Saturday, December 28, 2019

Grandmother vs. the Misfit in A Good Man Is Hard to Find

Grandmother vs. The Misfit in A Good Man is Hard to Find In the story A Good Man is Hard to Find by Flannery O Connor, the theme is strongly supported throughout the story and is stated in the title of the story itself. In A Good Man is Hard to Find, O Connor uses symbolism throughout the entire story to represent faith and death. O Connor foreshadows death when the family goes to the town Toomsboro. The graveyard in the plantation is a symbol of death, and O Connor also writes, It was a big black battered hearse like automobile (357) which symbolizes that the family s transportation to death has arrived. Also, the grandmother secretly snuck the cat into the car and goes against Bailey s wishes. The cat springs†¦show more content†¦The story views the life of the grandmother and her pathetic view of life and how she tries to convince the Misfit into believing what her beliefs are. It is no accident that the grandmother and her entire family are killed, the family s vacation is doomed from the beginning. In the end the Misfit says she would have been a good woman, if it had been somebody there to shoot her every minute of her life (361). O Connor is trying to imply that there are ways to be protective through religion considering the grandma tried to save herself by preaching to the Misfit through Jesus. However, the grandma didn t achieve this through her religious ways or beliefs, but in an intimate moment with reality. She is saved in her final moments of life and learns the difference between good and evil. Unfortunately, the grandmothers causes the death of her family and then herself, due to her own selfish self centered behavior. Flannery O Connor brings to the reader through symbolism of faith and death of the outside world through her feelings and beliefs about religion and society. Despite O Connor s sheltered life, her writings reveal her outlook of her religious life. A Good Man is Hard to Find is a symbolic story in which O Connor reveals her Catholic faith as well as t he conflict of growing up in the protestant South (AShow MoreRelatedA Good Man By Flannery O Connor1235 Words   |  5 PagesA good man is hard to find is a short story written by, Flannery O’Connor, in which the she describes the story of a family going out for a trip to Florida. The grandmother in the family seems to be apparently the main character in the story and the main one who tries to convince the family that is dangerous to go out when there’s a man named the Misfit who is ready to attack and kill anyone in his way. No one in the family seemed to believe her, and yet; they all decided to travel. In their wayRead MoreIs It Hard For Find A Good Man?1739 Words   |  7 PagesHadleigh Garza Ms. Vernon English 1302.05 March 26, 2015 Is it Hard to Find a Good Man? In the short story â€Å"A Good Man is Hard to Find† Flannery O’Conner introduces the story with the characters, the grandmother, her son Bailey, his wife, his two children June Star and John Wesley, and the baby, on the way to Florida for a vacation. Soon after the trip begins, the grandmother states that she wants to go Georgia to see a friend, but with her awful memory, she remembers it is actually in TennesseeRead MoreA Good Man Is Hard To Find And Al Roosten Analysis1651 Words   |  7 Pages Would you consider yourself good or evil? â€Å"A Good Man Is Hard To Find,† written by Flannery O’Connor, is a short story written about a grandmother and her son’s family traveling on vacation, coming into contact with some trouble. The grandmother and her family are killed by fugitives, the Misfit and his accomplices, while waiting for help after a car crash. â€Å"Al Roosten,† written by George Saunders, is a short story written about a man, Al Roosten, who is a businessman that is at a charity eventRead MoreThe Characters Of Flannery O Connor s A Good Man Is Hard1677 Words   |  7 PagesCharacters of Flannery O’Connor’s â€Å"A Good Man Is Hard to Find† The Grandmother and the Misfit are O’Connor’s major characters in â€Å"A Good Man is Hard to Find†. Even though there are other characters a part of this story, the unnamed grandmother and the Misfit are the round characters as well as the main focus of the story. We are introduced to both characters early on because it’s coming from the grandmother’s point of view and we also discover that The Misfit is an escaped murderer but, we do notRead MoreGood vs. Evil in â€Å"a Good Man Is Hard to Find† Essay1052 Words   |  5 PagesGood vs. Evil in â€Å"A Good Man is Hard to Find† Flannery O’Connor shows her readers a realistic look at their own mortality in â€Å"A Good Man is Hard to Find.† The story is about a family of five, a father, mother, grandmother, and two children, starting out on a vacation to Florida from Georgia. The family, on their way to a routine vacation, takes a detour that will change their lives forever. Through the use of literary elements like symbolism and characterization, O’Connor creates a theme ofRead MoreA Good Man Is Hard For Find By Flannery O Connor1234 Words   |  5 PagesDraft Instructor Jones â€Å"A Good Man Is Hard To Find† â€Å"A Good Man Is Hard to Find† is a short story written by Flannery O’Connor in 1953. O’Connor is a known writer for specializing in southern gothic and relied heavily on regional settings and distorted characters. Flannery discusses a topic in the short story, Good Vs Evil and how a confrontation between a grandmother with a superficial sense of goodness vs a criminal who embodies real evil. In A Good Man is Hard to Find, the author utilizes ironyRead More The Effective Use of Tone in Flannery OConnors A Good Man is Hard to Find657 Words   |  3 PagesOConnors A Good Man is Hard to Find Flannery OConnors short story, A Good Man is Hard to Find, begins with a Southern family preparing to go on what seems to be a typical vacation. The story is humorous at first because the reader is unaware of how the story will end. The tone changes dramatically from amusing to frightening and plays an important part in making the story effective. The narrator starts the story giving background information about the grandmother and her son,Read MoreA Good Man Is Hard to Find and Where Are You Going, Where Have You Been1091 Words   |  5 PagesA Good Man Is Hard To Find and Where Are You Going, Where Have You Been While reading, A Good Man Is Hard To Find and Where Are You Going, Where Have You Been the readers find themselves lost in worlds of suspense, horror and comic relief through tone and symbolism. Although, the stories contain very different plots, they both have a sense of good vs. evil. In A Good Man Is Hard To Find, Grandmother is a deep religious character that gives the story a depth of interest. The readerRead MoreFlannery O Connor And Religion961 Words   |  4 Pagesthis in are â€Å"A Good Man is Hard to Find†, â€Å"The River†, and â€Å"Good Country People†. By analyzing these short stories we can see how she tied in her Christian beliefs and incorporated them into the characters and scenarios they encounter. In â€Å"A Good Man is Hard to Find† she doesn’t link the beliefs into a character but rather then ending scenario. We see religion in â€Å"The River† from the start with the character Harry and his actions in the story. Religious suggestions are also seen in â€Å"Good Country People†Read MoreThe Difference Between Right And Wrong And Good Versus Evil1095 Words   |  5 PagesAshanti Mcgary Professor Wendi Dunlap English 1302 11 May 2015 Good versus Evil The difference between right and wrong and good versus evil can be simplified in a basic short story text. Flannery O Connor bases its concept of good versus evil in A Good Man is Hard to Find. The characters justify this theory. Flannery O Conner, as a Catholic, saw the nature of good vs. evil and centers around the literature A Good Man is Hard to Find, by utilizing the roles of these characters. O Connor’s theory

