Overwriting the trace decay theory. Psychonomic Bulletin and Review, 2, 429-441. Posner, M.I. (1980). Orienting of attention. Quarterly Journal of Experimental Psychology, 32, 3-25. Roediger III, H. L. (2002) Processing approaches to cognition: The impetus from the levels-of-processing framework. Memory, 10. 319-332. Treisman, A. M. (1969) Strategies and models of selective attention. Psychological Review, 76. 282-299. Ungerleider, L.G. Mishkin, M. (1982) In D.J. Ingle, M.A. Goodale, R.J.W. Mansfield (Eds.). Analysis of visual behavior. Cambridge, MA: MIT Press. von Neumann, J. Morgenstern, O. (1944). Theory of Games and Economic Behavior, Princeton, NJ: Princeton Univ. Press. How to cite Describe the cognitive processes required when preparing for examinations, Essay examples
Saturday, May 2, 2020
Question: What Are The Major Elements Recognized In Law? Answer: Introducation To determine whether there was a contract, there are major elements recognized in law for there to be a legally binding contract. These elements are offer, acceptance, consideration, capacity and intention to enter into a binding agreement. Other issues to consider in the determination of whether there is in existence a contract are concepts such as estoppel and privity of contract. The following paragraphs present a discourse in answer to whether there was a contract and when it was formed. An offer is an unequivocal statement from the offeror of such terms that in case the offeree accepts, the intention is for the same to be binding. An offer happens where an offeror indicates a wish to enter into a binding agreement with the offeree on particular terms. Also, the offer must be made to another person and not to oneself. Conduct that should be distinguished from offers is advertisements (Partridge v Crittenden 1968) and tenders (Hughes v Airservices Australia1997). Based on the fact pattern, it is clear that Agro Builders engagement of Ego Architects to prepare architectural drawings amount to a clear statement of their willingness to enter into a binding contract. Therefore, that was the offer. After an offer has been made, it is imperative to establish whether the other party accepted the same. The offeree must accept the same terms and issues without which a contract cannot be deemed as legally binding (Construction Law Contracts 2011, p.2). For an acceptance to be valid, it must be directly relying on the offer. Furthermore, an acceptance of an offer may be reached by acceptance of the offer or by the parties conduct that suffices to show an agreement (UNIDROIT Principles 2010, art.2.1). The import of this statement is that even where there is no formal offer and acceptance, the performance of the parties of certain obligations is adjudged as an intention of being bound in a contract. Article 2.6 of the UNIDROIT Principles 2010 provides that an acceptance may be reached through statement, conduct, indication of assent or usage. Accordingly, when Ego Architects undertook to prepare the architectural drawings, there was an indication of willingness to be bound in a contrac t, hence the acceptance. Consideration is paramount for parties to enter into a contract. This means that the offeror must receive something in return. The consideration must not necessarily be monetary as good service suffices (Construction Law Contracts 2011, p.3). Although inadequate, the contract may still be binding as the requirement is that consideration should be sufficient. Hence, the tree-stage payment basis for the drawings amounts to good and sufficient consideration. In addition to the above requirements, it must be established that there was an intention to be bound by an agreement. For the contract to be effective, the engineer must write clear specifications usable under the prevailing site conditions (Construction Law Contracts 2011, p.4). According to the case of Victoria University of Manchester v Hugh Wilson Lewis Womersley (1984, para.75), the best defence against legal claims is using language that is clear concise and consistent throughout the entire specification. The objective is producing a document that is unambiguous and that completely describes the building when read together with the drawings. This was also the holding in the case of Equitable Debenture Assets Corporation Ltd v William Moss Group Ltd (1984, para.21). The import of the preceding is that there must be an unequivocal intention to form a legally binding contract. The intention may be express or implied, which is the case in most commercial