Monday, January 27, 2020
Comparison of Nursing Theories
Comparison of Nursing Theories Jessica N. Baker The grand nursing theories are too abstract to effectively guide practice, but they can provide a world view. Middle range theories, on the other hand, are less abstract, but are more easily linked to practice. Compare and contrast these two types of theory and how they can be used to inform ANP practice using one grand theory and one middle range theory as examples. Nursing theories are organized frameworks of concepts and purposes to guide nursing practice (Risjord, 2010). Two types of nursing theories are grand nursing theories and middle range nursing theories. Grand nursing theories encompass all aspects of the human experience and allow for general application whereas middle range theories are less abstract and are more specific (McKenna Slevin, 2008). Although there are similarities and differences between grand nursing theories and middle range theories both types of theories can prove to be useful when informing advanced nursing practice (McCrae, 2012). Grand nursing theories are broad in scope and relate to larger areas of nursing such as promotion of health for all individuals in a society (Powers Knapp, 2011). Although broad and non-specific, grand nursing theories provide several implications for advanced practice nursing. It is widely known that healthcare is constantly becoming more complex at an exponential rate. Because of rapidly increasing complexities the abstract nature of grand theories can be useful for complex phenomena relevant to nursing such as aging populations and complex disease states (Florczak, Poradzisz, Hampson, 2012). Grand theories can highlight the complexities of these and other complex issues concerning for advanced practice nursing in a global society (Im Ju-Chang, 2012). By using grand theories the advanced practice nurse can view each client both as an individual as well a part of larger systems (Florczak, Poradzisz, Hampson). One grand theory that can be used to guide advanced nursing practice is Neumanââ¬â¢s systems model. This theory uses prevention as the basis for health promotion and it provides a holistic and comprehensive approach to maximizing client health by focusing on stressors that influence the relationship between the client and the environment (Florczak, Poradzisz, Hampson, 2012). The environment is comprised of five interrelated biological, mental, environmental, social, and spiritual variables (Neuman Fawcett, 2012). The role of the nurse is to retain stability in the client-environment relationship through three levels of prevention (Florczak, Poradzisz, Hampson). These include primary prevention that occurs before the client experiences a reaction to a stressor, secondary prevention that occurs after the client experiences a reaction to a stressor, and tertiary prevention that occurs after the client has been treated through secondary prevention methods (Skalski, DiGerolamo, Gig lotti, 2006). Using Neumanââ¬â¢s systems model the advanced practice nurse can clearly identify appropriate interventions at different stages of disease processes (Lee, 2014). By discussing the five environmental variables with patients, partnerships can be created to mutually create goals (Skalski, DiGerolamo, Giglotti, 2006). The advanced practice nurse can also promote prevention through client education and counseling (Neuman Fawcett, 2012). Like grand nursing theories, middle range theories provide several implications for advanced practice nursing. Middle range theories can be described as the link connecting research and practice (Fawcett Garity, 2009). Middle range theories can be descriptive, explanatory, or predictive and each plays a role in informing and guiding advanced nursing practice (Fawcett, 2005). When compared to grand nursing theories, middle range theories have a narrower scope, greater levels of specificity, and greater ease of concept application (Powers Knapp, 2011). A middle range theory that influences advanced nursing practice is the theory of optimal client system stability. This theory was derived from the grand theory of Neumanââ¬â¢s systems model as described above. This theory has only one proposition and that is that stability represents system health (Neuman Fawcett, 2012). This theory is useful because interventions by the advanced practice nurse are linked to client outcomes (Florczak, Poradzisz, Hampson, 2012). There are multiple applications when age, health status, and stressors are identified (Risjord, 2010). One such example is a study of fatigue in patients with diabetes by Casalenuovo (2002) that examined the relationship between stress, well-being, and fatigue. In this study the author concluded that interventions aimed at enhancing client well-being reduced fatigue. Both grand and middle range theories are sets of interrelated concepts to guide thinking in advanced practice nursing (Risjord, 2010). However, there are many differences between these two types of theories. Grand nursing theories consist of conceptual frameworks to provide broad insight useful for general practice. Because of the level of abstraction they are usually not easily testable (Florczak, Poradzisz, Hampson, 2012). Grand theories are often developed through insightful appraisal and considerations. Middle range theories are narrower in scope and are a bridge between grand theories and nursing practice (Fawcett Garity, 2009). Because middle range theories are less abstract and their concepts are more easily operationalized they allow for hypothesis testing. Middle range theories are often evolved from grand theories, literature reviews, and clinical practice making them more specific to nursing practice (Florczak, Poradzisz, Hampson). Despite multiple differences, both grand theories and