Friday, December 20, 2019

Cultural And Gender Differences Of Emotion - 1179 Words

Cultural and Gender Differences in Emotion Emotion â€Å"Emotions are the cornerstones of our social worlds, affecting our interactions with others in countless ways† (Soto, Levenson, and Ebling, 2005). The domain of emotion is vast with many aspects to investigate and discover. Research suggests that there are basic emotions of anger, disgust, fear, happiness, sadness, and surprise and also more complex emotions such as contempt, embarrassment, pride, and shame (Tracy Robins, 2008). Two areas of interest in the literature culture (e.g., Tsai, Levensen, McCoy, 2006) and gender (e.g., Hess, Adams, Kleck, 2004). Culture Culture refers to socially shared and transmitted patterns of ideas (values, norms, and beliefs) that are instantiated in everyday practices, institutions, and artifacts (Tsai, Levenson, McCoy, 2006). Culture may play an important role in emotional regulation and expression. Of particular interest is the interplay between collectivistic and individualistic societies and social expectations and customs. Tsai, Louie, Chen, Uchida (2007) explored cultural factors that influence idea affect. There are many ways that individuals within a culture can be influenced or biased. One such way is young children being influenced that certain emotions are more acceptable or more desired than others. The study focused on the central themes of children’s storybooks and the emotions connected with the themes whether calm or active. American children tend toShow MoreRelated The Social Construction of Gender and Sexuality Essay1361 Words   |  6 Pagesexemplifies the definition of gen der as a concept; gender is the expectations of a sex according to the culture of society. Sexuality, within this definition of gender, reflects society’s expectations, which are created in relation to the opposite sex. The variances between cultures means that gender expectations change within different cultures. These expectations put pressure on each member of society to conform and abide by the folkways of their own culture. The creation of gender expectations by societyRead MoreFactors That Influence Emotional Expression1619 Words   |  7 PagesHow often do you have trouble expressing your emotions? Many people struggle with the art of expressing emotions. Expressing one s emotions can be a difficult task, and can be made even more difficult if you don t understand what influences your emotions. There are many different factors that can influence how we express our emotions. Knowing what those influences are can help people better understand and communicate through emo tions. There are three different factors that influence emotional expressionRead MoreThe Differences in Emotional Expression Between Genders Essay examples1504 Words   |  7 PagesCombined research shows men and women vary little in experiencing emotion but contrast greatly in the expression of emotion. Psychologists have studied the reasons behind the differences through the years and there are still many unanswered questions but there are several well-accepted possible causes and combination of causes. Neuro science and the brain makeup is the first area of proven differences. Medical researchers have been aware for a long time that the male and female brain is differentRead MoreOutline. Thesis Statement: Body Language Expresses Emotions860 Words   |  4 PagesOutline Thesis Statement: Body language expresses emotions and actions unconsciously and differs between men and women depending on their brain type, emotional experience and culture. I. Female and Male Brain A. What is the difference? B. Biological differences C. Cultural differences D. Experiences II. Emotional Experiences A. Impact on female emotions B. Impact on male emotions III. Comparing Social Gestures A. Germany B. Lebanon Body Language Body language is â€Å"the conscious andRead MoreA Discussion of Disco Di1712 Words   |  7 Pagesdiagnosis that Disco Di was given which was an Axis I diagnosis of Major Depressive Disorder (MDD) and Axis II diagnosis of Borderline Personality Disorder (BPD). This paper is going to explain why I agree with these diagnoses as well as genetic and cultural factors and treatment method for them. Diagnostic Features/Differential Diagnosis I support the diagnostic conclusions associated with Disco Di because the symptomatology matched the research regarding MDD and BPD. Gunderson (2011) found thatRead MoreCulture, Gender, Personality and Communication821 Words   |  4 PagesCulture, gender, personality and communication COMM 101 Culture, gender, personality and communication Interpersonal communication is a topic that is accepted differently by different people and depends on the contest of the communication. To manage intercultural interaction effectively, speakers need to be aware of the inherent norms of their own speech practices, the ways in which norms vary depending on situationalRead MoreThe Role Of Emotional Responses On Behavior And Relationships Essay1265 Words   |  6 Pagesbeginning of the unit and therefore serves as an introduction to mental and emotions. Learning objectives: Students would learn about their own display of emotions and that of others- learning through the arts. Students will increase their dance skills and practice choreography, performance and critique. My sequence of lessons would then pave the way to discuss bullying once they have this elementary understanding of others emotions. Curriculum links Health and Physical Education Examine how identitiesRead MoreGender Differences On Negative Emotions During The Childhood And Adolescence Stages Essay1343 Words   |  6 Pagesgentle emotions, and males show more aggressive emotions. â€Å"Sayings such as ‘boys don’t cry’ and ‘sugar and spice and everything nice—that’s what little girls are made of’ reflect cultural beliefs and expectations that girls show cheeriness or sadness, whereas boys are strong and calm, showing anger if necessary† (Chaplin Aldao, 2013). Before this study, there were only empirical reviews of happiness expression. There has been no empirical review of gender differences on negative emotions duringRead MoreBehavioral Jealousy872 Words   |  4 Pageshighly aroused, cognition ceases and flight or fight impulses take over† (Guerrero Afifi, 1999, p. 228). Therefore, sending messages in a positive mindset, even jealousy induced emotions can end successfully if the jealous individual frames the message correctly. In regards to jealousy interactions, often times negative emotions prevent partners to communicate effectively. â€Å"The use of positive behaviors such as emotional disclosure, open discussion, and relationship talk are some ways that both partnersRead MoreWomen Are More Emotional Than Men1292 Words   |  6 Pageswell as more emotionally expressive† (pg. 396). When people think of the main difference between male and female, the emotional state of the different genders would probably be one main concept that comes to mind. According to Baumeister and Bushman (2014), â€Å"the traditional stereotype of female emotionality is wrong† (pg. 221). While the different emotions that are dominantly expressed, or the way genders express the emotions being felt could vary among males and female, the actual act of living an â€Å"emotional

