What Is Encomienda System Essay Example

What Is Encomienda System Paper The encomienda system was a trusteeship labor system employed by the Spanish crown during the Spanish colonization of the Americas and the Philippines in order to consolidate their conquests. Conquistadors were granted trusteeship over the indigenous people they conquered, in an expansion of familiar medieval feudal institutions, notably the commendation ceremony, which had been established in New Castile during the Reconquista. The encomiendo system differed from the developed form of feudalism in that it did not entail any direct land tenure by the encomendero; Indian lands were to remain in their possession, a right that was formally protected by the Crown of Castile because at the beginning of the Conquest most of the rights of administration in the new lands went to the Castilian Queen. These were laws that the Crown attempted to impose in all of the Spanish colonies in the Americas and in the Philippines. The maximum size of an encomienda was three hundred Indians, though it rarely reached near to that number. The encomenderos had the authorization to tax the people under their care and to summon them for labor, but they were not given juridical authority. In return, the encomenderos were expected to maintain order through an established military and to provide teachings in Catholicism. The little respect that the Europeans had for the Amerindians, however, helped corrupt the system rather quickly. We will write a custom essay sample on What Is Encomienda System specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on What Is Encomienda System specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on What Is Encomienda System specifically for you FOR ONLY $16.38 $13.9/page Hire Writer So, what was supposed to assist in the evangelization of the Natives and in the creation of a stable society became a blatant tool of oppression. The Crown established the encomienda system in Hispaniola in May 1493. And while it reserved the right of revoking an encomienda from the hands of an unjust encomendero, it rarely did. In the papal bull Inter caetera (1493, the Borgia Pope Alexander VI had granted the western newly found lands to the Castilian Crown, on the condition that it evangelize these new lands. By this he allocated everything discovered by Columbus to the Crown of Castile, on the condition that the monarchs set about propagating the Christian faith there, and provided the lands concerned†¦Because the ultimate title of the Amerindians land lay with the Castilian Crown, the system in the New World differed in that it did not entail any direct land tenure by the encomendero. Amerindian lands were to remain in their possession, a right that was formally protected by the Crown of Castiles initial title. [5]. These were laws that the Crown attempted to impose in all of the Spanish colonies in the Americas and in the Philippines.

Cesare Beccaria Essays - Penology, Criminology, Criminal Law

Cesare Beccaria Essays - Penology, Criminology, Criminal Law Cesare Beccaria Cesare Beccaria is one of the most famous criminal justice theorists of all time. He lived from 1738 to 1794. He was the eldest son of an Aristocratic Family and was educated in a Jesuit school. His fascination with philosophy lead to him a bunch of friends who soon formed a group called the academy of fists. This group focused their attention on reforming the criminal justice system. This group exposed Beccaria to many great philosophers, who encouraged his work. One to his motivators was a philosopher named Pietro who was in favor of the idea protesting against torture to obtain confession for the law and justice system. As well as many other injustices going on such as, the wrongfully used discretionary power of judges, using personal connections to get lighter sentences and capital punishment. This point of view won the backing of many other great European Emperors and philosophers. By 1770 Beccaria had gained recognition from all over the world and political positions in Italy. Beccarias work touched on two distinct arguments of position. He described and pushed the point of reforming the criminal justice system. He also realized that very few studies had been done on research and reform in the system. He agreed with two philosophers theories: social contract and utility. In retrospect to social contract Beccaria pointed towards punishment as justified only to defend the social contract of citizens and to make sure that all persons followed this standard. In regards to utility Beccaria stressed that the method of punishment selected should be one that helps the public. In his efforts to direct the justice system he discovered that some philosophers had two principle theories justifying punishment. Number one on the list was retributive approach, which states that punishment should be equal to the crime. In other words an eye for an eye. This method falls into a revengeful style of punishment. The second theory was Utilitarianism approach, which states that the punishment should increase the happiness in the world. Meaning that the punishment should reform the criminal. Beccaria takes a utilitarian stance. He truly believes that punishment should deter others from acting in the same manner. This punishment should also take place quickly. The sentencing should be in a speedy manner. This will connect the crime and the punishment in the convicts mind making a clear connection between crime and punishment equaling. Swift punishments will have the greatest impact on deterring others. He also feels that severe punishments are pointless and will loose the initial effect that they intended. Becarria believes that dueling can be eliminated if laws would protect the persons feelings of insult and lose of honor. Punishment should equal the crime point blank, out of all the crimes treason is the worst, because it breaks down the social contract. Followed by violent acts against person and or their belongings. The most effective way to stop crime is to reward good doings in the community, increase education and make simple laws that every one can understand. Becarria believes that capital punishment is not the best deterrent. He says that long term imprisonment is the key to deterrence. People value their right of life more than anything else. Capital punishment should be preformed only if it benefits the public and is truly needed depending on the situation. Capital punishment fails to deter determined criminals from committing extreme crimes. Keeping people on lock down is more deterring then taking their life. Perpetual slavery is more affective and deterring than capital punishment. Beccaria believes that the justice system can be improved. His research had shown that capital punishment is not deterrence. It does more harm to the world than good. Perpetual slavery is the best deterrence the world had in its option. Criminals should be punished by methods that deter not vengeance. If these methods that Becarria has presented are used the rulers of the world will receive long lasting fame as peacemakers.

Multiculturalism In America Essay Example | Topics and Well Written Essays - 750 words

Multiculturalism In America - Essay Example Multiculturalism is not merely about the demographic composition of the American population, but how political systems frame the cultural diversity especially in participation in national matters (Alonso 24). The United States has witnessed high influx of immigrants from all parts of the world. Multiculturalism is closely related with identity politics, but requires the different religions, ethnic diversity and cultural diversities to be accommodated in the national issues such as representation. Government multiculturalism policies that promote multiculturalism include the federal support of newspapers and television that broadcast in the minority languages, support for minority festivals, encouragement of minority representation in education and politics (Donovan 99). Other public policies that encourage multiculturalism include acceptance of traditional dress codes in schools (Alonso 68). Multiculturalism is problematic since it reinforces the oppression of minorities in the socie ty. Critics of multiculturalism argue that it leads to segregated communities. This is because cultural differences such as traditions, values and shared beliefs are recognized in the nation-level thus denying opportunities for social cohesion (Alonso 63). Although protection of the minorities in the society will reduce the inequalities, racial or cultural based protections of the minorities will exacerbate the inequalities since powerful members of a particular minority group will undermine the opportunities and liberties of the vulnerable members of the particular group (Donovan 123). Feminists argue that multiculturalism will lead to entrenchment of the cultural practices that deny women equality and undermine the protection of women rights in the society. Accordingly, cultural practices like customary law on polygamy and religious laws will undermine the dominant legal system thus perpetrating the inequality of women in the society (Alonso 128). The duty of the government is to safeguard the individual rights, but not group rights. Granting cultural groups specific rights and protections undermines the individual rights to liberty and right of association in the society (Donovan 45). Accordingly, the Declaration of Independence and US Constitution is framed on the ideals of liberty, respect for universal human rights and right to pursue happiness. In addition, American ethos is based on individualism, equality in opportunities and egalitarianism thus all different cultures must internalize in order to ensure societal stability. In this regard, government policies that promote multiculturalism will create social instability and distinct cultural ideas other than those that have governed Americans since independence (Alonso 234). Multiculturalism undermines the struggles for justice and redistribution in the US. The politics of cultural recognition seeks to remedy the status inequality, but redistribution challenges the inequality in distribution of resource s and seeks economic restructuring in order to attain economic justice. For instance, Jim Crow laws of the southern states perpetuated political disenfranchisement thus providing opportunities for economic isolation of the Black Americans (Donovan 110). Multiculturalism entrenches cultural distinction thus leading to power differentials that hinder economic justice to the traditionally isolated minority groups like Black Americans (Alonso 178). Critics of multiculturalism argue that cultures should not be preserved since they are influenced by immigration, imperialism and international trade. Advancement in technology, influence of the mass media