middle range theories have a role in informing and influencing advanced practice nursing. Grand nursing theories define the role of nursing and separates nurses within the infrastructure of health care professions whereas middle range nursing theories guides the nurse to considerations when making clinical decisions (Florczak, Poradzisz, Hampson, 2012). The different types of theories provide different advantages for practice. These two types of theories are complementary and each type can contribute to advanced nursing practice and knowledge (Risjord, 2010). References: Casalenuovo, G. A. (2002). Fatigue in diabetes mellitus: Testing a middle range theory of well-being derived from Neumans theory of optimal client system stability and the Neuman systems model. Dissertation Abstracts International, 63(5), 2301B. Florczak, K., Poradzisz, M., Hampson, S. (2012). Nursing in a complex world: A case for grand theory.Nursing Science Quarterly,25(4), 307-312. Fawcett, J. (2005). Middle-range nursing theories are necessary for the advancement of the discipline.Aquichan,5(1), 32-43. Fawcett, J., Garity, J. (2009). Evaluating research for evidence-based nursing. Philadelphia, PA: F. A. Davis. Im, E., Ju-Chang, S. (2012). Current trends in nursing theories. Journal of Nursing Scholarship,44(2), 156-164. Lee, Q. (2014). Application of Neumans system model on the management of a patient with asthma.Singapore Nursing Journal,41(1), 20-25. McCrae, N. (2012). Whither nursing models: The value of nursing theory in the context of evidence-based practice and multidisciplinary health care.Journal of Advanced Nursing,68(1), 222-229. McKenna, H. P., Slevin, O. (2008).Nursing models, theories and practice. Oxford: Blackwell. Neuman, B., Fawcett, J. (2012). Thoughts about the Neuman systems model: A dialogue.Nursing Science Quarterly,25(4), 374-376. Powers, B., Knapp, T. R. (2011).Dictionary of nursing theory and research. New York, NY: Springer. Risjord, M. W. (2010).Nursing knowledge: Science, practice, and philosophy. Chichester, West Sussex: Blackwell. Skalski, C., DiGerolamo, L., Gigliotti, E. (2006). Stressors in five client populations: Neuman systems model-based literature review.Journal of Advanced Nursing,56(1), 69-78.
Sunday, January 19, 2020
What My Sister Means to Me
article 4 nola. com Gulf of Mexico oil spill's environmental impact expected to be profound, long-lasting Published: Friday, May 07, 2010, 8:26 PM As the ââ¬Å"Miss Brandyâ⬠shrimp boat skimmed rust-colored clumps of oxidized oil from Chandeleur Sound, seagulls from a flock circling nearby dived beneath a light oily sheen on the water's surface to feed on a school of minnows Friday afternoon. ââ¬Å"The fish are probably coming to the surface because they're dying from the oil,â⬠said Larry Schweiger, president and CEO of the National Wildlife Federation. Those gulls think they're getting a free meal when really they're getting a load of toxins. â⬠Schweiger, who heads the nation's largest conservation group, led reporters on a six-hour boat tour to survey ecological damage caused by the Deepwater Horizon oil leak, which has been spewing an estimated 210,000 gallons of sweet crude per day into the Gulf of Mexico since the drilling rig exploded April 20. A 100-mile rou nd trip from Venice to the Chandeleur Islands revealed no oil on the shorelines of several islands. However, areas in Chandeleur Sound are crisscrossed by long ribbons of degraded oil, which turns a rust color as iron in the oil is exposed to air. Once scooped from the water, the oily clumps transform into gooey dark brown globs with the consistency of molasses. Shrimp boats were deployed throughout the sound to skim the water with orange booms to corral the floating oil. Schweiger traced the clumping phenomenon to a decision by BP, which was leasing the rig and is in charge of clean-up efforts, to use dispersants both on the water's surface and below the surface to break up the oil before it can wash ashore. Using dispersants minimizes the damage to the coastline, but the oil is spread throughout the water column and probably does more damage to the fisheries,â⬠he said. ââ¬Å"The dispersants just shift the risk. It's a trade off. â⬠He applauded the decision to halt the use of underwater dispersants on the Deepwater Horizon leak, which is nearly a mile below the water' s surface, deeper than chemical dispersants had ever been used before. About two miles west of the Chandeleur Islands, schools of rain minnows could be seen darting beneath the floating oil. Schweiger said the fish are likely doomed. Dispersants will make oil and water mix, but there's no way to make oil and fish mix,â⬠he said. Most islands in Chandeleur Sound are not protected by containment booms. One notable exception is New Harbor Island, a prime nesting ground for brown pelicans because the mangrove trees enable the birds to build nests safe from high tides. The island is encircled by booms, but beyond the booms were patches of oily water. ââ¬Å"You can protect the island from the oil, but the pelicans are still exposed to it when they feed on fish in contaminated water,â⬠Schweiger said. There have been several confirmed sightings of oil on barrier islands, but he oil does not appear to be staying very long, at least not in high concentrations. Schweiger pointed to a spot on Freemason Island, where he had seen oil the day before. Nevertheless, high tides had apparently washed it away by Friday afternoon, when several killdeer could be seen darting along the shoreline where the oil had been. However, Schweiger noted that little of the oil gushing from the ruptured well for more than two weeks has been removed from the water. ââ¬Å"Just because you can't always see the oil doesn't mean it's not there and that it's not going to have a huge impact on nature,â⬠he said.