Thursday, December 12, 2019

Reaction To Othello By By Julius Lester Essay Example For Students

Reaction To Othello By By Julius Lester Essay The novel Othello by Julious Lester is one of the most interesting love stories I have ever read. Iago the greatest villain of all times plays with the red handkerchief to ruin and sometimes determine love for people. Othello loves his red handkerchief and gives it to Desdemona to have as a symbolism of love for them. Desdemona takes the handkerchief and puts it in her blouse. Othello has a headache when he gets home so Desdemona puts the red handkerchief to his head to make him feel better. Othello pushes away her hand and she drops the handkerchief. Later Emily sees the handkerchief and picks it up knowing it is Desdemonas. When Emily goes home Iago sees she has the handkerchief and asks her for it and tell her he will give it to Othello. Iago being the villain that he is takes the handkerchief and puts it next to Michael Casios head. When he wakes he notices the handkerchief and wonders how it got there but he just puts it in his pocket. Michael is waiting in the garden for Desdemona but Instead of Desdemona showing up Belinda shows up. She goes to hug him and she sees the handkerchief, she takes the handkerchief from him and asks him where he got the handkerchief. Michael swears he has no idea how he got it. Belinda takes the handkerchief and puts it next to her bosom. Othello thinks Desdemona is cheating on him so he goes to look for some proof of it. Othello is walking through the courtyard when he sees Belinda with the handkerchief hanging out her shirt. He goes up to her puts his hands around his neck and asks her where she got the handkerchief that belong to his beloved Desdemona. Belinda thinks it was Desdemonas then Michael Casio deserves to get in trouble for it, since he lied to me. Othello thinks to himself that if she got it from Michael Casio then Desdemona must have given it to Michael. He now thinks Desdemona has bean cheating in him. Othello feels that he is weak and he needs the rest of his soul back from Desdemona. He goes back to the house with intention to kill Desdemona. He feels he is doing it for honor. He goes to Desdemona and he tells her to free her self of any sins she might have and then strangles her to death while she is pleading to whom she loves the most not to kill her. Emily comes in and tells the true story to Othe llo. He has no idea what he has done so he feels that if he kills him self he will be freed from sin. See how just one villain can end to innocent loving peoples lives. The red handkerchief symbolizes love. It can end and begin many loving relations between one person and another. Words/ Pages : 509 / 24