Economic Theories of Adam Smith Research Paper Example | Topics and Well Written Essays - 1250 words

Economic Theories of Adam Smith - Research Paper Example Economic Theories of Adam Smith This report will discuss different economic theories by Adam Smith, a Scottish philosopher. Adam Smith is the founder of a free-market capitalism. He is also the father of modern classical economics and a proponent of laissez faire economic policies. His arguments against mercantilism made him the father of modern economics. The Scottish philosopher spent many years teaching and publishing some of his lectures in the â€Å"Theory of Moral Sentiments† in 1759. The material gained ground and laid the foundation for the publication of â€Å"The Wealth of Nations† in 1776 which cemented Smith’s place in history. However, many critics note that in his time Smith did not ‘invent’ the ideas he wrote about. He only popularized the ideas that became known as classical economy. Using his work other economists solidified the theories of classical economy which became dominant during the time of great depression or the global economic crisis. The report will als o compare the current economic system with Smith’s and conclude whether he would agree with current policies of today if he was alive. Production Theory From the economists’ point of view, production simply means the creation of goods and services which consumers will buy. Companies are the units of production, and they convert input into output through a transformation process (Kurz & Salvadori, 1995). The theory of production then consists of how a company chooses and combines various inputs to produce an output at a given level in the most efficient manner. The assumption is that decision making is done with the view of maximizing profits. Production is all about creation of wealth which in turn adds to the society’s welfare. Resources are limited and must be efficiently utilized to create the maximum possible welfare. There are different inputs or resources of the society used in the production process. These inputs or resources are the factors of production . Adam Smith identified three factors of production which are land, labor and capital. In the economics the definition of land refers to all the natural resources which are used in production. The land notion includes farming and building land, forests, rivers, lakes, and mineral deposits. Therefore, land does not mean a piece of earth. Labor attributes to both mental and physical efforts used in the production of goods and services. Labor is distinct in that it is the services of labor that are bought and sold. Labor is also unique because it is the reason why economic activity takes place. The supply of labor is measured by the number of hours of work which is offered at a given wage rate over a given period of time (Kurz & Salvadori, 1995). Capital is a man-made input and can be classified as working or circulating capital referring to stocks of raw materials, partly finished goods, and finished goods held by producers. Alternatively, it can be classified as fixed capital which c onsists of all the equipment used in production. The aspect of specialization is important in the production process. It refers to the concentration of activity in those lines of production where the company or an individual has some natural or acquired advantage. Adam Smith drew attention to the importance of the labor division in his book â€Å"The Wealth of Nations†. He was fundamentally concerned with the division of labor of a particular industry

History of Florence italy Essay Example | Topics and Well Written Essays - 750 words

History of Florence italy - Essay Example The popes encountered disagreements among themselves due to the difference in political alliances especially between the Italian and French popes who lived in Rome, and Avignon respectively. Any religious believer serving two popes, was intolerable and would be considered as a kin to being in hopeless/helpless passenger in an over speeding driverless automobile that would claim passenger’s life unsympathetically (Bonechi 43). The resolution to the pope issue was settled in a conference organized in 1409 which led to the appointment of a third pope, though the situation continued for a while till one pope settled on in 1417. The new pope led to resilience and creation of the papal state with the headquarters based in Italy. Due to the creation of a papal state all the tithes and funding directed to the church had to be channeled into one coffer, referred to as papal banker based in Florence (Bonechi 49). By the 15th Century Florence had already been famous and prosperous historically with fortunes in the banking industry and wool trades. However, the Black Death had wiped out the Italian population in the 14th century which resulted in bankruptcy of two banks. This led to occasional famine and civil unrest coupled with plague outbreak episodes and calamities which wobbled and shook Florence and its economy for a while (Bonechi 15). During the famine and economic strive, Florentines declined to be dominated by others, leading to repulsion of both Naples and Milan’s unwelcoming advancement. Due to the repulsion, Florence gained more power than it had during the pre- Plague forging ahead to secure Pisa as one of its port (this was a geographical item which Florence had not enjoyed previously) (Bonechi 38). During the third competition, the humanist believed that man was purportedly created in the image of God (Judea Christian) and given the ability to balance ideas in a meaningful manner.