Saturday, January 11, 2020
Mustang vs Camaro Essay
The Mustang and Camaro have been compared since the Camaro first came out in the late 1960ââ¬â¢s. The Mustang was pretty much the only sports car that was also a muscle car. Well, of course Chevrolet had to compete with Ford so they came out with the Camaro. The release of the Mustang was followed closely by the release of the Camaro a few years later. There is no doubt about it that the team from Chevrolet had stolen a magnificent idea and plan. These two muscle cars began the path for a revolution in pony cars and racing. America fell in love with the Mustang and Camaro, which allowed Ford and Chevrolet to sell millions of them in just a few years. Ford has continuously been selling a large number of Mustangs ever since the beginning. Chevrolet had to stop their production of the Camaro. In 1961, the vice president and general manager of Ford, Lee Iacocca had a dream. He envisioned the Ford Mustang. It took several months to get approval for funding to go towards the Mustang through multiple discussions, meetings and market surveys. The funding was granted in 1962. The Mustangââ¬â¢s parts were mainly borrowed from the Falcon to help keep the costs of production low. The car offered a variety of options for the exterior, interior, etc. Buyers were able to choose if they wanted their mustang to be fast, fancy, economical or plain. Ford wanted the Mustangââ¬â¢s design to appeal to everyone and anyone. It was advertised as ââ¬Å"the car to be designed by youâ⬠. The Camaro was based off of another Chevrolet car, the Nova. The Camaro had been designed to compete with Fordââ¬â¢s Mustang. Its code name was the Panther, before any information about the Camaro was ever leaked into the public. Chevrolet had wanted to keep their cars nameââ¬â¢s beginning with the letter C. A few options for the Camaro had been Chevy II, Chevelle, Corvette, etc. Somehow they decided on Camaro, which a product manager of Chevrolet answered when asked what a Camaro is, he said ââ¬Å"a small, vicious animal that eats Mustangsâ⬠. It was reported that General Motor researchers found in the French dictionary that Camaro was slang for friend or companion. Though is was rumored that the Ford Company had researched and discovered some other definitions to the word Camaro, such as ââ¬Å"a shrimp-like creatureâ⬠and an arcane for loose bowels. On March 9 of 1964, the first Mustang which was a white convertible with a v-8 engine came out of Dearborn Michigan. Then a month later the Ford Mustang came out in the world with its debut at the Worldââ¬â¢s Fair in Flushing Meadows, New York. The first Mustang that came out of the assembly line was in April of 1964. This first model of the Ford Mustang, which was the early 1965 or also known as the 1964 à ½, was available as a convertible or coupe. It had a 170-cubic inch six cylinder engine with a three-speed floor shift transmission. A V8 engine was optional with a four-speed manual transmission or a three-speed automatic with a cruise transmission. The day of the grand opening for the Mustang over twenty two thousand were sold. Within its first twelve months, Ford sold close to four hundred seventeen thousand Mustangs. In eighteen months, roughly a million Mustangs had been sold. It was a huge hit with America. The first Camaro came out in September of 1966 but was the 1967 model, as it is referred to as. When it was first available there were hardly any extra or special options for the car. That changed within the next following years and so forth. The Camaro offered a V6 or V8 engine in convertible or coupe. When the 1969 Camaro models were introduced, the car had improved greatly. A new power option was a Z28 package which had formally been known as the RPO Z28 Camaro Special Performance Package. The Z28 was one of the first special options and it was originally designed to compete in the Sports Car Club of America, which is a racing club. There are four generations to the Chevrolet Camaro. The first generation was from 1967 to 1969. That model was offered in a coupe or convertible with the option of a 4.1 L, 4.9 L, 5.0L, 5.4L and a 5.7L in a V8 engine. The second generation was from 1970 to 1981. Chevrolet changed the styling to a wider and larger vehicle which produced a heavier Camaro. The third generation was from 1982 to 1992. They were the first model of Camaros that offered fuel injection. The fourth generation was from 1993 to 2002. It held onto the same basic characteristics as the original; a couple or convertible, rear-wheel drive and the choice of a V6 or V8 engine. For thirty five years Chevrolet had