Saturday, January 25, 2020

Movie Fight Club Essay -- Film Films Movies Movie Fight Club Essays

Movie Fight Club   Ã‚  Ã‚  Ã‚  Ã‚  For the following analysis, I will be discussing the movie Fight Club’s two main characters. They are â€Å"Jack† played by Edward Norton, and Tyler Durden played by Brad Pitt. However the twist to the movie turns out that Jack and Tyler are the same person and Tyler is Jack’s real name. Tyler the character is everything that Jack the character is not. The story narration is provided by the protagonist of â€Å"Fight Club,† â€Å"Jack.† The ambivalent protagonist, who only refers to himself as â€Å"Jack.† An ambivalent protagonist, usually the main character, is someone the audience likes, but who possesses character flaws.   Ã‚  Ã‚  Ã‚  Ã‚  The character â€Å"Jack† is a character the audience will feel sympathy for and even come to like. However, it is obvious he has serious problems. â€Å"Jack’s† main problem, what the audience comes to find out, is his alter ego, Tyler Durden. â€Å"Jack† struggles to take control as he sees that Tyler’s acts of vandalism are wrong. However, he cannot stop himself until the very end. However, even before the character of Tyler Durden is introduced it is clear that â€Å"Jack† has personal problems; insomnia, discontent for his job, and a dependency on support groups. â€Å"Jack† is also faced with a moral dilemma as well as constantly being put into danger, another characteristic of the ambivalent protagonist. â€Å"Jack† has the personality of an obedient, yet not very outgoing man. He goes to work, comes home, and wants to simplify his life. He sets up his life as simply as possible. For example, he wears the same white shirt, black pants, and black tie everyday. Jack is a very subservient type of person. For example, he goes to meetings his boss doesn’t want to attend. He hates his job and he hates his life, however he thinks he is ok with the job and his life but is tired of doing the same thing everyday. It is important to see that â€Å"Jack† picks out items that would best represent the type of person he is such as the furniture in his house.   Ã‚  Ã‚  Ã‚  Ã‚  He is a gen-xer that has grown to the point of despair. He can not sleep. He has to have every little clever trinket that he sees. The only way he finds happiness is crashing support groups for those with terminal diseases. He says it is amazing how much people care when they think you are dying.   Ã‚  Ã‚  Ã‚  Ã‚  Durden on the other hand is a man with little scruples. He is not an evil man. He just wants to wa... ... he wanted to be all along and that he didn’t need to live through Tyler anymore. He had conquered the inner conflict of his boring life and by him seeing the credit card companies fall, he had realized that he had undergone the change he wanted to at last.   Ã‚  Ã‚  Ã‚  Ã‚  In conclusion the characters go hand-in-hand to the point where the resolve is Jack realizing that he truly had shaken the life he never wanted to be and become the â€Å"Tyler† he always wanted to be. It can be seen as though â€Å"Jack† was a boy being jealous and envious of another boy, â€Å"Tyler†. Tyler was the boy everyone wanted to be like. However, in the end, â€Å"Jack† grew up and took a little bit of â€Å"Tyler† with him, but did not let â€Å"Tyler† take control. The way he commanded at the end when he shot himself, by giving orders to the members and Marla was not something â€Å"Jack† would have done. This lets us know that the character of â€Å"Jack† has grown up and evolved on his way to becoming the complete and ideal character he wanted to be. As the story unfolds it brings these two seemingly opposite characters in a unique relationship, which resolves the movie in a very original way. The irony remains subtle, and is missed by most.