Climate Change Problems For The Fiji Islands

Climate Change Problems For The Fiji Islands This paper explores the risks that climate change poses to the tourism development in Fiji islands. It shows the adverse effects of the changing climate and the dangers pose by the tourism activities and also pose a major hazard for the local people in the region. It also deals with the dangerous carbon emissions and CO2 effect on the landscape, food, water, energy. Key words: pacific, climate change, carbon and CO2 emissions. Introduction The pacific is the world`s largest ocean with a surface area of 175 million sq km and constitutes for 40% of the planet`s waters. Located in the tropical latitudes, it covers more than half the globe`s circumference. Temperature of the surface water in the western tropical regions is always more than 28 ÃÅ'Ã…  C over a depth of several hundred meters. This makes up the world`s storage of thermal energy for exchange with atmosphere. Here the interaction between atmosphere and ocean is most extreme and influences the climate not only regionally but planet-wide. The nations of the pacific are obscured human settlements absorbed in this vast fluid universe. The ocean is the most important factor controlling the environment and life. Hence any change in oceanic conditions and climatic changes are important for environment and life (Philander, 1990). The mean climate of a region is defined by the average conditions observed over 3 decades or more, considering all characteristics that makes weather felt by everyone and predicted by meteorologists. The main characteristics are temperature, wind conditions, atmospheric pressure, cloud cover and rainfall. The south pacific is bounded by an area of low pressure near the equator and high pressure around 30 S parallel. North-south pressure creates the regular winds in these two areas known as the south-east trades (Philander, 1990). Any change in earth`s climate has an impact on mankind, biodiversity, health and services provided by ecosystems worldwide. For adapting to such climate changes it is necessary to understand variation of climate, why and how the climate changes, and how it impacts the earth`s ecosystems. Climate mode is an important way of understanding climate variability, changes and impacts. Earth`s climate is changing and such changes tend to take place with different patterns which may be characterised by one or many modes of the climate systems (Philander, 1990). Fiji is the largest tourism destination in the south pacific but international arrivals are unstable over the last 5 years because of harmful events like political coup in Fiji in 2000, terrorist attacks in United States on 11th September 2001, the Bali attack in 2002, and severe acute respiratory syndrome outbreak in Asia in 2003. Tourism is endangered to natural hazards and disasters like earthquakes, tsunamis, flood, droughts, and cyclones. Climate change is an important characteristic in disaster management as it is likely to affect Fiji through sea level rise and storm surge, changing temperature and extreme weather events (Wilbanks, 2003). About 400,000 tourist visited Fiji in 2002 with an average length of stay of 8 days. While most visitors come for rest and relaxation linked to beach environments, current marketing campaigns aim to shift the image from pure beach promotion to a wider experience (Ministry of tourism-Fiji, 2003). The main aim of this journal paper is to analyse effects of climate change in Fiji islands and adapting and minimizing climate change by the tourist resorts. The reason for behind this is that surveys and interviews were undertaken resulting in many operators already prepared for climate related changes and adapt to potential impacts resulting in climate change. Method Tourism in Fiji is largely based on resorts therefore accommodation sector is prominent tourism sub-sector. Tourists spend most of their time at the resorts. For the above reasons it was appropriate to focus on this analysis of accommodation. Effects of climate change on tourism in Fiji Tourism operators are familiar with ecological factors like strong reefs and plain water crucial for tourism in Fiji. Operators were conscious of the climate change associated impacts like cyclones, the thrashing of coral reefs and flooding. Polluted water was related to mounting water temperature and climate change. Increasing sea levels were mentioned by three businesses, two of which lie in low lying Mamanuca Islands. Generally accommodation business had experienced at least one of the climate related impact. The most common impacts were erosion, water availability, and interruption of electricity. Many resorts were affected by cyclones resulting in coral bleaching and property harm (Short, 2004). Climate related impacts previously experienced Frequency out of 25 Comments by respondents Shore line/beach erosion 9 Banks on edge property/beach give way Reduced water availability 9 In recent droughts Interrupted supply chain 8 Power cuts Coral bleaching 8 Noticed by tourists, snorkelling affected Damage to property 5 From sea surge Sea level rise 3 Storm frequency and intensity 3 Maintenance of gardens (Short, 2004). Eight businesses said that they were not affected by any of the factors listed. There are five areas located in the Mamanuca Islands, which are relatively exposed to climate change due to the risk of cyclones, sea level rise, poor water quality, disappearing corals, and inadequate water availability. There is need of understanding of climate change problems and the managers do not share the problems faced by climate change (Short, 2004). Tourist accommodation uses large variety of energy resources with electrical energy created from hydropower or diesel generator being most important for energy use. Petrol and diesel is use for business vehicles and other purposes. Also liquefied petroleum gas is used by most businesses mostly for cooking, hot water and in laundry. Energy utilization and greenhouse gas emissions differ broadly for diverse businesses. The standard of accommodation and geographical location are the two factors that have major influence on energy consumption and carbon-dioxide emissions (Becken, 2002). Tourist accommodation in the Mamanuca Islands is around 2-3 times as  carbon-intensive as that in  Viti  Levu. The key cause for this is in electricity generation, which is to a great extent less  carbon-intensive in  Viti  Levu. Because of the high quantity of renewable energy sources (hydro and bagasse) compared with diesel production on islands with its natural inadequacy (about 65-70% of e nergy input is lost during the process of generation). Resorts on remote islands run more or less self-sufficiently, and hence have supplementary energy needs (e.g., sewage treatment, freezing rubbish). Transport energy utilization is also high given that not only do tourists have to be transported to and from the resort, but so also do food supplies, energy (diesel and gas), water and other devices required for operating the resort (Becken, 2002). The rough feasible estimate is obtained of energy use and carbon monoxide emissions related with tourism for the Fiji. The total number of visitor nights spent in Fiji was 2,891,295 in 2002 (Department of energy, 2003). 82% of visitor-nights were spent in hotels, 13% in backpacker/budget accommodation, and the remaining nights were being spent in motels, on boats or in other forms of commercial and non-commercial accommodation. Total energy used due to tourist accommodation was calculated at 1,078,373,475 MJ per annum which is equivalent to national energy use of 6.5%. in terms of carbon monoxide the accommodation industry emits 68,219 tonnes per annum.( Department of energy, 2003) Tourism in Fiji is extremely exposed to climate change related hazards such as cyclones, flooding and storms, sea level rise, erosion, transport and communication interruption, and momentarily less water availability. Another most important apprehension for the tourism industry is the deprivation of natural systems, such as coral reefs and forest ecosystems, further exasperated by climate change. Tourism businesses in common are affected in the form of physical damage from a  cyclone  or storm surge, erosion, and coral bleaching. In spite of the high risk linked with tourist facilities built on the waterfront, most new developments spotlight on coastal areas. Mangroves are been cut down in large scale who in turn acts like a protection against climate related changes (Jones, 2003). Tourist accommodation providers adapt to climatic conditions that may affect their business, and in doing so they are also prepared for impacts that may result from a changing climate. Typically, operators focus on relatively concrete and foreseeable high-risk impacts, such as cyclones and storm surges, for example by  cyclone-proofing their structures and erecting seawalls. A number of accommodation providers have insurance cover against cyclones and storm surges. Generally, it seems that the risk of accumulative impacts or more abstract impacts are less recognised and addressed. Pollution control, sewage treatment, and water management are examples of this. The vulnerability to extreme climate-related events can be reduced when climate change adaptation is integrated in the development process from the earliest stages (Jones, 2003). The exact location of the development and design such as building material, orientation, structures and landscaping helps in reducing the vulnerability. There is a opportunity to change tourism development in at destinations less vulnerable to climate change, with current attempts to diversifying Fiji`s tourism product in relation to ecotourism. New and unique tourism products can be developed in Fiji on high land areas using Japanese concept of shakkei (borrowed landscape), where hotel layout, garden landscaping and scenery are mixed together into an overall experience of ecosystem that is different from the typical beachfront (Ayala, 1995). A number of greenhouse gas moderation procedures are in place such as adapting generator sizes, switching off lights, energy efficient light bulbs and solar hot water. There is a huge potential for solar energy and wind-generated power especially on the Coral Coast, the Mamanuca Islands, and Sonasavu, these technologies are taken up slowly, inhibited by lack of knowledge, capital, capacity and government incentives. Often, the energy demand of a single tourist resort is too small to justify investment in a wind turbine. The policy focus and interests of resort operators in Fiji are development-driven, although there is a strong recognition of the concept of sustainable development. Climate change is mainly seen from the perspective of tourisms vulnerability and adaptation. Mitigation seems to be less pressing, although in the medium term increasing greenhouse gas emissions (e.g., as a result of increasing tourist arrivals) could undermine Fijis credibility in international negotiatio ns on climate change. The above order of Government and industry priorities has to be recognised when trying to implement any climate-change-related measures (Ayala, 1995). Climate change can be mixed with sustainable development by identifying key problems and then linking those to climate change. In the case of Fiji tourism these major local problems are land use issues, old stock accommodation, lack of new capital and investment, limited air capacity, dependence on air travel, economic leakage, lack of unique selling point, environment degradation and political instability (Narayan, 2000). Environmental problems like pollution, deforestation and excessive use of resources are to be considered. Potential issues in addition to these problems are more likely to be funded by donor agencies, stakeholders and industry members (Hay et al., 2003). Recognizing co-benefits of climate change policies is as important as its effect, for example, heavy use of air conditioning leads to increase in greenhouse gas emissions or the relocation of sand adds to local environmental impacts. Future work would need to take into account technological and economic aspects, as well as the expected amount of reduced or increased greenhouse gas emissions (Dang et al., 2003). Energy is a major cost driver for