Wednesday, December 4, 2019

Commercial and Corporation Law ASIC

Question: Discuss about the Commercial and Corporation Law for ASIC. Answer: Registration of Any Aim Fitness and The Concerns Ying and Zena must turn their idea into an action in order to form a company. Section 1.5.3 of Corporation Act 2001 provides for setting up of a company. The guidelines is that having the idea of forming Any Aim Fitness is not enough, Ying and Zena have to lodge an application that is properly completed in the prescribed form. A proper application form will include the directors, shareholders and their personal information details. The Any Aim Fitness Company shall exist upon registration by Australian Securities and Investment Commission (ASIC). The second issue will be whether the proposed company to be formed by the friends would be registered. Section 112 of Corporations Act provides that a company can be public company or a private company. The intention by Zena and Ying to turn what has been a charity for a number of years into a business can therefore be realized by choosing the Proprietary Company as a vehicle of their business operation. A proprietary company limited by shares s the best vehicle in the circumstances owing to the investment which needs to be done, limitation of membership and transferability of shares and the limitation of liability of the members once the company is registered Again, it is worthy to note that being two friends; they meet the statutory minimum of members of a proprietary company asunder section 114 of Corporations Act 2001 and still be way below the statutory maximum of numbers of the 50 members of the proprietary company under section 113 of Corporations Act (CA) 2001. Having identified the business opportunity, Zena and Ying must then move to search for the name of the company and ascertain that their proposed name of Any Aim Fitness is available. This is will be their principal role as promoters of the company. The guiding principle the name search is in order to ascertain that the name that the two friends are settling on is not unacceptable or identical to an existing name as under section 147 of CA 2001. The two friends must be aware of the requirement of section 148 of CA 2001 that makes it mandatory for the company to have the word limited at the end. Since the best business vehicle is a proprietary company, the company name shall be Any Aims Fitness Proprietary Limited. The procedure of reserving the name is clearly outlined in the section 152 of Corporations Act 2001. Under the section, a person has to lodge an application for reservation if the name is available under section 147 of CA 2001. The reservation last for two months and can be extended for two more months when the ASIC discretionary powers are invoked. While the registration of the proposed company is pending, the two friends, Zena and Ying shall be called promoters of the company. A promoter is a person who undertakes in the formation of a company and sets the same going through taking of necessary steps in order to achieve a certain purpose. From the definition, it is clear that they have conceived the thought and idea of setting the business of offering fitness to the people and are tasked with the future prospects of the business. They need to be aware of their liability to the pre-incorporations contracts entered into such as the agreement to lease the office near the park for three years. The position of common law is that a promoter is personally liable for the contracts unless they are approved by the company. The similar position has been adopted by the CA under section 131 as it provides that the company formed will be bound by contract if the company ratifies it after registration. Even if it fails to ratify, the company is still able to be found liable for payment of damages or transfer if property. Therefore Ying and Zena ought to provide guidelines for ratification and the timelines in the company constitution in order to avoid uncertainty as to a reasonable time. If the registered company ratifies, the company itself shall be bound by the lease agreement. Prior to registration, Ying and Zena have to make certain decisions. This will include choosing the registered and business address of the proposed company where all communications are to be sent. Another is the choice of officeholders such as the director and to give full particulars such as full names, date and place of birth and residential address. The point of awareness in respect of this requirement is that a proprietary company must have at least a director but the position of a company secretary is not mandatory. Lastly they have to decide on the share structure of the company including classes of shares, total number of shares. Registration process also called incorporation. Currently, the incorporation can be done on an online platform for automated way of registering a company in Australia and getting incorporated. The procedure as under section 117 of Corporations Act is that a person must lodge an application with the Australian Securities and Investment Commission. The application must contain the type of the company, company proposed name, name and address of consenting persons, names and place of birth of directors, company secretary, if any, address of registered office or principal place of business, number , classes and value of shares. If the ASIC is satisfied, it shall give the company an ACN number, register it and issue a certificate starting the ACN and company name, type and date of registration. Under section 119, it is only after registration that the company shall be deemed to have come into existence. Another vital thing is the effect of registration of the company. Once registered, the company becomes a body corporate and shall have separate legal capacity from the members. This is advantageous to the two friends as their liability shall be limited to the extent of shares held alone. Section 124 of Corporations Act provides that the company has powers to issue shares, grant unissued shares, and distribute company property and to do anything authorized by law. Another point of awareness is in the area of having an Australian Company Number (ACN). This is a peculiar number with nine digits that every company in Australia has. Though Ying and Zena have opted for a name without the number, it is requirement under the law that the ACN must appear in its accounting documents, notices, letterheads, cheques and written advertisements. Arguments by Amazing Events Management Ltd and Adelaide Bus Ltd Issues The brief facts are that Adelaide Bus Ltd wants a pay for printing of picture for AEM on account of a concert with was cancelled, has been contracted to print pictures for advertisement in major contract. From the set of facts certain issues can be identified for determination. First issue is whether the act of cancellation of the concert could be anticipated in the circumstances when AEM was contracting AB to do the advertisement. Second issue will be whether the actions of AEM were unconscionable thus warranting an exception to the application of the doctrine of frustration. The Law The law on performance of a contract indoctrinates the doctrine of frustration which flows from Coronation cases. It provides that once a contract has been entered into and is affected by a force majeure, it fails in futuro. The doctrine as it is operates has over time been modified by various statutory laws. Other inherent limitation is that the courts will apply it as a last resort only the act complained of as having caused the frustration must not have been anticipated reasonably in the circumstances. Statutory laws have also modified this doctrine by requiring that the conduct of any person who wants to be protected under this doctrine ought not to be unconscionable. It must prove that the actions were not oppressive or harsh. Application The two parties shave been entangled in a complex situation of multiple application of laws and exceptions. Amazing Events Management Ltd. (AEM) will argue that the contract between it and Adelaide Bus Co. Ltd. (AB) was frustrated. In advancing this argument, AEM will first need to prove that there is a valid contract between AEM and AB. In establishing a valid contract, ne needs to prove the existence of the elements such as agreement, consideration and intention to be legally bound. As to the first limb, Amazing Events Management Ltd can argue that there was a meeting of minds between the parties as to the advertisement of the concert. He will argue that the offer was certain and is distinguishable from an invitation to treat. The arguments can be furthered by stating that the contracting of AB by AEM to print fifty large poster advertisements was in no uncertain terms (Beatson, 1998). As to the consideration, AEM can argue that in the agreement, AB was to print fifty large posters and in the end he would be paid for the service. Thirdly, AEM will have to prove that here was an intention to be legally bound amongst the parties to the contract for printing of advertisements. This would be evident from the communication between the parties. Once Amazing Events Management Ltd has proved the existence of a valid contract, it will then advance an argument that the contract has been frustrated. Frustration here means that the cancellation rendered the completion impossible. Amazing Events Management Ltd. will argue for the application of the doctrine of frustration (El-Hassan, 1985). This will be advanced by stating that the cancellation of the concert was supervening and beyond the control of Amazing Events Management Ltd. Evidently, this was the case as the major contractor, Barry Big Noise did not formally inform AEM that they were cancelling the main contract of advertisement and organizing of the contract. AEM can rely on the case of Taylor v Caldwell (1863) 3B S 826 to persuade the court that upon proof of frustration by lack of anticipation, the contract must thus be automatically terminated (McIntyre, 2004). In Taylor case, the common law position on frustration was upheld and the court underscored that common law has no place for performance where a contract has been frustrated. Finally as to the claim of the debt, AEM ca advance the argument that the loss for termination ought to lie where they fall. Furthermore the advertisement contract was dependent of the concert events organizing agreement and that when the later failed; there was no reason in principle why the dependent contract of advertisement must not fail. AB will argue for common law exception that it will advance in the argument is that the doctrine of frustration is not absolute but applies in limited cases (McIntyre, 2004). It shall argue that the kind of frustration was common in the business of Events management and that it could have been anticipated by the parties therefore removing it totally from the ambit of doctrine of frustration (Rothschild, 1931). The second legal argument which can be advanced by AB is that the doctrine of frustration if applied would be unfair to it given its harshness in the instant circumstances. This is because, at the time of being called not to proceed with the advertisement, AB had already printed the pictures (Marchetti, 2012). Particularly, he will rely on the provisions of Part 2(C) of Fair Trading Act 1999 Act No. 16 of 1999. Conclusion The reliance on the statutory ABs reliance on section 8(2)(b) of Trading Act on prohibition of unconscionable conducts where would be strong due to the seniority that the statutes have over common law principles during interpretation (Leske and Schweitzer, 2009). Again, it is because that AEM had a higher bargaining power. This it can do by relying on the case of Cutter v Powell [1795] EWHC KB J13 (9 June 1795) KB in order to persuade the court that her is unity of the contracts. While Amazing events management Ltd will rely on the doctrine of frustration, Adelaide Bust Ltd can base the argument on the exception t the operation of t doctrine. As to the argument on damages, Adelaide Bus Ltd is likely to fall because the court is likely to consider that Amazing Events Management Ltd can be able to recover from Barry Big Noise for lack of proper notice of cancelation of the contract of organizing the concert. Secondly, it would be easy for AB to invoke courts discretion to grant damages and orders by showcasing exceptions to the general rule. References Beatson, J. (1998). Anson's Law of Contract. Oxford University Press Kelly, D., Holmes A., Hayward, R. (2002). Business Law. Oxford University Press Lunney, C. (2000) Tort Law: Text Materials. Oxford University Press Marchetti, C., 2012. Doctrine of frustration. El-Hassan, A.E.W.A. 1985. Freedom of contract, the doctrine of frustration, and sanctity of contracts in Sudan law and Islamic law. Arab Law Quarterly, pp.51-59. McIntyre, E. (2004). Business Law. Longman Publishers Anderson, A. 1953. Frustration of Contract-A Rejected Doctrine. De Paul Law Review 3(1) pp 1 Rothschild, J.L. 1931. The Doctrine of Frustration or Implied Condition in the Law of Contracts. Temp. LQ 6, pp.337. Leske, K.O. and Schweitzer, D. 2009. Frustrated with Preemption: Why Courts Should Rarely Displace State Law Under the Doctrine of Frustration Preemption. NYU Ann. Surv. Am. L. 65, pp. 585. List of Cases Cutter v Powell [1795] EWHC KB J13 (9 June 1795) Taylor v Caldwell (1863) 3B S 826 List of Statutes Fair Trading Act 1999 Act No. 16 of 1999. Corporations Act No. 16 of 2001