Friday, January 17, 2020

Prejudice in “Of Mice and Men” Essay

â€Å"Prejudices are the chains forged by ignorance to keep men apart. † – Marguerite Gardiner. In society, both modern and in the past, prejudice has been a tool of thinking and labeling a group of race, people, class and culture in order to distinguish ones superiority and dominance from one another, but is simply a way to judge without gathering valid facts. In Of Mice and Men by John Steinbeck, we see that prejudice was just as rampant in the 1930’s. In the novel, prejudice is demonstrated on 3 different levels: racial, sexual and social. It is shown how these prejudices generate false perceptions that although meant to aid, do no such good as their end result is clouding the truth. Racial prejudice is most significant when describing Crooks, who happens to be the stable buck for the farm. Crooks is also a Black man with a back disability, hence the reason he is called â€Å"Crooks†. While most of the other workers live in the same area and attend to jobs that are quite similar, Crooks is forced to live by himself, work alone in the stables and is almost never in contact with any of the other characters. People such as Curly’s Wife go as far as to ridicule Crooks and even look down at him simply for the fact that he is a Black man with a disability who is a laborer. In one instance, Curly’s Wife threatens Crooks by telling him â€Å"Listen, Nigger, you know what I can do if you open your trap, I could get you strung up on a tree so easy it ain’t funny† (Steinbeck, 98). The open brutality of this comment shows that even a woman, who would normally not have much or any say during this time in the 1930’s, is still considered higher in social class than an African-American man. Nothing is known about him as a person by any of the other farm attendants, but the prejudices that in this case are completely false help propel a gap between them, when one does not need to be. Although he may be physically handicap, he is just as capable as any of the others. As a result of being an outcast at the farm, Crooks has become very isolated and disengaged with the other members. When Lennie enters Crooks cabin in order retrieve the puppies, Crooks lashes out and tells Lennie â€Å"I ain’t wanted in the bunk room and you ain’t wanted in my room† (Steinbeck,124). This comment shows that Crooks has become bitter and alone because of the prejudice constantly being aimed at him when there is no reason for the way he is treated. He is a great overall example of racial prejudice in Of Mice and Men and society, both past and present, in which a African-American male, who is as capable as any man of another color is denied the same opportunities because of stereotypes and perceptions which can only be supported with biased false facts. Sexual prejudice is strong when Curly’s Wife is a part of a scene. Curly’s Wife also happens to be the only female that is currently occupying the place of work that the novel is set in. Curly’s Wife is presented as a character who tends to be very friendly with all the men on the farm and enjoys the attention she gets because her husband, Curly does not give her the amount of attention that she wants, so she finds it with others. Curly’s Wife is often avoided by all other who work at the farm because she is a woman who could get them in a lot of trouble. Curly is the boss’ son and Curly’s Wife being the daughter-in-law always gets her way and can have any man in the farm fired without reason. â€Å"She got the eye goin’ all the time on everybody. I bet she even gives the stable buck they eye. I don’t know what the hell she wants† (Steinbeck,51). Being a woman, there is already significant amount of sexual prejudice directed to her and the fact that she is very flirtatious with the other men further strengthens their perception of her. They all try to remain as calm as possible, careful not to give her the wrong idea cause they know the trouble that she could get them in. In actuality it appears that Curly’s Wife only craves attention from the other men and nothing sexual because of the lack of her husband to give her the attention that she wants. The idea of her wanting something only sexual and not spiritual shows the prejudice associated with gender in this novel and how its falsehood prevents a lonely woman from engaging and connecting with others on a mental level. Equally important is the Social prejudice towards characters such as Candy and Lennie in Of Mice and Men. Candy is very old and not capable of doing much around the farm but is still kept around to do the simple chores that the others are seen as more of a waste of time for others. These simple chores are envied by others and this jealousy helps create a division between Candy and the others. Candy also has a dog that in many ways is similar to him â€Å"[The] dog ain’t no good to himself. I wisht somebody’d shoot me if I got old an’ a cripple (pg. 45). † They are both described as being old, withered, confused and in many ways more of a nuisance who would do more good dead than alive. Socially being hated by the majority of the men at the ranch shows the prejudice that is directed without any reason, but simply motivated by jealousy. In the instance of Lennie, social prejudice is strongest evident in the perception others have of him because in their eyes, all they see is a big oaf incapable of accomplishing anything intelligent and only kept around for his strength. Before meeting Lennie and even engaging him in conversation, his position has already been established at the Ranch. With Curly we see that â€Å"[He’s] like a lot of little guys. He hates big guys. He’s alla time picking scraps with big guys. Kind of like he’s mad at ’em because he ain’t a big guy† (pg. 26). Regardless of his ability to be of help at the farm, Curly already establishes his position on Lennie even though he has had no significant direct contact or enough time to accurately depict Lennie as a person and not just a big man physically. Not only Curly, but other members of the farm also have decided Lennie’s place at work before fully knowing him. He is left out of card games, left back at the ranch when George and the others go out to hand more important jobs. Being considered a simple minded men with little use who spend their days playing with and day dreaming about rabbits or sweeping after others, Lennie and Candy have become outcasts in the sense that one of them is perceived to be mentally unstable and added to the fact that he is physically strong, while the other one is a nuisance who many could live without, make them both isolated and all the more reason to be avoid and singled out. â€Å"Of Mice and Men† is a brilliant novel in demonstrating that prejudice is a tool that people use to become more familiar with other individuals in order to overcome the fear of uncertainty. However, the ending result is that it puts distance between the person and the one they judge because it is not fact, but perception that is completely untrue. Prejudice is simply the reasoning of a fool to make themselves feel secure.