the operation of a tourism accommodation business, especially when energy is derived from fossil fuels either for transport or electricity generation. The operation of diesel generators is costly, because of inefficiencies, transportation costs (diesel shipment), maintenance, and salaries for powerhouse staff. Thus, managers have an economic interest in keeping electricity consumption low. The crux with diesel generators, however, is that once a generator is purchased, the optimum range of electricity generation is determined at about 80% of the maximum performance. Mini hydropower schemes are less relevant for coastal resorts, but could be an option for tourism ventures operated in inland communities (referred to as ecotourism operators by the Fiji Ministry of Tourism and Visitor Bureau). The capital costs are very high, however, and consequently the uptake is minimal. The Department of Energy currently assesses potential sites for mini hydropower s chemes, and it is also exploring potential for geothermal electricity generation on Vanua Levu, the second largest island of Fiji. Wind energy is not widely used in Fiji, but the Coral Coast, Mamanuca Islands, and Sonasavu are promising locations for wind-powered generation. Wind energy systems are available at different scales, ranging from small 1-kW ones to 100-700  kW schemes (medium scale), or even larger ones (UNEP, 2003). Tourist resorts would need small- to medium-scale wind systems if they want to meet their whole electricity demand by wind power. Small islands are unlikely to erect wind turbines because of lack of space and noise pollution. Resorts on larger areas are in a better position to pursue wind energy. No renewable energy sources are currently seriously discussed for transport, although one resort looked into wind-driven boats, and there are explorations into replacing fossil fuel with bio-fuel, for example derived from  coconut  (copra) oil (Sopac, 2004). Steps to minimize the effect of climate change in Fiji Reforestation is the most important means of reducing climate change. Trees minimizes vulnerable nature of cyclones, improve microclimate and enhances landscapes which are used in tourism activities. Trees reduce carbon content in the air and are useful in adaptive measures like erosion control and watershed management. Forest protection and plantation should be done under adaption policies. Developing small scale technologies for wind and solar energy on the remote island would help reduce the dependency on imported fossil fuel and economic leakage (Dang et al., 2003). Adaptation Impact on mitigation Impact on environment Tree plantation Reduces net CO2 emissions through carbon sinks Benefits biodiversity, water management, soils Water conservation Reduces energy costs for supplying water Positive in areas where water is limited Renewable natural resources Reduces CO2 emissions Overall, less polluting than fossil fuels Natural building materials Small carbon footprint for locally produced materials Depends on sustainability of plantations Reducing water pollution Increased energy used for sewage treatment Positive for coral reefs and marine life Marine protection Neutral Positive for marine biodiversity Rain water collection Saves transport energy for supplying water Possibly interrupts the natural water cycle Guest education Neutral Increases awareness Setting back structures Neutral Positive when structures built away from beachfront Diversifying markets Positive if markets are eco-efficient Depends on environmental impacts of new markets Weather proofing tourist activities Depends on the type of activities Depends on the type of activities Water desalinisation High energy costs Takes pressure off freshwater resources Increasing beach conditioning Increases CO2 emissions Air pollution in case of diesel generation Beach nourishment Energy use for mining and transportation Disturbs eco systems Reducing beach erosion with sea walls Neutral Disturbs natural currents and cause erosion (Dang et al., 2003). There is no common strategy to address interactions between climate change and tourism in Fiji, nor is there a sector-wide industry association that could promote any climate-change-related initiatives. However, there are isolated examples among industry members that reveal a high understanding and advanced use of technology and management to address climatically unfavourable conditions. Those operators are also best prepared for increased risks resulting from climate change. Also, a number of operators engage in wider environmental management, energy conservation, and therefore climate change mitigation, although the greenhouse gas emission aspect is rarely the reason for the mitigating measures undertaken Overall, there is a need for tourism-specific information on what climate change is, how it will affect tourism, and what operators could do to adapt and mitigate. In the medium term it would also be important to include climate change in the curricula of tertiary education for students in the field of tourism, resource management engineering and architecture. Since the scope and costs for many adaptation and mitigation measures are largely determined by the design of tourist facilities, the incorporation of these aspects into architectural courses is particularly important. Alongside information and education initiatives, the Government could assist businesses in undertaking energy audits, facilitating the implementation of Environmental Management Systems (e.g., Green Globe 21), and providing incentives, for example for the uptake of renewable energy sources. Climate change could form part of a wider risk management plan for tourism. Such an initiative is currently being discussed between the Ministry of Tourism and the Disaster Management Office. A two-level approach could be possible, where guidelines are provided for tourism operators to develop their own risk or disaster management plan at the business level, while Government covers wider issues beyond individual businesses, such as tourism infrastructure and larger evacuation plans. The current attempt by the Fiji Visitor Bureau to diversify the product could be seen as part of national-level risk management, as they attempt to spread risk across different markets (e.g., event tourism, sport tourism, nature tourism) and seasons. Fewer initiatives exist to weather-proof tourism, as suggested for tourism in Phuket, Thailand (Raksakulthai, 2003). Another important step towards implementing a nation-wide risk management strategy for tourism and climate change would be the mapping of all tourism infrastructure, as well as the risk of various hazards in different locations. The Department of Environment in their climate change policy or the Ministry of Tourism in their risk management plan are best advised to pursue measures that offer win-win situations, namely for adaptation, mitigation, wider environmental management and development. Examples of such measures are reforestation, water conservation, and the use of renewable energy sources. It is recommended that the synergies between adaptation, mitigation, and sustainable development be explored further and that the effects be quantified where possible; i.e., how much  carbon  can be saved as a result of a particular measure and what costs are involved. This is even more important given the lack of resources in Fiji, which requires maximising benefits from any implemented measure (Dang et al., 2003). Reducing the consumption of hot water for laundry and showers and reducing the water temperature are saving measures. Other energy use reductions measures in accommodation are lighting, including energy efficient light bulbs, sensor lighting in the garden, solar panel lights, and room keys used to operate lights inside the room. Although energy efficient bulbs are good option they are expensive and do not last long because of the fluctuating supply of power from generators. In the smaller islands the energy costs of shipping are higher, so the managers tend to increase the ship load with passengers on board with food, waste or water. One way of saving fuel is to minimize shipping trips. The increase in global mean temperature to 2 degrees above pre-industrial levels is necessary to keep the risk of dangerous climate change at an acceptable level and to limit climate impacts. Temperatures increase certain level of atmospheric concentration. The results indicate that in order to have a good chance of limiting global average temperature in the long run to 2 degrees atmospheric concentration of all greenhouse gases needs to be stabilised. Intergovernmental policy on climate change i.e. IPCC indicates that keeping concentration in the range of 445-490 ppm requires global emissions to peak by 2015, and to fall by between 50-85% by 2050. Current trends would result in much higher concentrations and high risks of catastrophic climate change. The clean development mechanism means to make compliance with easier target commitments , the Kyoto Protocol allows using offset credits from emissions reduction projects in developing countries, under the Clean Development Mechanism (CDM). Governments can propose and implement emissions reductions on a project-by-project basis under CDM. The resulting credits are bought by governments that are under emissions reduction obligations. Large projects categories are renewable energy mainly using hydropower instead of fossil fuels, reduction of methane emissions from landfills and coal mines, emissions from cement production, and destruction of potent industrial gases. There were over three thousand CDM projects underway in may 2008, which, is implemented and approved, would yield expected emissions reductions of 2.5 billion tons of carbon dioxide. The Asian Pacific region accounts for 80 per cent of the CDM credits that expected to be generated. The World Bank cites supply estimates of 1 .4 to 2.2 billion credits by 2012 Conclusions and recommendations Global concern over climate change impacts and risks has increased greatly in recent times, and climate change is recognised not only an environmental challenge but also an economic challenge. The Pacific region is home to the fast growing, large economies in the world and the dominant source of growth in greenhouse gas emissions. To limit and reduce emissions action is required in developing countries. There is large number of opportunities to reduce emissions but most of these are expensive and cannot be implemented unless policy settings change. More ambitious policies will be needed to turn emission trends around in developing and developed countries. The international dynamics are of the mutually reinforcing type: one country`s action depends on other countries doing their bit. The more countries commit to significant policies, the easier it will become to draw others in. In contrast, if some countries refuse to take part in collective action, others will also refuse to do so. A n effective response to global climate change will need to involve bilateral deal or multilateral agreement. Large and medium sized economies will need to be a part of it. For an agreement to succeed, the door must be kept wide open for developing countries to engage fully in policies, with the support of high income countries. Climate change analysts predict that within the coming decades, sea level will rise gradually. So the affecting nation might have begun identifying the effects of climate change on tourism activities and overall people living in that region. Small islands are at risk to adapt to the adverse affects of climate change because of high costs as well as benefits. Not only just people but unique human cultures are also at high risk. Migration is another option for local people but again the cost factor is crucial, as most of these people are illiterate and unemployed. They will have to relocate unwillingly. Survival is the main concern in this case. It is also highly impossible for any recipient nation to grant asylum to an entire country. The larger impact of climate change will challenge the capacity of the country. The secondary impacts will be water scarcity, food security, health services, land scarcity. At some point many land areas will become incapable of sustaining life and people will be forced to migrate.

