Wednesday, November 27, 2019

The Relationship between Landlord and Tenant within Ireland Essay Example

The Relationship between Landlord and Tenant within Ireland Essay Example The Relationship between Landlord and Tenant within Ireland Essay The Relationship between Landlord and Tenant within Ireland Essay In this essay, I shall discuss the nature of the Landlord and Tenant relationship in Ireland. I will examine the aspects of a Lease from both sides of the relationship and cover the rights of the landlord and tenant under the relevant legislation. In my final chapter I will evaluate how the personal relationship between the landlord and tenant has evolved thought out time with the passing of legislation. Leases have always been a popular way to regulate the relationship between a landlord and tenant over the rights of land. Whether it be families looking for a long term stay or tudents searching for accommodation for nine months of the year. Leases are landholding arrangements in which the tenant receives a proprietary interest in the property and the exclusive possession of itl . Should the tenant have his rights infringed by the landlord, the tenant may seek court assistance to assist his rights under the lease, or since the creation of the PRTB2, which was established by the Residential Tenancies Act3, alternate dispute resolution is available. The development of leases derives from the Landlord and Tenant Law Amendment (Ireland) Act 1860 which is commonly known as Deasys Act, which will be discussed t a later stage, where it was established that the relationship between a landlord and tenant was one based on a contract. Identification of a Lease A lease is a legal agreement that results in a tenant receiving a right to exclusively possess land and a proprietary interest on it4. Leases have a variety of different legal protection under relevant statutes for both landlord and tenant so it is important not to confuse a lease with another type of legal arrangement such as a licence. It is important to distinguish the two separate concepts. A licence may be terminated without notice, without cause and also unilaterally. A lease on the other hand needs to be terminated by Deasys Act or legislation that has followed, such as breach of condition or anti-social behaviour. An interesting and famous case on this issue is that of Irish Shell BP Ltd v Coste1105. This case involved a conflict over the existence of a landlord and tenant relationship or a mere licence. There was a contract, involving land occupation, paid on a periodic basis which allowed the alleged tenant to occupy the land. It was a complex case but the court held that no matter what the document passed between the two parties called their relationship, it was only what appened in reality that mattered. The petrol company argued that it was a licence and the defendant a lease. By the decision the Irish Courts indicated they would remain in favour of the practical relationship presented before them rather than the relationship detailed in the contract. The Irish Courts prefer to make their decisions based on four headings6: 1 . Construction of the agreement 2. Intension ot the parties as interred trom their words and actions 3. Exclusive possession on the part of the tenant 4. The payment of rent Construction of the Agreement As a result of the courts commitment to perusing the true nature of the relationship between the parties, the decision as to whether or not a lease exists will essentially be a matter of construction and a court is empowered to treat that which is called a licence as a lease where appropriate7 . Therefore while the parties will place a label upon their relationship, be it a lease of a licence, it will not automatically result in the court finding that said relationship is in fact a lease or a licence. The placing of the label on the relationship merely discloses prima facie evidence of the intension of he parties. Where there is no written agreement between the parties the court will engage in construction of their words and conduct8. Intension of the Parties While all contracts have the prerequisite of the parties intension to create a legal relationship, in the contract of a lease, the courts are concerned with an intension to create a specific type of legal relations, for example landlord and tenant. The courts will try to assess whether, in its everyday operation , the relationship between the parties is more akin to a lease than a licence9. However, as we have seen the courts re willing to discard such labels if they find the actual operation of the relationship to contradict the label. This was reiterated by the Supreme Court in Gatien Motor Company v Continental Oil Company of Ireland Ltd10. Exclusive Possession A key factor of the landholding relationship is whether or not the holder of the land has been give exclusive possession of the property. Exclusive possession is essential to the existence of a lease, but it is not determinative of a lease11. In other words a lease is useless without exclusive possession but on the other hand exclusive ossession does not void a licence agreement between parties either. When dealing with landlord and tenant, the term, not only gives the tenant the capacity to use and enjoy the land but also to exclude the landlord or anyone else from the property if he so wishes. The English case of Street v Mountford12 is an important case in this jurisdiction. Here, the House of Lords held that, apart from in exceptional circumstances, where residential accommodation is offered and accepted with exclusive possession for a term at rent, theresult is tenancy thus placing exclusive possession at the heart of the assessment. The Street case was decided in relation to residential accommodation but the latter case of London Associated Investment Trust Plc. v Carlow13 extended it to commercial properties. Payment of Rent It is stated in s. of Deasys Act that the payment of rent is a characteristics of a lease but it does not however, make it clear if rent is a requirement of a lease. There is a certain authority from both Irish English Jurisdictions that a gratuitous lease is accepta 4 For the purposes ot the Irish Courts it was stated by Kenny J, dissenting in Costellol 5 that rent is essential for the creation of the relationship of landlord nd tenant. Formation of a lease The general conditions for the formation of a lease can be found in s. of DeasVs Act 1860. S. 4 states: every lease or contract with respect to lands whereby the relation of landlord and tenant is intended to be created for any freehold estate or interest, or for any definite period of time not being from year to year or any lesser period, shall be by deed executed, or in writing signed by the landlord or his agent thereunto authorised in writing Along with section four, landlord and tenant relationships can be created in law by means of assignment16, sub-lease17, implication18 and equityl 9. Termination of a lease A common form of termination of a lease comes in expiry, this occurs when the tenancy id for a fixed term and upon reaching the end of that time period the landlord and tenant relationship naturally comes to an end. If the tenancy is of a periodic nature or a tenancy at will a notice to quit is required, otherwise it will continue indefinitely. A notice to quit can be served by either party of the lease or by any person who has been authorised to serve such notice. In relation to agricultural land, residential tenancy20 and houses21, the notice must be in writing, although it is ommon place for notices to quit to be delivered in writing, whatever the premises involved. In general at common law, a periodic tenant should receive notice equivalent to one period of the tenancy, e. g. a weekly tenant would receive a weeks notice. However, the Residential Tenancies Act 2004 has now introduced statutory notice periods for all residential leases22. For example, under the 2004 Act if the tenancy duration is under a period of six months the notice that needs to be given, by both the landlord and the tenant, is twentys of where such an action might arise would be a tenants breach of condition of the lease which may lead to the paying of compensation or the owing of rent. In order to carry out a valid forfeiture there are certain legislative requirements which need to be followed. Commonly, cases of forfeiture require the landlord to serve the tenant with what is known as a section fourteen notice24. The effect of s. 4 is to give the tenant an opportunity to consider if he wants to maintain the lease and avoid forfeiture by righting the breach that lead to the issuing of the notice. Section 14 consists of: (1) The basis (or multiple basis) of the forfeiture and, if applicable, a requirement to remedy the breach although the form of the remedy is not specified and is a matter for the tenant, and (2) a demand for reasonable compensation; and (3) a notice of termination by forfeiture for failure to remedy the breach and provide reasonable compensation within a reasonable time ot the service ot the section 1 notice. The reasonableness of the prescribed time period will be entirely dependent on the circumstances If following the serving of the notice, the breach has not been remedied or if the compensation or rent owed has not been paid then the landlord is entitled to re- enter the premises, and in the process forfeiting the lease. The re-entry can be physical or legal, but the service of the notice without re-entry is not sufficient to forfeit the lease25. Tenants can apply for relief from forfeiture; such relief could be granted either under s. 14 or by means of an equitable remedy such as an injunction26