contracts, unless express ly excluded. As such, it may be implied from the conduct of Agro Builders and Ego Architects that there was an intention to create a legally binding agreement. The other issue to consider is whether the parties to a contract have capacity to enter into the agreement. In general, parties must be above 18 years of age and also of sound mind and disposition to be held as having entered into a contract. With respect to corporations, the respective Acts of Parliament under which they are organized govern their conduct and ability to enter into contracts. The law governing Ego Architects is the Architects Act 1991 and for Agro builders, the Building Act1993and the BuildingandConstructionIndustry Security of PaymentAct2002. It is important to further note that according to the privity of contract doctrine, only parties to a contract are bound thereto (Construction Law Contracts 2011, p.6). In summary, based on the above discourse, there was a contract between Agro Builders and Ego Architects. This is because the parties have capacity to contract and also demonstrated, through their conduct, an intention to enter into a legally binding agreement. Further, there was an offer, an acceptance and consideration. When, therefore was the contract created? The contract was necessarily created during the acceptance of the offer. That is when Ego Architects accepted Agro Builders offer to prepare architectural drawings. Whether Verbal Agreement can vary the Terms of a Written Contract Dorter (1990, p.156) defines a variation as an alteration that either adds or omits the specific terms of a contract or the physical work that a contractor should perform. In Re Chittick and Taylor (1954), the Canadian Court laid down principles for determining whether changes to contracts constitute variations. In Australia, the case of Barter v Mayor of Melbourne (1870) held that extra works constitute those that were not catered for under the contract or contemplated during execution thereof. In principle, the absence of a contractual provision that reserves to the principle a power of directly altering the contractual works does not oblige a contractor to acceding to requests by the principle to depart from the scope of works enumerated in the contract. Any insistence by the principle of such a departure may entitle the contractor to treating such as a repudiation of the contract. This was the holding in the case of Ettridge v Vermin Board of the District of Murat Bay (1928). Questions regarding the particular parameters of a variation are of construction, which can only be determined by referring to the express wording of the particular provision in the contract. This was observed in the case of Balfour Beatty Power Construction Australia Pty Ltd v Kidston Goldmines Ltd (1989). The general rule of carrying out a variation is that it must be in writing (Baker McKenzie 2013, p.54). Clause 36.1 of the AS 4000 provides that a variation order must be written. However, under the provisions of clause 23 of AS 2124 and NPWC a variation does not need to be in writing. As a general rule of English law, parties are granted freedom of contracting and are entitled to expressing the same in writing, verbally or in the course of their dealing. The Court of Appeal in the authoritative pronouncement of Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd (2016) upheld this position of English law. The court averred that although it would be practically beneficial for contracting parties to restrict the manner in which they vary terms, reconciling that with the fundamental English principle of freedom of contract would be difficult. Accordingly the Court stated that there is nothing barring parties from verbally varying the terms of a written contract. Therefore, based on the discussions above-presented, verbal agreements are capable of varying the terms of a written contract. However, it is important to note that the written terms are still valid since they make it difficult for contracting parties to prove the oral agreement. Hierarchy of Contract Documentation and the Applicable Legal Principles The basic hierarchy of documentation is the duly signed Agreement, followed by the Conditions of Contract and the special conditions attendant thereto. The Drawings (including survey, engineering, architectural and other drawings) are then followed by the specifications (engineering, architectural, and others), which are in turn followed by the Bill of Quantities wherever applicable and other documents