Independent Study Project :: essays research papers

Comparative Study of Murder Mysteries; Agatha Christie and Sheila Radley   Ã‚  Ã‚  Ã‚  Ã‚  The novels Death of a Maiden and Appointment with Death, written by Sheila Radley and Agatha Christie, are murder mysteries describing a betrayal of trust. While both are similar in this way, it is the differences between the two novels that make the similarities remarkable. By comparing the victims, the killers, and the investigators, the differences in the novels are revealed.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The victims in the novels, Mary Gadge and Mrs. Boynton, were murdered in very different ways. Mary Gedge was drowned in Ashthorpe river in her home town of Godbold;   Ã‚  Ã‚  Ã‚  Ã‚  The girl lay face-down, arms outstretched, rushes woven among her fingers. She wore a long dress of cotton, sprigged with tiny flowers, and the hem of the dress swung and rippled round her legs with the motion of the water. Gathered flowers--enamelled buttercups, mauve lady’s smock--floated about her body and clung to her hair and her dress wherever they touched. It looked a quiet way to die. (pg 6 Radley) Mrs. Boynton on the other hand, died a quiet and unexplainable death. Miss. Gedge was a young woman in the prime of her life loved by everyone, while Mrs. Boynton was a grouchy old shrew whom even her family couldn’t stand. It was because of the differences between the victims that the police inspector’s investigations were completely different. In the case of Miss. Gedge inspectors Tait and Quantrill could not find any substantial evidence pointing towards a motive. Tait compared the fate of the Page #2 young woman to that of Shakespeares’s Ophelia. Ophelia committed suicide in the play Hamlet reflecting the inspectors original view of Mary Gedge’s death. In the case of Mrs. Boynton, on the other hand inspector Poirot had numerous suspects with convincing motives.   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The motives of the killers, were a lot alike. In some ways they can be both viewed as mercy killings. Miss. Gedge was killed by Jean Bloomfield who used to be Mary’s teacher. Jean killed Mary because she saw a lot of herself in Mary, and didn’t want to see Mary travel the same downward path that she did in her later years. Mrs. Boynton was put out of her misery by Lady Westholme, because of the suffering she imposed on herself and them. Mrs. Bloomfield didn’t have a reasonable motive, where as in the killing of Mrs. Boynton I can understand. She was described as a mean over powering lady who forced the lives of her children to revolve around her, â€Å"The old woman’s mouth widened into a malicious smile as she looked at Raymond.

Advertisement, Good or Not Essay

Advertisement is news or a message that is made for persuade or influenced people to be interested in the product or service that a company offers. It means that every ad must be persuasive. There are many kinds of ads; based on its nature of advertisement, it is divide into Commerce ads and Non-commerce ads. Commerce ads made for influencing people in order to have, buy and use the product that has been advertised. On the other hand non-commerce ads made to get people’s attention so they will be sympathetic or give a support to the ads. In the daily life people often see an advertisement; in television, in news paper, in internet, in radio and at the road, posted on billboard. The advertisement will influence people’s behavior and physicology, because people’s culture and life style are based on what they have seen and feel then they will implement it in their daily life. In this case, modern people’s life will be influenced by the information that they get in their daily life. By watching and hearing an advertisement, people will get two sides of effect, they are disavantages and advantages. The effect that people get is based on how people respond to the advertisement, and if people dont want to get the disadvantageous side of advertisement, they have to know how to respond to it. The main function of the ads is to promote a product in order to look more interesting and able to get consumer’s attention. There are many ways that company do to get the consumer’s attention through an ads, like in a humorous , strange , controversial way, etc. However many ads do not only want to promote their products but also want to give some moral message to people so that it can useful to people’s life. For example, cigarette advertising â€Å"Gudang Garam†. It show that a scholar who is able to be a motorist taxi only. He is constantly humiliated by the other motorcycle taxi riders because of his bachelor’s degree. His unfortunate fate changes when his only one motorcycyle is stolen. He feels regretful and curses his bad luck. But, because that accident, he has an idea to make an alarm for motorcycle and after that he become a succesful entrepreneur. The moral message that we get is â€Å"Never give up on situation, make a mockery as our motivation, and believe that there must be a good lesson in every difficulty. Another function of ads is to educate people. How could an ads educate people? That’s because every has a story that could be a lesson to people in their life. For example, Tea advertising â€Å"sariwangi †. It tells story about the wife who wants to ask her husband to repair their roof, but she doesn’t want to disturb her husband. Finally she asks her husband softly and she also gives her husband a cup of warm tea in order to warm up the situation. The message conveyed in this ad is â€Å"a wife should know her husband the condition before asking something so that their family will always be harmonious. From both ads, we can see that there are no factors that could ruin children’s moral or the factor that could influence people to do something bad. On the other hand, both ads contain a lot of factors of entertainment and education, and they also give a lot of useful moral message to people’s life. There are some ads that advertise product excessively. That ads can manipulate public taste and public minds. For example, body lotion advertisement. In that ads, the price of the product is not stated clearly. In fact it is only showing the beauty of its white model’s body that shows women will look more beautiful if they have flawless white skin after using this product. Its tagline also influences people to buy something useless and force them to think that such a product is a primary need. The woman who feel pretty with her brown skin, now they feel ugly because they don’t flawless white skin. If the women still cannot get what the color of skin that they want, they will buy the product again and again untill they feel they have the best color of skin thinking about the effect. This ads shows that a bad ads can make someone consumptive and imitate the action from the ads. An ads doesn’t have to be erased or eliminated from human live. As people who consume an ads in almost every activity, people have an obligation to choose and sort some ads which are good or not for themselves, think rationally to every sugesstion from the ads and improve the intrepretation of the ads in which every action in the ads is not always the sama as the real life. In short, any ads showed by some companies can be concluded as a bad ads or good ads based on how to responed to it. The ads can be good to someone but may not to others. Therefore, people have to respond to it wisely. People have to assume that an ads is just a media to promote a product and there is not a ‘MUST’ buy the product. People cannot only the good ads but also can refuse the bad ones.