Saturday, November 23, 2019

Essay about Employement Law Compliance Plan

Essay about Employement Law Compliance Plan Essay about Employement Law Compliance Plan Atwood and allen consulting to: Traci goldeman from: jessica stroklund subject: Landslide Limousine employment law compliance date: cc: Bradley stone After researching employment laws for Landslide Limousine, I have found four major laws that will be applicable. This memo will give an overview of each law as well as noncompliance consequences for each law. The first employment law I would like to bring to your attention is the Civil Rights Act of 1964. This law prohibits employers from discriminating based on race, color, religion, sex or national origin (EEOC, n.d.). The exception to this law is that it does not protect applicants and employees that are younger than the age of 40 (Welte, 2015). Bradley would need to be mindful of employees that are hired and their interaction with one another. He can easily be held accountable for employees poking fun at an elderly employee because of their driving skills, or eye sight. Also, Bradley mentioned wanting to have a high end driving service. Often times this includes having a specific employee personality; when looking for this, he should be mindful to not judge individuals based on their looks or beliefs. Consequences of non-compliance often leads to an investigation with the Equal Employment Opportunity Commission. Valid complaints result in lawsuits and heavy pay outs to the wro nged employee. The second law I would like to mention involves Titles I and Disabilities Act of 1990. This law prohibits employers from discriminating against individuals with disabilities (EEOC, n.d.). Every business is required to accommodate individuals with disabilities. This is important for Bradley to understand because he will need to be very clear about the requirements for each position, as well as be open minded about having in office positions for administration purposes for individuals who may not be able to drive. Disability does not just mean physical, there may be an applicant who is not able to drive at night or due to their anxiety cannot drive in rush hour traffic. Having accommodating shifts is one way to avoid violating this law. Noncompliance can also result in an investigation or lawsuit. A third law that I would like to inform Bradley of is the Equal Pay Act of 1963 as well as the Texas Minimum Wage Act. This is important for him, because he mentioned starting his company in Austin Texas. The first part of this law, the Equal Pay Act protects employees from wage discrimination based on their sex. In other words, employees should be paid based of their job performance, skills and level of responsibility within the same job description (EEOC, n.d.). Additionally, in Texas employers are required to pay their employees a minimum of $7.25 as well as provide employees with an earnings statement. Consequence for violating the Equal Pay Act include but are not limited to a fine of up to $10,000 or imprisonment up to six months. The final area I would like to mention is Harassment, it is unlawful to harass an individual

Thursday, November 21, 2019

Human nature and war Essay Example | Topics and Well Written Essays - 750 words

Human nature and war - Essay Example Apart from Mozart and Purcell, I had to choose Beethoven to compose the birthday song since he has breathtaking compositions like Fur Elise. Fur Elise is undoubtedly interesting. Most people much loved classical piece by Beethoven. The other two composers Mozart and Purcell did not make it into my list to compose a birthday song, because they were not creative like Ludwig for the job. Unlike Ludwig, Mozart in most of his compositions uses minor keys, thus from my own opinion his composition will not suit the mood of the occasion. Also in most of his work, Mozart employs complex instrumentation, which will not make the arrangement intriguing to listen to considering it is a birthday party. Purcell is not a suitable alternative to compose the birthday song because he worked as organist at the Westminster Abbey; thus, his compositions mostly rely on the keyboard instrument. Purcell composes long anthems, which makes me not to appoint him as my main composer because he might compose an u nusually long and repetitive birthday song. Since he mostly wrote operas, odes and accompanied stage music, makes him not an appropriate composer of my uncle’s birthday song. ... Since he developed an individualistic style from the high classical style, he should make the birthday composition more appealing to the ear. This ambitious and virtuosic style will make the audience at the evening party more calm and the birthday my uncle happy. Beethoven (also known as the father of modulation) in the composition should not remain in the same key therefore should modulate to different keys. In some of his symphonies, Beethoven includes chorus and solo voices; also in the birthday piece, he should include them to add beauty and prove his creative personality. In the composed solo section, the libretto must be catching since I want them to bring teary emotion to my beloved uncle. I genuinely want my uncle to be happy since when listening to Fur Elise and the fifth symphony by Beethoven the introduction generates a striking motif. I want my uncle to feel loved and cared for when listening to the composed song since most of the arranged compositions by Beethoven employ a distinct and individualized style. As he will be listening to the music, I want him to get both baroque and classical era music touch since Beethoven lived between those two periods. When listening to the compositions of Beethoven feels a development of works from Haydn and Mozart. Since my uncle has listened to works of both Haydn and Mozart, he will be to listen to a composition expanded on both of them. Beethoven is the perfect person to take the composition job. In most of his work like the opera Fidelio, he brings out the emotion perfectly. Since Beethoven is a transition composer between classical and the romantic era, am sure my uncle will enjoy the composition. The individualistic and creative