been producing the popular Camaro. Chevrolet claimed that they stopped production of the Camaro due to plant overcapacity, slowing sales, and fading market for sports coupes. Just recently in 2009, Chevrolet released the 2010 Camaro. We will see how they do this time around. The Ford Mustang currently has five generations. With each generation Ford made sure to improve the horse power. The first generation was from 1964 à ½ to 1973. The second generation was from 1974 to 1978. It was originally based off of the Ford Maverick but instead they used the Ford Pinto in the end. Because of the way the economy was going at the time, Ford needed to build a smaller and more fuel-efficient Mustang. Not only did they need to do this to appeal to customers still but to also to capture peopleââ¬â¢s eye as the Energy Crisis erupted. The third generation was from 1979 to 1993. This generation model was based off of the ââ¬ËFoxââ¬â¢ platform. It had originally been created for the 1978 Ford Fairmont and Mercury Zephyr. The interior of the third generation was meant to be more comfortable even though the back seats were smaller. The trunk was larger though, as well as the engine bay. This allowed the car to be easier to work on and service. The body styles were coupes, at the time was also referred to as a notchback, and a hatchback. A convertible was not available until 1983. The fourth generation is from 1994 to 2004. This generation underwent the most drastic redesign in over fifteen years. It had been code named SS-95 by Ford. It was also a more recent and updated version of the Fox platform. This new styled generation took several styles from the earlier Mustangs. A new twist was that it was the first time since 1973 that a hatchback coupe was not available. The V6 was a 3.8 engine for the models of 1994 and 1995. Unfortunately, Ford stopped using the 5.0L V8 for the GTs. The 5.0L had been used for around 40 years, it was a drastic change. But the 5.0L was used last on the 1994 and 1995 models. The new GT engine would be a 4.6L. For the 1999 to 2004 models the Mustang had a new edge styling theme for the body. It included sharper contours, creases in the bodywork and even larger wheel arches. The chassis and interior design remained the same was the previous model. And last but most definitely not least is the fifth generation which is the current generation from 2005 to present. At the 2004 North American International Auto Show, a new Mustang was introduced. It had been codenamed S-197. This new generation closely resembled the fastback Mustangs from the late 1960s. This new model was called as ââ¬Å"retro-futurismâ⬠by Fordââ¬â¢s senior vice president of design. The V6 now had a 4.0L engine instead of a 3.8L engine. A brand new option that was first available for the 2009 Mustangs was a glass sun roof. The 2010 Mustang was unveiled by Ford before the Los Angeles International Auto Show. The 2010 Mustang mainly held the same look as the previous yearââ¬â¢s model but with a modified exterior. Ford was looking for a leaner and muscular appearance for their 2010 Mustang. For the first time ever the Mustang had a reverse camera system to help drivers while backing up. Though, this feature is not available on basic V6ââ¬â¢s. The 2011 Mustang should be out around the spring of 2010 and it is a very anticipated model. It will closely resemble the 2010 model, with perhaps some slight changes to the rear. It is hard to find information on the upcoming 2011 Mustang. One thing is for sure though, Ford is bringing back the 5.0L engine for it which excites many. Still to this day the Ford Mustang is running strong. The Mustang has even more varieties, variations and options. There is no other vehicle out there that has as many options as the Mustang does. So many different types branch off of the ââ¬Å"Mustangâ⬠. Several examples are: Cobra, Shelby, Super Snake, Saleen, Mach 1, Fastback, California Special, Bullit, High Country Special, Boss, etc. They are never ending. There are so many differences and similarities between these two famous and popular pony cars. There is even so much more that a person can compare and contrast about Mustangs and Camaros. Not only because of the years, numerous changes, and that it is ââ¬â after all ââ¬â a car, but also because they have had a heated and natural rivalry since the very beginning. Oddly enough, it was rather difficult to find a lot of information and details on the Camaro, especially compared to the Mustang. The Mustang had numerous of information that was able to be found. And, remember the Mustang started it all in 1964, and has not stopped since!