Smc V Akhter Essays

Smc V Akhter Essays Smc V Akhter Essay Smc V Akhter Essay SMC Electronics Limited v. Akhter Computers Limited Others Court of Appeal (Civil Division) Lord Justice Henry Lord Justice Latham and Sir Murray Stuart-Smith Lord Justice Henry: Introduction 1 The Claimant, SMC Electronics Ltd, (SMC), and the Defendants (all part of the Akhter Group of companies (Akhter)), both sell power supply units (PSUs). PSUs are printed circuit boards with capacitors and other components soldered on to them. This is Akhters appeal from the decision of HHJ Green dated 31st March 1999, sitting in the Central London County Court, allowing SMCs claim and declaring that SMC was entitled to 50% of the profits that Akhter had made on sales of certain PSUs to Pitney Bowes Plc (Pitney Bowes). This entitlement is said to arise under a commission agreement made on 26th July 1993, under which Akhter promised to share their profits with SMC, in consideration for the introduction to a major new customer for PSUs, Pitney Bowes. This is a case about the authority of the third party to these proceedings, David Bennett, to enter that commission agreement on behalf of Akhter, his employers, who now seek to avoid having to pay any commission by challenging his authority to make the contract. The background facts 3 In July 1993, David Bennett was employed by Skynet, a division of Akhter, as Director PSU Sales. In fact, he was not a director of any company in the Akhter Group. He worked from a small sales office in Basingstoke with two other people, his assistant, Andy Wall, and a secretary. David Bennetts primary duty was to promote sales and he was paid large commissions when he was successful. The judge found that he was given a very high degree of autonomy. He even had the habit, known to and permitted by his employers, of writing on Skynet notepaper and describing himself as director. This Skynet notepaper, in breach of s. 351 of the Companies Act 1985, omitted to contain the registered name, company number and address of Akhter, leaving the reader no indication as to whom David Bennett might answer. In July 1993, Pitney Bowes, a large UK manufacturer, was interested in buying large quantities of PSUs and approached, among others, SMC in order to get a quote. SMC thought the job was too big for them, and so Merhzad Koranki of SMC approached David Bennett to suggest that Skynet quote for the business. Merhzad Koranki suggested that, if Skynets tender was successful, it should share the profits of the Pitney Bowes deal equally with SMC under a commission agreement, in return for the introduction. Having checked with Andy Wall that Skynet did not already know about the invitation to quote, David Bennett agreed with the proposal. At a meeting with SMC, David Bennett brought with him a letter containing draft terms of contract. After some negotiations, Merhzad Koranki then handed him the contract document, addressed to David Bennett at Skynet. This became the commission agreement. It provided: Dear Dave, (1) Further to our telephone conversation this morning, I would like to confirm what we discussed and agreed with regard to customer projects. 2) SMC Electronics Ltd will do its utmost to sell and distribute Skynet products as part of our range, however on the occasions where we would have to pass on the project to Skynet Electronics, we agree to do so based on our agreement that the total profit will be shared equally (50% SMC Electronics, 50% Skynet Electronics) (3) This will not only apply to the current project, but any future projects and orders generated from the customer identified. 4) We anticipate a lifetime of customer designs to be in the region of five years plus, therefore any agreements made would have to cover at least the running period as well as the lifetime of the products. (5) Could you please make a record of the following customer for which the project is passed on to yourselves in order to complete for the order. (6) Of course, SMC Electronics will work along with you to help with the housekeeping with regard to costing. Mr P J Dewey Pitney Bowes 5 After a lengthy process of development, Pitney Bowes awarded the project to Skynet and the Akhter Group now supply Pitney Bowes with a large quantity of PSUs. The questions on appeal 6 There were four questions on this appeal: (1) What was David Bennetts actual authority under his contract of employment with Akhter, and did it give him express authority to enter the commission agreement, or, on the other hand, was he expressly prohibited from entering the commission agreement? (2) Did David Bennett have the implied authority, under his contract of employment, to enter the commission agreement? (3) If David Bennett did not have actual authority, express or implied, did he have ostensible authority to enter into the commission agreement? 4) Finally, if Akhter are liable to SMC, on which projects is SMC entitled to a share of the profits, on a proper construction of the commission agreement? Actual authority the terms of David Bennetts contract of employment 7 The judge found that David Bennett had no actual authority to make the commission agreement, saying there was simply no evidence of actual authority. I am unable to agree with th is, having regard to the express terms of David Bennetts contract of employment. Clause 3 of David Bennetts Terms of Employment with the Akhter Group (Holdings) Plc provided: Job Title: Director PSU Sales You must perform such duties as may be reasonably associated with your job title 8 That clause therefore delimited the scope of duties that were within David Bennetts express authority. However, in order to try and establish an express prohibition on entering commission agreements, Mr Norris relied on a document entitled Akhter Group Purchase of Goods and Services, said to be incorporated into David Bennetts contract of employment. That document stated, at clause 3: Purchase Requisition. A purchase requisition is required for any item not normally held in stock or for any Service of Capital equipment required by the company. .. Purchase requisitions for capital items and services must be signed by the Managing Director. 9 Mr Norris submitted that the commission agreement was in truth a purchase of information, that Skynet were buying the introduction from SMC, and that therefore, if it was to be authorised, a purchase requisition was required to be signed by the Managing Director, Mr Mughal. 10 Reading the provisions of his employment contract together, David Bennett had the express authority to perform duties reasonably associated with being Director PSU Sales, but was not allowed to make purchase requisitions without the signature of Mr Mughal. In my judgment, the commission agreement was clearly a deal made in the discharge of the duties reasonably associated with being Director PSU Sales. It is ingenious, but highly artificial and quite unreal, to classify the commission agreement as a purchase requisition for capital items and services and I reject Mr Norris submission to that effect. 11 The purpose of David Bennett in entering into the commission agreement was to make more sales for Akhter ( 50% of something is better than 100% of nothing. ). The commission agreement was reasonably associated with that purpose. Therefore, in my opinion, the proper and clear construction of the employment contract is that David Bennett had the actual authority of his employers to enter the commission agreement, and accordingly his employers, Akhter, are bound by it. Even if clause 3 of the Terms of Employment were to be considered ambiguous, which I think it is not, the act of entering the commission agreement, if done in good faith by David Bennett, and if justified by any possible construction, would be authorised by the ambiguous clause (see Bowstead Reynolds on Agency, 16th Ed. , 1996, Article 26). 2 The finding that David Bennett had express authority is enough to dismiss the appeal on liability. Nonetheless, in deference to the careful arguments of counsel, I continue to consider briefly implied authority and ostensible authority, both of which would also merit the dismissal of this appeal. Implied authority to enter the commission agreement 13 Mr Norris, submitted that, the contract being otherwise c omplete, the court can only imply a term on the basis of the well-known tests laid down in The Moorcock (1889) 14 PD 64 and Liverpool CC v Irwin [1977] AC 235. Furthermore, he says that the term to be implied is not capable of precise formulation, which militates against any implication. 14 Implied actual authority of agents is dealt with in Bowstead Reynolds on Agency, 16th Ed. , 1996, Articles 27-32. Articles 27 and 30 set out the test for implication in this context, and also provide the answer to Mr Norris argument that the implied term cannot be formulated with reasonable precision, by doing just that: Article 27 provides: An agent has implied authority to do whatever is necessary for, or ordinarily incidental to, the effective execution of his express authority in the usual way. Article 30 provides: An agent who is authorised to do any act in the course of his trade, profession or business as an agent has implied authority to do whatever is normally incidental, in the ordinary course of such trade, profession or business, to the execution of his express authority, but not to do anything which is unusual in such trade, profession or b usiness, or which is neither necessary for nor incidental to the execution of his express authority. 15 So the implied authority arises from the nature of the general occupation of David Bennett. Indeed, there is a striking similarity between the implied terms as formulated by Bowstead Reynolds and the express term contained in Clause 3 of David Bennetts Terms of Employment with Akhter, which supports my opinion that David Bennett had express actual authority to enter the commission agreement. 16 In finding that David Bennett had implied authority to make the commission agreement, the judge correctly relied on several matters, which all show that the making of the commission agreement was ordinarily incidental to David Bennetts activities. The judge found support in the facts that David Bennett was allowed to the use the grandiloquent title Director PSU Sales and was allowed to describe himself as simply director. He further relied on the facts that David Bennett took an important part in making the annual budget estimate for Skynet and that Pat Swabey, an employee of Skynet, said that if anyone asked her who Skynet was she would have said David Bennett. The judge added, with some hesitation, that the use of Skynet notepaper, which infringed s. 51 of the Companies Act 1985, led SMC to believe that there was no-one more senior than David Bennett at Skynet. 17 Two further factors were relied on heavily by SMC to establish David Bennetts implied authority, first, the fact that denial of his authority was not the first reaction of Mr Mughal, David Bennetts employer, and secondly, that David Bennett had previously negotiated an allegedly similar deal with Lion Cabinets, the so-called Lion deal. They both support a finding o f either express or implied authority. 8 When SMC first approached David Bennett for their share of the profits, they were told there were no profits yet and thereafter SMC were met with a prolonged campaign of evasion, misleading and procrastination. At a meeting on 26th July 1996 and subsequently, Mr Mughal, managing director and major shareholder of Akhter, failed to make the objection that David Bennett lacked the authority to enter the commission agreement, instead relying on previous business that had been done with Pitney Bowes to try and show that the introduction had not been of any value. Mr Mughal then offered ? 5,000 to ? 0,000, because David Bennett was my employee. I agree with the judge that this was travelling a long way from a mere denial of authority and that Mr Mughals failure to challenge David Bennetts authority, when he first learned of the claim, is indicative of the latters implied authority. I do not think, as Mr Norris suggests, that Mr Mughal would have be en deterred from raising an objection by any assertion of David Bennett, who sought to renege on the deal, that the commission agreement was not a real agreement. 19 In the Lion deal, Lion Cabinets had been buying PSUs from Skynet, who sourced them from Skynet Taiwan. David Bennett arranged for Skynet Taiwan to sell directly to Lion Cabinets, with Skynet receiving 4% of Skynet Taiwans turnover on these sales. David Bennett thus cut out the problems for the intermediary, Skynet. While Mr Norris is correct that the Lion deal was different from the commission agreement, being a rearrangement of an existing sales contract, rather than a new contract granting commission to an introducer, I agree with the judge that it shows the wide degree of authority and responsibility which David Bennett was given. 