Wednesday, November 20, 2019

Sale of goods and agency Essay Example | Topics and Well Written Essays - 2500 words

Sale of goods and agency - Essay Example In the given case, Kangaroo Developments entered into a contract of sale with Libby’s wines on 20th January. The delivery of 200 bottles of Queensland Plonk was to be on 1st February by Libby’s wines on the premises of Kangaroo Developments. Libby’s wine had 700 bottles in their stock from which 200 bottles had to be separated to be delivered to Kangaroo Developments. The 200 bottles, while not separated, were general goods. In order to become ascertained goods, they had to be separated. The agreement was made on 20th January but the transfer of property had not yet been made. According to Sale of Goods Act, 1979, S.18 (Rule 2), â€Å"Where there is a contract for the sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them into a deliverable state, the property does not pass until the thing is done and the buyer has notice that it has been done.† According to the given facts, Libby’s wines had sepa rated 200 bottles on 20th January and marked them to be delivered to Kangaroo Developments. There is no information in the given facts whether Kangaroo Developments had the knowledge that 200 bottles had been separated; hence ascertained. The manager put the bottles back after two hours of their separation. By the 1st of February, Libby’s wine had been liquidated. Assuming that Kangaroo Developments had no knowledge of the separation of 200 bottles, it would mean that the goods were never ascertained. Therefore, no transfer of property had taken place and the risk in them remained with Libby’s wines. In this case, since Kangaroo Developments had already paid the price of bottles to Libby’s wines, they would be entitled to recover the price. They would not be entitled to recovery of 200 bottles since the title was never shifted. On the other hand, if Kangaroo Developments had the knowledge that the goods were separated to be delivered to them, the goods would hav e been said to have ascertained and the transfer of property would have deemed to be made. In this case, Kangaroo Developments would have been able to recover the bottles if the courts were convinced that despite the liquidation of Libby’s wines, the delivery of 200 bottles was possible. It is because the title of the bottles and the risk in them had been transferred when they were separated. If the liquidation of Libby’s wines had made the delivery impossible, then Kangaroo Developments would only have been able to recover the price. In Underwood Ltd v Burgh Castle Brick and Cement Syndicate, the plaintiffs made an agreement to sell a horizontal tandem condensing engine to the defendants. The engine had to be dismantled. After it was dismantled but before it could be delivered, the bed plate of the engine was broken accidently. The defendants refused to accept the engine. The plaintiffs sued. It was held that the defendants were entitled to reject the engine because t he engine was not ascertained as the defendants did not have the knowledge about that fact. Therefore, the title was not transferred. Therefore, by the application of S.18 of Sale of Goods Act, 1979 and Underwood Ltd v Burgh Castle Brick and Cement Syndicate, Kangaroo Development would only be able to recover the price if they did not have the knowledge of 200 bottles being separated. The property in goods and the risk in them would remain with Libby’s wines. Against William and Sons According to the given facts, Kangaroo Developments contracted to purchase 500 branded coffee mugs from William and Sons. Each mug was required to be printed with Kangaroo Development’s logo. In this case, the subject matter is future goods. According to S.18 of Sale of Goods Act, 1979, the property in goods would transfer to Kangaroo Developments when the printing of logos is done and they have the notice of it. Here, again, the transfer of property hinges on the affirmation of the fact w hether Kangaroo

