Contract and Italian Cuisine

Tullula Investments Ltd is a large South Australian company, which owns and operates many hotel and restaurants throughout Australia. Italian Cuisine Ltd, a food and catering business whose headquarters are in Brisbane, supplies goods commonly used by businesses such as Tullula Investments Ltd. On September 1, 2000, Italian Cuisine Ltd sent a fax to Tullula Investments Ltd, which read: â€Å"Can offer latest ‘Speedy Rice Cookers' at $100 each.†On October 1, 2000, Tullula Investments Ltd faxed a reply stating: â€Å"Will have four dozen. Need delivery by November 1, 2000.† Upon receiving the fax Italian Cuisine Ltd then wrote back to Tullula Investments Ltd saying â€Å"thank you for your fax which is receiving our attention†. Subsequently and prior to November 1, 2000, Italian Cuisine Ltd packed the rice cookers and loaded them on a van for delivery to Tullula Investments Ltd, but before the van set out, Tullula Investments Ltd phoned Italian Cuisine Ltd to say that they no longer needed the rice cookers.TaskDiscuss the legal position of Tullula Investments and Italian Cuisine in relation to the law of contract. Use case references to support your answer.  Having read the case study, analyse the case in respect to the following categories. Formulate your answer using these categories. Introduction – identifies relevant area of the law elements of a simple contractIdentify the issue(s) — offer and acceptance, intention to create legal relationsDefine and examine the laws and principles of offer and invitation to treat (ITT)Apply the laws and principles to the fact — rules of offer and ITT (objective test). Include relevant casesApply the laws and principles to the fact — rules of acceptance. Include relevant casesApply the laws and principles to the fact — issue of revocation. Include relevant casesConclusionCase study answer guide This is the answer guide to the Tallula Investments case study. Comp are your response to this guide and make sure you have covered each of these points.†¢State relevant area of law — contract, in particular simple contract †¢Outline elements of a simple contract †¢Identify elements with which there is a problem — offer + acceptance = agreement (Has there been a genuine offer, which meets all requirements of law? Has there been an unqualified acceptance, which meets all the requirements of contract law?†¢Fax by Italian Cuisine to sell rice cookers at $100 does not constitute an offer but an intention to trade (ITT) or supply of information. Define and discuss Case reference: students may quote any case which discusses the difference between ITT and genuine offer, eg they may apply the test from Carlill v Carbolic to demonstrate their answer or Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) (1953) 1 QB 401 or Partridge v Crittenden (1968) †¢Tallula Investments' reply by fax on 1 October, 2000 is not an acceptance but offer to buy the cookers at $100 each. Define and discuss Case reference: Harvey v Facey (1893)†¢Acceptance: define. Apply Italian Cuisine's response to Tallula Investments first reply â€Å"fax receiving attention† is not an unqualifiedd acceptance of Tallula Investments' offer Silence is not acceptance see Felthouse v Bindley (1862)†¢Revocation — define an offer can be revoked before communication of acceptance by offeror case reference Goldsborough Mort & Co Ltd v Quinn (1910) Apply: Therefore Tallula Investments would be entitled to revoke their offer before delivery of goods takes place.Model answer Below is a model answer based on the previous categories. The green highlighted text shows how the law has been applied to the facts. The yellow highlighted text shows relevant case citations.The case study deals tih a simple contract, which is not required to be in writing. The elements of a simple contract are: 1.Intention to create legal relations 2.Offer and acceptance (an agreement) 3.Consideration 4.Capacity of the parties 5.Certainty of terms 6.Legality of objectThe main issue in this problem is whether there is an ‘agreement' – offer and acceptance However, on the first element of intention to create legal relations, it is clearly a business/commercial relationship between Tallula Investments Ltd and Italian Cuisine Ltd and therefore the presumption is that the parties intend to enter into legal relations. There is no evidence to rebut this presumption (see Jones v Vernon Pools). The next issue to be dealt with is the ‘offer'. Has Italian Cuisine made an offer to Tallula in the fax September 1, 2000 which read: ‘Can offer latest speedy Rice Cookers at $100 each'In my view this is not a genuine offer, it is more in the nature of an invitation to treat. The words ‘can offer' is not a definite proposal to sell the cookers at the stated price but is simply suggesting that the Speedy Rice Cookers are available for sale. The test in deciding between an offer and an invitation to treat was set out in Carlill v Carbolic Smoke Ball Co which held that an ‘invitation to treat is a request for offers' and determined by the ‘ordinary person test'.Clearly here, we have an inducement sent out by Italian Cuisine to Tallula to enter into negotiations  for the purchase of the rice cookers. It is not a definite proposal, made with the intention that it becomes binding once accepted (see Partridge v Crittenden ). As the fax sent on the 1st September, 2000 by Italian Cuisine is not an offer we now need to consider the position with the Tallula fax at 1st October, 2000.This reply is not an acceptance. An acceptance is an agreement to be bound to the terms of an offer. The fax by Tallula is actually an offer to buy the cookers at $100 (see Harvey v Facey ).Italian Cuisine's response to the Tallula Investments' fax ‘receiving attention' is not an ac ceptance to the offer. An acceptance must be clear and unqualified to be binding. It can be argued that Italian Cuisine is actually ‘silent' on the issue of acceptance an silence is not acceptance (see Felthouse v Bindley ). We must now look at the issue of the revocation and decide whether Tallula Investments is required to take delivery and pay for the cookers. Since Tallula made the offer to Italian Cuisine which was not actually accepted, they are entitled to revoke that offer. An offer can be revoked by an offeror before communication of acceptance by the offeree (see Goldsborough Mort & Co v Quinn). Tallula Investments therefore, do not have to take delivery or pay for the rice cookers as they are not bound by the contract of law.

Physical and Behavioural Indicators of Possible Child Abuse Essay

Emotional abuse: Emotional abuse can severely damage a child’s mental health or social development, leaving a lasting impact on his life. Physical indicators: There are not really physical indicators of emotional abuse, but the child may have frequent psychosomatic complaints, headaches, nausea, abdominal pains. Behavioural indicators: The child may have mental or emotional development lags. Sometimes the child’s behaviour is inappropriate for the age. The child may be scared of consequences of actions, often leading to lying. The other indicators are aggressiveness poor peer relationships or overly compliant, too well-mannered. Neglect: Child neglect is a very common type of abuse – a parent’s inability to satisfy basic needs of the child, whether it is adequate food, clothing, hygiene, and adequate monitoring and care for him. Physical indicators: You can understand that that the child is being abuse by unattended medical and dental needs. When the child is inappropriate dress for weather conditions and has poor hygiene. Other indicator is when the child is not attending school or is not registered. Behavioural indicators: Emotional indicators are depression, poor impulse control or have lack of parental participation and interest. Also the child misuse of alcohol/drugs or regularly displays fatigue or listlessness, falls asleep in class. The child may start stealing food, or begs for food from classmates. Physical abuse: Physical abuse includes physical injury or trauma to the child. It may be the result of a deliberate attempt to injure the child, but not always. It can be the result of strict discipline, the use of belt or physical punishment, inappropriate for the child’s age or it’s condition. Many abusive parents and guardians insist that their actions are simply forms of discipline, a way to educate children. But there is much difference between the use of physical punishment to enforce discipline and physical abuse. The main effect of discipline is to teach children what is right and what is not, rather than live in fear. Physical Indicators: Physical indicators may be injuries as bruises, welts, cuts, burns, bite marks, fractures, that are not consistent with the explanation offered (e.g. extensive bruising to one area).Also repeated injuries over a period of time or injuries that form a shape or pattern that may look like the object used to make the injury for example buckle, hand, iron, teeth or cigarette burns. Other indicators are facial injuries in infants and preschool children for example cuts, bruises or sores. Also bald patches on child’s head where hair may have been torn out or repeated poisonings and/or accidents. Behavioural indicators: Behavioural indicators are runaway attempts, fear of going home or stilted conversation, vacant stares or frozen watchfulness, no attempt to seek comfort when hurt, also when the child describes themself as bad and deserving to be punished. You can understand that the child is being abuse when cannot recall how injuries occurred, or offers an inconsistent explanation and often absent from school/child care. Abused child may flinch if touched unexpectedly and may be extremely aggressive or withdrawn .The child may also use abusive behaviour and language in play. Sexual abuse: Sexual abuse is a very complex form of abuse beacause of feelings of guilt and shame. Important to note that sexual abuse does not always involve contact with the body. Physical indicators: Physical indicators may be sudden weight change, cuts or sores made by the child on the arm or recurring physical ailments. Also when the child has difficulty in walking or sitting and unusual or excessive itching in the genital or anal area due to infection. Other indicators are torn, stained or bloody underwear, also injuries to the mouth, genital or anal areas for example bruising, swelling, sores or infection. Behavioural indicators: You can understand that the child being abuse when it is sad and cries often, also if the child inserts objects into the vagina or rectum. The child may also change or loss of appetite and has sleep disturbances and nightmares .Also the child has fear of home or a specific place, excessive fear of men or women or lacks trust in others. The child may has age-inappropriate sexual play with toys, themselves or others for example replication of explicit sexual acts.