Thursday, January 9, 2020

Infant s Nutrition And Hydration Essay - 2742 Words

Baby S. is a neonate admitted to the NICU who experienced anoxia as a result of Mrs. S. amniotic fluid embolus during delivery. Baby S. had an Apgar score of 0 at birth and was â€Å"successfully† resuscitated but remains unconscious. All of the baby’s organs experienced hypoxic insult. Baby S. was placed on a ventilator and later given parenteral nutrition. Mrs. S. is physically weak and experiencing grief, along with her husband, over the condition of their infant. The S. family has two other children, ages 2 and 5 years old. Baby S. has been weaned from the ventilator but remained unresponsive still. Mr. and Mrs. S. have requested that their infant’s nutrition and hydration be discontinued. The NICU medical, nursing, and social work staff have not previously experienced a situation like the one that is occurring with the S. family. 1. When meeting with the neonatologist, the NICU charge nurse, the infant’s primary nurse, the hospital chaplain, and the s ocial worker in the NICU about the situation I would contribute many things to the group’s discussion as the nurse manager. I would do my best to advocate for Baby S. and Mrs. S. and both of their rights. Additionally, I would do my best to remind the group of the legal issues that those involved may face and the possible outcomes of this scenario. Due to the fact that the group has not previously been in a situation like this one I would encourage the group to use previous experiences that are similar so that we could problemShow MoreRelatedCultural Competency, Social, Emotional Practices And Attitudes Towards Health And Western Medicine940 Words   |  4 PagesHigh-pitched cry - This is a common cry for meningitis. g. Refusal of PO intake per mom – an ill child will be reluctant to take in fluids due to feeling nauseated. (Meningitis Symptoms In Babies, 2015). 3. When assessing the Babinski reflex on an infant, use a blunt instrument and run it across the sole and the toes should fan out (Wong, Hockenberry, Perry, 2014). 4. Prioritize the order of your interventions, with 1 being your first action and 7 being your last action. __6__ Administer ceftriaxoneRead MoreCauses And Treatment Of Bronchopulmonary Dysplasia1383 Words   |  6 Pagesa result of an infant s lungs becoming irritated or inflamed. It is considered a chronic lung disease. BPD progresses from respiratory distress syndrome (RDS), usually with atelectasis, consolidation, and massive fibrosis. Bronchopulmonary dysplasia is most common in premature infants who needed mechanical ventilation and oxygen therapy to survive. Although life-saving, these treatments can also cause lung damage. BPD has been a severe chronic lung disease in premature infants, going back toRead MoreBreastfeeding : Breastfeeding And Breastfeeding1309 Words   |  6 Pagesby definition is â€Å"the method of feeding a baby with milk directly from the mother s breast†. (http://medicaldictionary.thefreedictionary.com/breastfeeding) Breastfeeding offers ma ny benefits to a baby. Breast milk is also an inimitable nutritional source that cannot adequately be replaced by any other food, including infant formula. Pollutants can accumulate in breast milk, but it still remains superior to infant formula in regards to the overall health of both mother and child. When it comesRead MoreBatya Rogoff. Heart Disease, Stroke, And Death Are Just996 Words   |  4 Pages Batya Rogoff Heart disease, stroke, and death are just some of the symptoms of eating unhealthy food. Eating behaviors develop during the first few years of children s lives. Children learn what to eat by observing other eating behaviors. Eating healthy