deemed as requisite for works execution (Construction Law Contracts 2011, p.10). The general law applicable in construction contracts documentation is the law of contracts and decisions of the court. The two groups of contracts that are used in construction are standard form and non-standard form contracts. The Legal Effect of Stamping the Specifications Approved In Edgeworth Construction Ltd v ND Lea Associates Ltd (1993), the Supreme Court held that a seal attests to the preparation of a document by a qualified engineer but does not guarantee the accuracy thereof. Such a stamp should be deemed as a sign of reliance and indicates that other individuals may place reliance on the fact that designs, judgements or opinions were made by an engineer who is held to high standards of ethical conduct, skills and knowledge. Accordingly, stamping the specifications approved has the effect of telling others that they can, with a high level of confidence, rely on the contents of the specifications in furthering their projects. However, because the successful outcome of projects is dependent on numerous factors beyond the help of the engineer, such engineer cannot guarantee absolute success. Accordingly, such stamping of specifications is not a warranty of correctness and should not be treated as such. Procedures for Avoiding Amendment Problems in the Course of Construction Since the Agro Builders contract is for construction of prison facilities. It may be classified as a huge or major project. As such, this paper prescribes the use of non-standard form contracts as one of the means of avoiding the problems of amendments during the continuance of construction. Due to the complex nature of huge projects, it is important to write specific contract provisions and subject the same to extensive negotiations. However, since the project at hand may also qualify as one that is not very huge, it may utilize a standard form contract. Examples of such contracts include the Australian Building Standards Contract forms and the Australian Standard AS2124-1992 standard form contract. The rule in using such contracts is to understand the terms and tailoring the same to suit the specific needs of particular projects before adopting them (Construction Law Contracts 2011, p.13). The Court in the Silent Vector Pty Ltd t/as Sizer Builders v Squarcini (2009) judicial pronou ncement observed that parties of standard form contracts must be careful to clearly and consistently add, amend or delete some clauses. The Court further noted that failure by parties to adhere to the above principle was the cause of uncertainty in this realm of commercial law. Technical Dispute Resolution Articles 2.20 to 2.22 of the UNIDROIT Principles deal with the resolution of disputes that arise between standard form and non-standard form contracts. For standard form contracts, the dispute resolution mechanism used is arbitration and mediation. The rationale for adopting arbitration is attributed to the length of time it takes for a claim to even get to hearing in the court process. Arbitrations are quicker to determine. Nonetheless, this is a historic position as court processes are also fast now days. Accordingly, parties to a dispute must elect the method of dispute resolution they deem as both cost effective and fast. The BuildingandConstructionIndustry Security of PaymentAct2002provides for adjudication as an interim avenue for parties to resolve particular disputes. It is noteworthy that courts have considered the possibility of judicial intervention in adjudication determinations in the nature of judicial review. The two cases of Grocon Constructors Pty Ltd v Planit Coccia rdi Joint Venture Ors (2009) and Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd (2009) considered that possibility. In a nutshell, the import of the two decisions above-named is that an adjudicators decision is susceptible to the writ of certiorari. What the Project Manager needs to do to have Technical Material for the Court Hearing In Victoria, the following model is used in commercial arbitrations of a domestic nature. First, parties are accorded freedom of choosing an expert whit a particular expertise who answers questions that are pinned on factual assumption sets that are competing. Secondly, there is a requirement for a joint experts conference, which is the meeting of the chosen experts before trial. In those meetings, experts exchange finalized expert reports for the purpose of resolving points of difference. The remaining differences are then