0 Therefore, I agree that the commission agreement was normally incidental to the execution by David Bennett of his duties as Director PSU Sales. This is the same as saying that it was reasonably associated with his duties, under the express authority given to him. One way or another, David Bennett was employed to promote sales, and if this necessitated offering commission to an introducer or fixer in return for a lucrative contract, then that was a step that David Bennett was authorised to take. As indicated above, I do not find that the implied term is incapable of precise formulation. The term has been formulated expressly in Clause 3 of David Bennetts Terms of Employment, and is formulated with reasonable precision in the Articles from Bowstead Reynolds quoted above. A certain spectrum of authorised acts must always be inevitable in such cases as this anyway, and so I do not think that the courts should strive to find unrealistic precision in such implied terms. It is not necessary to ask whether David Bennett had the authority to enter the exact terms of this commission agreement, which with hindsight may seem foolhardy, but whether he had the authority to enter commission agreements generally, in the furtherance of his duty to promote sales. The answer is plainly yes. Did David Bennett have ostensible authority? 21 As the judge did, I have considered the ground of ostensible authority, even though it is not necessary to dispose of the appeal. 2 The judge correctly explained that ostensible authority is a form of estoppel by implied representation (see Freeman Lockyer v Buckhurst Park Properties (Mangal) Limited [1964] 2 QB 480 per Pearson LJ at 498 and per Diplock LJ at 503). The judge relied on five representations. He repeated that David Bennett was described as both Director PSU Sales and simply director, and again relied on the fact that his name and number were on all Skynet adverts, that he was known to be in charge of the Skynet sa les office and, again hesitatingly, that he was allowed to write on Skynet paper without the information required by s. 51 23 I do not agree that the judge was wrong to find that David Bennett could also have had ostensible authority. In the absence of full argument, it is not appropriate for me to elaborate on the precision required to find an implied representation amounting to an estoppel, in order to give rise to a finding of ostensible authority. I do not gain assistance from the fact that SMC initially issued against David Bennett personally, which, so Mr Norris says, shows that SMC were aware of his lack of authority to enter into the commission agreement and therefore shows that SMC cannot have relied on any representation to the contrary. Issuing against David Bennett personally was merely an attempt by SMC to flush out the true defendant and principal to the commission agreement, upon which David Bennett was being sued. Had SMC sued David Bennett for breach of warranty of authority, then it would be arguable that they had always doubted his authority, but they did not, instead basing their claim on the very commission agreement that they sought to enforce. The extent of SMCs entitlement to an account of profits 24 The judge ordered that the account extended to cover he B900 project and any other projects in which P Dewey of Pitney Bowes has ordered goods from them. This question of the construction of the contract determines whether SMC can recover for other projects in addition to the B900 PSU, which Akhter supply to Pitney Bowes. 25 Mr Norris says that the only project falling within the terms of the commission agreement, if they are liable thereunder, was the B900 project, and the account of profits should be lim ited accordingly, and I agree. 6 In my opinion, construing the agreement as a whole, it is necessary to read the words of paragraphs 2 and 3 of the commission agreement together. Paragraph 2 envisages the occasions where SMC would have to pass on the project to Skynet. Paragraph 3 extends the ambit of the commission agreement, saying this will not only apply to the current project, but any future projects and orders generated from the customer identified. The agreement clearly means that SMC may recover commission on future projects, but only where they have agreed to pass them on to Skynet. The word this in paragraph 3, refers to the occasions where an introduction has been made and a project passed on. The agreement does not mean that SMC can recover commission on any project which Skynet subsequently negotiate directly with Pitney Bowes or even Peter Dewey at Pitney Bowes, and which is not passed on by SMC. That would be an extraordinary construction, given the previous dealings that Akhter had already had with Pitney Bowes, and given that it would appear to make SMC money indefinitely, on deals to which they had contributed nothing. 7 Therefore, I would vary the terms of the judges order to hold that SMC are entitled to an account by Akhter of all profits on the B900 project and any other projects with Peter Dewey of Pitney Bowes which SMC have passed on to Akhter, and that Akhter should make disclosure accordingly. There is evidence that Akhter supply Pitney Bowes with a project code-named F350, but there is no evidence that SMC introduced this or any other Pitney B owes project to Akhter, and so the effect of this judgment will be, we are told, to limit SMC to a share in the profits of the B900 project. David Bennett appearing as third party 8 David Bennett was originally a defendant to the action brought by SMC. After his employers, Akhter, were substituted for him, they then reinstated him in the action as a third party, so that if Akhter lost this action on the basis of ostensible authority alone, they could claim an indemnity against him for exceeding his authority in breach of his contract of employment. As the decision of the judge on authority has been upheld, primarily on the ground of actual authority, David Bennett cannot be liable to either Akhter or SMC. 29 I have read the judgment of Sir Murray Stuart-Smith, and am in total agreement with it. Conclusion 0 In my judgment, the answers to the four questions in this case, are as follows: (1) there was express authority, rather than any express prohibition, given to David Bennett to en ter the commission agreement, under the terms of his contract of employment, (2) there was, in any event, implied authority for David Bennett to enter the commission agreement, (3) therefore, it is not necessary to make any finding on ostensible authority, although there seems no reason to interfere with the reasoning of the judge that, if he was wrong on actual authority, then David Bennett had ostensible authority to enter the commission agreement, (4) the commission agreement only extended to cover those projects with Peter Dewey of Pitney Bowes which SMC had introduced to Akhter, and therefore it is for SMC to show that they had assisted in passing on projects for Pitney Bowes other than the B900 PSU to Akhter. 31 For those reasons, I would dismiss the appeal. Lord Justice Latham: 32 I agree that the appeal on the first issue fails, but succeeds on the second. Like Henry LJ and Sir Murray Stuart Smith I consider that Mr Bennett had, by reason of the terms of his employment contr act, express actual authority to enter into the commission agreement. It was intended to, and did, secure a sale for his employers. As far as the scope of the commission agreement was concerned, I again agree with Henry LJ and Sir Murray Stuart Smith that the meaning contended for by Mr Norris both accords with the natural meaning of the words used, and with commercial sense. Sir Murray Stuart-Smith: 33 Two issues arise on this appeal. The first is whether Mr Bennett had actual or ostensible authority to enter into the commission agreement of 26th July 1993. The second is what was the scope of that agreement, in particular to what extent it extended to further projects. The judges order is that the claimants are entitled to an account of profits not only on the B900 project but also on any other projects in which P Dewey of Pitney Bowes plc has ordered goods from them. The judge answered the first issue in favour of the claimants holding that Mr Bennett had implied actual authority. He also answered the second issue in their favour giving a wide interpretation to the contract. I agree that the appeal on the first issue fails, but succeeds on the second. I only add a few words of my own to the judgment Henry LJ, with which I agree, because I would uphold the judgment on the first issue on somewhat different grounds from those given by the judge, and because we are differing from him on the second issue. Authority 34 Actual authority can be express or implied. The judge held that it was not express; it was implied. I am not persuaded that he was right in this. When considering the scope of the agents authority one has to look in the first place at the express terms of the contract dated 30th November 1992. Mr Norris contended that Mr Bennett was expressly forbidden from entering into a contract such as the commission agreement by virtue of the attachment to the contact of employment called Purchase of goods and services. Under the heading Purchasing Procedures it is said: A purchase order must be issued to cover any expenditure incurred by the company. 35 This was not a purchase order; it is, with respect to Mr Norris, nonsense to describe the commission agreement as the purchase of information. 36 There is to my mind one provision of the employment contract which is of critical importance. It is in these terms: Job Title: Director PSU Sales You must perform such duties as may be reasonably associated with your job title 37 So far as I can see this is the only provision in the contract which amounts to a job description or specification; it also defines the scope of Mr Bennetts authority. The simple question is whether the entry into the commission agreement was reasonably associated with his job as Director of PSU Sales. To my mind there can only be one answer to this question, namely Yes. The commission agreement was necessary to secure what promised to be an extremely lucrative sale for Skynet Electronics. A similar answer would have been given to the Lion contract. 38 Mr Norris frequently referred to Mr Bennett as a salesman; he was not so described in the contract; he is described as Director which must have a wider connotation. But even if he was described as a salesman, it seems to me that the commission agreement was reasonably associated with his duties to sell Skynet Electronics products or merchandise. 39 I consider that Mr Bennett had actual express authority which was sufficiently clear. Even if it was ambiguous, it would not avail the defendants. Article 26 of Bowstead Reynolds on Agency, 16th Edition, p116, provides at paragraph 3-106: Where the authority of an agent is conferred in such ambiguous terms, or the instructions given to him are so uncertain, as to be fairly capable of more than one construction, an act reasonably done by him in good faith which is justified by any of those constructions is deemed to have been duly authorised, though the construction adopted and acted upon by him was not that intended by the principal. 40 It is clear that Mr Bennett thought he had authority; no-one has questioned his bona-fides at the time he entered into the contact, even if his subsequent conduct app ears to have been evasive. Scope of the Commission Agreement 41 In his judgment, Henry LJ sets out the relevant parts of the agreement. The question is what does the word this at the beginning of the third paragraph refer to. Mr Norris submits that it refers to the occasions where we would have to pass on the project to Skynet Electronics, we agree to do so based on an agreement etc. 42 Mr Alliott submits that it applies only to the words we agree to do so based on an agreement etc. 43 In my judgment, Mr Norris was clearly right about this. This fits the grammar of the two paragraphs. It also accords with the factual background of the agreement, namely that the claimants were asked to tender for a contract which was beyond their capability to perform by themselves. It is obvious that such a situation might occur in the future. Moreover this construction seems to me to make commercial sense, whereas that adopted by the judge would lead to a commercially unreasonable result. If the situation recurred where the claimants were asked to tender (and the defendants were not) they might well wish to enter into a similar arrangement in future and be confident they would do so on similar terms. On the other hand, if the defendants, having given satisfaction on the B900 project, were asked by Mr Dewey to tender for some new and unrelated project, they would be in difficulty in competing with other tenderers, since their profit margin would have to be shared with the claimants. Where there are two possible alternative constructions, the Court will prefer that which makes commercial sense in preference to one which is unreasonable. Order: Appeal dismissed on issues. Going to the authority of David Bennett, but allowed on single issue on the construction of the agreement; minute of order to be agreed; technology construction court most convenient