food during infancy and toddler years is extremely important because the child observes the eating behaviors of their care giver or parent. Some benefits of giving your child healthy food at a you g age are, nutrients, vitamins, and energy.AdultsRead MoreTreatment Options For Acute Fatty Liver Of Pregnancy922 Words   |  4 Pagesat high risk of bleeding and coagulopathy ââ€"‹ Transfusion of blood products may be needed ââ€"‹ Patients may be at risk for pancreatitis – Screening serum lipase and amylase will be needed for several days ââ€"‹ In majority of cases delivery of the infant with supportive care allows the recovery of the mother from liver failure ââ€"‹ Symptoms may resolve naturally in 3-4 days 10 ââ€"‹ In some women there may be a long cholestatic phase, requiring approximately 4 weeks for recovery 6 ââ€"‹ Liver transplantRead MoreEssay on Euthanasia Should Be Legal2042 Words   |  9 PagesPassive euthanasia is where the patient does not get the medicine or treatment that they need to stay alive. If the patient has obtained a living will or DNR order, it is legally acceptable to withdraw life sustaining treatments, including hydration and nutrition in circumstances such as brain damage where medical treatment could provide no benefit. (American Thoracic Society, n.d.). Withholding the life sustaining treatments is considered to be humane because it is the practice of the patientsRead MoreSample Care Plan Psych4533 Words   |  19 Pagesmedical problems if they are currently priority problems for your patient. Consider those listed in your textbook and psychiatric care plan books. THERAPEUTIC COMMUNICATION PROCESS RECORDING Directions: Engage in a therapeutic communication session(s) with your patient and record what each of you said. This can most easily be done by setting up a 2-column table. After each comment in your column, you should analyze whether your communication was therapeutic or non-therapeutic. Use the handout onRead MoreNeonatal Abstinence Syndrome Essay1767 Words   |  8 Pageswhat NAS is and the effects it has on the newborn infant. If first discusses the incidence of NAS as regard to maternal age, race, and ethnicity. It explains the types of drugs most commonly associated with Neonatal Abstinence Syndrome. However, I have excluded alcohol from this paper because it results in Fetal Alcohol Syndrome. This paper will then explain the types of physical symptoms associated with NAS for the full-term and premature infant. It discusses the different classes of drugs and theRead MoreNursing Management of Premature Baby with Bpd4177 Words   |  17 PagesStates Bronchopulmonary Dysplasia is one of the leading cause of lung disease in low very birth weight infants(VLBW). Infants with BPD had higher rates of mental retardation, associated with greater neurolog ic and social risk. Baraldi.E,Filippone.M(2007), mentioned that Northway et al(1967) described firstly that Brochopulmonary Dysplasia is a new chronic respiratory disease developed in premature infants exposed to mechanical ventilation and oxygen supplement. They also suggesting that lifelong consequencesRead MoreChoosing To Breastfeed Is One Of The Best Decisions A Mother1768 Words   |  8 Pagesinitial problems you may be encountering. Proper hydration and nutrition are key elements in a positive breastfeeding experience. Try to continue to drink your pregnancy intake of water, and taking a vitamin supplement is also very valuable. Your physician should be able to recommend what to take, although just continuing the prenatal vitamin regimen is often suggested. Remember that foods that could upset your stomach could also upset the baby s. Taking care of yourself and a newborn is hard, but