ADULT DEV SLP2 Research Paper Example | Topics and Well Written Essays - 500 words

ADULT DEV SLP2 - Research Paper Example Thus when an individual turns into an adult he should not be taught, guided and directed as children. Secondly, when an individual enters into adulthood, they have captured huge amount of experience and information and this experience is of high value to them as this experience shapes their beliefs, norms and values. If teachers underestimate the experience of adult learners and start teaching them through their own experience like they teach children, adults tend to question what the teachers are teaching because their experiences might be different from what the teachers and the course material is informing them. As an individual enters the ages of adulthood, his/her demand for knowledge increases and his/her readiness to learn more even increases (Merriam, 1989). During childhood, individuals do not tend to care much about education and whatever they learn is more targeted towards completing a particular course and earning high grades in them. On the other hand an adult learns so he can practice what he has learned, thus they want to learn more so they can apply more and become successful in their jobs. Since adults are working and have jobs, they give more importance to the practical side of knowledge they are gaining from educational institutes. An adults learning is more task oriented than just for the purpose of gaining knowledge (Rubenson, 2011). This is why when educators teach theory to adults without informing them about the application of that theory, adults find that piece of information irrelevant and tend to ignore its importance. On the other hand if educators teach concepts wi th practical application to adults, adults will learn better and absorb more information. During adulthood, students prefer not to waste time as their social roles increase. Their social role may include role of father, son, employee, friend, student and husband. Thus, adult students have to devote their time and effort to all their

Home work Essay Example | Topics and Well Written Essays - 250 words - 1

Home work - Essay Example Often, this music is generated from computer-based sound systems to generate the necessary background of the play (The Open University, 2012). Ambient sounds. These are mechanical sounds like the clicking of drives or a CD-ROM, or opening of a drawer, or removing a bottle cap to demonstrate that something is operated correctly (The Open University, 2012). In the movie The Graduate, the viewer can hear the sounds of a closing door, voices of guests that are faded down, light switch or the sounds of the radio when music was played. You could also hear footsteps and sound of a vehicle being parked. (2)Using a film that youve watched in class, give an example of subtextual dialogue. Quote the dialogue using the format shown on page 91-2 in the text book. Summarize the text of the dialogue and then explain the dialogues subtext   This was lifted from the episode when Mrs. Robinson attempted to tempt Ben for a sex but was halted upon the arrival of Mrs. Robinson’s husband (Buck, 1967). Mrs. Robinson was so expressive of her desire amid outright refusal and confusion of Ben on how to feign responsibly to this desire without insulting and getting hatred from the woman and anger from her husband (Buck, 1967) (3) Choose a scene from a film that you watched in class. You can use Rear Window by Hitchcock Briefly describe the scene and its accompanying sound.. Explain in the detail how the various types of sound contribute to the atmosphere, plot and theme. In the scene 10 of movie Rear Window where Lisa sat on bed browsing magazine and travel book, the episode was accompanied by a love song to add meaning to unspoken passion as the man is limited by his disability to maybe sit or lay besides Lisa (Hitchcock, 2011). The director used the music to bridge love in this couple and to replace supposed dialogues. Hitchcock (2011) explained that to

Sustainability - Can it have a place in todays Construction World Essay

Sustainability - Can it have a place in todays Construction World - Essay Example However, prices have been levelling off or coming down since 2004. Any drop in prices of real estate is bound to affect consumer spending, since a large amount is financed by loans taken out against the increased value of real estate. The present scenario of low interest rates, and high oil and home prices has the look of the 1970's just before the worldwide recession set in. This time the inflation may not be so bad because the governments and banks are less likely to make the blunders they did in the 1970's and also the large work force of developing economies like China and India will help hold down the labour wage rates (Woodall). In July 1998, the 'Construction Task Force' led by Sir John Egan produced its report Rethinking Construction (Duffy, 2002). The need for the Industry to improve its performance was highlighted and it was suggested that the then current thinking and practices need to be drastically changed. The report highlighted the need for application of best practices to As a demonstration of the changes, a series of 'Demonstration Projects' showcasing the changed thinking, should be undertaken. The report suggested a need for a 'movement for change' that would be a dynamic, inspirational and non-institutionalised movement to bring about a radical improvement. The report led to further action with the launch of the 'M4I' Movement for Innovation in November 1998 (Azobuild). 'Constructing the Team' was the title of the report of the team commissioned by Government and Industry and led by Sir Michael Latham. This report emphasised the need for all elements of the Industry, namely, architecture, tendering, procurement and construction to work together as a team to revitalise the Industry and to engender high quality and high efficiency (Wikipedia). In this situation it is vital to understand the problems faced by the construction Industry (Industry) and the way forward to sustainability. Research Objectives: The objectives of the research would be to analyse the problems facing the Industry towards meeting the vision of the Egan and Latham reports and to suggest ways for improvement in current practices and systems. Special emphasis shall be placed on the need for improvement in costs, time and reduction in defects. The research shall focus on the team approach where all elements of the Industry form a cohesive whole to deliver quality product at the lowest cost and in the shortest time. Scope of the Research: The research shall be confined to the Industry and its primary clients, namely the housing aspect. Other types of construction where the client commissions a building or other civil construction in order to carry on some other business activity are specifically excluded from the scope of the study. The report shall specifically address itself to the basic questions raised in the reports of the Egan and Latham committees on the industry having to readdress itself to focusing on becoming client targeted, integration into teams throughout the supply chain and developing a respect for people. Research Methods: The objectives of the research shall be achieved by following a structured approach consisting of the following steps: 1. A detailed survey

African-American Muslims in Philadelphia Essay Example | Topics and Well Written Essays - 1000 words

African-American Muslims in Philadelphia - Essay Example Though the roles of men and women are clearly spelt out in the Quran, the bone of contention is: How are African-American women perceived or treated in this religion? While these women put themselves on the same equal ground as their male counterparts, the media and Americans in general see them as a subjugated group. Sunni African American women believe that Muslim is the first and only religion that is centered on feminism. They recognize this religion as their source of redemption in a male dominated world. Even though their opinions and views may seem absurd to most Americans, the religion keeps growing in popularity among the Blacks. It is worth noting that men were attracted to Islam as it put a lot of emphasis on male leadership1. Elijah Muhammad used this opportunity to affirm the role of both men and women in religion, leadership being the primary role of men. In African-American churches, leadership positions were mostly taken by women with one overall male leader- the pastor. Black women were also attracted to Islam despite being reduced to housewives and child bearers by the sect. This was due to how they viewed Muslim men and the respect that the religion accorded women and children. Unlike their irreligious or Christian counterparts, Muslim men were responsible, focused, loved their women and were always smart in suits. This attracted the women to the sect. Many came from abusive and dysfunctional families; Islam offered a source of reprieve and comfort for them. Elijah called for the men to protect and provide for their black women to preserve the purity of black skin and to discourage interracial relations with the whites. It was not for the benefit of the black women. In fact, men were in control of their spouses bodies. The only time men were not allowed to copulate with their wives was during menstruation and when they were sick. Regardless of whether she was in the mood or not, a Muslim woman was mandated by her religion to meet her

The News Corporation Case Study Example | Topics and Well Written Essays - 5250 words

The News Corporation - Case Study Example Especially, in this year TNC acquired the film company Twentieth Century Fox. The acquisition was drawn attention since it provided the company with access to studios for making films and television programmes, to a film library and to a distribution platform which created opportunities for TNC develop and expand its businesses to a multinational, multimedia company at the forefront of global marketing. From then on, TNC became a citizen of the global village. On Feb 5th 1989 TNC launched Sky Television in the UK, a direct-to-home (DTH) satellite broadcasting television network. Satellite broadcasting provided the opportunity for broadcaster to increase the footprint (distribution) of any channel, allowing the distribution of programs to more than one country for the first time. It was seen of great importance for the media industry in term of distribution channel. In the 1990's the economy was slowing down and banks worldwide experienced a liquidity crisis. TNC experienced a bad performance from Ansett Airlines and Twentieth Century Fox. The investment of new printing equipment for the UK resulted in a financial gap. Due to that fact, it was realized that the company needed restructuring to repay all loans. There were a number of key issues with regard to recovering the company: After experiencing Strengthening the company's balance sheet Improving and expanding existing businesses Building new businesses Nurturing and guiding of company's products Strategic planning, examining opportunities around the world After experiencing bad performance in its business and restructuring of the company, TNC has endlessly expanded its business throughout the world and notably as early as 1993,TNC moved into Asia with the acquisition of the Hong Kong-based satellite TV company Star TV, which broadcasts free-to-air over China, India and other 51 other countries. These markets were seen potential for TNC in a long run as they cover around 2/3 of the world's population. 1995 TNC joined with 3 other television, programming, and distribution groups to create a satellite service covering Latin America. This showed joint venture and alliances are in strategic choices of TNC which can help the company be better off in a long run and a beneficial for the parties involved and can offer more values for the customer. 2000 TNC restructured all its satellite interests into a new entity named Sky Global so as to enable the management team to build on the successes of BSkyB and to migrate those to the other satellite platforms of Sky Global.With regard to parenting, TNC was the creation of one man. Rupert Murdoch has been the chief executive since 1953. He is the driving force and most major decisions are made by him. His management style was supplemented by an extremely efficient reporting system. The business is built on Rupert Murdoch's Empire and his vision, ruthlessness and daring. He maintains control of his businesses by looking outside of the business to the regulatory environment that might constrain his activities. Besides that, Murdoch was affected by national regulatory systems and his political friendships have brought him influence in this area. In addition, his personal politics are right