articulated briefly giving reasons for the same. The differences that remain are usually explored during trial using the concurrent evidence technique (Monichino 2012, p.8). Therefore, a project manager needs to choose the right expert for their case and arrange for the expert conference. The purpose of this arrangement is to obtain the final expert reports. How the Court Assesses Expert Witnesses In Australia, the courts use the concurrent evidence method as above-mentioned to assess expert evidence. The other name used to refer to this method is hot-tubbing. The practice involves the concurrent hearing of expert evidence in disputes of any specific field (Wilson, Sharp, Gilchrist, Fitzgerald 2013, p.692). An example of a case where expert witnesses were hot-tubbed is Hunt v Optima (Cambridge). That case involved the hot-tubbing of engineers and the architect as experts based on a defects schedule that related to grave defects in blocks. In Stratton v Patel (2014), there was a restaurant with a schedule of defects and electrical and mechanical engineering experts were hot-tubbed. The courts use section 79 of the Evidence Act 2008 (DasreefPty Limitedv Hawchar2011, p.602-605). That section provides for five factors to be considered for expert witness to be admissible. The factors include, but not limited to, relevance (as under s.55), necessity of specialised knowledge, and an application of the expert opinion on the facts. In case the expert evidence is admissible, the court is conferred with the discretion of limiting or excluding that evidence by virtue of sections 135-136. The case of ASIC v Rich (2005) is an example of a case where the expert evidence was excluded for non-compliance with section 79 of the Evidence Act and excluded by import of section 135. The other law governing expert evidence in court is the Supreme Court Rules Order 44. Rule 44.03 enumerates the requirements that must be complied with by an expert report. The final law that the courts use in dealing with expert witnesses is the Expert Witness Code of Conduct otherwise known as Form 44A . This code insists that an expert has an overriding duty of impartially assisting the Court and the fact that he or she is not an advocate of the party that retains them. Problems and Risks in Using Expert Witnesses The general rule in law with regard to witness testimony is that witnesses are required to give evidence of fact. Such evidence must be given as the witnesses know them as opposed to hearsay (what others have said to them), which is excluded. Likewise, as a general rule, a witness is precluded from giving opinions, inferences or opinions in evidence (Ward 2008, p.1083). The exception to this rule is, of course, expert witnesses, whose testimony is adduced in court as evidence based on opinion. This is a development in English law that has progressively been allowed in courts. The use of the word opinion raises issues since it means opinions that are based on the experiences of human judgement. The opinions of an expert witness are usually based on knowledge of the specific issues being reviewed. However, in practice, such knowledge must necessarily be qualified as barely adequate since it is very rarely that an expert witness will have possession of all the intimate and complete deta ils of all the facts of the relevant case. The expert therefore makes general educated guesses from what is actually known to what can be speculated from the knowledge of a case. This, necessarily, is the danger of using expert witnesses. Furthermore, experts charge heavily for statements and comprehensive final reports. Expecting an expert to retract from such an opinion during the exchange of final reports is counter-intuitive. Payment Process under the Building Industry Security of Payment Act Section 9 of the Act provides for the right to progress payment, which is calculated with respect to the reference date. In this case Agro Builders needs to understand the procedure for payment under the Act and the requirements for the same. Section 14 provides for the process for lodging a payment claim. According to that section of the law, the claim must be in the prescribed form containing the prescribed information. Also, it must contain the related services or construction work to which the payments relate. It must contain the amount of the payment that has become due and must state that it is being made under the Act. Section 14 (4) provides for the period within which to serve the payment claim as either three months from the