Tuesday, December 31, 2019

Essay on SWOT Analysis - 627 Words

SWOT ANALYSIS SWOT stands for the internal strengths, weakness and the external opportunities and threats. A swot analysis summarises the key issues from the industry and the strategic capability of an organisation that are most likely to impact on strategy development. Strengths  · Strong brand awareness. (Next has a strong heritage and roots in its brand perception relating to good design and quality)  · Truly integrated multi-channel clothing retailer. (Its Internet operations are seamless with the directory and the company also uses this channel to drive customers into stores.)  · The Next womenswear blouse collection is a combination of design, quality and comfort.  · Good value for money.  · Costs of†¦show more content†¦As a result, consumers are likely to see prices of clothing fall by between 5% and 10% in 2005, further capping growth in the value of the market).  · The UK industry is strong in fashion and design, leading to a reputable international brand.  · They cater to all segment markets like maternity wear, petite and the sizes for the blouses go up to size 22 from size 6. Weakness  · May need to consider having a faster response fashion range.  · Store interiors can be somewhat bland and uninspiring.  · Fierce competition is leading to heavy discounting that is eroding profit margins.  · Under-potentialised in the fashionable group of young women between 18 to 23yrs.  · Lack of consumer awareness of the Next blouse collection. (survey, see appendix)  · They have not used all the channels for promoting their products e.g. TV, magazines, radios and newspapers.  · Customer services. Opportunities  · Can improve fashion appeal in womenswear blouses.  · There is still plenty of potential for further consolidation in the market.  · There is potential for further expansion abroad and growth of franchise business.  · As the number of working women continues to increase, they will not only need more clothes for work but are also more likely to have the financial independence which will lead to the increase their spending onShow MoreRelatedSwot Analysis Of Swot And Swot Analysis738 Words   |  3 Pagesknown as SWOT analysis. The SWOT analysis is business analysis method that business can use for each of its department when deciding on the most perfect way to increase their business and future growth. This procedure identifies the internal and external strengths, weaknesses, opportunities and threats that are in the markets. SWOT analysis helps you decide your position against your competitors, identifies best future opportunities, and highlight current and future threats. SWOT analysis is an acronymRead MoreSwot Analysis Of Swot Analysis : Swot1223 Words   |  5 PagesOnStar – SWOT Analysis To help OnStar determine if home monitoring services should be added to its list of products and services, a SWOT analysis should be completed. A SWOT analysis is a situation analysis or tool used to identify the strengths, weaknesses, opportunities and threats of an organization (SWOT Analysis Definition | Investopedia, 2005). Thus, it is a basic straightforward model that determines what an organization, like OnStar, can and cannot do, as well as determines its opportunitiesRead MoreSwot Analysis Of Swot Analysis : Swot911 Words   |  4 Pages SWOT Analysis In the article â€Å"SWOT analysis† Harmon (2015) offered a definition for SWOT analysis, the purpose of the SWOT analysis, the advantages of performing a SWOT analysis, and outlined and discussed the four components of the SWOT analysis. SWOT analysis is a planning and brainstorming tool that helps people evaluate an idea or project for a business or formulate a business plan (Harmon, 2015). It should be noted that SWOT analysis is an acronym for Strengths, Weaknesses, OpportunitiesRead MoreSwot Analysis : Swot And Swot1081 Words   |  5 PagesSWOT Analysis: A SWOT analysis (SWOT matrix) first used by Stanford Research Institute during 1960-1970 and it was presented by Mr. Albert S. Humphrey a American business and management consultant by using data from fortune 500 companies. We can succeed in our life if we use our talents to our full extent. Similarly, we‘ll have some problems if we know our weakness are, and if we manage these weaknesses so that we don’t matter in the work we do. To understand more about our self and our externalRead MoreSwot Analysis : A Swot1708 Words   |  7 Pages A SWOT analysis is â€Å"a structured planning method used to evaluate the strengths, weaknesses, opportunities and threats involved in a project or in a business venture.†(en.wikipedia.org/wiki/SWOT analysis, 03/11/14). A swot analysis can also be used to examine a person’s attributes. The strengths and weaknesses usually are internal factors whereas threats and opportunities are mainly external. Advantage Disadvantage Internal Strengths 1. Self-motivated 2. I am organised; accurate and pay attentionRead MoreSwot Analysis : Swot And Swot2320 Words   |  10 PagesSWOT analysis focuses on the internal factors which are the company’s strengths and weaknesses as well as the external factors which are the opportunities and threats which are gained from situational analysis, which focuses on summarizing all the pertinent information acquired about the key three environments of internal, customer, and external (Ferrell Hartline, 2014, p. 39). A SWOT analysis further gives a company precise advantages and disadvantages in satisfying the needs of its selectedRead MoreSwot Analysis : A Swot852 Words   |  4 PagesStrength, weaknesses, opportunities and threats, commonly known as a SWOT analysis is used by businesses. Organizations use the SWOT analysis technique to figure out and understand their areas of strong suits (strengths), their inevitable flaws (weaknesses), prospects that the organization could look into (opportunities) a nd things that pose as intimidations to the organization (threats). There are many obstacles to overcome when it comes to international expansion. Obstacles such as; language andRead MoreSwot Analysis : Swot And Swot1957 Words   |  8 PagesSWOT analysis focuses on the internal factors which are the company’s strengths and weaknesses as well as the external factors which are the opportunities and threats which are gained from situational analysis which focuses on summarizing all the pertinent information acquired about the key three environments of internal, customer, and external (Ferrell Hartline, 2014, p. 39). A SWOT analysis further gives a company precise advantages and disadvantages in satisfying the needs of its selected marketsRead MoreSwot Analysis : The Swot1215 Words   |  5 PagesThe SWOT analysis was originally introduced by Andrews Christiansen, Guth and Learned in 1969 and its basic organizing principles have remained largely unchanged in the field of str ategic management. [BADEN-FULLER, C. H. A. R. L. E. S., STOPFORD, J. (2002). The Firm Matters More than the Industry. Strategy for Business: A Reader, 123.] It is a systematic framework which helps managers to develop their business strategies by appraising their internal and external determinants of their organization’sRead MoreSwot Analysis : The Swot1888 Words   |  8 PagesThe SWOT analysis, a strategic planning tool was developed by Albert Humphrey in the 1960’s and 1970’s. Albert is said to have come up with this strategic planning tool through the use of data the Fortune 500 companies in the United States of America at that time (Lancaster Massingham, 2011). A SWOT analysis determines the strengths, weaknesses, opportunities and threats, which are a relevant part of any organization especially the ones that get involved in new ventures. This tool assists the users