Thursday, November 28, 2019

Morgan and Sunderlands Management Styles

Sunderland’s Management and work style Sunderland’s management style is a combination of autocratic. From the case study, it is evident that coworkers consider Sunderland’s management style to be formal but effective. A formal management style is autocratic and employees are required to completely follow instructions issued by the top management to the letter.Advertising We will write a custom case study sample on Morgan and Sunderland’s Management Styles specifically for you for only $16.05 $11/page Learn More Sunderland is described in the case study as â€Å"always setting expectations at the outset of a project† which have to be achieved. Sunderland uses the autocratic approach to ensure organizational project goals and objectives are achieved. According to the case study, Sunderland is highly valued because she ensures that project goals are achieved as required. Sunderland is described as having a â€Å"great str ategic mindset†, which implies that she is highly focused and inflexible. Sunderland’s autocratic management style provides her with a competitive edge in pushing for the development of the best ideas and products for the client. Her focus is on the best product that best suits the needs of the customer. She strives to be efficient in planning, organizing, and directing employees to provide the best solutions to the client. Sunderland is described as a â€Å"doer† in her working style. The case study describes Sunderland as a focused, inflexible, demanding, and a single minded person. Doers execute tasks with a lot of attention to detail, a description that Sunderland fits well into. Sunderland has a legitimate source of power because of the position she holds in the company. Her position is based on experience and professional qualifications which fit into the job description she holds. In addition, she holds expert power because of her skills, knowledge, and ex perience from previous positions held in other companies. She also holds coercive power which enables her to influence the people to perform according to the expectations of the customer. An assessment of Sunderland’s emotional intelligence shows her to be able to control her emotions. That is because she was able make decisions while keeping her emotions under control. Morgan’s Management and work style The case study shows Morgan’s management style to be informal and some aspects of the leisure’s faire approach. It is an informal approach that is evident from the relaxed atmosphere Morgan enjoys working in. In addition, Morgan endeavors to strike a balance between â€Å"competing interests and priorities†. Morgan provides support and gets involved in executing tasks, by working hand in hand with the employees.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Lear n More Morgan’s sources of power are legitimate, expert, and referent because of the position he holds in the company. Morgan was recruited to the position because of prior experience, knowledge, and academic qualifications. The source of Morgan’s expert power is the experience and knowledge he gained as a project manager in different companies before getting the current position. Evidence shows Morgan to be supportive, and partners with the employees, which shows that he has developed person connections with the people he works with, which qualifies him to have referent sources of power. Morgan’s work style is reflected in his ability to develop close working relationship with other employees and his dislike of Sunderland’s management style. Morgan is emphatic and ensures that he makes employees feel great. That is evident in from case study where Morgan says that he cannot â€Å"imagine working in the bureaucratic labyrinth of a large company† and continues to assert that he values an environment where â€Å"where everyone had a seat at the table†. Morgan likes a relaxed working environment, where he creates vision for the people, thinks outside the box, and deliberately tries new ideas to provide the best solution for the customer. Morgan’s emotional intelligence is based on a cognitive approach where he endeavors to reason with emotions. That is best illustrated in the stamen on how Sunderland understood Mike on the way he can â€Å"defend his ideas to the extreme and can get excessively argumentative when things don’t go his way†. That is in addition to the response Mike make to things that he is interested in, in this case, the interest Mike has in client details, and in understanding the strategic background of any training program to achieve the client’s training needs and organizational goals. What is going on Mike Morgan called Nunez who refused to take his phone calls because At ain’s account director was the only authorized person and only point of contact with Gramen. By giving a call to Nunez, mike was in direct breach of protocol or Attain’s communication policy, an act that could generate negative relationships with the client. Mike is rebellious because of â€Å"trying to challenge the client’s ideas and develop content that is outside the box†. Morgan wants to think outside the box by contacting the client directly.Advertising We will write a custom case study sample on Morgan and Sunderland’s Management Styles specifically for you for only $16.05 $11/page Learn More Morgan seems to work outside the formal organizational structure of doing things and attempts to test new ideas without due consideration of the formal process of evaluating case studies. Morgan knew very well that his approach of solving client problems could not be in tandem with Sunderland’s strict formal manageme nt style. Morgan tried to contact Nunez to test and influence her to accept his unproven ideas which were based on an unproven and single case study, which Nunez had advised him to conduct further research on, to be able to make reliable conclusions. Morgan also likes challenging the ideas of Attain’s ideas and in this case, had gone further to contact Nunez directly to influence decision making. Morgan knew that Sunderland was not knowledgeable on the â€Å"impact sales and financial strategies had on working capital, day’s sales outstanding, and bad debt expenses†. Nunez called Sunderland because she was the only direct point of contact with the Gramen Equipment Company to inform her of the persistent calls from Morgan. She was professional and did not want to indulge in a breach of the formal organization of running the business. Sunderland vs Morgan The relationship between Morgan and Sunderland is not cordial. Sunderland has a strong inclination to authorit y and regard for the formal organizational structures. On the other hand, Morgan does not have a strong regard for the formal structure of organizations. Morgan does not value the formal reporting relationship existing in the organization and regards Sunderland to be harsh on him. She seems not to be flexible, but dictates terms in accordance with the client’s needs, a fact Morgan opposes. The strained relationship is further illustrated in the decision Sunderland makes to have a face-to-face meeting with Morgan instead of giving him a call and the contemplation of reporting the incident to Chama. Initiating positive change There is need for Sunderland to identify the need for change, the areas of conflict such as Morgan’s insubordination and the conflict between her and Morgan. Employees’ poor comprehension of Attain’s communication policy, employee roles and responsibilities, respect for authority, better working relationships between employees, and the need for all employees to work as a team toward achieving organizational goals and objectives.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More To initiate positive change, it is important for Sunderland to define a clear change management strategy. The strategy should encompass the scope which includes the people who are affected. In this case, the people in the management hierarchy seem to be the source of conflicts, with the typical example being the conflict between Morgan and Sunderland. In addition, the conflict between the two parties seems to have created a group of employees loyal and positively regarding Morgan, while other employees regard Sunderland as being too hard and cruel on them. The tools and techniques used in bringing about change should include a definition of the scope, which in this case should cover the entire organization. Sunderland should clearly understand the size of change required the number of people to be affected, and decide if the change should be gradual or radical. According to the case study, the change should be gradual to ensure each member is prepared for change and understands the need for change not to make employees discontented with Sunderland’s management approach which could destroy their morale. It is also because different management styles are practiced by different leaders, which needs a participatory approach to change employee perceptions. Sunderland should identify areas that may lead to resistance to change, evaluate the value system that could be brought about because of initiating change, and understand the background of each employee. In particular Morgan’s background is critical in initiating a positive change in him regarding subordination to authority and compliance to organizational communication policies and other policies that might be created regarding employee interactions with clients. It is important for Sunderland to create a qualified change management team who understand the need for change. A communication plan is critical to create employee awareness on the need for change and in being part of the change process. E ach employee should be sufficiently made aware of the risks involved if change is not initiated and the reason for being part of the change process. To be effective, Sunderland should formulate a change management plan that factors different audiences, stakeholders, and the employees in general. Sunderland should start the positive change process by educating to level management team, then middle level managers and supervisors who could be at a better position of educating employees for the need for change. A training requirements document should be developed which provides precise and detailed management requirements, skills and knowledge requirements, and the need for each supervisor to develop specific training programs for change. It is important for the change to be effective in maximizing a return on investment, by identifying the impact that the change will bring to the organization in terms of its performance of the core business pursuits. At the end of the change process, S underland and the change management team should measure the impact caused by introducing new changes to the organization. The area of focus should be change in employee behavior which is the basis of making positive and effective changes. This case study on Morgan and Sunderland’s Management Styles was written and submitted by user Aylin Mason to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sunday, November 24, 2019