Product and Place Marketing Activities Movie Review

Product and Place Marketing Activities - Movie Review Example Bob McDonald, Procter & Gamble’s CEO, insists the customers will prefer the higher priced better quality P & G products over the lower priced low-quality competitors’ alternatives. (Money.CNN.com, 2009). Wal-Mart’s Green Balancing Act. Wal-Mart offers its grocery-based green products in a place where the target customers can easily reach. The grocery is located in major communities. The strategic plan of the grocery is to sell organic food to the community. The current and future customers visit the nearby Wal-Mart branch to purchase Wal-Mart’s several organic food alternatives. The company cares about sustainability. By prioritizing the marketing of green products, the company is able to achieve its sustainability goals. Consequently, people who need the healthy food sources are able to travel to the next block to purchase another vegetable product (Money.CNN.com, 2010). Further, Supermarkets arrange the product choices to persuade the customers to buy more than what they really currently need (CBSNews.com, 2009). Swagger Wagon/Toyota. The company produces a very persuasive Toyota car promotion advertisement. The promotion includes singers promoting the safety, comfort and other attractive benefits of owning the Swagger Wagon Toyota car. The singers dance to the melody of the song. The promotion advertises the car’s benefits for the Mom, Dad, and children. The male singer represents the child-caring dad. The female singer depicts the wife or mother who feels the car helps the mother’s resolve her determine whether the children are safe. The promotion, advertisement shows the Swagger Wagon Toyota car helps ensure the safety and location of the young child (Youtube.com, 2010). Next, Rosco emphasizes K-9 dogs are used to determine if the cast iron is high-quality products (Youtube.com, 2009). Exotic Car Rentals Rev Up. Gotham Dream Cars offers reasonable car rental rates.The company offers

Inflation is here to stay, as prices will always go up Term Paper

Inflation is here to stay, as prices will always go up - Term Paper Example d fixed value in it, therefore, even if money was saved without using the banking system, it could purchase almost the same amount of goods fifteen to twenty years later compared to the time when it was first saved. Inflation started being experienced when the US decided to start using gold standards. Presently, when the government experiences shortfall in terms of cash, it purchases some from the Federal Reserve (Gosling & Eisner, 2013). The additional money that is put into circulation results in an imbalance between money and goods and consequently prices increase and inflation is experienced. There have been instances when inflation has been considered as invisible tax, as it is seen as the means used by the government to get free money from the public. The amount of commodities available might also drive the prices upwards, for instance, oil prices continue rising as a result of war in the major oil producing areas. The increase in prices is not entirely attributed to the war, b ut to the damage on the infrastructure including damaged pipelines and incapacitated refineries because of the war, which have led to a reduction in production, by almost fifty percent. The effects of inflation have thrown nations in to prolonged periods of instability and central banks always seek to be watchers of inflation. Numerous politicians have won elections through promising the electorate that they will fight inflation but they lose their positions when they are not able to achieve this (Perry, Serven & Suescun, 2008). At some point, President Gerald Ford made a declaration that inflation was public enemy number one in 1974. It is therefore important to understand that inflation denotes the rate of upsurge in prices through a specific time and is usually a wide measure like a universal intensification in prices or an upsurge in costs of living in a nation. However, it can also be narrowly calculated, for instances of particular commodities like food and tuition fees in

Blood Brothers Essay Example for Free

Blood Brothers Essay Her gestures towards Eddy were quite fidgety, she was always fretting over him- making sure his clothes and hair was neat so he looked respectful. This constant need to make Eddy look neat would be so the Lyons family kept up their reputation and Mrs. Lyons may have also been trying to cover up any likeness between Mickey and Eddy, so she was constantly fidgeting over him. This attitude was also reflected in the atmosphere she generated, as she was always quite nervous and twitchy, because she was always worried that the public or her husband would find out that Eddy wasnt her child and that he was the offspring of a working class family. You can see this nervous attitude from her facial expression as she always carried a worried look, and also from her body language as her hands always flustered nervously. Mrs. Lyons relationship with Mrs. Johnstone got more impersonal as the play went on. They stood further apart from one another and they spoke in raised voices. Mrs. Lyons was very protective of Eddy so she walked and sat very close to him all the time and didnt like feeling that she has no control over him. Narrator Phillip Stewart: I think that the narrator was the character that had the highest status on stage. He didnt emotionally relate to any of the characters. You could see this reflection of impersonality towards the characters when he was face to face with a distraught Mrs. Johnstone or an excited Mickey his facial expression didnt alter, showing he had no understanding of the characters emotions. The fact that the narrator didnt relate to any of the characters, means that they fear the narrator and are intimidated by him. Further more, the fact that the characters were actually aware of the narrator is unusual as most narrators are kept separate from the characters. This may be because the narrator acted as something more spiritual, like he was a figure of destiny or life who is moving the actors around like chess pieces. He would creep up on people, or pull them away as he had the power to do this. He stood tall, had a domineering presence and was the person with the most authority. His accent, like his costume, was neutral, his tone was quite deep and the volume of his voice was load throughout the whole of the play. Mickey Johnstone Stephen Palfreman: Mickey was brought up in the Johnstone family so he had the same accent as his mother- Liverpudlian. 7-8yrs: He was amazingly energetic and he completely took over the stage when he came on. He shouted, ran around madly, spoke in a high-pitched voice, muddled up his word and so reflected a seven year old boy in a physical and intellectual state. When he first came on stage he was banging on his door and sat down like this: He started picking his nose e. t. c. He fidgeted constantly, scratching himself, and typically stretching his jumper over his legs. To reflect his age he spent a lot of time on the floor, as it was an adult playing a seven year old this made him look shorter. He was very over powering, so when he was talking to the other characters there was about an inch between them-nearly nose to nose, so obviously like any seven year old he had no sense of personal boundaries. 12-14yrs: At this age he was desperately trying to impress Linda so he was doing typical guy poses and walking with a skip in his step to try and look cool. He also talked to her in a deep, what he thought to be, manly voice. He really wanted to impress Linda but he was also very nervous especially in Act two, Scene 1 when Linda asks Mickey to help him over the gate and as he approaches her she screams be gentle, be gentle Which puts him off completely! 18+: Now he seemed a lot more serious because as hes on his own. When hes in prison you could see him slowly going mad. The carefree attitude he used to have had now disappeared. He was always very edgy, and he barely moved. In prison he was edgy but he felt safe, once he was out of prison he got even worse. He got angry with Linda when he didnt get his tablets and he was constantly sweating. His relationship towards Linda was reflected in his body language, as he seemed to stop showing affection towards her and never liked standing to close to any one. This distance was in contrast to the seven year old Mickey. Eddy Lyons -Mark Hutchinson: Eddy took after his mother in his accent as his was also quite posh. The tone of his voice was quite feminine and it was like this through all ages. 7-8yrs: Unlike Mickey, Eddys voice was quieter and his movements were timid but once he was with Mickey and wasnt being over shadowed by his mother he could let go. A typical example of this would be when Eddy, Mickey and Linda get caught by the police throwing stones through windows, and the policeman asks him: Whats your name? And Eddy replies: Adolph Hitler! So you can see that Eddy could be brave, even more so than Mickey and Linda, he just needed to be let out of his shell. Eddys lexis was a lot different to Mickeys as he used words like smashing and goodness; whereas most of Mickeys lexis consisted of swear words. Eddy didnt seem to change that much from the age of 7-18 years old. He still has quite a feminine voice he just sounded matured. As he grew up Eddy spent less time on the floor so he was taller, Mickey also used this tactic. Also, Mickey didnt influence him quite as much. Eddys relationship with the characters was reflected in his distance between them and his body language. When Mrs. Lyons was fidgeting over him he tried to stop her. At first the distance between him and Mrs. Johnstone was far but as the play went on they got closer showing that their relationship was growing closer. Linda Louise Clayton: Linda 7-8yrs: She had come from the same class as Mickey so she had a Liverpudlian accent too. Her voice was quite high pitched she was also very energetic. Her gestures and the distance between her and the other characters reflected her affectionate personality and like Mickey she had no sense of personal boundaries but she was a little more gentile than Mickey was! 12-14yrs: Now she was very confident especially towards Mickey. She was constantly telling Mickey that she loved him in public even though he didnt really like it that much. Her gestures were quite sexy towards Mickey as was her movement-swaying her hips as she walked was one example. 18+: Her tone was now a lot more mature and so were her clothes. When she went to go and visit Mickey in prison she always put on a happy face. As she was older she had more responsibilities so she wasnt as energetic and happy as she used to be. Marriage seemed to have trapped Linda and all she wanted to do was to go back to her old carefree life. This was probably why she kissed Eddy because it was like starting again but you could always see that she still really cared for Mickey. Once Mickey was out of jail Linda tried to get close to him and to understand him but he just turned her away. The fact that she stayed with him showed just how much she cared for him. Her body language and gestures towards him werent as confident as they were when she was fourteen. It was Mickey who had the most comical value out of all the characters. When he first made his appearance in Act 1, Scene 2 as a seven year old, fidgeting madly and pulling his jumper over his knees it was really funny. When he was a teenager and he was trying to impress Linda he spoke in a deep voice, which made the whole audience laugh out load! When sadder moments in the play came the lights were usually blue. The final scene of the play was a mixture of passion, fear, tension and sadness. When you were sitting on the edge of your seat wondering who was going to shoot whom, you could sense the tension in the auditorium. You could see the passion between Mickey and Eddy as they found out they were brothers from just looking at their faces and the fear from Mrs. Johnstone and Mrs. , Lyons as they feared that Mickey was going to kill Eddy. I thought that the play was very thought provoking as it made you think about the social injustice of our society today. This social injustice was the plays main theme along with superstition as the narrator frequently quoted superstitions like-new shoes on the table. Social Injustice is the basis of many other plays like Teechers by John Godber. This play sends the message through the ideal of school, and the social injustice at the school. I really enjoyed the play and I would definitely go and see it again. I thought that all of the actors performed their characters brilliantly and showed absolute commitment to their role throughout the whole of the play. They seemed to have got into their characters and know them of by heart.

