Monday, September 30, 2019

Describe and Evaluate Milgrams Agency Theory

Milgram’s agency theory basically states that you the state of mind you are in determines if you’re obedient or not. He argued that normally we operate in the autonomous state, where you assert control over yourself and what we do. An example of this is when faced with danger, most people will turn away to try and avoid conflict. Even if you decide not to walk away, this is still the autonomous state because you’re deciding what to do. There is also the agentic state which says you are subconsciously acting as an agent to some authority figure and that you do what they tell you because you feel as if you are an agent of that person.An example of this would be during the trial of Nazi’s Adolf Eichmann said, â€Å"I was just following orders to kill Jews†. This clearly illustrates that he only did what he did, followed orders, because he was told to and he felt like an agent to Adolf Hitler. Milgram also posed the idea of something called moral strain . This is when you obey an order although it goes against your morals, you feel that what you are doing is wrong but you have no choice. An example of this is in the study of obedience carried out by Milgram.The participants objected to shocking learners by saying that they wouldn’t do it and consistently standing up to avoid it, but still carried on anyway. The first strength to Milgram’s study is that his theory has practical application. Practical application means it can be applied to explain real life behaviours. An example of this is during the trial of Nazi’s Adolf Eichmann, he said, â€Å"I was just following orders to kill Jews†. This shows he was in the Agentic State because he saw himself as an agent of Hitler when helping him to complete the Final Solution.Another advantage is that in Milgram’s study of obedience the study had experimental validity. This is when the experiment is carried out so well that the participants believe that it is real. One participant, Fred Pozi, showed physical signs of distress indicating that he thought he was actually harming a man. He stood up multiple times during the experiment, was holding his head in his hands and was nervous laughing throughout the experiment. This indicates moral strain because he did carry out what the researcher asked, but this behaviour clearly shows that he was under stress and unhappy with what he had been asked to do.There is also evidence to support this theory which serves as a strength. In his theory of obedience Milgram found that 65% of participants went to 450 volts and 100% went to 300 volts. From this he concluded that American men would obey an authority figure even if they harmed a stranger. As the participants obeyed the authority figure it shows that they were acting as agents to help the researcher with his study, this illustrates the agentic state. On the other hand there are disadvantages to Milgram’s study as well, for example; Mil gram’s study lacked ecological validity.Ecological validity is when the study takes place in an environment that is familiar to the participants. The experiment took place in a lab and Fred Pozi, a plumber, would be more comfortable in a house or bathroom. As he was not in his natural environment his behaviour might have changed because of it. This will therefore reduce validity because he would not be behaving in a natural way. Another disadvantage to Milgram’s study is that he deceived his participants. He did not tell them what the study was actually researching and there for broke ethics.However he did perform a full debriefing at the end of the study which rectified the problem. There is an alternative theory to the Agency Theory called, The Social Powers theory. The Social Powers theory states that authority figures use reward power to gain obedience. Reward power is when an authority figure uses a reward to get the person to obey. For instance when a parent says if you do your homework you can go to your friends house. The Social Powers theory says it is power and not the mental state of someone that leads to obedience, Milgram’s theory is incomplete.

Sunday, September 29, 2019

Machiavelli’s The Prince

Niccolo Machiavelli was an Italian historian, statesman and a political philospher. He was born on May 3, 1469 in Florence. He first entered the government service as a clerk and became prominent in 1498 when Florentine was proclaimed as a Republic. (Kemerling, 2006) Machiavelli was engaged into differen diplomatic missions and because of these missions, he met a lot of Italian rulers and studied their political tactics. After a long time of public service, the republic collapsed and he was driven from his post. It was in 1513 when he wrote â€Å"The Prince†, hoping that he can secure the favor the Medici family, thye ruling family in Florence that time. He addresed this to an Italian prince which is from the Medici family. (Encarta, 2007) The Prince is concerned with different principles that founded a state, hence, he described the method on how a prince can acquire and maintain his political power. He also stated in this book his belief that a ruler should not be bound by traditional ethical norms. (Kemerling, 2006) During the Renaissance, there were new attitudes toward politics that accompanies the new forms of political organizations. Huamnists stated that progress of a place should be natural and no-religious. Machiavelli's The Prince tried to find a base for the art of governance not depending on Christian principles but on science. In 16th century, he focused more on how to preserve a state and these ideas were refrlected in The prince and became part of the political environment. This new political perspective appeared not only in Italy but also in the monarchies of the North and were introduced in different writings. Although it was not universally accepted, it was recognized during Renaissance and changed the political thinking. (Encarta, 2007) References â€Å"Niccolo Machiavelli†. retrieved April 28, 2008. http:/www.philosophypages.com/ph/macv.htm â€Å"Niccolo Machiavelli†.(2007). retrieved April 28, 2008. Microsoft Encarta Online Encyclopedia 2007. http://encarta.ms.com. Machiavelli’s The Prince Niccolo Machiavelli was an Italian historian, statesman and a political philospher. He was born on May 3, 1469 in Florence. He first entered the government service as a clerk and became prominent in 1498 when Florentine was proclaimed as a Republic. (Kemerling, 2006) Machiavelli was engaged into differen diplomatic missions and because of these missions, he met a lot of Italian rulers and studied their political tactics. After a long time of public service, the republic collapsed and he was driven from his post. It was in 1513 when he wrote â€Å"The Prince†, hoping that he can secure the favor the Medici family, thye ruling family in Florence that time. He addresed this to an Italian prince which is from the Medici family. (Encarta, 2007) The Prince is concerned with different principles that founded a state, hence, he described the method on how a prince can acquire and maintain his political power. He also stated in this book his belief that a ruler should not be bound by traditional ethical norms. (Kemerling, 2006) During the Renaissance, there were new attitudes toward politics that accompanies the new forms of political organizations. Huamnists stated that progress of a place should be natural and no-religious. Machiavelli's The Prince tried to find a base for the art of governance not depending on Christian principles but on science. In 16th century, he focused more on how to preserve a state and these ideas were refrlected in The prince and became part of the political environment. This new political perspective appeared not only in Italy but also in the monarchies of the North and were introduced in different writings. Although it was not universally accepted, it was recognized during Renaissance and changed the political thinking. (Encarta, 2007)