Monday, December 23, 2019

American Labor Movement Development of Unions Essays

The American Labor Movement of the nineteenth century developed as a result of the city-wide organizations that unhappy workers were establishing. These men and women were determined to receive the rights and privileges they deserved as citizens of a free country. They refused to be treated like slaves, and work under unbearable conditions any longer. Workers joined together and realized that a group is much more powerful than an individual when protesting against intimidating companies. Unions, coalitions of workers pursuing a common objective, began to form demanding only ten instead of twelve hours in a work day. Workers realized the importance of economic and legal protection against the powerful employers who took advantage of them.†¦show more content†¦The union was originally a secret, but later was open to all workers, including blacks, women and farmers. Five hundred thousand workers joined in a year. Their goals were an eight-hour work day, a minimum wage, arbitrat ion rather than strikes, health and safety laws, equal pay for equal work, no child labor under the age of fourteen, and government ownership of railroads, telegraphs and telephones. However, the Knights of Labor was a relatively weak organization, and eventually fell apart. (www.planetpapers.com/ Assets/306.shtml, 2) In 1886, the American Federation of Labor (AF of L) was formed and replaced the Knights of Labor. Its leader was former cigar union official Samuel Gompers who only wanted to focus on skilled workers. (www.planetpapers.com/Assets/306.shtml, 2) The founders were quoted as saying, the various trades have been affected by the introduction of machinery, the subdivision of labor, the use of womens and childrens labor and the lack of an apprentice system so that the skilled trades were rapidly sinking to the level of pauper labor. To protect the skilled labor of America from being reduced to beggary and to sustain the standard of American workmanship and skill, the trade unions of America have been established. (AFL-CIO American Federationalist, 1) The AF of L was a conglomeration of twenty-five unions that included three hundred thousand workers working for increasing wages, reducing hours, andShow MoreRelatedLegal Status of Unions1385 Words   |  6 PagesLegal Status of Unions Legal Status of Unions The history of the American labor movement coincides with the development of labor unions in the United States, from the initial local craft unions like the Federal Society of Journeyman Cordwainers (shoemakers), to the formation of national unions such as the National Labor Union (NLU) and the Knights of Labor, creation of the American Federation of Labor (AFL), and the Congress of International Organizations (CIO), the merger of the AFL-CIO, andRead MoreLabor Unions And The United States1700 Words   |  7 PagesLabor unions and movements play an important role in the United States. Although they are treated synonymously, the labor movements encompass a broader scope than labor unions. Some of the examples of current labor unions and movements include National Guestworker, Domestic Workers United and Wal-Mart workers groups. The heart of the current labor initiatives in the United States can be traced back to the National Labor Relations Act of 1935 (Collier Collier, 2002). The l abor law was imperativeRead MoreOrganized Labor Movement1048 Words   |  5 PagesOrganized Labor Movement By 1900, the United States had become the number one industrial power in the world. One factor that allowed the country to climb to its prime position was its abundant labor supply, largely composed of immigrants who had arrived between 1865 and 1900. However, the spot came at a cost; laborers were working long hours for low wages under poor conditions for the dominating monopolies of the time. Hoping to better these undesirable situations, multiple labor unions would formRead MoreThe Machine That Changed The World, And Milkman s `` The New Linden ``1294 Words   |  6 Pagesand Milkman’s â€Å"The New Linden† jointly tell a story regarding the development, practice, and global adoption of â€Å"lean production† by auto manufacturers in the mid-20th Century. Furthermore, these writings support the notion that during this time period, the American workplace was rapidly changing, which held varying implications for the worker, management, and unions. With the ris e of