Relationship Between Welfare Policy and Healthcare in the UK

Relationship Between Welfare Policy and Healthcare in the UK I Health and Public Policy Introduction: Social Policy is public policy that relates to health, employment, poverty, education and welfare issues and focuses on social services and welfare state. Social policy is the study of social welfare and how it relates to politics and society. Social policies refer to government policies relating to welfare, social security and protection of an individual in a state and the ways in which welfare is developed and administered in a state (Hill, 1986). The principal areas of social policy aimed towards government objectives of a welfare state are: Administrative practices and policies of social services which include health, social security, education, housing, employment and community and social care Policies towards tackling social crimes, and problems with unemployment, drug abuse, disability, mental health, learning difficulties and old age Socially disadvantageous issues of race, gender, poverty and the related collective social responses and responsibilities towards these conditions The broader subject area of social policy is heavily dependent on disciplines of sociology, management, political science, philosophy, law, psychology and social work. The aims and objectives of a British Welfare State highlight the importance of well being of every individual with a range of services provided to protect people in conditions such as sickness, poverty, old age and childhood and in such a sense , welfare is more than needs fulfillment and relates to complete well being of individuals. Welfare provisions are based on humanitarian, religious, democratic or practical concerns and involve economic and social benefits such as eradication of poverty and governmental duty and social responsibility (Hill, 1986). In this essay we will deal with the relationship of welfare and social policy with health care, especially within the UK through the NHS systems and department of health. For an analysis of health and public policy within the UK we will analyze the stages of health policy, the rationale for such policies and how these policies are carried out through a health service network. Health care coverage provided worldwide is given in a comparative chart below. UK, Sweden and France is seen to have the same level of hospital and ambulatory care services with USA showing lower levels of health care services when compared with worldwide standards. Health Care and Social Policy The definition of health can be given in terms of cultural standards in which health is a standard of mental and physical well being according to a particular society and a general good health is necessary to perform mental and physical activities optimally. Health is also defined normatively as an ideal mental or physical state. Health depends on several factors such as biological factors, environmental factors, standard of living, social factors, nutrition, and psychological or emotional factors (WHO, 2005). Improving sanitation systems, providing medical care and support systems and clean water supply to prevent infectious diseases are the general responsibilities of health authorities (Jones, 1995). Inequalities in health especially in the UK can be due to poverty, or differences in social class as certain categories of people may be more aware of their health and fitness needs than certain others (Graham and Kelly, 2004). Health policy in the UK is implemented through a wide health care network provided by the Department of health and NHS. The different branches providing health care in the UK include the Hospitals which provide care to patients for both acute and long stay illnesses and provide medical facilities such as emergency treatment, psychiatric care or continuing nursing care. The governmental emphasis is to minimize all long term needs which can be considerably expensive and offer a full range of care in the hospitals providing acute services. Primary care is more basic medical treatment and refers to non-hospital care including general family practitioners and general physicians, professions ancillary to medicine and domiciliary health care such as occupational therapy (Allsop, 1995). Ambulatory care is distinct from, yet a category of hospital care as it includes primary care and day care in hospitals. Public health policy is a general care strategy including preventive medicine such as screening and health education and several areas which may not be directly linked to health services such as housing, water supply, sewage disposal, food hygiene and general poverty and employment conditions which are also factors related to health. For health of a population in a state, public health needs and related issues are very important under the health care policy at a governmental administrative level. For medical care in practice, primary care provided by primary care trusts of the NHS and services of general physicians are important at a more social level. Hospital care and medicines provided involves the highest costs for the NHS, is an important political issue for the UK government and has the highest priority for the NHS health policy implementation (Wall, 1999). Some of the Health policy objectives and strategies on health care identified by the NHS and Department of Health are given below: (NHS, 2005) Modernization Policy Primary Care Policy Secondary Care Policy Integrated Care Policy Patient Centeredness or Patient-centered Care Policy Complaints Policy Occupational Health and Safety Policy Social Services Performance Assessment Policy Information Policy Within the organizational improvement plans, the NHS health improvement modernization plans (HIMPs) involve a three year planning framework and details roles and responsibilities for the NHS primary care trusts (PCTs) and builds on the Planning and Priorities Framework (PPF) guidance issued in 2002. Within this framework PCTs are responsible for developing new Local Delivery Plans (LDPs) and any additional PCT owned local plans (NHS, 2005). The planning of Health Policies for modernization and improvement of services within the NHS consists of the following six steps that are to be maintained in every organization and community: This is given by the Department of Health official report 2003-2006: The areas of responsibility for NHS and Social services for health policy implementation are given in the table below. In terms of Primary care policy, the NHS and social care long term conditions model laid down health policies and models for long term care to cases already under NHS treatment. Some of the key objectives and targets within the Primary care policy are given as : The three levels of the Health care delivery system are given by the Department of Health as follows: DH, 2005 The NHS social care long term conditions model is given as: Source: NHS Organizational Health Policy The implications of NHSD complaints policy have been emphasized in a recent NHS report and include the following conditions Complaints Policy Implications: It has been recognized that how well the policy works depends largely on attitudes of individual members and the culture of the organization and although complaints act as potential sources of improvement of health care services, these are also indicative of the high level of dissatisfaction regarding current health care procedures. There is considerably higher level of complaints for family health services as it has been identified that in primary care services are n a small scale and informally managed and the role of individual practitioners are more important than the organizational network. Satisfactory and prompt resolution of complaints has been identified as important to improving health care services (Allsop, 1995). Three factors in particular are likely to be central to improving performance as given by the NHS and Department of Health a realization that complaints management is an explicit part of the performance  management framework. The board of every NHS organization should be held accountable for the performance of the  organization in handling complaints. And the board should ensure that: (a) all staff are  adequately trained to deal with complaints (b) staff managing complaints have adequate  administrative and technical resources and also access to managerial supervision and support; and (c) the complaints procedure is integrated into the clinical governance as well as quality framework of the organization. Consideration should be given to the development of a National Service Framework or its  equivalent for the management of complaints. (NHS, Complaints Procedure National Evaluation, 2001) The National strategy for IT and computer services help deliver an up to date medical service to its people, through the NHS information policy. Some of the strategic directions of the information policy in the health care sector include: (See in Allsop, 1995; Wall 1995; NHS 2001 report) Specifying the level of national direction given for IT by evolving and simplifying management structure and responsibilities within both the DH and NHS at regional and local levels; to deliver change quickly following an implementation approach in phases – focus at a time on quickly delivering a limited portfolio of activity, nationally,that can be built on by subsequent phases; management of increased levels of funding with clear central direction and control; a structured partnering approach with IT Industry to deliver new IT systems across the NHS; coordination, acceleration and simplification of procurements to ensure we get value for money while moving at a faster pace, and cutting down on unnecessary time and cost to the health care industry Consideration of radical outsourcing options that can add pace and value to the programme; Emphasis on changed working practices in the NHS; Benchmarking progress against best practice companies Building IT and networking connectivity, so that all staff have the access devices they need to share information; and Creating national standards for data quality and data interchange between systems at local, regional and national levels so that even the public can have access to information stored and accessed at a national level. A National Strategic Programme for Health care modernization and improvement and provisions of services in general can be given by the following architectural model provided by the Department of health: Information Health Policy – Source DH Conclusion: In this essay we discussed health care and social policy in terms of its stages of development through a three year plan and IT approach specifying levels of health care services that are provided and NHS social care through interaction of proper infrastructure, delivery strategies and desired outcomes of treatment. The focus is on reducing waiting times for emergency treatment or health services at hospitals and primary care centers. We highlighted the importance of modernization, updated IT systems, primary care services, complaints policy and patient centered care as important aspects of health policy followed by the NHS laying down strategic programmes, directions and objectives for an overall health care system as a social and public policy. In the next discussion we would examine the rationale and effectiveness of such policies within the context of political motivations and welfare objectives. II – Effectiveness of Health Policy Introduction: In this section we would examine the policies that have been implemented in the last few years within the NHS and have served as political and administrative tools both as a means of political achievement and measure of social services provisions (Batchelor, 2005). Evaluation of health policy followed by the department of health can be done by comparing target objectives with the attained levels of service. Evaluation can also be done by analyzing research studies, news reports and NHS and Department of Health annual reports on what are the specific targets that were achieved and which are the objectives that were identified and yet could not be achieved through their policies. The discussion would thus show the flaws in the health framework, the differences in aims and achievements and analyze why certain objectives could not be reached along with the strengths and weaknesses of the policies in general. According to the DH plans, ‘DH policies are designed to improve on existing arrangements in health and social care, and turn political vision into actions that should benefit staff, patients and the public’ (Department of Health, 2005). The DH notes that a DH health policy covers many areas of working including the way patients and the public receive care how NHS and social care organizations are run information technology and other facilities that support the delivery of health care. (DH, 2005) A policy is largely evaluated by three features as to whether it can be implemented quickly achieves its purpose does not create an unnecessary burden on NHS and social care staff. A policy is meant to help rather than hinder NHS working and thus it should be easy to implement, evaluate and give quick and significant results. DH Annual Reports – Targets and Progress The Target analysis given by the DH annual reports shows the targets and the extent to which the objectives have been achieved by the Department of health: the aim to transform health and social care systems so that it produces better and faster services to tackle health inequalities was emphasized along with the objective of improving health outcomes for everyone. (DH report, 2004) Target: Reduce substantially the mortality rates from major killers by 2010: from circulatory disease by at least 40% in people under 75; from cancer by at least 20% in people under 75; and from suicide and undetermined injury by at least 20%. Key to the delivery of this target will be implementing the National Service Frameworks for coronary heart disease and mental health and the NHS Cancer Plan. Measure : Death rate from circulatory disease amongst people aged under 75. Death rate from cancer amongst people aged under 75. Death rate from intentional self harm and injury of undetermined intent. Progress: A small but statistically significant increase in the number of deaths coded to cancers was identified, A small but statistically significant increase in the number of deaths coded to circulatory diseases was identified. Data for 2000-02 (3 year average) show a rate of 16.0 deaths per 100,000 population – a rise of 0.6% from the baseline (1995-97). Single year data for financial year 2001-02 show a rate of 313.9 hospital admissions per 100,000 population – a decrease of 2.3% from the baseline estimate (1995-96). A National Suicide Prevention Strategy was published in September 2002 led by the National Director for Mental Health. As this is implemented it will contribute to reducing the suicide rate. Although not statistically significant, there has been a small increase in numbers of deaths recorded to suicide and intentional self harm. 2. the second aim is to treat people with illness, disease, or injury quickly, effectively, and on the basis of need alone (DH report, 2004) Target Ensure everyone with suspected cancer is able to see a specialist within two weeks of their GP deciding they need to be seen urgently and requesting an appointment for: all patients with suspected breast cancer from April 1999, and for all other cases of suspected cancer by 2000. Measure: Percentage of patients with suspected breast cancer and other cancers able to see a specialist within 2 weeks. Progress: 99% of patients referred urgently with suspected cancer were seen within 2 weeks during July to September 2003. For the same period for breast cancer this figure stands at 98.2%. 3. a third important objective identified has been to enable people who are unable to perform essential activities of daily living, including those with chronic illness, disability or terminal illness, to live as full and normal lives as possible. Target: Improve the delivery of appropriate care and treatment to patients with mental illness who are discharged from hospital and reduce the national average emergency psychiatric re-admission rate by 2 percentage points by 2002 from the 1997-98 baseline of 14.3%. Measure: Average emergency psychiatric admission rate. Progress: Psychiatric re-admission rate in 2001-02, the last year data was collected on a readmissions within 90 day basis, was 12.7% narrowly missing the target by 0.4 percentage points. However, with the implementation of new service models such as assertive outreach, early intervention and crisis resolution, further falls in readmission rates are expected, though this might not manifest itself until after 2002-03. (DH reports, 2001) the fourth objective we have chosen for discussion is Improving patient and Carer experience of the NHS and Social Services.(DH annual report, 2004) Target: Patients will receive treatment at a time that suits them in accordance with their clinical need: two thirds of all outpatient appointments and inpatient elective admissions will be pre-booked by 2003-04 on the way to 100% pre-booking by 2005. Measure: DH monthly central data collection from January 03. Supersedes the Modernization Agency monthly project progress reports. Progress: On course: A monthly DH central data collection was introduced in January 03.The monthly data collection captures full bookings and partial bookings as they are added to the waiting list. This allows rigorous monitoring of progress towards booking milestones and targets. A Data Set Change Notice was issued in 2000 to the service in support of the new monitoring arrangements The Modernization Agency National Booking Team is assisting challenged Trusts to work towards achieving key booking milestones and targets. The Recovery and Support Unit (RSU) is also working with challenged Trusts. From April 2003, Strategic Health Authorities are responsible for managing and developing booking locally as part of their Local Delivery Plan (DH annual reports, 2004) We have delineated four important objectives among several health care policy plans laid down by the NHS and Department of Health. The first objective discussed is aimed towards providing faster and better services for improving health outcomes of everyone. This was specified as reducing mortality rates from killer diseases such as cancer, coronary heart disease and accidents. The targets however have not been achieved as there has been significant rise in deaths from cancer, heart disease and accidents in the last few years since the target was set. Although there has been a decrease in the number of hospital admissions, deaths due to suicide and intentional self harm have also gone up. From this analysis it is only suggested that the target for improving general health outcomes by reducing mortality rates has not been achieved as specified by the Department of Health. Examining the second objective of providing treatment to people effectively and quickly on the basis of need suggest that everyone with cancer or such ailments should be able to visit their GP within 2 weeks of their deciding to see their practitioner and waiting times should be cut down considerably. The progress report shows that 99% of the cancer patients were able to see their GP within 2 weeks of their decision and this suggests that the target objective in this case has been nearly met. The third objective we have highlighted is that according to the NHS plan, most disabled or chronically ill patients should be able to support themselves and perform daily activities and lead as normal life as possible. This was effectively studied by using psychiatric illness as an indicator of chronic disability and hospital readmission rates as important measures of finding out to what extent chronically ill patients are able to lead normal lives or support themselves. Although the readmissions measure shows that targets and objectives were narrowly missed in previous years, in more recent times due to assertive outreach and early intervention and crisis resolution, there were considerable falls in psychiatric readmission rates suggesting that some progress is definitely being made on general improvement of health of people who are chronically disabled. The fourth aim was improving patient and carer experience of NHS and social services provided by beginning pre-booking services and it is emphasized that all clinical services should be pre booked by the year 2005. This is largely a procedure under the aegis of the NHS modernization agency as pre booking services are also IT related and a general improvement of IT systems are associated with achieving this target. However according to DH reports, this target achievement is already on course and most of the health services are now pre booked and waiting times for appointment have reduced significantly. Following an analysis of objectives and aims and the targets achieved by the NHS according to Health care policy, we would take a look at performance of the health care sector and the ratings obtained by primary, secondary trusts. The results of 2002-2003 are given below: Overall there are 579 NHS trusts that have been rated for their performance in 2002/2003. Evidence on Health Policy Implementation – Issues From an analysis of DH annual reports on progress and targets that have or have not been achieved in the past few years, we no move on to clinical evidence and research studies that have formed the basic evaluative tool for health policy implementation appraisal. Ujah et al (2004) provided an evaluative study to establish the nature, extent and organization of occupational health services provisions for people within the NHS and reviewed the systems for monitoring NHS performance. Within the NHS trusts, human resource managers and occupational health managers were selected for the study and were invited to complete an interviewer led questionnaire. All the 17 trusts in which the interview was carried out claimed that they do provide occupational health service to their employees and the provisions and organization of these services were under the human resource unit. However only 29% of the trusts could provide a written health policy with 87% of occupational health mangers claiming that they only provide a rather reactive service based on patient needs, rather than health policy objectives. The authors discovered considerable variation sin the level, nature and quality of services provided by the NHS trusts and concluded as a result of their findings that there are significant differences in the level of occupational health service available to staff across the NHS in London. From this study it is evident that health policy as an initiative only serves as a framework for achievement and may not ultimately be followed in the same way as there are significant differences in the way policies are implemented in different NHS trusts. New health policies that tend to integrate education and training with research and implementation tend to support new practitioners to perform health care research and Bateman et al (2004) evaluate the policy of supporting health care professionals who have some interest in research. The authors claim that there may be considerable value in development of research objectives within the NHS RD wing and mention that ‘Future policies may need to address: the indicators used in measuring the success of such schemes; the relationship between what individuals choose to do and its context within national policy on research and development; and the sustainability of involvement in research’ (Bateman et al, 2004, p.83) Evaluating the information systems and up gradation of IT networking within the NHS, Wyatt and Wyatt (2003) argue that evaluating large scale health information systems such as in hospital systems can be lengthy and difficult procedure. However they discuss the reasons for which such evaluation is necessary and the appropriate methods to carry out these evaluations. This information as they suggest is supposed to be directed towards an assessment of health policy and is thus expected to provide feedback to health policy makers and help in improvement of health and public policies. The authors discuss many experimental designs to carry out their research and also study the impact of communications system within a laboratory setting, the potential problems and how they could be resolved. Wyatt and Wyatt conclude that the correct methods to evaluate health information systems in hospitals and clinics do not depend on the technology being evaluated but on the reliability of answers given for evaluation. Health policies such as patient centered care approach (Webster, 2004), integrated clinical governance (Cauchi 2005) and nurse led intervention services (Lees 2003) have been effectively implemented and successful although posing major challenges to NHS to constantly improve policies according to targets and objectives. Carter et al (2003) evaluated multi-disciplinary team working as a policy and the effectiveness of introducing new organizational structure within the NHS. Although the authors emphasized that as a result of this policy very little have changed so far, but the interests that such a multi-agency working approach has generated suggest that this may be the beginning of medical practice that can link the changes in work practices with improvements in quality of services[1]. Within the NHS framework, multidisciplinary team working is developing to expand roles of traditional institutional boundaries and form complex clinical networks. However these networks could become increasingly autonomous from current NHS structures. The authors discuss the possibility of forming chambers for doctors as well as other professionals as a means of working together in groups. Multilevel working at the NHS is as of now a very effective health care policy but needs even further evaluation and suggestions f or improvement. Conclusion: Within this particular discussion we have tried to analyze the health care policies and targets and evaluated these objectives in terms of achievement and progress in policy implementation within the health care sector in the UK. For our purposes we have used targets and progress report from annual results published by the DH. Evidential information on policy effectiveness have also been provided where we suggested that health care polici