Saturday, September 28, 2019

Law of Contract Essay

A contract intends to formalize an agreement of two or more parties, in relation to a particular subject. Contracts can cover an extremely broad range of matters including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute and ownership of intellectual property developed as part of work for hire. Essential Elements of a Contract * Clear certain and communicated agreement. Meaning that the parties are consensus ad idem or are of the same mind. The parties to the contract have mutual understanding of what the contract covers, eg. In a contract for the sale of a ‘mustang’ the buyer thinks that he will obtain a car and the seller believes he is contracting to sell a horse, there is no meeting of the minds and the contract will likely be held unenforceable. Offer and Acceptance Agreement = offer + acceptance Requirements of a valid offer * Offer must be definite. It must not: * Leave aspects of the agreement dependent upon the future will of parties (Kantor v Kantor) * Leave aspects of the agreement blank or open to subsequent negotiation (Bundell v Blan & King v Potgieter & Finestone v Humburg) * Contain wording which is vague * Offer must be made with the intention of being accepted by some other person. Excludes the following which are not offers but simply invitations to do business. * General statements of lowest price (Efroiken v Simon) * Statements of lowest price in response to a specific inquiry (Harvey v Facey) * Invitations to tender (Spencer v Harding) * Newspaper advertisements in general (Shepherd v Farrel Estate Agency) * Advertisements by transport companies of their charges for conveying goods (Frazer v Frank Johnson) * Displays in shop windows (Crawly v Rex) * Displays on self service counters (Pharmaceutical Society of Great Britain v Boots Cash Chemists Ltd) * Restaurant menus. Reward Cases Adverts constitutes offer (Carlill v Carbolic Smoke Co One reward is only offered first person doing what is required is entitled to that reward. (Lee v American Swiss Watch Co.) No reward may be claimed by anyone who fulfilled the requirement not knowing of that reward (Bloom v American Swiss Co.) What is required must be done voluntarily. * Offer must not have been revoked. Offer may have been revoked or lapse in one of the following ways: * Offeree is notified that it has been revoked. * Either the offeror or offeree dies. * Lapse of a reasonable period of time. * Supervening impossibility or illegality * Rejection as where the offoree makes a counter offer which contradicts the original offer by proposing specific alterations to the terms of that offer. * Offer must be one on which an optimal time limit has not expired. * Note: keeping an offer open until the offeree is in a position to accept is permissible, since the period, although unknown, is not indefinite (Hanekan v Mouton) * In the case of an option which is offered gratuitously, silence is not acceptance (Beinart v Zeffert) * The right of acceptance of an option, provided that it is also a cash sale, can be ceded. (Hersh v Nel) * Written acceptance of an oral option is only valid upon receipt regardless of the distance between the parties. (Smeiman v Volkersz) * A provisional option allows either party to withdraw before the due date, whilist an option for a limited time at the descetion of the offeror similarly allows that offeror to withdraw, as state at his discretion. (Gerson v United Tobacco Co.s) Termination of the Offer * By acceptance- an offer which has been accepted constitutes a contract. That offer is no longer available for acceptance. * By rejection- an offer is rejected if: 1) The offeree notifies the offeror that he does not wish to accept the offer. 2) The offeree attempts to accept the offer but subject to certain conditions. 3) The offeree makes a counter offer (Hyde v Wrench) * By revocation before acceptance- an offer may be revoked (withdrawn) any time before acceptance, but will only be effective when the offeree learns about it. * If the offer lapses-the offeror may stipulate that the offer is only open for a limited period of time. Once it has lapsed any acceptance is invalid. Even if no time limit is mentioned, the offer will not remain open indefinately. It must be accepted within a reasonable period of time. * Death- if the offeror dies after having made an offer and the offeree is notified of the death any acceptance will be invalid. * Failure of a condition attached to the offer. An offer may be made subject to conditions. Such a condition may be stated expressly by the offeror or implied by the courts from the circumstances. If the condition is not satisfied, the offer is not capable of being accepted. Requirement of a valid acceptance * Acceptance must be definite and unconditional. (Watermeyer v Murray & Jones v Reynolds) acceptance must be unequivocal and stated intention to accept is not adequate. (Boerne v Harris) * Acceptance must be communicated. * Mere stated intention to accept is insufficient. (Dietirchsen v Dietrichsen) * Acceptance may be ither expressly stated or manifested by conduct. (Reid Bros v Fisher Bearings Co) * Silence can not be acceptance. (East Asiatic Co.v Midland Manufacturing Co.) except where there is a duty expressly to repudiate as with brokers notes. (Benoni Produce & Coal Co. v Grendelfinger) * An offeror is free to dispense with the normal modes of communication to indicate alternative methods of acceptance eg by dispatch of goods (Rex v Net &Mackenzie v Farmer’s Co-op Ltd) * Where specific form of communication is demanded by the offerror acceptance by any other method is void. (Eliason v Henshaw) * Whilist an offeror may prescribe the manner of acceptance, he may not prescribe the manner of refusal.eg by taking acceptance for grantedif the offeree has not acted in a certain way by a certain time. (Felthouse v Bindley) Acceptance by post or telegram or telephone or telex In acceptance by post, the basic rule is that the manner of offer implies the manner of acceptance, consequently: * Where written acceptance follows a written offer, acceptance is valid at the timeof posting (Cape Explosive Works Ltd v Lever Brothers Ltd) * Where written acceptance follows an oral offer or option (Smeiman v Volkers) acceptance is only valid upon receipt regardless of the distance between the parties. But * Where offeror has demanded some other form of acceptance, written acceptance is void (Eliason v Henshaw). Note: * Acceptance to a wrong address due to the offeror’s fault, is valid unless the offeree knew or suspected without checking, but where the mistake is the offoree’s acceptance is void. * Acceptance to the correct address, where the offeror has left that address without notifying the offeree is valid. (Naude v Malcom) * Correctly addressed and posted acceptance which does not arrive is valid. (Household Fire Insurance Co. v Grant) * An address incorrectly spelt by the offeree will only postpone acceptance to the time of receipt if the error was so fundamental as to cause delay. (Levben Products Ltd v Alexander Films Ltd) * Acceptance must be made by person for whom the offer was intended. Right of acceptance can not be ceded by offeree to a third party. (Blew v Snoxell & Bird v Summerville) * Acceptance must not be based on some justifiably mistaken. A contracting party may only avoid a contract based on his mistake if: * Justus error was present and he was therefore blameless plus * Mistake was maternal and essential or important. Ticket Cases Unsigned document such as tickets or receipts, which contain terms waiving liability on the part of contracting party A which are unknown to the other party B. Thus B can only sue A if B is blameless and this will only be the case if all of the following apply * There was no public notice displaying the terms. * The terms were not pointed out. c) The ticket was not of the type. * Contractual Capacity, meaning that the parties are legally capable of contracting. Only persons can contract, a person having the capacity to acquire rights and duties. But not only natural persons can do so. Our law recognizes the existence of artificial persons who can likewise acquire rights and duties. The most important of these are companies incorporated in terms of the companies act. The general rule is that every person is able to contract freely, within the limits of the law. But there are certain persons of limited contractual capacity whose power to enter into binding agreements is limited. Minors: a minor is a unmarried person under the age of 18. During the term of his minority he is under the custody and lawful authority of a guardian whose duty it is to maintain the minor until he can maintain himself, administer his property and assist him in contracting. * Unassisted contracts A minor may not, as a general rule sue or be sued or contract without the assistance of his guardian should he attempt to do so the contract is void. The Roman Dutch authorities speak of such purpoted contracts as being void in one direct (that is as far as the minor is concerned) and valid in another (that is as far as the other is concerned. A minor may, however, in certain cases acquire a perfectly valid obligation without his guardian’s assistance. These obligations are only exceptionally contractual, even though they often arise in the course of attempts to contract. * Enrichment Wherever a minor is unjustly enriched in terms of a purpoted contract he is bound to the extent that he is enriched. He is bound to restore to the other party to the purpoted contract so much of what he has received as remains in his possession or to pay a sum of money to the value of the advantage received. But the minor is not bound by the contract, the contract remains void. His obligation arises simply because he has been enriched at someone else’s expense. (Tanne v Foggit) * Fraudulent Misrepresentation of Majority Where a minor fraudulently misrepresents his age or pretends that he has been emancipated and by so doing deceives another person who is induced to contract with the minor, believing him to be of full age or emancipated, the minor incurs an obligation. But once again the obligation is not contractual. The minor is not bound by the contract, which is void. But the fraud being a delict, he is bound delictually to make good to the other party any loss he suffered as a result of the fraud. It is essential that the other person be misled, otherwise there can be no loss as a result of the fraud. It follows that a minor must be of such an age that it is possible for an innocent person to be misled. * Tacit Emancipation Where a minor is tacitly emancipated he can incur a binding contractual obligation within the field of his emancipation. Tacit emancipation occurs where a minor is allowed by his guardian to carry on business, or any other occupation, on his own behalf. In such circumstances the minor may himself validly contract in regards to that business. He may not, however, contract outside that business without his guardian’s consent. * Ratification Where a minor purports to contract without his guardian’s consent the contract may be subsequently ratified by either guardian, when the effect is precisely the same as if the guardian had consented at the time of the contract or the minor himself on attaining majority. Such ratification may be express or implied. It is implied eg where a person after attaining his majority, continues to use an article, which he purpoted to buy during his minority as his own, or indicates otherwise by his actions an intention to be bound. (Stuttaford & Co v Oberholzer) Once the ratification has taken place the contract is rendered valid and effective from the time of the purpoted agreement. The authority which was lacking is supplied by the subsequent ratification. Assisted contracts A minor is bound either by contracts on his behalf by his guardian or by contracts made by himself with the assistance of the guardian. * Mentally ill persons A purpoted contract made by a mentally ill person is void if at the time of agreement he could not understand and appreciate the transaction into which he purpoted to enter or if his consent was motivated or influenced by an insane decision cause by mental disease. All persons are presumed to be sane, unless they have been declared mentally disordered by an expert in the medical field. The contract is presumed void unless it can be shown that it was entered into at a time when the person concerned was in full possession of his faculties. (Prisloo’s Curators v Crafford & Prinsloo) or that his state of mind was such that he was able to understand the nature of the contract into which he entered and to appreciate properly the duties and responsibilities which were created by that contract. * Drunk Persons Where a person enters into a purpoted contract while so drunk that he does not know he is entering into a contract or he has no idea of the terms of the contract, the contract is void. The fact of drunken ness will not prevent the person concerned from incurring an obligation on the ground of enrichment. * Prodigals A prodigal (that is a person declared by the court to be incapable of managing his affairs as a result of a propensity to squander his assets) cannot contract with regard to his property. If he purports to do so the contract is void. Ut outside the field of his property he is entitled to contract freely. He may marry. The court in declaring a person to be prodigal appoints a curator bonis whose duties are to administer the affairs of the prodigal, subject to the overriding approval of the courts. * Insolvent Persons The sequestration of the estate of insolvent divests him of his estate and vests it, after appointment in a trustee. Property which he subsequently acquires before rehabilitation also vests in the trustee with certain exceptions. Certain restrictions are place on his freedom to contract, but he is in all other respects fully capable of contracting The restrictions are: -an insolvent may not contract in such a way as to purport to dispose of any property of his insolvent estate. -he may not without the written consent of his trustee enter into any contract whereby his estate is likely to be adversely affected. -he may not without the written consent of his trustee have any interest in or be employed in the business of a trader who is a general dealer. Should the insolvent, however purpot to contract in breach of these provisions of the act the contract is not void. It remains valid until it is set aside by the trustee. * Persons who have been convicted of Crime In certain cases, which do not require setting out in detail, ad which vary dependency on the crime committed and the sentence, imposed convicted persons are subject to various disqualification eg if convicted of theft, fraud, forgery or perjury and sentenced to imprisonment, they are disqualified from being appointed company directed. * Alien Enemies An alien enemy (namely a person residing or carrying on business in enemy territory) may not sue on our courts and all commercial relations with him is prohibited. * Serious Intent, meaning the parties intend their agreement to be binding and legally enforceable. When parties enter into an agreement ‘subject to contract’ they are expressly stating that they will not be bound unless and until a formal contract is drawn up. * Necessary Formalities. In some cases , certain formalities (writing) must be observed. * Contracts which must be in the form of a deed. Certain transactions involving land require a deed that is conveyances, legal mortgages and leases for more than 3 years. A promise of a gift is not binding unless in this form. * Contracts which must be in writing a contract for the sale or other disposition of land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed. In one document or where the contracts are exchanged in each. The document must be signed by or on behalf of each party to the contract. Bills of exchange, cheques and promissory notes must be in writing. Similarly the transfer of shares in a limited company must be in writing. Employment contracts should be in writing with terms and conditions of employment. * Possibility of performance that is performance of the contract must be possible. * Legality that is the agreement must be lawful. The purpose of the agreement must not be illegal or contrary to public policy where a contract involves some wrong doing, It will be illegal. If however, the conduct is neither immoral or blameworthy but simply undesirable the contract will be void. A court may object to an agreement either because of a rule of common law or because it is contrary to statute. Contracts illegal at common law * Contracts to commit crimes or civil wrongs eg a contract to assassinate someone or to defraud Zimra * Contracts involving sexual immorality * Contracts tending to promote corruption eg contract to bribe an official. * Contracts trading with an enemy of the state * Contracts directed against the welfare of a friendly foreign state. * Contract prejudicial to the administration of justice eg contract not to prosecute a person for an offence concerning the public. * Genuineness of Consent The agreement must have been entered into freely and involves a meeting of the minds. The agreement must not be invalidated by a number of factors, mistake, misrepresentation, duress and undue influence. * Mistake The general rule is that mistake does not affect the validity of a contract. The guiding principle is the caveat emptor which means ‘let the buyer beware.’ So if a person agrees to pay $1000 for a car which in reality is only worth $500, the contract is valid and he must stand the loss. It should be noted that a mistake at law will not invalidate a contract, since everyone is presumed to know the law. There are , however some kinds of mistake which so undermine the agreement that the contract is void. If this is the case, no rights of ownership can pass and any goods which have changed hands can be recovered. A mistake will invalidate the contract in the following situations. * Mistakes as to the subject matter of the contract. The parties may be mistaken as to the identity of the subject matter. If a seller makes an offer in respect of one thing and the buyer accepts, thinking of something else, the parties are clearly talking at cross purposes and there is no contract. * – mistake as to the identity of one of the parties. This may invalidate the contract where the identity of the party to the contract is material to the contract, a mistake will result in the contract being void. Where the identity of the party is not material, the contract will be valid until the mistaken party avoids the contract for misrepresentation. * Mistaken signing of a written document. As a general rule, a person who signs a document is assumed to have read, understood and agreed to its contents. Exceptionally, a person may not be able to plead ‘nonest factum’- ‘it is not my deed.’ 3 factors must be present if the contract is to be avoided, the signature must have been induced by fraud, the document signed must be fundamentally different from that thought to be signed and the signer must not have acted negligently. Rescission of terms The court may be prepared to set aside an agreement provided the parties accept the conditions imposed by the court for a fairer solution to the problem Rectification If a mistake is made in reducing an oral agreement into writing, the court may rectify the document so that it expresses the true intention of the parties. Specific performance A court may refuse to grant an order for specific performance against a party who made a mistake, if it would be unfair to enforce the contract against him. * Misrepresentation The formation of a contract is often preceded by a series of negotiations between the parties. Some of the statements made may turn out to be false. The nature of the statement will determine whether a remedy is available and if it is what type of remedy. A false stamen which is not incorporated into the contract is known as misrepresentation. A misrepresentation is a false statement made by one party to induce the other to enter into a contract. It must be shown that the statement has induced the person to whom it was made to enter into a contract. Kinds of misrepresentation and their effects There are 3 kinds of misrepresentation; fraudulent, negligent or innocent. In each case the contract is voidable. * Fraudulent Misrepresentation If the person making the statement knows that what he said is false, he will be liable for fraud. The injured party may rescind the contract and also sue for damages for the deceit. * Negligent Misrepresentation This is where the person making the false statement has reasonable grounds for believing it to be true. Damages may be awarded for a negligent misstatement. * Innocent Misrepresentation Is a false statement made by a person who had reasonable grounds to believe that it was true, not only when it was made, but also when the contract was entered into. The basic remedy is rescission of the contract. Rescission It aims to restore the parties to their pre contractual positions. Money or goods which have changed hands must be returned. * Duress and Undue Influence The general rule of law is that a contract will only be valid if the parties entered into it freely and voluntarily. Where a party to a contract or his family is subjected to threats of violence, the contract may be avoided on the grounds of duress. In undue influence, the relationship between the parties may be such that one occupies a position of dominance and influence over the other. There are several relationships such as doctor and patient, solicitor and client, parent and child where it is automatically assumed that undue influence has been at work. The contract will be set aside unless the dominant person can prove that the complainant had independent advice. Where there is no special relationship between the parties the complainant must prove that pressure was applied. Breach of Contract This may occur in a number of ways. It may be an anticipatory or actual breach. * Anticipatory Breach This is where a party states in advance that he does not intend to carry out his side of the contract or puts himself in a position whereby he will be unable to perform. The injured party may sue immediately for breach of contract or alternatively wait for the time for performance to arrive to see whether the other party is prepared to carry out the contract. * Actual Breach One party may completely fail to perform his side of the bargain or he may fail to carry out one or some of his obligations. Not every breach of contract has the effect of discharging the parties from their contractual obligations. The terms of the contract may be divided into those terms which are important (conditions) and the less important terms (warranties). A breach of a condition does not automatically terminate the contract. The injured party has a choice: he may wish to be discharged from the contract and claim damages for the breach. A breach of warranty only entitles the injured party to sue for damages. Remedies Every breach of contract will give the injured party the right to recover damages (financial compensation) other remedies such as specific performance and injunction, may be granted at the discretion of the court as part of its equitable jurisdiction. Damages In the business world it is quite common for the parties to agree in advance the damages that will be payable in the event of a breach of contract. These are known as liquidated damages. If there is no prior agreement as to the sum to be paid, the amount of damages is said to be unliquidated damages. Liquidated Damages The parties establish at the outset of their relationship the financial consequences of failing to live up to their bargain. Provided the parties have made a genuine attempt to estimate the likely loss, the courts will accept the relevant figure as the damages payable knowing the likely outcome of any legal action, the party at fault will simply pay up without argument. Unliquidated Damages The aim is to put the injured party in the position he would have been if the contract had been carried out properly. Damages are designed to compensate for the loss. If no loss has been suffered, the court will only award nominal damages: a small sum to mark the fact that there had been a breach of contract. Equitable Remedies The normal remedy for breach of contract is an award of damages at common law. There are some situations, however where damages would neither be adequate nor appropriate. Equity developed other forms of relief to ensure that justice is done. The more important of these equitable remedies are specific performance and injunction. Specific Performance A decree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations. Failure to comply with the directions of the court, lays the defendant open to imposition of penalties for contempt of court. Injunction This is an order of the court requiring the party at fault not to break the contract. Its main use is to enforce the negative promises that can that can occassionaly be found in employment contracts. The employee may agree eg not to work in a similar capacity for a rival employer during the period of his contract. Cancellation of the Contract The parties to a contract may expressly agree that breach of a certain term will entitle one of them to cancel the contract. Such express terms entitling cancellation may take any form, but the most common are forefeiture clauses, fore closure clauses and the lex commissoria. A forefeiture clause in a contract of letting and hiring is a clause which entitles the landlord to cancel the lease and have the tenant ejected. If the tenant is in breach of certain specified terms one of which is usually the payment of rent on the due date. In the absence of such a forefeiture cluse, a term governing the payment of the rent on a particular date is not material term and the land lord canot therefore terminate the contract merely on the ground that the lesee is in arrear with the rent. A foreclosure clause in a mortgage is a clause entitling the mortgagee to call up the bond where the mortgagor is in default usually by non payment of interest on due date. A lex commissoria is a provision in a contract of sale that the seller is entitled to cancel the contract on breach of one or other of the terms of the contract usually non payment of an instalment in the case of a sale where payment is made by instalments. Such a lex commissoria may, and usually does, contain valid penal provisions entitling the seller to retain so much of the purchase price as had already been paid to him, despite his cancellationof the contract and recovery of the subject matter of the sale. Termination of Contracts Performance A contract is terminated by the performance of the reciprocal obligations of the parties. Set off Where 2 parties are in debt to each other and the debts are due and liquidated, both debts are automatically extinguished if they are of the sameamount. If one is larger than the other, the smaller is extinguished and the larger automatically reduced by the amount of the smaller debt. Merger It is the concurrence of the debtor and creditor in the same person and in respect of the same obligation. It destroys the obligations in respect of which it operates. Thus if x is the tenant of y and he purchases the property from y, the lease comes to an end and for the capacities of landlord and tenant are merged in x. Agreement The parties may by agreement put an end to contractual obligations by waiver or novation. In both cases the express or implied agreement of both parties is necessary. * Waiver Is the abandonment of rights by one or both parties to a contract. It is itself a contract which requires offer and acceptance in the ordinary way. Agreement to waive may be implied, but the courts will not lightly infer the abandonment of a right. It must appear clearly from the words or conduct of the parties. The person who waives a right can only effectively do so if he has full knowledge of the right. If he purports to waive a right while ignorant of its extent even as a result of ignorance of the law the waiver is ineffective, despite the rule ignoratia uris haud excusat, provided the ignorance is probable and justifiable. The abandonment may be of all rights under the contract, which is in other words cancelled by mutual agreement, or of only certain of the rights eg waiver of one party only. Novation It occurs where the parties agree to a new contract which replaces the only one completely. The original contract is therefore terminated a new contract comes into being. The new contract, may indeed bring third parties to the original contract into the new one as parties (eg assignment and delegation) Cession on the other hand is really something different. There is not a rule to the new contract and therefore no novation. The original contract remains in existence but the right to receive performance is ceded by the cedent to the cessionary. Compromise is an agreement between persons for the settlement of a matter in dispute, each party abating some of its previous demands. If parties to a contract dispute each other’s rights in terms of the contract and subsequently they compromise their rights are regulated by the compromise and not by the original contract which falls away. In such a case, as the parties enter into a new contract which replaces the old one, it is clear that compromise is a form of novation and the ordinary rules apply eg a compromise requires strict proof, the presumption being against it. Insolvency The contractual rights and duties of an insolvent are affected in various ways by the sequestration of his estate. The majority of the rights and duties of the insolvent vest automatically in the master of the supreme court until the appointment of a trustee when they vest in the trustee. It is the duty of the trustee to recover all debts due to the estate, to liquidate the estate and to distribute the proceeds among the creditors who have proved claims against the estate. Insolvency is terminated by rehabilitation by court order. Rehabilitation discharges all debts of the insolvent, which were due, or the cause of which had arisen before sequestration. Death Death of a party does not terminate the contract. A form of compulsory assignment takes place and the rights and duties of the deceased, other than in terms of contracts involving personal skill which are terminated, pass to the executor.