date of the reference or such period as is prescribed in the contract, whichever is greater. Requirements for a Claim to fall under the scheme of the Building Industry Security of Payment Act Section 14 of the Act provided that the Respondent to a claim must serve a payment schedule within 10 days, which schedule details the items disputed and what is to be paid. Failure by the respondent to adhere to that section makes them to lose their right of disputing the payment. Despite the clear provisions of the Act above, the court held that there is a possibility of expending the period in case the respondent engages in conduct that is deceptive and misleading. This was the position in the case of Bitannia Pty Ltd and Anor v. Parkline Constructions Pty Ltd (2006). During the time of this case, the applicable law with respect to misleading conduct was section 52 of the Trade Practices Act 1974, now governed by section 18 of the Australian Consumer Law (Ulbrick 2009, p.23). The case of DualcorpPty Ltdv Remo ConstructionsPty Ltd (2009) involved a payment claim that dealt with the same works, which had been already dealt with by a prior adjudication. The court held that that did not constitute a valid claim for payment. In another case of Kittu Randhawa v Monica Benavides Serrato (2009), the court held that if a party cannot disprove delivery, there is a presumption that effective delivery of notice occurred. In the judicial pronouncement of Zebicon Pty Ltd v Remo Constructions Pty Ltd(2008), the question before the court was with respect to the exact date that the payment claim was served. Oral evidence was presented indicating that the payment claim had been faxed and, further, a satisfactory transmission report. The court held these to be sufficient proof that the claim was duly served. In the case of Rubana Holdings Pty Limited v 3D Commercial Interiors Pty Ltd(2008), the court held that in case of cessation of work or termination of contract, referen ce dates do no cease. The same court in the preceding case held that for payment claims to constitute as valid, they need not be signed. References Statutes Architects Act 1991 (Vic) Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (CCA) Building Act1993(Vic) BuildingandConstructionIndustry Security of PaymentAct2002(Vic) Evidence Act 2008 (Vic) Supreme Court Rules Trade Practices Act 1974 (Cth) Cases ASIC v Rich  NSWSC 149 Australian Development Corporation Pty Ltd v White Constructions (ACT) Pty Ltd and Ors(1996) 12 BCL 317 Balfour Beatty Power Construction Australia Pty Ltd v Kidston Goldmines Ltd  2 Qd 105 Barter v Mayor of Melbourne (1870) 1 A.J.R. 160 Bitannia Pty Ltd and Anor v. Parkline Constructions Pty Ltd  NSWCA 238 Cubic Transportation System Inc vState ofNew South Wales 2 Ors  NSWSC 656 revised - 27/02/2003 DasreefPty Limitedv Hawchar HCA 21; 243 CLR 588 DualcorpPty Ltdv Remo ConstructionsPty Ltd  NSWCA 69 Edgeworth Construction Ltd. v. N. D. Lea Associates Ltd.  3 SCR 206; (1994) 66 BLR 56 Equitable Debenture Assets Corporation Ltd v William Moss Group Ltd (1984) 2 Con LR1 Ettridge v Vermin Board of the District of Murat Bay  S.A.S.R. 124 Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd  EWCA Civ 396 Grocon Constructors Pty Ltd v Planit Cocciardi Joint Venture Ors  VSC 426 Hickory Developments Pty Ltd v Schiavello (Vic) Pty Ltd  VSC 156 Hughes Aircraft SystemsInternationalv Airservices Australia FCA 558 Hunt v Optima (Cambridge)  EWHC 681 Kittu Randhawa v Monica Benavides Serrato  NSWSC 170 Multiplex Constructions Pty Ltd v Abgarus Pty Ltd(1992) 33 NSWR 504 Northern Sandblasting Pty Ltd v Harris  HCA 39 Northern Territory of Australia and Others v. Arthur John Mengel and Others F.C. No.95/017  HCA 37; (1995) 129 ALR 1, (1995) Aust Torts Reports 81-335 (1995) 69 ALJR 527 Partridge v Crittenden  1 WLR 1204 Re Chittick and Taylor (1954) 12 W.W.R. 653 Rubana Holdings Pty Limited v 3D Commercial Interiors Pty Ltd NSWSC 1405 Stratton v Patel  EWHC 2677 Transit New Zealand V Pratt Contractors  2 NZLR 313 Victoria University of Manchester v Hugh Wilson Lewis Womersley (1984) 2 Con LR 43 Zebicon Pty Ltd v Remo Constructions Pty Ltd NSWSC 1408 Other Sources Ulbrick, D 2009, Tradies and the Trade Practices Act, BCL, vol. 25, p.8 Wilson, D., Sharp, C., Gilchrist, S. Fitzgerald, N., 2013, Hot-tubbing Experts: Is There Scope for the Use of Concurrent Expert Evidence?,Journal of Intellectual Property Law Practice,vol. 8(9), pp.691-699 Ward, R 2008, Hazard of an expert witness-an Australian Experience, InInstitution Of Chemical