The Epistemology of Hegels Introduction to the Phenomenology of Spirit

The Epistemology of Hegel's Introduction to the Phenomenology of Spirit In his Phenomenology of Spirit, G.W.F. Hegel lays out a process by which one may come to know absolute truth. This process shows a gradual evolution from a state of "natural consciousness" (56) (1) to one of complete self-consciousness - which leads to an understanding of the "nature of absolute knowledge itself" (66). By understanding the relation between consciousness and truth, one may come to know the true nature of our existence. Hegel proposes to answer these questions in one bold stroke; he relates them in such a way as to make an infinitely complex and indiscernible universe a unitary whole. This process from a natural state to a kind of transcendence leads one from the chaos of the immediate to the sublimity of the universal. Consciousness begins as what Hegel calls "a natural consciousness" (56). That which is known to this consciousness "will prove to be knowledge only in conception, not in reality" (56). This kind of consciousness assumes knowledge of reality that is often refuted. Hegel says, "since natural consciousness does forthwith think it really knows, it views its own experiential course in a negative light, taking the very realization of its conception to be instead its own loss" (57), demonstrating the frailty of this method of thought. To respond to this shortcoming of consciousness, some might attempt to find an absolute absolved from one-sidedness, from sheer relativity to the knowing subject. Others will not respond this way, however, instead spinning off into apathy, subjectivism, or nihilism (59). Those who do attempt to find an objective truth most often turn to science. Some have suggested that the intellect is an ... ...s to relate to that reality at all. Thus as one comes to be fully aware of consciousness, one becomes fully aware of absolute reality. Hegel describes a way by which one may come to know absolute truth. This process shows a transition from a state of "natural consciousness" (56) to one of complete self-consciousness - which leads to an understanding of the "nature of absolute knowledge itself" (66). By understanding the relation between consciousness and truth, one may come to know the true nature of our existence. Thus, Hegel answers these questions in one bold stroke; he relates them in such a way as to make an infinitely complex and indiscernible universe a unitary whole. This whole is not only total self-consciousness, but also total awareness of absolute reality. 1. * Page References are to the unpublished translation by Peter Fuss and John Dobbins.