Sunday, November 17, 2019

Organic vs Non-Organic Essay Example for Free

Organic vs Non-Organic Essay What should I eat? That is the question on millions of American minds in the recent years. For years we have fallen for hype, forgoing one food type in favor of another, only to hear months or years later were doing it all wrong. More recently, the nations attention has turned to organic foods in our quest to eat healthy, get slim and live a long and active life. Pesticides, websites and newspapers warn, are leading to an unhealthy America. The use of dichlorodiphenyltrichloroethane, otherwise known as DDT, is brought up time and time again. Prior to 1973, the use of DDT was widespread and our main weapon against the war on pests. We now know the use of DDT led to massive effects on wildlife and humans (DDT- a Brief History, 2012). Who’s to say one of the many other pesticides and insecticides we spray today won’t take a similar turn down the road, articles ask? While it’s true any pesticide we use in traditional farming can lead to health problems in humans if consistently exposed, safeguards are put in place and testing is standardized by the United States government to prevent illness and death from the foods we eat. The same cannot be said about organic produce and meat. Organic foods do not have to withstand the same amount of rigorous testing as non-organic and what testing does take place is not even standardized (Tenser, 2013). This can lead to an increased threat of health problems for those who thought they were making the healthier choice. Studies have shown there is no real significant advantage, health wise, in choosing organic over non-organic and that label, and the higher price that accompanies, might not actually be worth it. Proponents of organic foods say they are free from pesticides and hormones used by companies to produce larger animals faster, thus leading to increased profits. Several of the pesticides used today have come under scrutiny of regulatory agencies. More of the vitamins and complex micro nutrients our bodies need to survive are retained when synthetic pesticides are not used. Using natural and biological pest control, organic foods are safer and a healthier alternative to commercialized fruits and vegetables. In actuality, it’s all a myth. There is no organic product on the market today that is free of synthetic pesticides. Over the years, the soil has retained some of the pesticide runoff, which keeps all foods today from being completely free of chemicals (Hom, 1992). The increase in manure usage that accompanies the shunning of synthetic fertilizers leads to an increased risk of E. coli and Salmonella outbreaks (Griswald, 2013, p. 1). This is because manure consists of a greater amount of bacteria and its use runs the risk of cross contamination. The rise in organic farming has led to many of the food borne illnesses that plagued much of the 2000s. The use of hormones is grossly overstated; commercial chicken is not injected with hormones, contrary to what organic food suppliers want you to believe. The use of hormones does nothing to help the chicken become larger or grow faster. Hormone use would simply be a waste of money since no profit is gained from it (Poultry Housing Tips, 2012). In regards to the argument fruits and vegetables grown organically have more of the vitamins and nutrients retained in them, this is true, however a person focused on a well-rounded and healthy diet has no fear of missing certain nutrients their body needs. Not to mention, often times a scrubbing of soap and water cleans off all pesticide residue from any fruits and vegetables you are going to enjoy. If you can afford them, buy them, recommends New York University professor Marion Nestle, PhD (Zelman, n. d. ). Spending a few dollars more for that organic chicken will save mountains of hospital bills down the road, organic food marketers say. Consumers of organic foods spend on average $4000 more a year, convinced the extra expenditure is well worth it in the long run. Also, by spending more, youre told you’re helping save the environment; by not using synthetic pesticides the soil and streams cannot be contaminated. It is true a lean toward more organic farming leads to a more stable growing environment and an increase of local food production (Berger, 2013, p. 1). Still, organic foods are often trucked across state lines to groceries throughout the country. What the use of natural agents saves environmentally is canceled out by the exhaust spewed into the atmosphere and the fossil fuels used during the journey. The cost of organic foods is just not worth the payout. There have been many studies showing there is no real health benefit to eating organic foods (Watson, 2008). Fruits such as bananas and oranges and vegetables such as peas are not eaten whole; they require peeling which means they require less pesticide, meaning the higher price tag on the organic bananas just aren’t worth it. And as the price of organics rises, organics are seen as a status symbol, an â€Å"elitist stratification. † Organic food marketers capitalize on the class divide, marketing organics as a way to lead the beautiful, healthy life of the wealthy. They stress organics are healthier, better, worth the cost (Sprague, 2013, p 1). This is just simply not the case. A well rounded diet is all anyone needs to stay healthy and lead an active life. With this in mind, the higher price tag is just not worth the hype. It has been shown time and time again that organic foods do not have a greater health benefit compared to commercial foods. The label doesnt justify breaking the bank. A well rounded diet is just as beneficial to a healthy society, with or without the use of synthetic pesticides. Organic foods are not the guiding light they claim to be. There is one tried and true method to end most health concerns. Eat a varied diet. Getting all the vitamins and nutrition you need is up to you, not up to a label. References Berger, A. (2013). Organic foods are a healthier alternative. In Points of view reference center (p. 2). Retrieved from http://web. ebscohost. com. proxy. devry. edu/pov/ detail? sid=9b34ea84-d9c3-4c4a-8cf5- 2fe5b8ae172f%40sessionmgr112vid=1hid=113bda ta=JnNpdGU9cG92LWxpdmU%3d#db=pwhAN=43286303 DDT- A brief history and status. (2012, May 9). Retrieved May 25, 2013, from http://www. epa. gov/pesticides/factsheets/chemicals/ddt-brief-history-status. htm Griswald, A. (2013). Organic food: Overview. In Points of view reference center (p. 1). Retrieved from http://web. ebscohost. com. proxy. devry. edu/pov/ detail? sid=e32326f0-2d1a-4489-9176-71e40074d5be%40sessionmgr113vid=1hid=113bda ta=JnNpdGU9cG92LWxpdmU%3d#db=pwhAN=43286302 Hom, L. (1992). About organic produce. Retrieved May 25, 2013, from http://www. ocf. berkeley. edu/~lhom/organictext. html Poultry housing tips. (2012, April). Retrieved May 25, 2013, from The University of Georgia website: http://www. poultryventilation. com/sites/default/files/ tips/2012/vol24n4. pdf Sprague, N. (2013). Organic food is unnecessary and the current food.