Why Migraines Occur Essay Example

Why Migraines Occur Essay Example Why Migraines Occur Essay Why Migraines Occur Essay Migraine tends to affect more than 300 million people from across the world.   For many, the condition is more than a headache and is characterized by several distinctive symptom phases.   The condition is characterized by severe, debilitating and disabling headache that often needs no description.   The people suffering from migraine also had several other problems including photophobia, burning, nausea, vomiting, visual disturbances, altitude sickness, etc.   Migraine may have several other implications.   About 17 billion dollars a year is lost due to lost work, disabilities and healthcare expenditure owing due to headache.   Through historical records, it has been suggested that the disorder has affected man for more than 7000 years.   However, medicine still continues not to identify the cause and a treatment that could help cure the disorder.   Many people do not even approach the doctor to get the disorder treated as they feel that medical treatment can do litt le or no help.   Earlier, scientific research proved that the disorder was a vascular condition, but today scientists have identified that it is more of a neurological condition that develops primarily from pathology in the brain stem cells.   The nerve cell malfunction tends to sweep across other parts of the brain.   Today, the exact cause of migraine is still unknown, but scientists are developing several new forms of treatment for the condition including gene therapy (after considering the genetic basis of the disease), molecular biology and imaging of the brain.   This would enable to get back to normal activities faster (Dodick, 2008, Kantor, 2006). The neuro-vascular model which has been implicated for the cause of migraine includes vascular and neurological factors.   Another model frequently being considered is the Convergence Hypothesis that tries to associate the clinical symptoms with the pathophysiology of migraine.   According to this model, migraine is considered to be an event with a beginning, a mid and an end.   A symptom-based diagnostic approach would consider migraine during the peak stages.   With the convergence model, the entire process would be looked up on including the prodromal, the aura and the end phases.   Using the convergence model, the events can be drawn as a curve when charted against time (Curtis P. Schreiber, 2005). Body Migraine is a chronic medical disorder characterized by disabling headache, nausea, vomiting and photophobia.   In many people, the throbbing headache may be experienced on one-side of the face. The condition usually occurs in 11 % of the people in the US.   Migraine is more common in people with a family risk of the condition. It occurs anywhere between the ages of 10 to 46 years, and is more common in women compared to men.   In women, the condition may even occur beyond till the age of 55 years.   During the period of pregnancy, the number of migranous attacks usually reduces.   During the 1980’s scientists found that migraine develop due to a disorder in the blood vessels that supply the brain.   However, today it is clear that the condition develops due changes in the brain, nerve pathways and the chemicals present in the brain (Dodick, 2008, Kantor, 2006). From one individual to another, the frequency, duration, severity and aggravating factors of migraine would differ significantly.   On an average, people suffer from migraine, one or two days every month.   About 10 % of the population gets the disorder every week and 20 % get the attacks every 2 to 3 days, and about 14 % develop a serious version of the disease, in which the symptoms are seen every alternate day (Dodick, 2008, Kantor, 2006). Several events may trigger or aggravate attacks of migraine including alcohol consumption, dehydration, physical stress, exertion, menstruation, emotional stress, anxiety, seasonal, climatic or weather changes, allergy, bright lights, loud noises, florescent lights, sleep alterations, missing meals, tension headache, use of birth control pills, lack of sleep, staying at higher altitudes, hunger, certain foods, smoking, tobacco consumption, etc.   Some of the foods that can trigger migraine attacks include foods containing tyramine, monosodium glutamate or nitrates. Some of the foods that contain tyramine include red wine, cheese, smoked fish, liver of chicken, bens, figs, etc, and foods that contain nitrate include hot dogs, salami and bacon.   Other foods that can also trigger migraine attacks include citrus fruits, bananas, avocados, onions, dairy products, chocolates, pickles, nuts, peanut butter, fermented products, etc.   The ancient Greeks were the ones to coin the word m igraine from ‘megrim’ meaning hemicrania or one-sided headache.   Galen considered migraine to be a painful disorder that affected one half of the head.   The Greeks considered to be caused due to descent of the vapors from the liver to the brain.   Later, in the 17th century, blood flow defects were considered to be the main cause for migraine rather than humors.   From the 17th century to the 1980’s, the vascular theory proved to be responsible cause for migraine.   Wolff from the Presbyterian hospital New York considered that migraine was caused due to dilatation and expansion of the blood vessels present in the brain.   Once the expansion of the blood vessels occurs, the pain-signaling neurons of the brain get activated, leading to a headache.   Before the headache actually occurs, there is a drop in the blood supply to the brain causing constriction of the blood vessels.   However, newer research work conducted in the field of migraine demons trates that the disorder is caused not due to vascular alterations but due to neurological changes.   Earlier it was thought that vascular flow of the blood in the brain had increased something like 3-fold times.   In fact, latest scientific evidence clearly suggests that just before the migraine attack, the cerebral blood flow is either normal or drops down a bit (Dodick, 2008, Kantor, 2006). The aura that occurs before the migraine attacks was a serious clue to the scientists that the disorder had a neurological basis.   The aura can be seen in two conditions, one in migraine as a preceding symptom and the other in epileptic seizures as a part of the sensory visual hallucinations.   The individual in migraine would be able to see stars, bright lights, sparks, lightning bolts, geometric designs, etc.   In some people weakness, speech impairments and tingling sensations develop.   In some people, the visual aura may not appear and all, but in other it may even occur during the entire headache phase.   Today, scientists have identified the exact mechanism of this aura.   A wave of intense nerve activity (cortical spreading depression) spreads throughout the cortex especially the areas of vision.   Following the hyperexcitability, there is a phase of neural inhibition.   During the phase of intense neuronal activity, there is active firing and a lot of energy is required.   Following the intense neuronal firing, the nerve cells require less quantity of blood.   The neuronal firing spreads at the rate of 2 to 3 millimeters every minute, and this is just the exact rate at which aura develops.   