Friday, September 27, 2019

Cellular respiration and fermentation Lab Report

Cellular respiration and fermentation - Lab Report Example The researcher states that studying fermentation and respiration as done in this experiment has implications for industry, as fermentation reactions, for one, impact the way we produce an important industrial product for instance, in this case, ethanol. The nature of the sugar matters too, as the use of particular kinds of sugars in ethanol production, to use the same example, affect a number of products that are produced in such reactions. In the first part, fermentation is measured using gas height as the proxy for carbon dioxide measure and the rate of reaction. In the second part, respiration is measured in terms of carbonic acid production. Â  The key materials used are the following: 10 percent sucrose solution; 10 percent glucose solution; peas; distilled water; phenol red; yeast stock; wax pencil; water bath; hot plate; test tubes of various sizes; beaker; test tube corks and holders; test tube rack. The idea behind the test tubes of varying sizes is to create a respirometer using two sizes of test tubes, for the experiment involving the yeasts. A practice session involves filling the smaller tube, measuring 15 x 125 mm with water, placing that inside a 20x150 mm test tube, and inverting to the point where the air bubble in the smaller test tube is as small as can be made from the process. In the actual experiment, three different test tubes are filled with two-thirds of either ten percent sucrose solution, ten percent glucose solution, or distilled water, and then topped off to the brim with yeast suspension. The inversion method practiced above is utilized to mix the solutions and form the respirometers. The respirometers are allowed to incubate for one hour, while placed in a water bath set at 37 degrees Celsius. The gas bubble heights are measured after the period of incubation. The idea is to be able to undertake a comparison of how the three sources of food in the test tube compare with regard to their suitability as food for yeast. This is the f irst part of the experiment (Experiment 7 n.d., pp. 59-61). In part two of the experiment, 10 peas that were either soaked, not soaked, and soaked and boiled were placed in each of three different test tubes, filled with water up to the two-thirds level, and covered with corks. After an hour and a half, two drops of phenol red were placed in each of the three test tubes containing the seeds, more when no color was visible or the color is too vague/thin. The results of the color observations were tabulated. (Experiment 7 n.d., pp. 59-61) Results The first part of the experiment measured the amount of respiration from the fermentation process, involving the yeast solution and the three food sources. Among the three food sources, the glucose solution had the highest change in the gas height at the end of the incubation period, with the gas height changing from the initial 1 mm to 6 mm. The sucrose solution had a lower gas height change, going from 1 mm initially to 4 mm at the end of the observation period. The test tube containing just distilled water showed no change in the gas height, indicating that no respiration took place. In the second part of the experiment, the setup containing the soaked beans had a yellow color, while the setup containing the beans that were both soaked and boiled remained red,

Thursday, September 26, 2019

Developing information systems to increase productivity, efficiency Research Proposal

Developing information systems to increase productivity, efficiency and profit - Research Proposal Example A lot of time was also needed to serve the clients of an organization. The clients were used to these slower procedures, as they were the standards of operations of the time. The employees of these organizations also had to suffer the huge load of tasks each day due to the manual procedures. However, with the modern technological developments that have been recorded in the past few decades, organizations have found it impossible to operate without information technology support. It has been observed that both medium and large organizations cannot operate for more than 24 hours without a modern technology support (Tutor Guidance, para.3). The use of this modern technology has also evolved over the past years from the primitive approach to technology to the proper planning and management of these operations. The modern technology that is in common use in business is information systems. An information system refers to a ‘collection of hardware, software, data, people, and procedu res that are designed to generate information that supports the day-to-day, short-range, and long-range activities of users in an organization (Discovering Computers 2000, para.1). Information systems have a variety of uses in a business environment and as such, there are different types of information systems. However, all these types of information are aimed at improving the efficiency in the business operations including management and decision-making processes. As a business organization that has expanded its operations in the recent past, Smith Collectible Airplanes finds it necessary to adopt modern technology into its operations. This paper focuses on the strategy that can be employed by the organization to establish Information Technology departments that will enable it improve its operations. It provides details on the types of information systems that can be useful to the organization and how they will be used. Types of information systems required by Smith Collectible Air planes There are different types of information systems that are applicable in the business environment. Some of the information systems are developments of the others. These include management information systems, office information systems, transaction processing systems, decision support systems, and expert systems (Discovering Computers 2000, para.1). Smith Collectibles Airplanes will require some of these systems in the initial stages whereas others will be necessary later as complex processes are encountered in the operations of the organization. One of the important information systems required by the organization is Transactions Processing Systems (TPS). A TPS will obtain and process data from a daily business activity like transactions and confirms the process by actions like printing of a receipt (Discovering Computers 2000, para.5). The organization performs large sales of products and purchase of materials. The TPS will be essential in managing such data. It will also be useful in the intended e-business by enhancing online purchase of the company’s products. Office Information Systems will also be useful to this organization. This will be essential in enhancing communication within the company and performing some calculation electronically rather than the traditional manual system adopted by the organiza

Corporate welfare Essay Example | Topics and Well Written Essays - 250 words

Corporate welfare - Essay Example Corporate Welfare takes a variety of forms from indirect to direct subsidizing, grants, loans, reduced tax-rates, and bailouts. The crisis that created the Corporate Welfare program in the 1930s was the Great Depression. This led to the government subsidizing the agricultural as well as other industries. Agriculture has traditionally been the most widely subsidized by the U.S. government (2). The effectiveness of Corporate Welfare is widely debated. Proponents view it as an investment that helps businesses and therefore the economy grow. The welfareinfo.org website states that â€Å"American companies remain competitive leaders in the global business industry and many owe at least a portion of their success to the funding support provided by Corporate Welfare† (3). However, many counter this argument by saying that only big companies and basically those who are â€Å"already rich† are subsidized at the expense of middle-class and poor people (4). They point to the recen t example of General Motors, which was a failing company until the government stepped in simply because they were â€Å"too big to fail.† It is clear from these historical examples and the opinions of experts that big businesses are given preferential treatment to smaller companies when it comes to Corporate Welfare.

Wednesday, September 25, 2019

Rug Bug Corporation Essay Example | Topics and Well Written Essays - 750 words

Rug Bug Corporation - Essay Example However, this is a small number when compared with the reported 4.5 million children who suffer from disabilities. So why do wheelchairs not sell to more children who need them The primary reason seems to be the high cost and the short period of usefulness of the equipment. If we consider the total number of children using wheelchairs and the age span of 8 years (14-6) that translates to less than 10,000 additional purchases each year, excepting of course, the replacements. As against this you have projected sales of 340; 5400; and 22,400 units in the first three years of operations - in a market that is growing at three percent anuually. This is not likely to go down well unless substantiated by other arguments. The additional market for children suffering from muscular dystrophy needs to be explained in greater detail and supported by data. In the meanwhile, you ought to consider revising the investment proposal by reducing projected sales in the 2nd and 3rd years. The wheelchair is a sign of ability impairment and may result in a lowering of self esteem and this will deter potential customers. The findings and recommendations of Doctors in that powered wheelchairs actually provide an impaired child with a sensory experience close to that of a normal child and improves their spatial skills and relations need to be highlighted in the promotion part of the marketing mix strategy. ... The additional market for children suffering from muscular dystrophy needs to be explained in greater detail and supported by data. In the meanwhile, you ought to consider revising the investment proposal by reducing projected sales in the 2nd and 3rd years. Critical Factors for Success: The wheelchair is a sign of ability impairment and may result in a lowering of self esteem and this will deter potential customers. The findings and recommendations of Doctors in that powered wheelchairs actually provide an impaired child with a sensory experience close to that of a normal child and improves their spatial skills and relations need to be highlighted in the promotion part of the marketing mix strategy. However, the projected sales and the promotional activity required to bring this message across require a spread over the entire US. This will be impossible to achieve within the small fund flow projections. The second factor will obviously be the backing of the medical fraternity for the product. Information about the unique qualities of the product followed by demonstrations would be required. The Business Plan You have made and presented the business plan without supporting most of the information with details of how these figures have been arrived at. These will definitely be required to be included. There is a need to clearly state the assumptions made and highlight the strengths of the organization that will be responsible for the operations of the company. Financing This is the most important part of the presentation and must be developed on a more realistic basis. I wish to point out that in addition to the overestimates of the sales in the coming years the

Tuesday, September 24, 2019

Work-Life Balance Essay Example | Topics and Well Written Essays - 1500 words - 1

Work-Life Balance - Essay Example Work-Life Balance As one of the CEOs has noted, people working for him need to have phones even in the bathrooms. Traditionally, business ethics is focused on the morality of action. Therefore, overwork and work-related stress caused by the lack of opportunity to spend enough time with family is the ethical problem which needs to be addressed. Mary in the mother of two small children and is the manager of the large department of the growing company. One day she faces the following situation: her children are sick, but she has to give the major presentation to 200 people who have traveled hundreds of miles to hear it. What should be done? The one may answer that Mary should rather take care of the children. While, most of the people would agree that the job will suffer if Marry blows this off. For most working men and women this situation is the reality, even in those companies which pay enough benefits for maternity leave and have other policies of flexible employment. Over the last 20 years, the hours people spend at workplace has raised steadily. According to the statistics, more than 40 percent of American employees feel that their workload in excessive. Moreover, the average working week (40 hours) does not provide sufficient income for the families. Another factor why people overwork is downsizing and the fear to lose the job. Downsizing has created the surplus in workload as well as increased insecurity – employees feel they need to do extra job or they will lose their place in the company. Such situations are morally questionable about the ethical right of employers asking the employees to do the extra job. Despite of the causes or motivators why people spend more and more time at work, finding the work-life balance has become the major ethical dilemma not only for working mothers, but also for the working husbands and fathers. Changes and Dilemma Resolution The ethical dilemma of work-life balance has been addressed by many organizations. In particular, the federal government of United States has introduced the flexible working hours and child care in 1996 (Deckman 1996). In 1996, the number of working mothers increased and organizations were forced to find the new ways to provide them with the opportunity to balance work and non-work priorities. The following changes were introduced into employment practices: flexible work schedules, on-site child care, flexible leave policies and other benefits. These were the first significant initiatives aimed at enabling employees to meet their family responsibilities. The special attention should be devoted to the flexible work schedules which were supposed to relief working parents from work-life balance ethical strain. First, the flextime means the system of work scheduling when the working day is split into two time periods: core time and flexible time. Employees are obligated to be at work during the core time and are accountable for the total number of hours scheduled to work (Deckman 1996). Unfortunately, there are very few studies available concerning the flexible scheduling benefits and even less studies addressing the impact of flextime on employee's family life. Employers might think that flextime is the solution for all employees in helping to balance work and life; nevertheless, the research indicates that there is only insignificant difference between the stress of parents who do and do not use the flexible work

Monday, September 23, 2019

Public Health and Safety Essay Example | Topics and Well Written Essays - 1500 words