Thursday, January 2, 2020
The IB Primary Years Program
In 1997, just one year after the International Baccalaureate Organization introduced their Middle Years Program (MYP), another curriculum was launched, this time targeting students ages 3-12. Known as the Primary Years Program, or PYP,à this curriculum designedà for younger students echoes the values and learning objectives of its two predecessors, including the MYP and the Diploma Programme, the latter of which has been in existence since 1968. A globally recognized program, the PYP is today offered in nearly 1,500 schools worldwide - including both public schools and private schools -à in more than 109 different countries, according to the IBO.org website. The IB is consistent in its policies for all levels students, and all schools wishing to offer the IB curriculums, including the Primary Years Programme, must apply for approval. Only schools that meet strict criteria are granted the label as IB World Schools.à The goal of the PYP is to encourage students to inquire about the world around them, preparing them to be global citizens. Even at a young age, students are asked to think about not what is happening just inside their classroom, but within the world beyond the classroom. This is done through embracing what is known as the IB Learner Profile, which applies to all levels of IB study. Per the IBO.org site, the Learner Profile is designed to develop learners who are inquirers, knowledgeable, thinkers, communicators, principled, open-minded, caring, risk-takers, balanced, and reflective. According to the IBO.org website, the PYP provides schools with a curriculum framework of essential elements ââ¬â the knowledge, concepts, skills, attitudes, and action that young students need to equip them for successful lives, both now and in the future. There are severalà components that are used to create a challenging, engaging, relevant and international curriculum for students. The PYP is challenging in that it asks students to think differently than many other programs do. While a number of traditional primary school courses of study focus on memorization and learning tactical skills, the PYP goes beyond those methods and asks students to engage in critical thinking, problem solving, and to be independent in the learning process. Self directed study is a crucial part of the PYP. The real world applications ofà learning materials allows students to connect the knowledge they are presented with in the classroom to their lives around them, and beyond. By doing so, students often become more excited about their studies when they can understand the practical applications of what they are doing and how it pertains to their daily lives. This hands-on approach to teaching is becoming more common in all aspects of education, but the IB PYP specifically incorporates the style in its pedagogy. The global nature of the program means that students arent just focusing on their classroom and local community. They are also learning about global issues and who they are as individuals within this greater context. Students also are asked to consider where they are in place and time, and to consider how the world works. Some supporters of the IB programs liken this form of study to philosophy or theory, but many simply say that we are asking students to consider, how do we know what we know. Its a complex thought, but directly targets the approach of teaching students to inquire about knowledge and the world in which they live.à The PYP uses sixà themes that are part of every course of study and are the focus of the classroom and learning process. These transdisciplinary themes are: Who we areWhere we are in time in placeHow we express ourselvesHow the world worksHow we organize ourselvesSharing the planet By connecting courses of study for students, teachers must work together to develop investigations into important ideas that require students to delve deeply into subject matter and question the knowledge they have. The holistic approach of PYP, according to IBO, combines socio-emotional, physical and cognitive development by providing a vibrant and dynamic classroom setting that embraces play, discovery and exploration. The IB also pays close attention to the needs of its youngest participants, as those children ages 3-5, need a thoughtful curriculum designed for their development progress and ability to learn.à The play-based learning is deemed by many as a crucial component for success for younger students, allowing them to still be children and age-appropriate but challenge their ways of thinking and ability to comprehend complex thoughts and issues at hand.