Israels Economy essays

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Philosophy of Nursing - Essay Example But then she must first learn to walk, and so when she runs she must run with patience. (Most people dont even try to walk.) But I would also say to all young ladies who are called to any particular vocation, qualify yourself for it as a man does for his work. Dont think you can undertake it otherwise.† (Nightingale,1869) We are all equals, doing our assigned task. But, we must not only do the task, we must do it well. In doing the task well, we must in the words of Madam Florence Nightingale â€Å"qualify yourself.†Ã¢â‚¬ ¦qualify ourselves. Nursing is most truly said to be a high calling, an honourable calling. But what does the honour lie in? In working hard during your training to learn and to do all things perfectly. The honour does not lie in putting on Nursing like your uniform. Honour lies in loving perfection, consistency, and in working hard for it: in being ready to work patiently: ready to say not "How clever I am!" but "I am not yet worthy; and I will live to deserve to be called a Trained Nurse.†(Nightingale, 1873) To qualify ourselves means to be prepared spiritually by determining if you are called to render assistance; mentally for the difficulties of learning, biologically for the rigors of training; emotionally, psychologically and socially to be able to love perfection, consistency and hard work. The paradigm of nursing consists of person, environment, health, and, nursing (Stark State College Nursing, 2001). To be able to determine the role and relationships that are embodied in the concept of nursing from my perspective, it would be best to react or give my input on the other concepts of nursing. Madam Nightingale in using the term â€Å"qualify yourself† meant preparing holistically – mentally, emotionally, biologically, psychologically and socially. All these facets make a person who he is. In order for one to develop

Symposium by Plato Essay Example | Topics and Well Written Essays - 750 words

Symposium by Plato - Essay Example Diotima’s is a woman who has described the whole concept of love to Socrates, which he describes in his speech in Symposium. This book is the representation of the genesis, nature and purpose of love which was held by Socrates and later by Plato (Plato 179-185). This concept of love, which is illuminated in this book by Plato, is also the origin of his concept of Platonic Love. This paper is aimed to explicate the relationship of philosophy with love as has been explained in the speech of Socrates. It also presents the comparison among Socrates’ concept of love with others’ description for the idea of love in their speeches. The idea of love which Socrates presents completely differs and rejects the positions which were held and proposed by other individuals. The book is consists of several Greek concepts about the nature and purpose of love in the form of speeches by several general ancient Athenians including Socrates. Socrates begins his speech at the sixth pl ace and starts by being skeptic about the speech of Agathon. Socrates tells that a lady named Diotima had taught him about the real idea of love before which he had similar concepts which others contain. Socrates explicates that, according to Diotima love is not any god or any mortal entity which regulates the order of human beings or things existing in the universe. Love is neither contained with any of the divine attributes like wisdom or beauty (198A-201D). Love is a desire to attain these attributes. It is the spirit which hatches by the bonding between the resource and need. Diotima describes that love is attributed to the form of beauty. Every human being is attracted towards beauty; however, this is usually and fundamentally limited to the material world. Human tends to seek beauty in objects and in other humans by which the desire and spirit of love is developed between the object of beauty and the lover. On this material level, human individual desires to reproduce the beau ty in the physical sense which is the basis for human reproduction through the course of sex (200B-201-C). The love is the desire to have the object of beauty to posses its beauty, as has been stated in the book that, â€Å"Eros would be nothing else than love of beauty† (201A). This love of beauty in the material sense requires refinement to acquire the actual of love that is the desire for the form of beauty. According to Diotima, every object which is beautiful shares the form of beauty. Human beings lack in identifying and realizing the essence of that beauty and tend to possess the object itself which shares the form of beauty (202D-204B). However, the actual love is with the beauty as a form which is pure rather than the object which shares that form and manifest in this world. This realization occurs by the assistance of philosophy. The actual love for wisdom leads an individual to identify the difference between real, which is ideal love, and material love. The essenc e of love is to desire for the form of beauty which is the purest of all love. The desire for the pure form of beauty is the most refined desire which is the gist of love (204C-207A). By this explication of Diotima, the relationship of philosophy and love is prominently clear. A man is necessarily contained with the desire for beauty which he initially seeks in objects and other humans in this world. Objects can be possessed and kept; however, the element of beauty in other human is represented to be attained through the course of sexual reproduction. After reproducing beauty, the desire for beauty still remains in the individual which is required to be realized (207A-208B). This realization is acquired with