Friday, November 15, 2019

Prospero’s Abuse of Power in Shakespeares The Tempest Essay examples -

Prospero’s Abuse of Power in The Tempest      Ã‚  Ã‚   In William Shakespeare's The Tempest, Prospero lives with his daughter Miranda on a deserted island.   On the surface, he appears to be a benevolent leader doing his best to protect and care for the inhabitants of the island, especially for Miranda.   On closer inspection, however, Prospero plays God, controlling and creating each individual to fit the mold he desires.   He takes advantage of his authority over the people and situations he encounters while wearing a facade of integrity and compassion to disguise his wily intentions and to retain love and respect.   In Act I of the play, Prospero finally tells Miranda the woeful story of how she and he arrived on the island.   From the beginning, Prospero plays his subjects and his sympathetic audience as pawns in his game of manipulation.   He explains that twelve years ago he was the Duke of Milan, but being enthralled with his studies, he left most of the governmental responsibilities to his brother Antonio.   Antonio, hungry to be "Absolute Milan" himself (1:2, p.6), proceeded to betray him with the help of King Alonso of Naples.   When Miranda asks why they were not killed, Prospero sighs, "Dear, they durst not,/ so dear the love my people bore me" (1:2, p.7).   From the beginning, Prospero portrays himself as a distinguished scholar and beloved leader unjustly victimized by his power-hungry brother.   Who would suspect such a humble man of being psychologically manipulative?   Prospero succeeds in deceiving many with this credible guise. Prospero's control of Miranda is evident throughout The Tempest, even from their first conversation.   He says, "Canst thou remember/ A time before we came unto this cell?/   I do not think th... ...hey have chosen each other, when in fact Prospero orchestrated their falling in love from the outset.   By using reverse psychology to make the couple think he does not approve of Ferdinand, Prospero catalyzes a rebellion against himself with the purpose of bringing the couple together.   In the end, Prospero reveals himself to King Alonso and his men.   He frees Ariel, pardons Caliban, and plans to return to Milan where Miranda and Ferdinand will be married.   Prospero gets everything he wants--his dukedom, a powerful son-in-law, and a return to society. Works Cited and Consulted Corfield, Cosmo. "Why Does Prospero Abjure His 'Rough Magic,'" Shakespeare Quarterly. 36 (1985): 31-4 8. Mowat, Barbara A. "Prospero, Agrippa, and Hocus Pocus," English Literary Renaissance. 11 (1981): 281-3 03. Shakespeare, William.   The Tempest.   Mineloa, NY: Drover, 1999. Prospero’s Abuse of Power in Shakespeare's The Tempest Essay examples - Prospero’s Abuse of Power in The Tempest      Ã‚  Ã‚   In William Shakespeare's The Tempest, Prospero lives with his daughter Miranda on a deserted island.   On the surface, he appears to be a benevolent leader doing his best to protect and care for the inhabitants of the island, especially for Miranda.   On closer inspection, however, Prospero plays God, controlling and creating each individual to fit the mold he desires.   He takes advantage of his authority over the people and situations he encounters while wearing a facade of integrity and compassion to disguise his wily intentions and to retain love and respect.   In Act I of the play, Prospero finally tells Miranda the woeful story of how she and he arrived on the island.   From the beginning, Prospero plays his subjects and his sympathetic audience as pawns in his game of manipulation.   He explains that twelve years ago he was the Duke of Milan, but being enthralled with his studies, he left most of the governmental responsibilities to his brother Antonio.   Antonio, hungry to be "Absolute Milan" himself (1:2, p.6), proceeded to betray him with the help of King Alonso of Naples.   When Miranda asks why they were not killed, Prospero sighs, "Dear, they durst not,/ so dear the love my people bore me" (1:2, p.7).   From the beginning, Prospero portrays himself as a distinguished scholar and beloved leader unjustly victimized by his power-hungry brother.   Who would suspect such a humble man of being psychologically manipulative?   Prospero succeeds in deceiving many with this credible guise. Prospero's control of Miranda is evident throughout The Tempest, even from their first conversation.   He says, "Canst thou remember/ A time before we came unto this cell?/   I do not think th... ...hey have chosen each other, when in fact Prospero orchestrated their falling in love from the outset.   By using reverse psychology to make the couple think he does not approve of Ferdinand, Prospero catalyzes a rebellion against himself with the purpose of bringing the couple together.   In the end, Prospero reveals himself to King Alonso and his men.   He frees Ariel, pardons Caliban, and plans to return to Milan where Miranda and Ferdinand will be married.   Prospero gets everything he wants--his dukedom, a powerful son-in-law, and a return to society. Works Cited and Consulted Corfield, Cosmo. "Why Does Prospero Abjure His 'Rough Magic,'" Shakespeare Quarterly. 36 (1985): 31-4 8. Mowat, Barbara A. "Prospero, Agrippa, and Hocus Pocus," English Literary Renaissance. 11 (1981): 281-3 03. Shakespeare, William.   The Tempest.   Mineloa, NY: Drover, 1999.

Tuesday, November 12, 2019

Social Norm Paper

Erika Lamberson Mrs. DeRoussell Psychology April 9, 2013 Social Norms P1. To be accepted by society people have to follow the norm. When you step outside of the mainstream you are considered â€Å"different† no matter how right you are. That’s why when someone starts a movement people are against him, until enough people start do it his way and â€Å"it becomes the norm†. It is also called trying to fit in because if you do something out of the norm, you are pretty much an outsider. People get others to do things out of the norm every day, it just goes unnoticed.Most of the time people don’t do it in public because it isn’t something they want to draw attention to. I am choosing to violate the social norm of going through a drive-thru forwards in a vehicle. I am doing this to find out what kind of reactions I get when I do something out of the ‘social norm’. Going through the drive-thru backwards, whether it is at a fast food place or a bank is not said to be normal. Normally, people pull up to the window with their vehicle facing forward. When I do this social norm violation, I expect to get a lot of responses.This experiment will be very hard for me to do considering I will have to drive my vehicle in reverse. I predict that the responses will be to get weird looks or possibly laughed at. People don’t normally see someone coming through a drive-thru with their car faced backwards. Not only is it not normal, it can also be dangerous and embarrassing. My only concerns about completing this experiment are that I get it done safely without hurting myself, my vehicle, or anyone else for that matter. Since I will have to go through the drive-thru backwards, this is going to be a challenge.I will have to watch out of every mirror I have and also pay attention to the people behind me. P2. My plan to complete this social norm experiment is to go through the drive-thru at two different restaurants. The first one wi ll be at a place called Taco Bell. The second will be at Burger King. This will be difficult because I have never gone through a drive-thru in reverse. I will order at the ordering station, and then pull up to the window, pay for my food, receive my food, all while driving in reverse. I will be observing the way the employees and customers act.Depending on how good this experiment goes, they will all understand why I am doing this. P3. The first thing I did when I pulled into Taco Bell was drive to the back of the restaurant and park my truck. I did this so I could make sure that there weren’t going to be a lot of people going through the drive-thru. The time of night is around 9 at this point, so there weren’t a lot of people out. I started to back up and go to the ordering station. The first curve to the ordering station is a little sharp so of course I had trouble while trying to drive in reverse.I had my boyfriend with me so he could help observe and order for me. After I got to the ordering station a car pulled up next in line. I couldn’t really see the look on their faces because their headlights were shining right in my eyes. The employee takes our order and we proceed to drive to the window. When we get to the window, the look on the girls face was priceless. When we received our food, we continued to drive backwards like nothing was wrong. Then came the hardest part of the experiment at Taco Bell, pulling back out onto the main road in reverse.My boyfriend and I made sure that no one was coming from either way just to keep from causing a wreck. I had to quickly pull out onto the main road and turn around as fast as possible. The second restaurant I did the social norms experiment at was Burger King. This place is never very busy so I decided I would go around lunch time. I also had my boyfriend do this one with me. It was around 1 PM on a rainy Saturday. The drive-thru of Burger King was way easier than Taco Bell because it is a l ot wider and doesn’t have a sharp turn. I came to the ordering station and my boyfriend began to order our food.By the time we got to the window to pay for our food, there were 3 people standing there wondering what in the world we were doing. I explained to them why I was driving backwards, and they agreed that they thought it was a fun idea. After we got our food, they laughed and started talking about how they had always seen on the internet someone driving through a drive-thru backwards but hadn’t ever seen it in person. P4. The responses I got were very different at both places. I am not sure if it was because of the employees working or if it was just the time of the day that I went.The people at Taco Bell didn’t really have that much of a reaction. I got the hint that they just thought I was a stupid teenager that was trying to be cool. I did see one person in the back cooking that laughed and gave me a thumbs up. At Burger King they were so much more int erested in what I was doing than anything else. They all gathered at the window and were laughing and carrying on and asking me all sorts of questions. I think I had very different reactions because it was late at night for Taco Bell and all the employees just wanted to go home. P5.The experience of violating a social norm was definitely thrilling. I don’t think I would have ever thought to do something like this without the realization of how important ‘social norms’ are. The experiment left me with more knowledge about how important social norms are to people. To go against a social norm is looked down on most of the time. I was really great to go out and do the opposite and see what the reactions were. Even though you don’t get a good reaction, another place may laugh with you. You should never be too embarrassed to try something out of the norm.