Wednesday, December 25, 2019
Financial Institutions And The Economic Growth Of An Economy
Scenario Description Financial Institutions or banks are very important and valuable for the sake of the economic growth of an economy (Gup, 1999). Therefore, the government of almost every country of the world likes to execute their growth through the existence of financial institutions. Apart from the financial institutions, there is yet another thing that needed to be there in an economy known as Financial Markets (Gup, 2003). This assignment is a Financial Market based assignment in which different provisions and elements of the financial markets would have been acknowledged and analyzed. There are three different parts of the assignment which further bifurcated into different answers. Part-1: Forecasting of Interest Rate Theoretically, an interest rate is a rate at which the borrower is liable to pay interest specifically for the utilization of money. The interest rate is basically a percentage of principal that paid a certain amount of money on the money borrowed from the financial institutions. It is important for this part to choose a country for the operations, except the United States and Canada. China is selected for this analysis (Tradingeconomics.com, 2015). China, the economic giant of Asia has the highest amount of foreign reserves and ability to become the largest economy of the world by surpassing the United States. The interest rate of China from 2005 to 2015 is as follows China is one of those economies of the world that kept a high amount of interestShow MoreRelatedEssay on Mortgage Crisis on Money Supply1480 Words à |à 6 Pagesmacro economic variables in the economy. The United States of America recorded a mortgage crisis since 2007. The financial sector issued out massive amounts of money to individuals to acquire homes. 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Tuesday, December 17, 2019
The World s Leading Spokesman On The Holocaust - 908 Words
Wiesel once said, ââ¬Å"â⬠¦I swore never to be silent whenever wherever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victimâ⬠(Wiesel par. 9). The inspiring man known as Elie Wiesel was born on September 30, 1928 in Sighet, Romania. He was declared chairman of ââ¬Å"The Presidentââ¬â¢s Commission on the Holocaustâ⬠. Wiesel earned the reputation of ââ¬Å"worldââ¬â¢s leading spokesman on the Holocaustâ⬠because of his extensive discussions about the Holocaust and the impact it had on Jews (ââ¬Å"Elie Wiesel-Factsâ⬠par. 1). Wieselââ¬â¢s early life was unfortunate; his parents and his sister died in the concentration camps that were held by the Germans. Fortunately, Wiesel survived the harsh conditions of the camps. He believed he survived because it was ââ¬Å"nothing more than chanceâ⬠instead of it being a miracle; regardless, he lived to tell his story about the Holocaust (Wiese l 7). Elie Wieselââ¬â¢s efforts on portraying how bad the Holocaust was allowed him to change peopleââ¬â¢s perception by fighting against indifference and by showing the severity of his experiences. Due to the fact that the Germans created concentration camps during the course of WWII, many people were tortured and murdered to death. Wieselââ¬â¢s family was captured and brought to the camps; unfortunately, his mother and sister perished before they could escape the camp. His father died as soon as the camp became liberated. However, Wiesel was able to endure the camp long enough to surviveShow MoreRelatedNehru and Partition5844 Words à |à 24 PagesCongress behind him he could never rule Indiaâ⬠. And Gandhi did indeed oblige; he made sure Nehru was elected President of the Congress in 1929, 1936 and 1946 at the expense of Patel and Subhash Chandra Bose. However during the late 1930s and early 1940ââ¬â¢s, Nehru would begin to increasingly undermine his mentor. Nehruââ¬â¢s socialist beliefs lead him to believe that the Hindu-Muslim conflict was a result of economic disparities and the British ââ¬Ëdivide and ruleââ¬â¢ policy, rather than dogmatic religious beliefsRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words à |à 656 PagesLinda Shopes, eds., Oral History and Public Memories Tiffany Ruby Patterson, Zora Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made: Politics and Culture in Recent America Joanne Meyerowitz, ed., History and September 11th John McMillian and Paul Buhle, eds., The New Left Revisited David M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Read MoreOrganisational Theory230255 Words à |à 922 Pagesinteresting and valuable. Peter Holdt Christensen, Associate Professor, Copenhagen Business School, Denmark McAuley et al.ââ¬â¢s book is thought-provoking, witty and highly relevant for understanding contemporary organizational dilemmas. The book engages in an imaginative way with a wealth of organizational concepts and theories as well as provides insightful examples from the practical world of organizations. The authorsââ¬â¢ sound scholarship and transparent style of writing set the book apart, making it an ingeniousRead More1000 Word Essay85965 Words à |à 344 PagesPage 8 / 389 à © Copyright 1999-2012 ArmyStudyGuide.com Version 5.3 2. 3. 4. 5. 6. 7. 8. 9. 10. Advanced Skills Education Program (ASEP) High School Completion Program Service members Opportunity Colleges Associates Degree Program (SOCAD) Veteran s Educational Assistance Program (VEAP)/Montgomery G. I. Bill (MGIB) Skill Recognition Programs Command Language Programs (Head start - Gateway) Defense Activity for Non-Traditional Education Support (DANTES) Education Counseling Services Learning Resource