Public Health and Safety - Essay Example These are just some cases where the public is left open to the hazards of the dangerous conditions of properties. In response to these alarming scenarios, UK had enacted several statutes to foster public health and safety. Already in place are UK's Torts Act 1977, laws on public nuisance, Public Health Act 1936, Defective Premises Act 1972, Fatal Accidents Act 1976, (Harpwood 2005,p.196-384) and the Occupiers Liability Act 1984. From the onset we must clarify that there is no contractual relationship between the owner of the property and the spouses . Since they came in to the premises uninvited , they must be deemed as trespassers as defined in the Occupiers Liability Act 1984 but the nagging question then is must the company be absolved from liability and the spouses be considered to have taken undue risk and must suffer for their own misfortune. Or must the company be liable for the damages done on the basis of 'res ipsa loquitor' principle on Torts as it cannot be denied that damages happened in its property and therefore there is an assumption of negligence and want of due care on its part. Thus, must the company be considered a tortfeasor which has the burden of proof of proving that it is not guilty of negligence in immediately fencing the condemned property after knowledge of possibility of causing harm to the public and that it exercised due standard of care. If it fails to prove both, must it answ er for damages incurred to the spouses on the basis of failing to qualify for the 'reasonable man test'(Bolton v Stone) and on grounds of nuisance. Lastly, whether spouses by trespassing in a property which has a warning sign that people will be entering at their own risk guilty of contributory negligence by which company can hide under the doctrine of limited liability and whether by such act the spouses must be assumed to have voluntarily exposed themselves to the risk and thus must be precluded from recovery for injuries they suffered therefrom under the principle of "volenti non fit injuria" (Barker 2002,p.181). 3 Statement of Relevant Laws The basic law that governs this case is the UK Torts Act 1977 specifically quasi-delict or culpa aquiliana which provides that where there is no preexisting contractual relationships between the parties, the party who by act or

Sunday, September 22, 2019

Ethics of Peer to Peer downloading and Sharing Essay Example for Free

Ethics of Peer to Peer downloading and Sharing Essay Abstract In the short time that computers and internet have existed in the modern era, the world has seen a complete 360 degree turn and in the various forms of electronic entertainment that people all over the world are now using. In the days before CD’s, DVD’s and the internet, not much was said if a vinyl album (remember these?), VHS cassette (or these?) or an audio cassette was loaned to a friend for their listening / viewing pleasure, but today with the availability of sending an email with three or four megabytes (mb) of information, one can enjoy a borrowed song but is assumed that it is piracy or stealing. Is this a fair assumption? This Author will not give his opinion but rather discuss both sides of the Peer to Peer (P2P) downloading and sharing issues and let the reader form their own opinions. Peer downloading and Sharing: Definition and History â€Å"Peer-to-Peer† technology, what is meant when this phrase is mentioned in the world of electronic entertainment or computers? Usually in today’s environment, this phrase has a negative connotation assigned to it, but this phrase deserves a deeper investigation into all aspects of the concept. Peer-to-Peer technology is defined by the textbook of this class as â€Å"technology which permits easy transfer of files over the Internet by large numbers of strangers without a centralized system or service.† (Baase, 2008) When this definition is read, does it imply an impartial connotation or is the definition insinuating that this technology is wrong without some form of centralized system or service? Who knows? This is up to the reader to decide, but much probably depends on the readers personal opinion on the matter. With the textbook’s definition stated, what is actually meant by P2P technology? In Basic English, P2P technology is the ability share / loan / give an electronic file of any sort, be it music, software, video or documents, with anyone that is logged onto to the same server or network as the person in possession of the file. Another important definition that needs to be stated is that of â€Å"Copyrights.† Copyrights are defined by the Merriam-Webster online dictionary as â€Å": the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)† (Merriam-Webster 2011) Again in Basic English this translates to that the original owner of a product has all rights to make profits from their product or service. But, there is always a but, as this definition does not state, do these legal rights apply to the sharing of a product or service and thereby not making a profit from the product? There seems to be two main questions that need to be answered and they are: 1) What is the legal definition of â€Å"sharing?† and 2) What is the legal definition of â€Å"making a profit?† It would seem that until someone legally defines these, this will be the never ending question that will continue plague the electronic world of entertainment. These two questions will be discussed later in this document. As with many things in life and technology, when these ideas and concepts were initially invented or designed, apparently these people did not look to the future and what may become of these ideas or designs. When the initial copyright law was passed in 1790, computers, MP3’s and various other forms of electronic technology did not exist and this law only covered books, maps and charts and protected them for 14 years. (Baas, 2008) It wasn’t for almost 130 years that the US Congress updated the law to include photos, sound recording, and movies but again nothing is done to define profit or sharing as it relates to this topic of conversation. As time has passed, various countries, including the USA, have passed and enforced stricter laws, mostly in favor of the entertainment industry. i.e. copyright infringement, illegal sharing of copyrighted material, and profiting from copyrighted material. All of these examples seem very similar but in reality they have some very fine differences that if you ask any judge to define, you may end up with as many different answers from each different judge asked. This is where the dilemma starts. As time has passed and technologies have become available to the average people of the world, including those with lesser amounts of disposable money, the ability to â€Å"share or loan† electronic material has become increasingly popular. The question still remains in the mind of this author; what is the difference between sharing and audio cassette with a friend and sharing an MP3 that has been legally copied from disk or downloaded from Itunes? In the eyes of many people, there is not a difference in these two concepts. In the eyes of many, the concept of sharing a MP3 is that same as sharing a cassette but has followed the theory of evolution and grown from the era of physical items, like cassettes, and evolved to the electronic media market. This sharing concept brings forth another question. Why did music industry and other various media companies not try to enforce the existing laws when it was only video and audio cassettes? Could it be that â€Å"back in the day†, the number of cassettes / albums being shared were not near the numbers of electronic media being shared today? This seems to be the probable answer because to share a cassette or album there needs to be some form of physical contact between the two participants and to share electronic media the two participants can be miles apart and only need a computer with internet or email access. Back in the day, the amounts of profits lost were not worth the legal fees to fight the practice of â€Å"Sharing. Present Day Operations So now let’s jump to the present day and discuss the practice of Sharing as it is being practiced today. By present day, it is to include the modern era of computers and the Internet. With the invention of the Internet, CD’S, DVD’s and other forms of electronic technologies came to associated people that would eventually try to use these inventions to their fullest extent. This too included the sharing of files, music and software. Napster was one of the first agencies to openly advertise that you could â€Å"share† files with their P2P software. What happened? According to History.com, Napster began operation in 2000 and by later in the year, some 60 million users were freely â€Å"sharing electronic media of various forms. This is where the modern practice of enforcing the existing versions of copyright laws was being challenged in court. Napster, as it originally operated, only lasted for about a year and a half before the legal eagles of the media industry came at them with a vengeance and essentially shut them down. These lawyers, representing just about all aspects of the music industry, â€Å"filed suit against the company, alleging vicarious copyright infringement under the U.S. Digital Millennium Copyright Act of 1996.† (history.com) Although Napster continued to exist in various forms since 2000, after going legit, they just have not had the same impact on the P2P world that they had back then. As of 30 Nov 2011 Napster, who was owned by Best Buy, has been sold to Rhapsody in an effort to increase Rhapsody leading music subscriber database. (cnnmoney.com. 2011) Along the same time as the Napster rise and fall, other P2P companies were trying to find every legal loop hole to be able to continue operating without worry of legal action from these media moguls. These companies included, but were not limited to Grokster, Kazaa and the nearly legal Limewire. Throughout the years that followed, these companies tried every possible exception to the laws to circumvent the laws but in the end even Limewire was shut down by the US Gov’t. In the past, when you loaded Limewire’s website, their page was loaded with ads, software download links and various other stuff, but now all you get is the official seal of the US Justice department and a warning that you are trying to access a seized webpage and/or to stop distributing their P2P software. What is interesting now is that the P2P software industry and music / movie are not the only ones trying to stop the use of computers and the internet to share files, now TV moguls are also trying to jump on this bandwagon. In recent years, websites and various users have been streaming live sporting events to the internet via their personal paid cable TV services such as Comcast or DirectTV. The websites included rojadirecta and ahdte, but again if you visit these sites you will be met with the justice department seal and a disclaimer saying they have been seized and shutdown for illegal operations such as copyright infringement. The question now is what is considered ownership of the pay per view service? For example, if customer A uses the pay per view option on his/her cable box, does he/she now own the program and therefore has the right to reproduce the item as they see fit? Or, do they still have to obey the original reproduction laws. Another concept is this. If Customer A purchases the right to view a program and then puts said program available for viewing by friends that visit his/her house, is this copyright infringement? The list of questions goes on and on. If customer A purchases the right to view the program and then chooses to stream the program to a free and public website, can others log onto this website, view the program and not be guilty of breaking any laws. Although there may be some ethical and moral questions to answer for, these do not affect the legality of this arena. Customer A did not make a profit by streaming the program to a free website. Customer A did allow friends to view a program that by legal intention of the law was for the viewing of customer A only. Viewing live streaming is not the exact same as that of P2P sharing of files but does have the same implications. Someone is receiving a product or service that was not paid for, At least this is what the media industry would like the legal system to believe. In the 2011 it would appear that the media industry is winning the legal battles, albeit they are having much more success within the USA than other parts of the world. This is especially true in the more disadvantaged countries. This author will use his current country of Colombia, South America as an example. Here it is very common place to purchase or download shared versions of music, movies and computer software. Why is this? Quite frankly this is a poor country and without these shared versions of these products, people here could not afford any of these products at regular corporate pricing. After experiencing the technological environment here, one can understand why the â€Å"shared† file industry is so important. Ethical Questions So! Many views and examples have been shown for both sides of the P2P and file sharing argument. Now the questions need to be presented as to what laws are actually being violated. The media industry would have you believe that by sending a legally purchased MP3, for example, to a friend for their listening pleasure, that both parties are now breaking the copyright laws for that artist. Furthermore, the media industry wants you to think that if you would not have shared this MP3 with your friend, then this friend would have to go to a store and purchase this same song on a disk. The general public counters these arguments with these answers. The persons sharing the MP3, would argue that they are not violating the law because they are only sharing the music with each other and neither party is making a profit off the item and that by sharing the item first, one can make an informed decision on whether to spend more money for the entire disk or possibly only purchase the single. These same arguments apply to almost all portions of the P2P file sharing industry and live streaming of television events as well. Conclusion Basically it comes down to this. The media industries want to continue receiving and growing their profits and the general public would things for the lowest possible price. Whether or not to use P2P file sharing technology or view live event streaming on computers will always be a moral and ethical question that only one person can answer. That person is, the person that is deciding whether to use the P2P technology or not and will always be a personal issue that each and every one that uses these technologies will have live with. Everyone will have to answer this for themselves. References Baase, S. (2008). A gift of fire. (3rd ed.). Upper Saddle River, NJ: Prentice Hall.Microsoft Server and Cloud Platform (N.D.). Windows Server 2008 R2, Retrieved Merriam-webster online dictionary (2011) Definition of copyright. Retrieved from http://www.merriam-webster.com/dictionary/copyright History channel (N. D.). The death spiral of Napster begins Retrieved from http://www.history.com/this-day-in-history/the-death-spiral-of-napster-begins CNN Money(N.D.), Today is Napsters last day of existence, Retrieved from http://money.cnn.com/2011/11/30/technology/napster_rhapsody/index.htm