Ernest Hemingway Essay -- essays research papers

Ernest Hemingway Ernest Hemingway based his writing on real life experiences concerning death, relationships, and lies. He then mixed these ideas, along with a familiar setting, to create a masterpiece. Hemingway was born on July 21, 1899 in Oak Park Illinois. One of Hemmingway’s first works was Indian Camp published in 1925. In many ways Indian Camp shows the relationship between Hemingway and his father. Hemingway then digs deeper into the past to create the love between Frederick Henry and Catherine Barkley, in A Farwell To Arms. Hemingway was later able to reflect his disgust of home life when he portrayed himself as the character Krebs in Soldiers Home, the character had problems with lies, women, and at home.   Ã‚  Ã‚  Ã‚  Ã‚  In the story Indian Camp the main character Nick and his father resemble the relationship between Hemingway and his father. Nick is a teenage boy that travels across the lake to an Indian Village. He watches his father, who is a doctor; deliver a baby by caesarian section to an Indian woman. Nicks father discovers that the baby’s father has committed suicide. Nick and his father have a conversation discussing death, which brings the story to an end. Hemingway grew up in a middle class suburb, where his parents Ed and Grace raised him. Ed was a doctor who took his son along on visits across Walloon Lake to the Ojibway Indians (Waldhorn 7). When Hemingway was young, his father made him have his tonsils removed by another doctor. The doctor did not use anesthetic while performing the surgery. Hemingway always held it against his dad for having his tonsils taken out, with out an anesthetic (Myers 48). Hemingway portrayed his father as the doctor in Indian Camp. In the story Nick asked his father about giving the Indian woman something to stop her screaming during the caesarian. Nicks father states â€Å"No. I haven’t any anesthetic†¦but her screams are not important. I don’t hear them because they are not important† (Tessitore 18). Hemingway uses the conversation between Nick and his father, concerning the suicide of the Indian, to show his distaste for his own father’s suicide. Nick: â€Å"Why did he kill himself, Daddy?† Father: â€Å"I don’t know Nick. He couldn’t stand things, I guess.† Nick: â€Å"Do many men kill themselves, Daddy?† Father: â€Å"Not very many, Nick†¦Ã¢â‚¬  Nick: â€Å"Is dying hard, Daddy?† Father: â€Å"No, I think its pretty easy, Nick... ...d his lost love, he produced the character Krebs who was troubled by female companionship. Krebs wanted a woman but was not willing to work for one. Krebs considered relationships too complicated and painful. Hemingway learned this from previous relationships especially the relationship between Hemingway and Kurowsky. Krebs who lived with his parents after the war continued to do nothing around the house. Tensions grew between him and his parents and Krebs was eventually driven out. Hemingway was almost identical to Krebs in the story. Hemingway is heart broken after the war because of Kurowsky. Tension had also grown between Hemingway and his mother. â€Å"Shortly after Hemingway’s twenty- first birthday†¦ his mother gave him an ultimatum that he had to find a real job or move out of the house† (Waldhorn 9). Both Hemingway and Krebs moved out and got jobs. Hemingway wrote form his past experiences form life. In Indian Camp it showed his relationship with his father. By leaving his childhood and entering the war, he was able to come up with the character Henry and Barkley in A Farwell In Arms. When returning home from the war Hemingway used Krebs in Soldier’s Home to express his distast

Possible Risks Which Affect Computer System Essay

Abstract The short report reveals about the possible risks that affecting the computer system in terms of data loss and malfunctioning of programs. By taking simple precautionary measures the unexpected hazards can be completely eliminated. The most significant preventive measure is timely backing up the data. The other involves physical safety and installation of anti-virus programs. One factor to be kept in mind is that without proper physical safety no data is safe, as the hardware parts including motherboard, processor, and storage system constitute a computer brain. Once the brain gets damaged the whole system is collapsed. Introduction Normally people never think of taking precautionary measures until they experience individual loss or feel the bitterness of unexpected disasters. This may also happen in most of the cases regarding back up processes against possible risks involved in information loss. There is no use of running after the data, which has already been a lost or taking bleak effort to regain it. But one has to be vigilant regarding the backup process by learning from the drastic experiences of others. If one realize about the importance of information stored in the system and feel the perspiration to create and process the data associated with it, he will never let it go by silly causes. Firstly he would concern about the protection of information by all possible ways. This short report reveals about the possible risks involved in data loss and the ways to eliminating those risks. Possible Risks to the Data There are several risks, which cause the data in the computer to vanish or to corrupt. Therefore different backup processes are to be adopted to protect data from different risks. Only a few numbers of backup processes are capable to handle all the risks and protect data loss. Here is a short description about the commonly seen risks to PCs. Hardware Failure It is termed as the most significant risk that may affect the data storage system. If a person is well aware of hard disk failure he never forget to backup the data timely. Disk crash may lead the system with irrecoverable loss of data and valuable programs. The other hardware failures include memory errors; system-timing problems, resource conflicts and power loss can also corrupt the data or damage the important programs. Ensuring proper dust free and moisture free atmosphere, timely scanning of disk, supply of uninterrupted power will minimize the above risks. Software Failure There is also a possibility of data loss due to software errors. It may be the result of improper or ineffective software design. Due to lack of proper logic and effective coding the program on execution may get hanged and because of that the data may get corrupted. â€Å"Some software bugs may be even more damaging, even causing the loss of files unrelated to them. † (SF). But rarely it happens. This risks can be eliminated by using of the trustful and reliable software. File System Corruption This problem generally comes due to the improper maintenance of system disks. If the disk is not scanned regularly there is a risk of transforming file structure used to contain information files and programs. It may cause damage of data and ultimately loss. Accidental Deletion It happens by simple mistakes of human as, rarely, important files may accidentally be deleted from the hard disk. By taking certain protection techniques and undeletion utilities the lost files can be recovered later. Proper backup of data in time and usage of proper undeletion utilities will negate the data loss from accidental deletion. Virus Infection Viruses are uninvited malicious programs that cause irrecoverable damages to the system files and important programs. The data loss can happen either due to direct Virus attacks or it can happen as a result to the efforts for removing viruses from computer system. By installing trustful anti-virus programs this problem can be eliminated. Other Risks Data loss due to physical activities of human such as Theft and Sabotage by dissatisfied employees is also a matter of concern. Same consequences are expected from the natural disasters such as Fire incidents, flood, earthquake, mud slide, hurricane, lightning strike, etc. at is on. Once the system is damaged physical no recovery can be expected from that. Therefore the only solution from the risk is to ensure physical safety of the system. So protect the systems from the possible physical hazards keep it physically as well as functionally safe. Work cited SFSource : Software Failures ; http://www. pcguide. com/care/bu/risks. htm

Coketown described by Charles Dickens †Criticism Essay

This passage has come across a monotonous and dull town surrounded by industrialization. There is no colour, no aesthetic beauty but just buildings and factories that are an eyesore to the whole town. This town was once a nice place and it was a town of ‘red brick’ but because of all the smoke, dust and dirt it has now all changed to black brick. There is no life left in the inhabitants of the town. They are just servers to the town and they aren’t even considered the characters of the passage. They are dehumanized and instead the buildings are the characters that take over. The buildings seem to literally take over the human qualities and are given priority and superiority to the people. There is no change or difference between one building and another. ‘The Jail might have been the infirmary; the infirmary might have been the jail’. There is a sense of sameness and uniformity. Other people get life out of what Coketown sacrifices. The people of this town are stuck with this lifestyle forever as there doesn’t seem to be any way out if it. The town is literally doomed. There is the image of ‘serpents’ which give off the evil part to this town. It is almost as if the people are under the influence of this evil task master from which the inhabitants can never hope to escape. There is also the image of ‘water’ which is usually the symbol of life and purity but in this case the water has become a victim of this so called progress. This lifeless town is basically sustained by what it makes and produces. These people are sacrificing their lives and their town in order to survive. The only thing that seems to be done in this town is work and more work; there are no natural sights or pleasure in its perspective. Everything is made just for purpose and function. Even the chapel built which is supposed to be an inspiring building and h ave meaning to people is described as a ‘warehouse’. There is a feeling of entrapment in this town such as the ‘bird cage’ image used. These people have no knowledge of life out of this town. They are mechanical soldiers who feel enslaved to working for this town and feel like it is their only purpose to life. The people are alienated from each other as they don’t even seem to try and change this strict and totalitarian system. There is nothing more than facts and nothing seems important besides facts. It is a perverted world where people have lost their humanity and inanimate objects get a life of their own. This town seems to be what controls the people and unfortunately the people all seem to be too intimated by the system that they won’t even consider speaking up about the corrupt lifestyle they all live each day. There is a major devoid of natural life and the people are helpless to the situation.