Besides affecting vision, the intense neuronal activity would also affect sensory and motor signals (Dodick, 2008 NINDS, 2008). Studies have clearly shown that genetic factors play a very important role in the development of migraine.   The genetic susceptibility of migraine is similar to other disorders such as diabetes, hypertension, etc.   In identical twins, the other twin is at a higher risk of developing the disorder, when one twin actually suffers from it.   However, non-genetic or environmental factors play an important role in the development of migraine.   Genetic factors may increase the excitability of the neurons, leading to a disturbance in the ion transportation system.   Several other disorders may also be as a cause of ion transportation defects including seizures and cardiac arrhythmias (Dodick, 2008 NINDS, 2008). The exact way in which the spreading cortical depression of neurons causes’ headache is not understood clearly, but scientists feel that the trigeminal nerve may be involved.   The manner in which the trigeminal nerve causes pain sensation is not understood clearly.   When the intense cortical depression spreads, it causes chemical changes in the neurotransmitters leading the trigeminal nerve to transmit pain sensations.   The spreading depression can also activate the trigeminal nerves in the subcortical regions leading to headache.   The mechanism of aura may operate in both, people suffering from migraine with or without aura.   However, in people who do not suffer from aura may develop other symptoms including tiredness, weakness or difficulty concentrating.   Besides, involvement of the cortical and the subcortical regions in migraine, the brain stem (an ancient part of the brain) may be responsible for migraine pain.   The brain stem contains three groups o f nuclei that can play an important role in migraine.   The nuclei would inhibit the firing of the trigeminal nerve, thus causing the trigeminal neuron to fire without any pain signal.   There would be an incoming pain signal although actually there are no stimuli.   Besides, involvement of the trigeminal nerve from the brain stem, other sensory nerves including those that control visual functions may also be affected, resulting in false sensory incoming signals causing visual field disturbances (Dodick, 2008 NINDS, 2008). During an attack of migraine several processes tend to occur.   Certain triggering factors mentioned may stimulate the release of peptides such as substance P, Calcitonin Gene-related peptide, etc.  Ã‚   They tend to dilate blood vessels and cause inflammation which results in over-excitation of the trigeminal nerve.   The brain would not be affected with the headache, but the blood vessels and the meninges would be involved.   Auras occur as a result of blood flow changes (Daniel Kantor, 2007). Certain migraine headaches occur due to abnormalities in the calcium channels and also the magnesium, potassium and sodium channels.   Calcium channels present control the release of the neurotransmitter serotonin.   This neurotransmitter can play an important role in the development of migraine.   Besides, abnormalities in the levels of other neurotransmitters such as dopamine and stress hormones can result in migraine.   Dopamine could act as a stimulant of migraine and in certain individuals with genetic characteristics, higher levels of dopamine can result in nerve cell excitation.   Several prodromal symptoms such as mood changes, drowsiness and yawning are closely associated with dopamine disturbances.   The calcium channels play a vital role in the development of the cortical spreading depression (which is the cause of the migraine symptoms).   In people who suffer from migraine, magnesium deficiencies have been found.   During a migraine attack, a drop in the magnesium levels has been observed.   Once the levels of magnesium levels are low, the nerve cells become highly unstable and tend to misfire.   This could be responsible for the aura that develops.   Magnesium has been strongly associated with the calcium channels in the body.   Certain inherent deficiencies in the calcium channel systems may be present in people who develop migraine. Individuals with familial hemiplegic migraine have mutation of the gene that expresses for calcium channel systems.   Nitric Oxide has also been associated with migraine and other headaches.   Over-excitation of the nerve cells can result in the production of nitric oxide.   A rise in the nitric oxide in the blood vessels may stimulate several nerves in the brain and cause the development of pain.   Hormone fluctuations can also play a role in the development of migraine.   The changes in several hormones especially estrogen can be responsible for migraine development.   If the hor mone levels are high, low or normal for long, the migraine process would not be activated.   Hormonal fluctuations are more likely to cause migraine.   This is because fluctuations impact the serotonin and other neurotransmitter levels (Daniel Kantor, 2007). Conclusion Today, a lot of research has been identified which potentially helps to better under the migraine process.   Migraine is more of a neuro-vascular condition rather than a vascular condition earlier thought.   Currently, there are no specific drugs to treat migraine, and most of them are other groups of drugs that are utilized to treat other conditions.   Usually, ergotamine preparations, painkillers, NSAIDS, etc are given which works partially.   Hence, it has been clearly observed that they can work only in half the number of migraine patients.   Several groups of antihypertensive drugs, anti-seizure drugs, calcium channel blockers and antidepressants may work by normalizing the membrane potential thus helping to curb the rapidly-spreading cortical nerve depression.   They would work in patients who develop migraine with or without aura.   These groups of drugs would work by prevent channels present on the nerve membrane from opening up, thus helping to control calcium movement.   In this way, the nerve membrane would be stabilized.   Individuals also need to adopt a diet that can effectively help avoiding headache provoking foods and substances such as cheese, tobacco, alcohol, etc.   Blood glucose and blood pressure should be monitored and kept under control.   Better sleep hygiene and exercising patterns need to be ensured.   Stress needs to be handled in more appropriate fashions (Curtis P. Schreiber, 2005, Dodick, 2008 Mayo, 2007). Curtis P. Schreiber. â€Å"The Pathophysiology of Migraine.† Clinics in Family Practice 7.3 (2005). Daniel Kantoor. â€Å"Migraine headaches – Highlights, FDA Warning: Serotonin Syndrome.† 2007. ADAM. 29 Nov 2008. mdconsult.com/das/patient/body/111946799-8/777861931/10041/9399.html Daniel Kantor. â€Å"Migraine.† Medical Encyclopedia. 2006. Medline Plus. 16 Nov 2008. nlm.nih.gov/medlineplus/ency/article/000709.htm David W. Dodick and J. Jay Gargus . â€Å"Why Migraines Strike.† Scientific American. (July, 2008). sciam.com/article.cfm?id=why-migraines-strike Mayo Clinic. â€Å"Migraine.† 2007. Mayo Clinic. 16 Nov 2008. mayoclinic.com/print/migraine-headache/DS00120/DSECTION=allMETHOD=print NINDS. â€Å"Headache: Hope through Research.† 2008. NINDS. 16 Nov 2008. ninds.nih.gov/disorders/headache/detail_headache.htm