Saturday, September 21, 2019

Impact Of Climate Change On Insurance Companies Commerce Essay

Impact Of Climate Change On Insurance Companies Commerce Essay Change in climate is emerging up as a new type of issue in the security aspect because of the way it affects both the life and the well-being of humans in a highly interconnected and fragile world. (Evans, 1994, 107-128) Changing climate is becoming a threat to the basic welfare and survival needs of humans across the globe, including the production of food, health, access to water and the utilization of land. Environmental deprivation rising from different kinds of economical activities of humans has increased the intensity and frequency of natural disasters throughout the world. Around the world, there has always been natural development in the weather and climate events. In fact, the insurers have become experts in modelling the disastrous risks which has now become an incorporated instrument in the insurance industry. This has helped a number of businesses to digest the losses from unexpected natural disasters without important defaults. This has now led to the fact that insurance companies have become more refined in analyzing, managing and understanding their recent risks because of their natural disasters around the world. Many of the companies in United Kingdom are observed to be improving in managing and assessing their ways of dealing with the future trends and risks of the industry. As a number of UK insurance companies have started to note it, depending on their previous weather conditions and patterns for planning out strategies for future. For this, they must identify the probability of losses and gains related to weather conditions. The impact of climate change is on a very wide range from increased amount of hurricanes, fires and floods to health and life getting affected by changing patterns of hot and cold weather. (Evans, 1994, 107-128) Physical impacts effect on insurers: Companies of insurance and reinsurance are likely to face the strong impact of the changes in climate more than other parts of the financial businesses. There are a number of examples where it is seen that that how extremely weather condition can affect the insurance companies, the government and the sectors at backstops. Whilst there are examples of how the weather changes are affecting the insurance industry because of the flexibility of the insurance sector, in other ways it is quite well positioned in adapting the changes in weather events and patterns. (David, 2007, 28-38) Threat of climate change for insurance industry: The main threat that is facing the insurance industry is climate change. This threat affects both property and casualty insurance that the insurance people. Another concern: the two sectors will have to adapt to demographic change that is looming. This emerges from a study by Ernst Young, in collaboration with Oxford Analytica. Ernst Young has compiled a top ten list of threats that will confront insurers after interviewing twenty industry leaders worldwide. According to Ernst Young, climate change tops the list because global warming is changing the climate and increases the likelihood of claims arising from floods, hurricanes and other natural phenomena. Im not sure the industry is poised to cope with climate change, warned Tom Kornya, a partner at Ernst Young, in an interview with Insurance Journal. Five years ago, this risk was not even on the list. Mr. Kornya adds that not only the sector of damage insurance that will be affected by climate change, life insurance should also deal with it sooner or later. Damage will come to insurance when climate change will result in wind storms and floods. In life insurance, the consequences will be gradual. With temperatures that may change, life insurers will face new problems in health and mortality. So there could be different types of losses. The underwriting of these products is booming and no one has yet measured that cause climate change. The success of the industry will go through the development of innovative products, which will face great uncertainty, such as typing speed and severity of climate change, he said. The second risk that the industry faces is the demographic change with the arrival of the baby boomers retire, resulting in new needs. Insurers would be under great pressure, they will need to replace governments. (Rober, 2010, 34-33) In addition to the pressure generated by this new role, insurers will also deal than their competitors. Banks, mutual fund companies and all financial institutions will struggle to get the same dollar. There is a risk there too. Insurance companies must remain innovative with their products to keep the advantage, says Kornya. (Rober, 2010, 34-33) The environment in which insurers and practice is constantly changing quickly, said Tom Kornya. We find that consumers are looking for simple, low cost products and others who want more complex products that are also more expensive. A company that will not have a multichannel access could fall into the background if it does not use Internet, media and telephone. The last two threats on the list of the top ten risks of Ernst Young are the legal uncertainties and the possibility of geopolitical or macroeconomic disturbances. In the first case, accountability and reform in terms of crime could lead to financial losses. For the second, the firm says that the threat of a severe financial crisis due to derivatives and hedge funds could be damaging to the industry. Opportunities for insurance: Climate change presents risks but also opportunities. The possible opportunities created by the effects of a changing climate may require nurturing through the dedication of attention and resources. Too often, news coverage portrays climate change as a doom-and-gloom story of impending disaster. Certainly, many of the possible impacts of climate change are likely to negatively affect us, and we must address them, but we should not ignore the possible opportunities that a changing climate could create in part by proactively adapting to them. Some economic sectors and businesses may do better because of the effects of climate change, and they should seek to identify those new economic opportunities and invest in pursuing them. Turning back to the example the reduced reliance on winter roads due to warmer average temperatures disrupts supply chains and increases costs for the mining companies operating in the region. (David, 2007, 28-38). It is a risk for insurers, but also a great opportunity, says Tom Kornya. There will be a great demand for pension products. Baby boomers look for low-cost products that generate revenue. By cons, debate the role of government in the pension is not very advanced. Insurers will be required to take this place and this is a new risk to which they are unaccustomed. Financing and advisory Companies in carbon-intensive sectors are already seeking finance to help them decrease greenhouse gas emissions. In the public sphere, large sums of capital will be needed in the coming decades to develop, modify and renew key energy, transportation and flood defense infrastructure across the world. Climate change may appear to be a slow burn issue for the financial sector, but companies would be wise to give it significant attention, as much for the emerging upsides of changing demand as for protecting themselves against the erosion of value in the long term. Hedging and trading The demand from the industry is increasing for a number of risk transfer instruments in order to protect the companies against the increase in the prices of energy, the changing patterns of weather and the probable failure of current newly introduced technologies. The occurrence of carbon among the commodities that are tradable has grown higher to complex products that are starting to pull a large number of financial organizations and allow some further violation and exploitation of the products. Consumer revenues The awareness spread about the green issues encourages growth in socially responsible investments by the consumers and organizations alike. Even though, the market for mortgages, insurance and loans that give reward to low carbon behaviour is right now less, it may increase quickly. Similarly, the increased awareness of windstorms and floods has started to increase the desire of customers who are at risk for the property and casualty insurance. Implications: There are a number of activities that the insurance industry can do in order to improve their understanding of the impact and affects of change in climate, help the society and government to understand in a better way and prepare for the risks involved in the development in fire-prone or coastal areas and make items that could protect their clients from the damage induced by the climatic change. Following are some of the implications in order to reduce the negative impact of the climate change on the insurance industry: (Evans, 1994, 107-128) Most of the climatic scientists agree that the weather conditions in future are most likely to differ that the previous weather conditions. Thus, it will be sensible for the insurers to understand in a better way, what will be the future if the predictions of the scientists are true. Risk models can be developed on the basis of these predictions with the help of expertise. We can also put more potential for the research and studies as they will provide more knowledge and analytical capacity. It will also help in enabling the insurance companies to find the hidden markets and new opportunities for their products along with the risk management and educating consumers. (Rober, 2010, 34-33) Work with the scientists in order to raise the economic relevancy and accurateness for the climatic change modeling. Disclose and acknowledge the risks of climatic change in annual security filings and by other business communications. Should take a practical approach in order to influence the planning and development of land use, in fraction as most of the expected rise in the losses are stemming out from the disastrous events that could be prevented by good spatial planning. There are a number of steps that could be taken: 1) keep the valuable property out of the risk regions and 2) grant both the economic and environmental benefits. Reference Rober, D., (2010), NAICs Climate Dogma Is Putting Insurers at Risk, National Underwriter / Property Casualty Risk Benefits Management, Pp. 34-33 Evans, S., (1994), Recent climatic change and catastrophic geomorphic processes in mountain environments, Geomorphology, Pp. 107-128 David, P., (2007), Impact of Climate, Bests Review, Pp. 28-38 the unpredictability of future climate brings significant threats for insurance companies.The unpredictability of future climate brings significant opportunities for insurance companiesConsider the arguments for and against the above statements. W $Content$ References Authors Last Name, First Initial. (Date of Publication). Title of publication. Place of Publication: Publisher.