Grandparents Essay Essay

The bond between grandparents and their grandchildren is one that can never be broken and will always be cherished forever. They basically set up a bond as a parent would. They take care of them while their parents are at work, provide financial support, and providing much needed emotional support to make sure the children get the best childhood without stressing out which is bad for the brain and development. The presence of a grandparent helps stable a child throughout childhood and infancy giving that child support while the parents are not there. Research believes that an integration of the evolutionary, sociological, and economic accounts will be necessary to fully explain the impact grandparents have in their grandchildren’s development. Once the children have been exposed to the love and caring of grandparents they begin to treat them with isolation to help control what is to come with dealing with attachment. They are beginning to conduct disciplines to determine what it is grandparents do to prompt the development of their grandchildren.

Soren Kierkegaard

Project: Soren Kierkegaard: Mega Mind of the 19th Century Soren Kierkegaard: Mega Mind of the 19th Century As a man whose work spans across areas such as philosophy, theology, devotional literature, and more, Soren Kierkegaard is considered one of the mega-minds of philosophy and the 19th century. He was influenced by many people throughout his life, as well as influencing many people himself. With works that ranged from religious views all the way to developing a â€Å"new† way to view our surroundings, Kierkegaard was a very well-rounded and mentally profound man. There were few people that could influence such a profound mind at the time, but Kierkegaard found them both in church as well as in the realm of philosophy. As a whole Kierkegaard lead a rather boring life and was rarely seen away from his hometown of Copenhagen, Denmark. â€Å"[Kierkegaard] was educated at a prestigious boys' school (Borgerdydskolen), then attended Copenhagen University where he studied philosophy and theology. His teachers at the university included F. C. Sibbern, Poul Martin Moller, and H. L. Martensen (McDonald, 1996). † Moller had a major negative effect on Kierkegaard’s philosophic-literary development. In H. L. Martensen, he found the perfect match, someone who taught him in school and was involved in the church as well. â€Å"†¦when [Martensen] became Bishop Primate of the Danish People’s Church, Kierkegaard published a vitriolic attack on Martensen’s theological views (McDonald, 1996). † Martensen was considered one of Kierkegaard’s chief intellectual rivals. Another very important figure in Kierkegaard's life was J. L. Heiberg, the doyen of Copenhagen's literati (McDonald, 1996). † Heiberg influenced Kierkegaard to write his first major publication, â€Å"†¦From the Papers of One Still Living, [which] is largely an attempt to articulate a Heibergian aesthetics – which is a modified version of Hegel's aesthetics (McDonald, 1996). † Another group of people/entities that profoundly influenced Ki erkegaard were his mother, his father, and God. His mother had no visible impact on Kierkegaard’s writing, but â€Å"†¦for a writer who places so much emphasis on indirect communication, and on the semiotics of invisibility, we should regard this absence as significant (McDonald, 1996). † There was even another philosopher named Johannes Climacus that stated â€Å"†¦ ‘in Concluding Unscientific Postscript  remarks, ‘†¦ how deceptive then, that an omnipresent being should be recognisable precisely by being invisible’ (McDonald, 1996). † His father’s influence has been noted quite frequently in Kierkegaard’s works. Not only did Kierkegaard inherit his father's melancholy, his sense of guilt and anxiety, and his pietistic emphasis on the dour aspects of Christian faith, but he also inherited his talents for philosophical argument and creative imagination (McDonald, 1996). Kierkegaard was a very religious man, even though he did not attend church on a regular basis. â€Å"He perceived God and existence of life from a humanistic view emphasizing the total autonomy of man (Philosopher Kierkegaard, 2011). As almost a lone man standing, Kierkegaard was in seclusion publishing his writings for most of his adult life, due to the atheism of fellow philosophers of his time. â€Å"[Kierkegaard’s] legacy was his belief that our response to God should be one of unrestrained passion toward our beloved (Philosopher Kierkegaard, 2011). † During his later years Kierkegaard felt that the Christian religion had become corrupt through secular and political involvement, so he started to attack Christ endom saying that the individual is fully responsible for their faith in God without doctrinal influence. The Christian ideal, according to Kierkegaard, is even more exacting since the totality of an individual's existence is the artefact on the basis of which s/he is judged by God for h/er eternal validity. Of course a writer's work is an important part of h/er existence, but for the purpose of judgment we should focus on the whole life not just on one part (McDonald, 1996) Kierkegaard influenced others as well with his works that were published and unpublished throughout his lifetime. Kierkegaard’s Christian philosophy may have been rejected by clergy, but he certainly influenced individual Christians who became enamored with his theology. Most notably are American theologians Paul Tillich and Lincoln Swain, and philosophers from Europe — Karl Jaspers, Gabriel Marcel, Miguel de Unamuno — and from Russia Nikolai Berdyaev (Philosopher Kierkegaard, 2011) Kierkegaard is known as one of the fathers of existentialism. Existentialists are characterized by: * They are obsessed with how to live one's life and believe that philosophical and psychological inquiry can help. They believe there are certain questions that everyone must deal with (if they are to take human life seriously), and that these are special — existential — questions. Questions such as death, the meaning of human existence, the place of God in human existence, the meaning of value, interpersonal relationship, the place of self-reflective conscious knowledge of one's self in existing. Note that the existentialists on this characterization don't pay much attention to â€Å"social† questions such as the politics of life and what â€Å"social† responsibility the society or state has. They focus almost exclusively on the individual. By and large Existentialists believe that life is very difficult and that it doesn't have an â€Å"objective† or universally known value, but that the individual must create value by affirming it and living it, not by talking about it. Existential choices and values are primarily demonstrated in ACT not in words. Given that one is focusing on individual existence and the â€Å"existential† struggles (that is, in making decisions that are meaningful in everyday life), they often find that literary characterizations rather than more abstract philosophical thinking, are the best ways to elucidate existential struggles. They tend to take freedom of the will, the human power to do or not do, as absolutely obvious. Now and again there are arguments for free will in Existentialist literature, but even in these arguments, one gets the distinct sense that the arguments are not for themselves, but for â€Å"outsiders. † Inside the movement, free will is axiomatic, it is intuitively obvious, it is the backdrop of all else that goes on. There are certainly exceptions to each of these things, but this is sort of a placing of the existentialist-like positions. Corbett, 1985) Kierkegaard contributed to this movement with his works due to the influence of his father and others that are previously mentioned, with a melancholy typed self actualization mind set. Kierkegaard did not believe that everyone on earth had the same plan for life, or that they were all here for the same reason, in fact he believed the exact opposite, all people on earth have a different life path, whether that be Christianity or at heism, â€Å"plumber or surgeon†, smart or dumb, he believed that the individual has the power to fulfill whatever destiny they please. One xistential quote found was posted by an anonymous user stated, there is no luck, no fate, no ultimate plan in life, there is just determination†¦100% determination to succeed and make something of yourself. As one of the founding fathers of existentialism and a great mind of his time Soren Kierkegaard is now remembered as a mega-mind of the 19th century. With influences galore and a self actualizing personality, he formed a great reputation for himself. Maybe not recognized in his time, Soren Kierkegaard is by far one of the most influential philosophers of the modern world. References Corbett, B. (1985, March). What is Existentialism? Retrieved November 10, 2011, from Webster. edu website: http://www. webster. edu/? ~corbetre/? philosophy/? existentialism/? whatis. html McDonald, W. (1996, December 3). 1. Kierkegaard’s Life. In Soren Kierkegaard. Retrieved November 10, 2011, from Stanford Encyclopedia of Philosophy website: http://plato. stanford. edu/? entries/? kierkegaard/? #Chron Philosopher Kierkegaard. (2011). Retrieved November 10, 2011, from AllAboutPhilosophy. org website: http://www. allaboutphilosophy. org/? philosopher-kierkegaard-faq. htm