Engineers Symposium Series(Vol. 154, p. 1081). Institution of Chemical Engineers; 1999 Monichino, A SC 2012, Aspects of Expert Evidence: Briefing of Experts and Finalising the Report, Paper presented to the IAMA Expert Evidence Fundamentals: Tips and Traps Seminar on 8 October 2012 Baker McKenzie, 2013, Variations: A Comprehensive Overview, Construction Australia, viewed 10 May 2017, https://docplayer.net/4082750-Construction-australia-variations-a-comprehensive-overview.html Warren, M 2010, Good Faith: Where are we at?Melb. UL Rev.,vol. 34, p.344 Dorter, J 1999, Variations, BCL, vol. 15 p.156 Bell, M 2003, From an Invitation to Treat To an Invitation to Tread... Warily-Public Sector Tender Processes,BCL,vol. 19(2), pp.89-106. Merity, P 1999 The Return of Conscience: Section 51AC of the Trade Practices Act 1974,BCL,vol. 15, pp.304-313. Niemann, R 2002, Recent Aspects of Good Faith, BCL, vol. 18, pp.103-110 Mead, P 1996, The Recovery of Economic Loss Arising from Defective Structures Policy, Principle and the Amorphous Notion of Proximity as a General Concept,BCL,vol. 12, pp.9-26. Construction Law Contracts 2011, Swinburne University of Technology, School of Civil Engineering and Science, Lecture Notes, Module 4, HES6793. Trade Practices Act 1974 (Cth) International Institute for the Unification of Private Law (UNIDROIT) 2010, UNIDROIT Principles of International Commercial Contracts, viewed 9 May 2017 https://www.unidroit.org/instruments/commercial-contracts/unidroit-principles-2010
Monday, March 23, 2020
Alcoholism Alcoholism Alcoholism, Alcohol is liquid distilled product of fermented fruits, grains and vegetables used as solvent, antiseptic and sedative for potential abuse. Possible effects are intoxication, sensory alteration, and anxiety reduction. Symptoms of overdose staggering, odor of alcohol on breath, loss of coordination, slurred speech, dilated pupils, fetal alcohol syndrome in babies, and nerve and liver damage. Withdrawal Syndrome is first sweating, tremors then altered perception, followed by psychosis, fear, and finally auditory hallucinations. Indications of possible miss-use are confusion, disorientation, and loss of motor nerve control, convulsions, shock, shallow respiration, involuntary defecation, drowsiness, respiratory depression and possible death. Alcohol is also known as Booze, Juice, Brew, Vino, and Sauce. Most people know why alcohol is abused some reasons are relaxation, sociability, and cheap high. Alcohol is a depressant that decreases the responses of the central nervous s ystem. Alcoholism is a disease that has been destroying people's lives mentally, physically and emotionally throughout the entire world since the early 18th century. Sometimes people get the idea that alcohol abuse and alcoholism are the same thing. The National Council on Alcoholism says Alcohol Abuse? a problem to solve. Alcoholism a disease to conquer. Alcohol Abuse is the misuse of the substance, alcohol. You know you are abusing an alcoholic substance when you continue to use it, even though you're having social or personal problems because of your use. You still use it even though it's causing you physical problems. Using it the way you do is causing you legal problems. You don't live up to major responsibilities on the job or in your family. Alcoholism is being addicted, or dependent on alcohol. You may be dependent on alcohol if any three of the following are true. You have to use larger and larger amounts of it to get drunk. You have withdrawal when you try to stop or cut d own. You use it much more and for longer times than you really want to. You can't seem to cut back and feel a strong need or craving for it. You spend a lot of your time just getting the substance. You'd rather use than work or be with friends and family. You keep using, no matter what. The National Council on Alcohol Abuse and Alcoholism estimates based on research, that a Blood Alcohol Concentration between .02 and .04 makes your chances of being in a single-vehicle fatal crash 1.4 times higher than for someone who has not had a drink. If your BAC is between .05 and .09, you are 11.1 times more likely to be in a fatal single vehicle crash, and 48 times more likely at a BAC between .10 and .14. If you've got a BAC of .15, your risk of being in a single-vehicle fatal crash is estimated to be 380 times higher than a non-drinker's. Recent research is showing that true substance dependence may be caused, in part, by brain chemistry deficiencies. That is one reason that substance depend ence is