Friday, September 20, 2019

The Politics Of The Reproducibility Cultural Studies Essay

The Politics Of The Reproducibility Cultural Studies Essay Reproducibility is the ability of something to be accurately reproduced or replicated by another individual working independently. It relates to the agreement of the results with different operators using different tools at a different location. The results are always reported as a standard deviation from the original plan. In Benjamin works of art, reproducibility is a process that occurs slowly and may take a long time. Benjamin discusses the reproducibility in the works of art and the entire world of photography and film. It is all about the modern age and its effects on the work of arts. How art has been changed by the perception of the humans through time. Reproducibility changes the original piece of art through the change of the originality or aura of the artistic image, the real message put across and the cult value of the original art. The reproduction of pieces of art causes a total change in the perception of the art and can send a total different meaning to the observer. Reproducibility is an inevitable process that takes place over time and it serves to bring a lot of change in the meaning of art. It overshadows the concepts of originality and creativity of art. It can therefore be said that reproducibility is one big enemy to the world of art and the divine talent requirement to be artistic. A look at the photography of today, there is so much reproducibility of photographs of various places and features that the real image or the original item cannot be defined. It is not easy to tell anymore if the items in photographs are really as represented. Photography can be said to leave out a lot of details of the original thing. For example details such as the distance, vegetation and the color are completely distorted. With the advances in technology photographs can be used to represent an image of a certain thing just like in a painting. This also leaves out a lot the originality of the image displayed. For example the photographs of the mountain like the Alps remove the concept of space and time. According to (Blunden ii), even the most perfect pieces of art that are reproduced are lacking in the element of space and time. The technology of the modern times in photography renders the work of art impure. While some pictures will want to portray the mountains to have peaks that are slightly steep and have very green vegetation others show complete different imagery of steep peeks and no vegetation. This technology of photography renders the works of art impure and changes the original forms of the art. Photography can be said to make the work of art loose the aura or the authenticity through the mechanical production. While the photograph of the mountain will be representing an image of another image, a painting will be the original mountain. Paintings would capture the concentration and contemplation of the viewer unlike photography. The paintings would be fascinating and inviting to the observer. The cult value that would have been in a painting is replaced by the exhibition value in photography. The cult value does not disappear suddenly but in a shadowy manner. The cult value is still represented in photography but in a far distant manner because just like the portraits, photography is also meant as storage of memories. Photography as a replacement of painting brings out a distant political significance through the creation of memories. The images of photography also bring out a very different side of the original. The photographs are meant to capture what the original person and the photographer want to portray to the viewer; therefore the original thing is not what the viewer sees but the viewer is subjected to a totally different concept. Photography has led to the shift between the original, authentic value of what the viewer is subjected to, to a more modern way of view. The paintings displayed the original view of the items with the same color, creativity and authenticity were also very much a part of the paintings, but with photography most of these aspects are lost in the modernity part. Photography values the exhibition value more than the cult value. The photographs do not evoke the free contemplation that a painting will. They both portray the past events but paintings have the free flowing contemplation and concentration in the viewer compared to a photograph that will carry less of such value. Photography is a reproduction of the paintings and therefore fails to achieve the original basis of paintings. The photographs shape the original political meaning of paintings through randomness storage. Unlike the historical times when the paintings were done according to specific occasions or factors, photography is done at any particular time with little consideration to reasons. Photography also presents a distraction with mixed ideas and presents the perception of avoidance of difficult tasks. The works of art will generally capture the most difficult of tasks and will aim at the presentation of the most important factors of an item. Art is able to bring the masses together; it acts to mobilize the people through getting their attention to a particular thing. Photography on the other hand falls below these perceptions and always takes the easiest way of artistic representation. The photographs tend to present a distraction instead of a pull and these shows that the master of the art is just but a habit than really the creativity and talent in it. The public is therefore made as an observer but only absent mindedly without the proper concentration that the works of art expects. The idea is to capture and satisfy the human interest which could simply be the removal of the special function from the field of view. The images of photography therefore leave out a lot of the important details of art meaning the concept of reproducibility leads to the distortion of the original concept. The mechanical change noted in the photography means that the reproduction of the works of art leads to the change in the method of exhibition. Photographs simply change the reaction of the public to works of art and change the perception of the works of art. It gives the masses an option of critics. The historical work of arts like the paintings and the portraits were easily accepted by the masses but the photography technology of the modern day has been faced with a lot of critics. For example in Blunden essay, he says that the 19th century disputes to whether photography is a work of art, (part 7). This shows that there is doubt in people at the authentic value of photography in comparison with art. Photography fails to create the subtle effect in the viewers that a simple portrait would. On the other hand, this mechanical production of the works of art is bound to change the public reaction to the particular piece of art, (part 12). It can therefore be concluded that the effects of reproduction are adverse to the work of arts. It is quite unfortunate that reproducibility is inevitable especially with the new technologies that come daily with the modern world. The technology is bound to change the works of art and bring a different representation of art. The political significance shifts with every new introduction to the original piece of art. The works of art space and time concept are totally changed in the same manner. s

Thursday, September 19, 2019

KAKA E :: essays research papers

Barker White MC-400 WED Privacy: Chapters 7 & 8   Ã‚  Ã‚  Ã‚  Ã‚  What is privacy? What makes our lives private? Privacy is a law today that has not been known for very long. The idea of privacy that everyone has running through their minds is just to be left alone. In reality what constitutes the crossing of the privacy line. It wasn’t until 1890 when two men wrote in the Harvard Law Review about the â€Å"The Right to Privacy.? The two men were Samuel D. Warren and Louis D. Brandeis, the two were young lawyers who had the sense to right papers on what they thought were Americans rights to privacy. After their ideas were published they attempted to pass their knowledge on to the court systems asking to make laws that would follow their papers. Most court systems did not accept there law until 13 years later when the state of New York passed the first privacy law. The law prohibited the commercial exploitation of an individual (Pember 240).   Ã‚  Ã‚  Ã‚  Ã‚  The privacy law that the state of New York adapted well and began spreading to many states but not vert fast, it took roughly 90 years to get the law spread. Mainly because the most of the courts used the Bill of Rights as a persons?privacy protection. To this day there are states that still do not have individual privacy rights. As our government more clearly defines our privacy rights then more states will join in on adopting the rights to their laws. Within the past couple years the government has developed for different torts that would accuse somebody in invasion of privacy. The torts are listed as following:   Ã‚  Ã‚  Ã‚  Ã‚  1. Appropriation of name or likeness for trade purposes (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  2. Intrusion upon an individual’s solitude (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  3. Publication of private information about an individual (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  4. Publishing material that puts an individual in a false light (Pember 241) From the time that these torts were declared as the rights to privacy the law became much more complicated than before.   Ã‚  Ã‚  Ã‚  Ã‚  The first form of invasion of privacy is appropriation and the book defines it as taking a person’s name, picture, photograph, or likeness and using it for a commercial gain without permission (Pember 241). In laymen terms a person cannot impersonate another without the permission of the person being impersonated. This tort is the biggest of the four when it comes invasion of privacy. Of all the torts, appropriation is the oldest and the most comprehensible until more has been added on. An obvious case to relate how the basic form of appropriation works it

Wednesday, September 18, 2019

The Effects of the Chernobyl Accident on International Actions Concerni

The Effects of the Chernobyl Accident on International Actions Concerning Nuclear Power Early in the morning of April 27, 1986, the world experienced its largest nuclear disaster ever (Gould 40). While violating safety protocol during a test, Reactor 4 at the Chernobyl power plant was placed in a severely unstable state, and in a matter of seconds the reactor output shot up to 120 times the rated output (Flavin 8). The resulting steam explosion tossed aside the reactor’s 1,000 ton concrete covering and released radioactive particles up to one and a half miles into the sky (Gould 38). The explosion and resulting fires caused 31 immediate deaths and over a thousand injuries, including radiation poisoning (Flavin 5). After the accident more than 135,000 people were evacuated from their Ukrainian homes, but the major fallout occurred outside of the Soviet Union’s borders. Smaller radioactive particles were carried in the atmosphere until they returned to earth via precipitation (Gould 43). The Soviets quickly seeded clouds to prevent rainfall over their own land, so most of the radioactivity burdened Western Europe, Scandinavia, and the Atlantic and Arctic Oceans (Flavin 12). This truly international disaster had far reaching effects; some of these were on health, the environment, social standards, and politics. As the radiation settled over Europe, it had many effects. Since the Soviets did not alert anyone, Sweden, and to a lesser extent Poland, were the first nations to detect the radioactive cloud (Gould 40-41). By May 3 it had made its way all the way to Northern Scotland, and was also moving down into Eastern Europe (39). As radioactive particles dropped to the Earth’s surface, they were utilized by living orga... ... 1987. Gould, Peter. Fire in the Rain: The Democratic Consequences of Chernobyl. The Johns Hopkins University Press: Baltimore, 1990. Herbert, Douglas. â€Å"Disputed Czech Nuclear Plant Counts Down to Launch.† September 21, 2000. last accessed 5/9/04 at http://edition.cnn.com/2000/WORLD/europe/09/21/czech.temelin/ http://www.cphpost.dk/get/55328.html last accessed 5/9/04 http://www.planetark.com/dailynewsstory.cfm/newsid/16161/story.htm last accessed 5/9/04 http://www.spacedaily.com/news/nuclear-civil-01c.html last accessed 5/9/04 http://www.vanderbilt.edu/radsafe/9702/msg00015.html last accessed 5/9/04 Lungescu, Oana. â€Å"EU to Fund Chernobyl Replacements.† September 26, 2000. last accessed 5/9/04 at http://news.bbc.co.uk/1/hi/world/europe/913125.stm Segerstà ¥hl, Boris (Ed.). Chernobyl: A Policy Response Study. Springer-Verlag: New York, 1991.