Monday, December 9, 2019
Assessment Item Equitable Standards in Fair Dealing
Question: Discuss about theAssessment Item for Equitable Standards in Fair Dealing. Answer: Issue: in this question, the issue that arises on the basis of the present facts is if the contract created by Brad with Caltex for the purchase of 30,000 L patrol is enforceable against Tina, the owner of the business also expressly told Brad that he should not order patrol in future. In the same way, there is another issue that needs to be decided in this question. Therefore it has to be decided if Paul had made a secret profit while he was acting as the agent of Tina. Law: in view of the now the facts that have been given in this scenario, the principles of law of agency needs to be applied. According to the law of agency, an agency is an agreement that is created between the party known as the principal and the other party, which is called the agent. The agency agreement provides that an agent has the power to enter into the contracts on behalf of the principal. Therefore, such contracts also bind the principal (Watteau v Fenwick, 1893). Similarly, even if the agent has created the contrary, the lawprovides that the benefit of such a contract go to the principal. The reason is that in such a case, the contract has been created by the agent on behalf of the principle. Apart from the relationship that has been created between the principal and the agent, another relationship is created with the third-party. The acts of the agent result in the creation of a relationship between the principal and a third party (Mason, 2000). At the same time, the law provides that although the agent had entered into the contract, but in such a case, a relationship is not created between religion and the third party. The law of agency also provides that different types of authority can be given to the region by the principal (Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd., 1964). Hence the authority of the agent can be actual authority, apparent authority or such authority can be the authority of necessity. In case of express authority, authority is provided to the agent in writing or orally by the principal. On the other hand, it can be said that the agent had implied authority when even if the authority was not provided expressly, the agent was design ated to a particular position, and consequently some authority is associated with this position (Carter, Peden and Tolhurst, 2007). The apparent authority of the agent arises in cases where the principal as not confer any authority on the agent but a representation has been made by the principle that the agent has that authority. It needs to mention at this point that for the purpose of authority, any representation that may be made by the agent is not significant, but the representation that has been made by the principal needs to be considered (Christie and Another v Harcourt Co, 1973). The law provides that the principal may make such a representation in the form of inaction also, particularly when the principal knows that on the basis of the actions of the agent, the third parties may arrive at the conclusion that such authority is possessed by the agent. In this type of cases, the law provides for the responsibility of the principal to inform the parties that such an agent doe s not have the authority. On the other hand, if the principal has not informed the third parties accordingly, it may be presumed that the liability of the principle arises regarding the acts of the agent. It has also been provided by the law of agency that the directions given by the principal should be strictly followed by the agent. On the other hand, if the agent had failed to follow these directions, it can be considered that the agent is liable to the principal. In case of an agency relationship, it is required that the agent should use his talent for the benefit of the principal. Similarly, the agent also has the obligation to exercise due care. Another duty of the agent is that the agent should act in good faith. According to other fiduciary duty of the agent, the law requires that the agent should act while keeping in view the best interests of the principal. Hence any conflicts of interest should be avoided by the agent. On the other hand, if any such conflict of interest is present, the agent should immediately informed the principle that such a conflict is present. Similarly, another important duty of the agent requires that any secret profit should not be made by the agent . In Bentley v Craven (1853) the court had arrived at the conclusion that if any secret profit has been made by the agent at the expense of the principal the law allows the principal to recover it from the agent. The agent is also under a fiduciary duty which requires the agent not to withhold any information and similarly, such information should not be used by the agent for making a profit for himself (Robb v. Green, 1895). Application: In view of the legal position that has been described above, in the present case, earlier express authority was given by Tina to Brad. So that he can order patrol. However, later on Tina withdrew this authority when she recovered from her illness and return back to business. Although the authority was withdrawn from Brad, he ordered 30,000 L of patrol from Caltex. However, at this point, it needs to be mentioned that although Tina had with John authority from Brad to purchase the patrol but Caltex did not knew regarding this withdrawn of authority. As a result, Caltex would reasonably presume that Brad still had