considered a disease. Excessive drinking can cause liver damage and psychotic behavior. As little as two beers or drinks can impair coordination and thinking. Alcohol is often used by substance abusers to enhance the effects of other drugs. Alcohol continues to be the most frequently abused substance among young adults. Alcohol abuse is a pattern of problem drinking that results in health consequences, social, problems, or both. However, alcoholism refers to a disease that is characterized by alcohol-seeking behavior that leads to the loss of control while drinking. Short-term effects of alcohol use include distorted vision, hearing, and coordination. Long-term effects of heavy alcohol use include: loss of appetite, vitamin deficiencies, stomach ailments, skin problems, sexual impotence, liver damage, heart and central nervous system damage. Using alcohol to escape problems, a change in personality, turning from Dr. Jekyl to Mr. Hyde, a high tolerance level blackouts, someti mes not remembering what happened while drinking, problems at work or in school as a result of drinking, concern shown by family and friends about drinking. As with other diseases, there is the possibility of taking medicine to get better. There is now promising evidence that taking medicine can correct some of the deficiencies that may cause drug dependence. It is beginning
Friday, March 6, 2020
Jean Vanier essays Jean Vanier was born in 1928 in Quebec, Canada. He was the son of the Governal General, Georges Vanier. Jean was educated in England, and was a part of the British Navy and the Royal Canadian Navy. He resigned from the nay in 1950 and went to France to work on a doctorate in philosophy. In 1964, Jean Vanier along with two other men Founded L'Arche, a community with men and woman who have development disabilities. Jean's original community, L'Arache, there has been over one hundred communities have been founded though out the world. The foundation stone for L'Arche is the idea of "living with" and not "doing for" those with disabilities. Also in 1968, Vanier formed a group called "Faith of Sharing". "Faith of Sharing " is a community where people gather once a month for sharing the Jean Vanier had high gospel beliefs. He showed his strong beliefs when he formed the organization "Faith of Sharing." Jean Vanier believe that there was nothing wrong with the mentally handicap. For many years Jean Vanier carried the responsibilities for L'Arche and the international federation of L'Arches. Thought the years Jean Vanier has wrote many books including Heart of L'Arche, Our Journey Home, Scandal of Service: Jesus Washes Our Feet, Tears of Silence, Eruption to Hope, and Be Not Afraid. In 1971, with Marie Hlne Mathieu, he founded "Faith and Light", communities which meet together regularly, people with developmental disabilities and their parents and friends. Until 1981, Jean Vanier carried the responsibility for L' Arche and for the International Federation of L'Arche. He stepped down from those two responsibilities, allowing others to take over. He spends much of his time counseling, ...
Tuesday, February 18, 2020
Cooperate Social Responsibility - Assignment Example Still, on social responsibility in regards to human resource, it is important to highlight that Etisalat Company has created a department within the company that helps in the provision of solutions to various persons in the company either internally or externally. In this, it can solve external problems that could possibly involve the company with the customers, another company or organization at the same time the department can help in the giving of solutions to the employee's problems themselves and with the management for example on the salaries and wages. This is a very crucial department in the Company as the relationship between Etisalat Company, government, customers and other organizations are very key to the success of the company and like it is always said that the customer is always the king, good relationship with the customers is the key to success and this is because the customers feel that their problems and concerns are catered for by the company (Mark, 2011). Ã Environmental conservation is a very delicate matter in every nation and even to the whole world due to the fact that there are several environment conservation and protection bodies that push for the protection of the environment. Etisalat Company is not left out in the protection of the environment as well. The company employs the reusing of substances especially plastic.