Sunday, November 10, 2019

Social Network

One way to understand social-networking sites like Facebook and MySpace is to consider that younger digital natives are not necessarily being exhibitionists when they post photographs of themselves and share personal details there. Instead, these users are living a life in which consciousness is spread out evenly over two platforms: real life and the Web. Rather than feeling schizophrenic or somehow pathological, digital natives understand that these two realms divide the self much as speech and the written word divide language, a division that humans have lived with for a long time without going bonkers. (Sarah Frere-Jones, â€Å"Living on the Radio,† The New Yorker, April 20, 2009) Assignment: Do social-networking sites such as Facebook and MySpace enhance a young person's social life or serve as a substitute for a real social life? Compose an essay in which you develop your point of view on this topic. Support your position with arguments and examples drawn from your reading, studies, experience, and observations. **http://grammar. about. com/od/developingessays/a/SATtopic1. htm The purpose of this paper is to introduce, discuss, and analyze the topic of social networking. Specifically it will discuss the impact of the social networking site Facebook on today's society. Facebook has become a phenomenon for the social networking set, and what makes that so amazing is that Facebook did not even exist until 2004. Three college students created it to allow other students to network and meet each other, and it has caught on with young people around the globe. What impact does Facebook have on today's technologically advanced society? It allows people who probably never would have met each other in person to communicate, it creates new relationships and friendships, and it places distance between people who could communicate in person but instead choose to communicate online, instead. It is just another element of society that is interested in sharing information with the intimacy of a close, personal relationship. Facebook is nothing more than a medium for communication, and yet, it is so much more than that. At a glance, a user can learn everything from what gender a Facebook member is, to what religion they believe in, what school they attend, and their likes and dislikes, all with the click of a mouse.