Kudler Fine Foods Computer Information System Essay

Kudler Fine Foods (KFF) is a California-based provider of a variety of high end foods, both local and from around the world, founded by Kathy Kudler in 1998. Since the opening of the first location, Kudler has opened two more locations in the San Diego area; Del Mar in 2000 and Encinitas in 2003 (About, 2011). As a growing business, Kudler’s needs are constantly changing, especially in terms of the company’s information technology and information systems. This paper will discuss the needs of the company in regards to business operations and accounting, as well as discuss the strengths and weaknesses of the systems currently in place. Based on the current technological opportunities, suggestions will be made to further improve these systems, and evaluate any threats that may affect these systems. Primary Findings Business and Accounting Needs Business Needs As a retail company, Kudler Fine Foods needs to run as smoothly and efficiently as possible. Kathy Kudler budgeted over $50,000 for Smith Systems to select and install the existing finance and accounting system, called Retail Enterprise Management System (REMS). REMS provides an Point-of-Sale module, or POS module, to automate all retails sales made, in detail. This system automatically reports this data to the accounting modules, as well as manages all credit/debit card transactions made in the stores. This helps to eliminate data entry errors by limiting the amount of data requiring manual input by employees (Accounting System Overview, 2011). Accounting Needs REMS also addresses the accounting needs of KFF, by providing applications for the general ledger, accounts payable, bank reconciliation, asset management and accounting modules. Each of these modules is interconnected with the POS, which allows for direct transfer of data between modules (Accounting System Overview, 2011). General Ledger Module. The General Ledger module includes the chart of accounts, and transaction details transferred y the POS system. This data is used to create the company’s budget and financial reporting. Due to the electronic transfer of data from the POS to the general ledger, this module requires minimal manual data entry (Accounting System Overview, 2011). Accounts Payable Module. The AP module allows for the check disbursement portion of the business to be done electronically. This module holds vendor data, tax and freight data, and accepts data from other modules that directly affect purchasing (Accounting System Overview, 2011). Bank Reconciliation Module. Data from the accounts payable, accounts receivable and purchase order modules are compiled automatically by the bank reconciliation module. This data is used in cash flow analysis for financial reporting (Accounting System Overview, 2011). Asset Management and Accounting: There was no module created for this portion of the business. Kudler needs to develop an efficient and economical way to track inventory and other assets, other than relying on the leasing company and spreadsheets (Accounting System Overview, 2011). Strengths and Weaknesses in the Current System Strengths The strength in the existing information system is that the modules that are installed reduce the manual data entry, thus eliminating unnecessary errors to the information, by allowing the modules to share information provided by the point-of sale machines. The POS system itself is a major benefit to the IT system as a whole, due to the number of transactions it is able to detail, catalog and parse to the interconnected modules. Secondly, the network set up at each location supports 3-4 POS terminals, an inventory terminal and a server terminal. Each individual network, for each store is providing enough storage power for the needs of each location (Information Technology, 2011). Weaknesses As previously discussed, the network setup has benefits on an individual store basis. However, the system as a whole is not sufficient in running a cohesive, multi location business. Kudler’s inventory systems are completely separate from one another, which could cause a serious issue in asset management within the company. A second weakness is the lack of policy regarding security within the system. This could lead to vulnerability to an internet attack for customer personal information and identity theft. Also, without back up procedures, there is no way for Kudler to prevent data loss, should the network(s) fail. Recommendations Based on the information above, the recommendation for Kudler and KFF would be to first, establish a set of security policies and back up procedures, in order to prevent hacking and data loss, respectively. In order to do so, Kudler would best benefit by reestablishing a working relationship with Smith Systems. Smith would then set up and maintain an offsite server that will service all three KFF locations, and allow the company to consolidate the three separate inventory systems. The offsite server would then serve as a repository for all accounting, inventory and human resources related items. Doing so will cut down the potential staffing and duplication in the inventory system. Additionally this would reduce the number of servers required, and thus reduce the potential of IT related hardware issues. Conclusion To conclude, Kudler Fine Foods uses and information system established by Smith Systems that sufficiently handles point-of-service retail sales receipts, and disburses the information to the appropriate accounting software modules. The modules receive the financial data from the sales to create financial reports, budgeting reports, and analyze accounts receivable and accounts payable. The system also maintains ordering and purchase order data, however, it does not maintain a single inventory module, which could track the sales of these items after the goods are received in the individual stores. In order for this to occur, Kudler needs to establish a solid set of security measures and procedures in the case of data loss. To address this, Smith Systems can be contracted to maintain an offsite server with security maintenance. This will help to prevent internet attacks by hackers searching for customer identification and credit card information. Once these changes are in effect KFF should see an increase in efficiency in the current systems in use.

Discuss the limited circumstances in which a duty of care might be Essay

Discuss the limited circumstances in which a duty of care might be imposed on a defendant for an omission - Essay Example The main reason why courts are reluctant to impose duties to act may be seen in the arguments made in the case of Stovin v. Wise. The court in Stovin found that requiring somebody to act is an invasion of individual freedom. Moreover, the court also found that the duty prevent harm or render assistance to others is one which is ascribed to a wide range of people, so to single out a person for failing to act is unjust, because one person should not be singled out to be held liable if there are a number of people who have the same duty. Moreover, imposing a duty on third parties for omissions is not generally done because of market distortions which might result. This is assuming that an activity should bear its own costs, and if some of these costs are imposed on others, then the activity might appear to be cheaper than it really is. Requiring compensation for negligent conduct reduces this effect. However, there is not this justification to impose liability on a person who is not vol unteering to spend resources on somebody else, therefore that person may not be rewarded. Just as the person is not rewarded, that person also cannot be punished, unless there is a special reason to do so (Stovin v. Wise). That said, there are exceptions to this general rule, which is the subject of this paper, which will examine these exceptions. Moreover, the cases where omissions were not held to be actionable may further illustrate why courts are hesitant to impose liability for omissions. Discussion There are exceptions to the general rule that omissions are not enough to give rise to negligence actions. For instance, if someone undertakes a duty to assume responsibility for somebody else, then the duty of care does arise, and an omission may give rise to a negligence claim. This was established by the case of Barrett v. MOD [1995] 1 WLR 1217. In the Barrett case, the claimant’s husband died after a night of heavy drinking. At some point, a Petty Officer Wells was instru cted to take the claimant’s husband back to the base and look after him. Although the Petty Officer did look after the claimant’s husband, the claimant’s husband was found dead at 2:30 AM. The Barrett court found that the claimant’s husband was responsible only for himself, but when the senior officer assumed responsibility for him, then the duty of care arose, and the senior officer was then responsible to go ahead and give appropriate supervision over the claimant’s husband. Therefore, once he took responsibility, if he did not act, in that he did not go and check on the man, then this omission would give rise to liability. Another example is the well-known case of Stansbie v. Troman [1948] 2 K.B. 48. In this case, a decorator was working on a house and went to buy wallpaper, leaving the door unlocked. Thieves came in and entered while he was away. The decorator was found to be negligent because he had a duty to take reasonable care to guard agai nst thieves entering the dwelling. Therefore, in the Stansbie case, although the ultimate cause of the theft was the positive act of the thief, it was the omission – the failure to lock the door – which made the decorator liable, because he was under the duty of care to make sure that the house was secure before he left. In this case, it was because there was a special relationship between the decorator and the claimant, because there was

Financial Intermediaries Assignment Example | Topics and Well Written Essays - 250 words

Financial Intermediaries - Assignment Example A drawback of the approach is that it is hard to observe bank conduct and that the approach excludes foreign banks in the determination of competition (Bell, Brooks and Prokopczuk, 2013 p.197). The Panzar-Rosse H-Statistic relates a firm’s conduct with models of different market structures such as monopoly, monopolistic competition, imperfect competition or perfect competition (Schaeck, Cihak and Wolfe, 2009 p.715). It demonstrates how the elasticity of a firm’s revenue differs under the different market structures. Although the model is quite straightforward under monopoly and perfect competition, imperfect competition, and monopolistic competition pose some complexities for this approach. The H-Statistic also assumes equilibrium for the banking market in the long-run. The Lerner Index uses the relationship between a firm’s price and marginal cost as a basis for the measurement of the firm’s market power. The index is a reciprocal of the price elasticity of demand and indicates the proportion price exceeds marginal cost. A disadvantage of the Lerner index is that it fails to demonstrate the substitutability of a product (Bell et al., 2013 206). The Boone Indicator assesses, in terms of strength, the relationship between efficiency and performance. Accordingly, superior performance is achievable for more efficient banks. Under competitive market conditions, banks show more aggression in order to achieve the superior performance as compared to competitors (Bell et al., 2013 p.206). The Boone Indicator does not share the disadvantages of the H-Statistic and the Lerner Index. It demonstrates the aggression more efficient banks employ in the exploitation of their cost advantage. As a measure of competition, Persistence of Profits proposes that entry and exit provide a sufficient avenue for the elimination of abnormal profits. Accordingly, profit rates for all firms would converge towards some average value in the

Class Action Lawsuit Research Paper Example | Topics and Well Written Essays - 1000 words

Class Action Lawsuit - Research Paper Example Player safety has long been a highly controversial issue in American football and traumatic injuries have been in the center of the causes. Prevention of injuries in this support has caught media attention and has been on public service messages and being dealt with on different training levels. Unfortunately, this has not been enough. The number of players suffering is large enough this time again to make a joinder impracticable; hence the class action lawsuit was filed, while others still continue to sue the league individually. The lawsuits accuse the National Football League of fraudulent concealment, material misrepresentation, conspiracy, negligence, obfuscation and negligent misrepresentation. The players claim that, whether or not they had played differently, if they were fully informed, the league’s failures would not get an excuse. They allege that the league failed to take proper precaution for the protection of its players from repeated hits on the head which resulted in brain injuries later in life. Players cite short term memory loss, depression, mood swings, long term brain injuries, dementia and chronic traumatic encephalopathy being suffered by many of them as a result of what was the National Football League’s responsibility. A master complaint has been filed, consisting of over 100 lawsuits at the moment involving over a 1000 ex-players, while the league vehemently denies the accusations. Being the plaintiffs’ attorney, it is natural to make the first move and make use of the tactical advantage and build the lawsuit based on the inherent advantage of acting first. Keeping the timing in control and handling the sequence of discovery accordingly, it is most appropriate to keep the defendant in a defensive position for the entire lawsuit and keep the players’ perspective dominating. The best course of action would be to take the steps to schedule the discovery and keep the defendant’s hands on to producing discovery which they cannot lawfully resist; a step further on requiring full details and a full paper discovery in depositions would enhance the chance for a favorable settlement or verdict (Coffee 677-678). A case filed when everything is set and ready is to be good enough to challenge the defendant's sufficiency in each of the answers to make it possible for a move to strike as an insufficient defense under US Federal Rule of Civil Procedure 12(f). The next step would be to keep the defendants on a firm deadline, be it the scheduling of discovery or trial dates, and get what you require in waves or groups of interrogatories and requests starting from the documents relating to the league’s information on head injuries and prevention followed by a wave of depositions of the league’s current and former employees and designates. The essential part in this approach would be to wait till completely making your case before producing the players in the court for testimony or deposition, not only keeping the defense lawyers anxious to get at the plaintiffs by raising comparative faults and judgment errors on behalf of players but also not giving them the opportunity to have a re-deposition. Producing the experts for opinion and fact verification and then questioning the defendant’s experts would maintain the initial advantage on the case, giving you the chance to question the defendant's documents and experts after they have had to question yours. Keeping a systematic approach towards the case