the authority to order patrol on behalf of Tina. But in case of the second scenario, a secret prophet had been made by Paul when he was acting as an agent for Tina. In the same way, Paul had failed to inform Tina regarding the true value of that car. A conflict of interest has arisen when Paul decided that you purchase the car for himself and the later on sold the car at a profit. Therefore it can be set in this case that the duties of Paul as an agent of Tina have been breached. Consequently, the law allows Tina to recover the secret profit made by Paul. Conclusion: under these circumstances it can be concluded in this case that the contract created by Paul to purchase petrol from Caltex is binding on Tina although she had withdrawn the authority to do so and asked Brad not total petrol in future. The reason behind this conclusion is that Caltex was not aware that Tina had withdrawn the authority to purchase patrol from Brad. Consequently, in this case, Caltex can reasonably assume that Brad had the authority to create a contract for the purchase of patrol on behalf of Tina. Regarding the second issue, Paul had made a secret profit and Tina can recover this amount from Paul due to the breach of duties as an agent. Issue: the issue in this question is if the contracts entered into by Simon can be considered as binding on the other partners, George, Sara and Mary especially due to the fact that it is mentioned in the partnership agreement that while entering into a contract for more than $10,000, each partner has to inform the rest of the partners. Similarly, as the partnership was not in the business of freight business the purchase of Ute by Simon can be considered as binding or not? Rule: The Partnership Act, 1892 contains the provisions that can be applied beside the above-mentioned issues. Therefore, the Partnership Act provides that a partnership can be created by an agent or through an oral agreement. The partnership agreement will describe the powers that have been given to the partners. Similarly, this agreement will also describe the scope of express authority that has been given to the partners (Robb v Green, 1895). Therefore it is clear that when a partner has entered into a contract that is within the scope of authority, such a contract will be binding for the rest of the partners. At the same time, it has also been provided by the Partnership Act that a partner also enjoys implied authority to act as the agent of other partners (Watteau v Fenwick, 1893). However, it needs to be mentioned that the implied authority enjoyed by the partners is limited to the nature of the business (Latimer, 2006). Consequently, if an act does not comply with the business that is generally carried on by the partnership, the act cannot bind the other partners (Christie v Harcourt Co., 1973). Application: In view of the rules mentioned above, it can be said in this case that a contract was created by Simon for purchasing 500 TB storage drive from Sun Star Computer Hardware Ltd at a price of $12,000. Even if it has been mentioned in the partnership agreement that the authority of the partners is limited to contracts worth $10,000 but in view of the rules mentioned above, although in this case, Simon had exceeded his authority as a partner but Sun Star Computer Hardware Ltd was not aware of the fact that Simon did not have the authority to form this contract. The result is that this contract can be enforced against the partnership. However, in case of this second scenario where Simon formed a contract for purchasing a second hand Ute, because he was willing to divert the partnership business into freight business, it needs to be noted that the general nature of the business carried on by the partnership firm was related with information technology. Consequently, this contract cannot be treated as a part of the usual business. Hence the contract is not binding on the other partners, George, Sara and Mary. Conclusion: Therefore it can be, concluded in this case that the contract formed by Simon with Sun Star Computer Hardware Limited is binding against the other partners of the firm. The reason behind this conclusion is that although the partnership agreement provides that each partner has authority to enter into a contract worth $10,000 only, but Sun Star Computer was not aware of such a limitation imposed on the authority of the partners. Therefore, the other partners can be considered as being bound by the contract for purchasing a 500 TB storage drive. Although this contract exceeded the authority provided to Simon. However, in case of the second scenario where Simon contracted to purchase a second hand Ute for $9,000, the conclusion is that even if this contract is within the scope of authority that has been provided to the partners but still this contract cannot be enforced against the partnership. The reason is that the freight business is not the general business carried on by Computer Solutions. Therefore, this contract is not enforceable against the other partners, George, Sara and Mary. References A.F. Mason (2000)Contract, Good Faith and Equitable Standards in Fair Dealing 116 L.Q.R. 66 JW Carter, E Peden and GJ Tolhurst(2007) Contract Law in Australia, Lexis Nexis, Sydney, 5th ed Latimer, Paul (2006) Australian Business Law, 25th edition, CCH Australia Limited Case Law Christie and Another v Harcourt Co - [1973] 2 NZLR 139 Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd [1964] 2 QB 480 Robb v Green, 1895, 2 Q. B. I AND 315 Watteau v Fenwick, [1893] 1 QB 346
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