Friday, November 8, 2019

Essay on Personal Philosophy

Essay on Personal Philosophy Essay on Personal Philosophy Essay on Personal PhilosophyNursing practice is a responsible and pivotal job that needs much efforts from the part of the nurse to deliver nursing care services to clients and help them not only to cope with their health problems but also to rehabilitate after the illness. In this regard, the personal philosophy of nursing comprises the theoretical and philosophic framework within which one can develop his/her personal vision and determines the professional development of the nurse. In this regard, my personal philosophy is closely intertwined with my professional development as a nurse but I view my philosophy broader than a mere part of my profession or my professional development. Instead, I view my personal philosophy of nursing as a part of my worldview that determines my decisions, choices and actions not only in the health care setting but also in other aspects of my social and personal life.Personal philosophy of nursingMy definition of my personal philosophy of nursing incl udes the professional responsibility and the system of values that determines my performance as a professional nurse. In other words, my personal philosophy of nursing determines my actions and decisions that I take and perform in the course of my professional performance and influences my relations with my colleagues and clients. The system of values comprises the core of my values. In this regard, I should say that I stick to the humanistic system of values based on the respect and priority of human rights and human dignity.Key assumptions of my personal philosophy of nursing originate from the system of values, which I adhere and which I am trying to stick to in my professional performance and my personal life. First, I view human dignity as one of the major concerns that nurses should respect and protect by all possible means. Nurses should respect the human dignity of each client and they should avoid any biases and prejudices in relation to their clients. Second, the respect t o human rights is another important assumption that shapes the system of values that comprises the core of my personal philosophy. In this regard, the privacy right and confidentiality of clients should be one of the major concerns of a nurse.At the same time, nursing and my personal philosophy of nursing is not just the matter of the respect to human rights and human dignity of clients but also it is my personal responsibility for the quality of nursing care I provide for each client. I should do my best to provide each client with the top quality nursing care service (Hann, et al., 2007). To provide client with nursing care services of the high quality I should keep progressing and develop my professional skills and abilities along with the provision of clients with counseling services. In general, I should use the client-centered approach to match needs of each client and help each client to recover and rehabilitate fast and effectively.My personal philosophy of nursing is closel y interrelated with such concepts as person, environment, health, and nursing proper. The person of a nurse is very important because a nurse should be a moral person respecting human dignity and cultural norms of each client. The environment should match clients’ needs too. This means that nurses should create client-friendly and client-centered approach environment, where clients can feel at ease and recover fast and successfully. In this regard, the psychological help is as important as physical one. The health of clients is the primary concern of any nurse but I would broaden the concept of health from the physical health solely to physical and psychological health too (Rounds Rappaport, 2008). Nurses should take care not only of the physical health of clients and help them to recover faster but also nurses should help clients to improve their psychological condition and regain their psychological condition. The point is to provide clients with counseling services that w ill help them to elaborate a long-run strategy of the clients’ recovery and rehabilitation that will complement the recovery of their physical health. In fact, such a combination of the physical health treatment and counseling provided for clients with respect to their cultural norms, beliefs and individual needs of each client.My belief/philosophy compared to that of a professionally recognized nurse theorist (FLORENCE NIGHTINGALE)  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In fact, my personal philosophy of nursing is, to a certain extent similar to that of Florence Nightingale. At this point, it is worth mentioning the fact that Florence Nightingale was one of the first nursing theorists, who laid the foundation to the nursing theory. In this regard, some researchers (Bostridge, 2008) view Florence Nightingale as one of the first theorists, who development the Environmental Theory of Nursing because she insisted on the importance of the creation of the healthy environment , where clients could recover faster and more effectively. In this regard, I fully agree with Florence Nightingale but I would also expand the creation of the healthy environment for clients and I would complement her ideas by the idea of the provision of counseling services and creation of the comfortable environment in psychological terms.At the same time, Florence Nightingale was the proponent of the dominance of natural laws and the scientific approach to nursing. I agree with such approach to nursing. However, taking into consideration the contemporary nursing environment, I would also introduce the concept of multiculturalism as one of the main elements of the contemporary nursing (Speroff, et al., 2010). In actuality, nurses are working in the multicultural environment. This is why they have to do their best to develop the universal system of values and manifest the respect to human dignity of each client. Nurses should come prepared to deal with clients, who have totally dif ferent cultural background, and nurses should be able to meet their needs and provide with effective counseling services. Therefore, nurses should be able to adapt to diverse cultural environment.My personal philosophy and culture, spirituality, age, gender, etc.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Therefore, my personal philosophy of nursing is based on multiculturalism. At the same time, I am trying to develop a tolerant attitude to clients, who have different cultural background. The similar tolerance is essential for the development of the positive relations between nurses and clients of different age and gender. In fact, nurses should come prepared to work in the diverse environment since the diversity comprises one of the most essential elements of the contemporary nursing care. If nurses cannot work in the diverse environment, they are likely to under-perform and be unable to perform their functions properly.My personal nursing philosophy and patients’ and fami lies’ quest for God  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Patients’ and families’ quest for God may be the psychological basis on the ground of which nurses can develop the psychological ground for the recovery of patients (Minvielle, 2008). The quest for God can help clients to cope with their psychological problems and find new priorities in their life that will help them to recover physically and spiritually. On the other hand, the quest for God is important but not essential for the recovery of patients and delivery of nursing care services of the high quality. Nurses should be able to provide counseling services and any psychological aid for patients, while the quest for God is just one of forms of such psychological aid.My philosophy’s implications for the future of nursing and/or new nursing rolesIn fact, my personal philosophy of nursing has implications for the future nursing and may contribute to the development of new nursing roles. For e xample, traditionally nursing was associated with the nursing care. Instead, I suggest expanding the role of nurses through the provision of counseling services for clients. I would not distinguish the physical and spiritual or psychological treatment of patients and this is a new aspect of nursing, which remained underestimated in the past. In addition, my personal philosophy of nursing views multiculturalism as one of the main elements of the professional performance of nurses, who should come prepared to work in the new multicultural and diverse environment that imposes a new role on them as tolerant care givers, who can work in the diverse environment.