Thursday, November 21, 2019

Occupations that are more dangerous then the building trades Essay

Occupations that are more dangerous then the building trades - Essay Example The freezing waters, unpredictable storms, harsh weather conditions, handling of the heavy fishing machines and attacking by water creatures, are the causes of high fatality rate in the fishing industry. In 2008, fishing industry had an average of 129 deaths in every 100,000 fishermen, and 61 injuries in 100,000 fishermen, hence ranked the most dangerous occupation in the world. Aircraft pilot is among the most dangerous occupations in the world. Its death rate is 57.1 per 100,000 pilots. Bush dusting and crop dusting are the most fatal. This is because flying very close to the ground in small planes can be very fatal. Pilots work for very long hours, and pilots have very limited options in saving their planes when crushing (Cullen). Most farmers and ranchers are over 65 years, and they use tractors, heavy machinery and herbicides. Inhalation of herbicides and other chemicals, long working hours during planting and harvesting causes a great risk to their health. This, therefore, makes farming and ranching among the dangerous occupations. . Truck drivers drive heavy trucks for long hours with no proper rest. Increased traffic, being alert for long hours, heavy vehicles with heavy loads create a challenge in this industry. When driving, the drivers can be attacked by robbers, murdered and even raped. The fatality rate stands at 18.3 per 100,000 (Cullen 67). Garbage collectors also face a great challenge. Hanging on the back of garbage trucks is very dangerous. The toxic materials, acids, blood in the garbage are harmful to the collector. The collector can be seriously injured or even die. The fatality rate is at 41.8 per 100,000 garbage collectors. An occupation is termed as safe by its ability to withstand harsh economic conditions. Health care is one of the occupations that can survive even in economic hardship. This is because; people will still need the health care services despite the economic situation. We cannot do without energy. Even