Tuesday, September 17, 2019

Vegeterain vs. Meat Eaters

Vegetarians vs. Meat Eaters Introduction Vegetarianism is adopted by many individuals as way of living life. Vegetarianism is the voluntary abstinence from consuming meat. The issue is whether or not a vegetarian diet is truly safer than a diet consisting of meat. Individuals adopt a vegetarian lifestyle for different reasons. Some of the reasons consist of religious or ethical beliefs, or health reasons. Vegetarian diets are also recommended as a medicinal diet for individuals suffering from heart disease, type 2 diabetes, and high cholesterol.The results of a vegetarian diet may seem beneficial, but the safety of a vegetarian diet is questionable. Some individuals consider vegetarianism to be the healthiest way of living. On the other hand, severe consequences occur when relying solely on vegetables as a way of life. The intake of meat in a diet is necessary to obtain the nutrients not provided in vegetables. Vegetarianism In 1847, the term â€Å"vegetarianism† was coined by the founders of the Vegetarian Society of Great Britain. Consumption of only vegetables, have existed since the creation of diets.Increases of food not containing meat have increased since the 1990’s. Most of the increases occurred because doctors and medical organizations stated that limiting meat intake could result in a less chance of developing degenerative diseases. The vegetarian lifestyle dates back to one of the oldest cultures, the Hindus. Hindus consume a vegetarian diet because of their religious beliefs. Based on Hindu beliefs, beauty, good memory, and longer life spans are possessed, if meat is not consumed. Beliefs, such as the Hindus, differ depending on the culture.Vegetarianism is also used as a way of treating common illnesses. Currently, many individuals suffer from illnesses such as high cholesterol, type 2 diabetes, and heart disease. In some cases, the implementation of an all vegetable diet has been incorporated to help lower the effects related to the se conditions. In patients suffering from cancer, vegetarianism is used as a dietary therapy treatment. Vegetarianism is used to treat one of America’s largest conditions, obesity. In 2008, the medical costs associated with individuals suffering from obesity were about $147 billion (CDC, 2012).Implementing a vegetarian diet is one way to reduce the excess weight of obese individuals and lower medical costs. Implementing an all-vegetable diet is easy to implement and it is an economical practice for aiding in the treatment of medical conditions. Limitations of Vegetarianism Vegetarianism may be beneficial, but the deficiencies that occur as a result of this diet, outweigh the benefits. According to the governmental Food Guide Pyramid, five sources of foods should be consumed in order to supply the body with essential nutrients. The five food sources are: milk, bread, fruit, vegetable, and meat groups.These dietary guidelines were created to help individuals live a healthier li festyle. When a necessary nutrient is removed from the body, complications may begin to occur. Restricting meat from the body produces a deficiency in the nutrients needed for the body to function properly (Timko, 2012). The nutrients that the body loses on an all-vegetable diet consist of: Omega-3 Fatty Acids, Vitamin B-12, Calcium, and Iron. Omega-3 fatty acids are a type of nutrient that is not manufactured by the body, but is essential. This nutrient must be obtained through an individual’s diet, which would have to consist of fish.Omega-3 has the ability to slow the development of atherosclerosis, it is an anti-inflammatory, it lowers triglyceride levels, and it helps with depression. When foods are not consumed that contain this nutrient, individuals face a higher chance of developing cancer, cardiovascular disease, brain development complications, and inflammation (Timko, 2012). Vitamin B-12 is a nutrient that is found in the protein of animals, dairy, eggs, seafood, a nd plants (Web M. D. , 2012). Although B-12 is found in plants, it cannot be consumed by humans.Therefore, the consumption of meat is necessary. Vitamin B-12 is necessary for the body because it prevents the blood levels in the body from becoming too low (Web M. D. , 2012). When the body lacks Vitamin B-12, serious conditions may occur such as anemia (lack of healthy red blood cells) or irreversible nerve damage. The consumption of Vitamin B-12 also helps treat and prevents anemia, memory loss, unhealthy immune systems, loss of energy and concentration, and heart disease (Web M. D. , 2012) Calcium is the third deficiency occurring from restricting meat from the body.Dairy products provide the greatest source of calcium for the body. About 70% of the United States receives calcium from dairy products (MedicineNet, 2012). The body depends on calcium for the production of strong bones. Calcium also helps the lungs, heart, and muscles to function properly (Mayo, 2012). When the body lac ks calcium, it could result in low bone mass production which leads to osteoporosis (Mayo, 2012). The final nutrient lost in a vegetarian diet is iron. Iron is important because it aids in the transportation of oxygen throughout the body (MedicineNet, 2012).When the body lacks iron, individuals tend to feel fatigued and immune function decreases. To counteract the feeling of fatigue, it is important to consume meats that contain iron. Disadvantages of Vegetarianism The lifestyle of a vegetarian has drawbacks that could result into long term issues for individuals. The vegetarian lifestyle requires individuals to replace the nutrients received from meat, by using other products. Many vegetarians use cheese and other daily products to provide calcium and vitamins with their meals. Depending strictly on vegetables does not mean that an individual will be healthier.When individuals supplement extra products to make up for what they lack in meat, it could cause excessive weight gain over the years (Lunan, 2011). In an article entitled Vegetarians: Beware the Carbs and Cheese, 29,138 vegetarians and non-vegetarians were surveyed. The results showed that female vegetarians were no healthier than meat-eating females. On the other hand, male vegetarians suffered from gastrointestinal and musculoskeletal symptoms (Lunan, 2011). Mental disorders have the ability to affect numerous types of individuals, including vegetarians.In an article entitled Vegetarian Diet and Mental Disorders, based on a community survey, vegetarians were highly associated with having mental disorders (Michalak, 2012). The study showed how vegetarians had an elevated rate for mental disorders such as depressive disorders, anxiety disorders, and somatoform disorders. The study also showed that once a vegetarian diet was adopted, then a mental disorder followed the start of the diet (Michalak, 2012). When vegetarians restrict their body of what it needs, such as meat, it begins to affect the mind as well.It is mentally unsafe for a person to consume an all-vegetable diet. If consumption of only vegetables causes an individual to gain a mental disorder, it is obvious that this is an unhealthy choice to adopt. Anorexia is another serious condition that younger female vegetarians face. Some dieticians believe that teenagers who are limiting themselves to a vegetable only diet are also setting themselves up to developing anorexia nervosa (Vegetarian or Anorexic? , 1999). This disorder typically affects young females. Anorexia causes individuals to eat as less as possible, which causes malnourishment.When this occurs, it also increases the risk of developing high blood pressure, hormone imbalances, liver problems, and slow heart beats. Being a vegetarian gives individuals an excuse to worry about what they eat and to be overly cautious. When a younger female avoids food, she is typically avoiding it for the wrong reasons. The disadvantages that result from living a lifestyle of a v egetarian have the ability to cause life-threatening illnesses. Eating right, including all of the five food groups in a daily diet, is safer than adopting a diet that can have negative results in the future.Benefits of Meat Consumption Contrary to what most vegans think, important benefits are derived from consuming meat. The first benefit that individuals receive from meat is protein. Meats contain a large amount of proteins that are beneficial to the body. When protein is in the body, it allows for building of body tissues, repairing of damages muscles, and production of antibodies used to fight infections. Amino acids are also found in meats, which aid in strengthening the body’s immune system (Medical Daily, 2012).Meat contains all of the amino acids; therefore it is one of the best sources of protein. Not only does it provide protein for the body, it also helps to maintain your skin. A second benefit of consuming meat is that it contains three important nutrients: iron, selenium, and zinc. Iron is important because it aids in the production of hemoglobin in the body. It also helps transport oxygen thought the body (Medical Daily, 2012). Selenium is a mineral that is essential to good health, but has to be consumed in an individual’s diet. Selenium is found in crab, liver, fish, and poultry.This mineral is necessary because it breaks down chemicals and fats in the body. Zinc is an important mineral because it aids in metabolism and formation of tissue (Medical Daily, 2012). Vitamins are a very important part of every individual diet. Consuming meats allows the body to receive vitamins that are necessary for it to function properly. Vitamins A, B, and D are three of the most important vitamins that the body needs. These vitamins promote strong bones and teeth, good mental health, nervous system support, and better vision. ConclusionRestricting a diet to only vegetable intake does not guarantee that a vegetarian in healthier than an individual that consumes meat. Vegetarians do benefit from this type of lifestyle because they may have lower cholesterol, less weight gain, and lower risks of developing illnesses. On the other hand, restricting meat from a diet results in numerous complications. The loss of nutrients such as iron, calcium, zinc, and omega-3 fatty acids, are a tremendous disadvantage for vegetarians. Vegetarians may suffer from anorexia, mental disorders, and gastrointestinal problems.When changing a diet causes more harm than good, the best decision is to give the body the nutrients it was designed to receive. References Centers for Disease Control and Prevention (CDC). â€Å"Obesity†; August 13, 2012 http://www. cdc. gov/obesity/data/adult. html Deckere, E. A. , â€Å"European Journal of Cancer Prevention†; â€Å"Possible beneficial effect of fish and fish n'3 polyunsaturated fatty acids in breast and colorectal cancer†; July 1999 http://www. livestrong. com/article/314378-what-is-purp ose-of-omega-3-fatty-acids/ â€Å"Food Guide Pyramid†; 2012 http://www. nal. usda. gov/fnic/Fpyr/pmap. tm Lunan, K. , â€Å"Vegeterians: Beware of Carbs and Cheese†; Vol. 124 Issue 37, P. 60-61, 2011 Retrieved from the SJC Database on Nov. 19, 2012 Mayo Foundation for Medical Education and Research, â€Å"Calcium and Calcium Supplements†; 1998-2012 http://www. mayoclinic. com/health/calcium-supplements/MY01540 Medical Daily, â€Å"3 Benefits of Eating Meat†; 2012 http://www. medicaldaily. com/articles/3971/20101119/3-benefits-of-eating-meat. htm MedicineNet. , â€Å"Vegeterian and Vegan Diet†; 1996-2012 http://www. medicinenet. com/vegetarian_and_vegan_diet/page2. htm Michalak, J. , Xiao Chi Z. , Jacobi, F. :Vegeterian diet and Mental Disorders: Results from a Representative Community Survey†; International Journal of Behavioral Nutrition & Physical Activity; 2012, Vol. 9 Issue 1, p 67-76 Retrieved from the SJC Database on Nov. 19, 2012 Taepa varapruk, P. , â€Å"Journal of Neurochemistry†; â€Å"Reductions of acetylcholine release and nerve growth factor expression are correlated with memory impairment induced by interleukin-1beta administrations: effects of omega-3 fatty acid EPA treatment†; December 2009 http://www. livestrong. com/article/314378-what-is-purpose-of-omega-3-fatty-acids/ Timko, A. â€Å"Dietary Restriction: A Comparison of Vegetarians and Non-Vegetarians†; Eating Disorders Review; Vol. 23 Issue 3, p6-6, May/June 2012 Retrieved from the SJC Database on Nov. 19, 2012 â€Å"Vegetarian or Anorexic? † November 26, 1999 Retrieved from the SJC Database on Nov. 19, 2012 â€Å"Vegetarianism†, November 26, 1999 Retrieved from the SJC Database on Nov. 19, 2012 Web M. D. â€Å"Vitamin B12: Uses, Side Effects, Interactions, and Warnings†; 2005-2012 http://www. webmd. com/vitamins-supplements/ingredientmono-926-VITAMIN%20B12. aspx? activeIngredientId=926&activeIngredientName= VITAMIN%20B12