Tuesday, November 5, 2019

Definition and Examples of Relative Pronouns in English

Definition and Examples of Relative Pronouns in English In English grammar, a relative pronoun is a  pronoun that introduces an adjective clause (also called a relative clause).   The standard relative pronouns in English are which, that, who, whom, and whose. Who and whom refer only to people. Which refers to things, qualities, and ideas- never to people. That and whose refer to people, things, qualities, and ideas. Examples and Observations One of the smaller girls did a kind of puppet dance while her fellow clowns laughed at her. But the tall one, who was almost a woman, said something very quietly, which I couldnt hear. (Maya Angelou, I Know Why the Caged Bird Sings, 1969)Spaghetti at her table, which was offered at least three times a week, was a mysterious red, white, and brown concoction. (Maya Angelou, Mom Me Mom, 2013)Wilbur was what farmers call a spring pig, which simply means that he was born in springtime.(E.B. White, Charlottes Web, 1952)On the plus side, death is one of the few things that can be done just as easily lying down. (Woody Allen, The Early Essays. Without Feathers, 1975)An atheist is a man who has no invisible means of support.(attributed to John Buchan)[T]o hurt innocent people whom I knew many years ago in order to save myself is, to me, inhuman and indecent and dishonorable. I cannot and will not cut my conscience to fit this years fashions.(Lillian Hellman, letter to the chair of the U.S. House Committee on Un-American Activities, May 19, 1952) He was a Frenchman, a melancholy-looking man. He had the appearance of one who has searched for the leak in lifes gas-pipe with a lighted candle; of one whom the clenched fist of Fate has smitten beneath the temperamental third waistcoat-button.(P. G. Wodehouse, The Man Who Disliked Cats)The people who had it hardest during the first few months were young couples, many of whom had married just before the evacuation began, in order not to be separated and sent to different camps. . . . All they had to use for room dividers were those army blankets, two of which were barely enough to keep one person warm. They argued over whose blanket should be sacrificed and later argued about noise at night.(Jeanne Wakatsuki Houston and James D. Houston, Farewell to Manzanar, 1973)In the office in which I work there are five people of whom I am afraid.(Joseph Heller, Something Happened, 1974)Never play cards with a man called Doc. Never eat at a place called Moms. Never sleep with a woman whose trou bles are worse than your own.(Nelson Algren, quoted in Newsweek, July 2, 1956) Franz Ferdinand would have gone from Sarajevo untouched had it not been for the actions of his staff, who by blunder after blunder contrived that his car should be slowed down and that he should be presented as a stationary target in front of Princip, the one conspirator of real and mature deliberation, who had finished his cup of coffee and was walking back through the streets, aghast at the failure of himself and his friends, which would expose the country to terrible punishment without having inflicted any loss on authority.(Rebecca West, Black Lamb and Grey Falcon: A Journey Through Yugoslavia. Viking, 1941) That and Which in American English Interestingly enough, American usage manuals and US editorial practice for almost a century now have been based on the fiction that a clear functional separation between that and which should exist- which is either an interesting case of a collective illusion taking hold among educated members of a speech community or a  modern-day revival of the 18th-century impulse to bring natural language into line with logic and thus remove its perceived defects. Whatever its motivation, prescriptive teaching, in this case, has not been without effect: a comparison between British and American databases . . . shows restrictive which to be seriously under-represented in American English in comparison to British English.(Geoffrey Leech, Marianne Hundt, Christian Mair, and Nicholas Smith, Change in Contemporary English: A Grammatical Study. Cambridge University Press, 2012) Who, Which, That, and the Zero Relativizer Three relative pronouns stand out as being particularly common in English: who, which, and that. The zero relativizer [or dropped relative pronoun] is also relatively common. However, . . . the relative pronouns are used in very different ways across registers. For example: In general, the relative pronouns that begin with the letters wh- are considered to be more literate. In contrast, the pronoun that and the zero relativizer have a more colloquial flavor and are preferred in conversation.(Douglas Biber, Susan Conrad, and Geoffrey Leech, Longman Student Grammar of Spoken and Written English. Pearson, 2002) That and zero are the preferred choices in conversation, although relative clauses are generally rare in that register.Fiction is similar to conversation in its preference for that.In contrast, news shows a much stronger preference for which and who, and academic prose strongly prefers which.

Sunday, November 3, 2019

One important way monopolistically competitors differentiate their Essay

One important way monopolistically competitors differentiate their products is by location - Essay Example One such strategy involves locating shopping areas, influenced by vacation trends of consumers. Such retailers establish shopping areas either at central areas of consumer’s trip or in vacation destinations. This locational strategy has been successful to the retailers. In the short term, retailers have increased sales during the vacation times. This is because consumers who have made vacation trips prefer doing their shopping at central points of their trip (Campbell 8). On the other hand, considering a long-term strategy, particularly when several factory retail outlets cluster together in an area, they become an attraction to shoppers. Such clusters are popular since this form of vacation retail is enjoyable to the consumers. It can be because many consumers usually treat themselves with shopping when travelling than when at home. Another retail strategy based on location involves the providence of convenience to consumers. This is in particular to urban centers where shopping is an activity to compete with other activities. As such, there is the need to save on time by the consumers (Campbell 9). Retail areas close in terms of location often have those goods in high demand such as liquor or video stores. However, also based on convenience, for other exotic goods, consumers prefer areas with clusters of stores. Such areas thus have high traffic flow in terms of consumers. In the short term, this strategy of situating shopping areas in the most convenient areas beams of success because consumers want value for their time and it enables them to shop for related items in the same area. This strategy will succeed in the long term. This can be related to the convenience created by clusters of shopping stores in various areas. Consumers prefer such areas since they will get goods they need all in one trip. It also helps to avoid the hustle of comparing goods for infrequent but costly

Friday, November 1, 2019

Personal Protective Equipment Essay Example | Topics and Well Written Essays - 250 words

Personal Protective Equipment - Essay Example For the purpose employers plan and execute a Health, Safety and Environmental (HS&E) Policy for its organization that monitors and assesses process, material, product, working environment, premise for identification, elimination and future prevention of a hazard. This is done through elimination of a potential hazard through substitution or reducing its impact through engineering and administrative controls. Controlling a hazard at the source is the best way to protect the employees. Substitution method involves replacing an ingredient / material use in the process or a machine with a less dangerous one. Engineering control involves building a barrier between the employees and the hazard through enclosure, isolation and ventilation (ILO, n.d.). Administrative control limits the amount of time an employee spends at a hazardous job by changing work schedules, providing longer rest period or shorter work shifts, or shifting hazardous work process where limited people would be exposed. T his measure reduces exposure time and does not eliminate the hazard. If all control measures fail then employer must provide their employees with appropriate PPE, along with training for usage, cleaning & maintenance of (CCOHS, 2011). PPE is worn to minimize exposure to a hazard and does not in any way reduce the hazard itself. Hence they are considered as the last resort / choice in control measures. A very common workplace hazard is noise pollution experienced on account of repair / maintenance being conducted nearby or in the same building on near floors or even on the same floor in an adjacent room. Usually employer provide ear plugs or muffs (PPE) as a common control measure assuming that the discomfort / hazard is temporary and would be eliminated once the repair work is done. Wearing hearing protection reduces the noise and likelihood of hearing damage however does not in any way