â€Å"lean production† came an improvement in labor-management relations with focus on the individual-- through strongerRead MoreThe Gilded Age And The Labor Movement1390 Words   |  6 PagesEvan Anton Professor Andrea Estepa Final Draft The Gilded Age and the Labor Movement The Gilded Age took place during the last thirty years of the nineteenth century where unionization of workers became more frequent. The reasoning behind the name of this era is due to the fact that everything seemed nice on the outside in America, but in actuality corruption and inequality could be found underneath the surface. As the economy was changing during the industrial revolution, workers began leavingRead MoreThe Rise Of Labor Unions Essay1155 Words   |  5 PagesThe main reason of the rise of labor unions was the quick industrialization of the US economy. During the post-Civil War period, the US economy became extremely industrialized. This meant that more and more people were working in factories owned by large companies rather than working in small shops for themselves or for small businesses. In addition, large numbers of immigrants were coming to the US. They created a huge pool of labor that made labor prices go down and the quality of working conditionsRead More Protest Between 1900-1945782 Words   |  4 PagesBetween the years of 1900 and 1945, America went through rough times at the start of the century. This was the time of the great depression, WWI, WWII, The Labor Movement, Women’s rights, and the start of the civil rights movement. It was very hard time to be an American if you were not a white male because of all the obstacles you had to face during this period. I feel that in times of turmoil American’s should have the right to protest peacefully as it states in the 1st amendment. The 1st amendmentRead MoreThe Laws Of The United States1631 Words   |  7 Pagesbenefits of any union agreements within their company, but can choose to forego paying fees. Also, the employees in the states with right-to work provisions can join labor unions if they wish to do so without being forced by their employers to join a union as a requirement for employment. This paper will attempt to detail the history of right-to-work laws, explain current issues, forecast future issues and solutions, and describe how New Mexico is affected by the laws. Right-to-work movements emerged inRead MoreThe past century saw major developments in the economic, social, political and cultural life of the1600 Words   |  7 PagesThe past century saw major developments in the economic, social, political and cultural life of the United States as it grew from a burgeoning industrial nation to the world’s leading superpower. By the 1900s, giant firms such as Carneige Steel, The Standard Oil Trust, among a few others controlled 2/5th of the nation’s marketing capital. This resulted in a rapid increase in the number of industrial workers and even though the American society was growing wealthier overall, there were several thousandsRead MoreAre Labor Unions in the U.S. Obsolete?1306 Words   |  6 PagesAre Labor Unions in the U.S. Obsolete? To understand the worth of today’s unions, we must first understand the history and purpose of these organizations. Simply put, a union is an organization of employees formed to bargain with the employer. There are many types of unions. For instance, a craft union is one whose members do one type of work, often using specialized skills and training. An industrial union is one that includes many persons working in the same industry or company, regardless

Sunday, December 15, 2019

Simple Pricing Free Essays

The new service as „i-mode† start on 22 February 1999. Initially 67 content providers participated in the new service, with sites ranging from banking to Karaoke. Thanks to „i- mode† always and everywhere we can use from informative services, the universal bank services, stock quotations, reservation of tickets. We will write a custom essay sample on Simple Pricing or any similar topic only for you Order Now Telephone is guide after cinemas restaurants, clubs etc. However the largest popularity have service LadyCall (which addressees are teenage Japanese), dedicated the newest trends of fashion, the most popular idols and actors including many different information which was should know, to distinguish in peers’ company. Young users are the prime motor of success „i- mode†. They are almost half of all subscribers. The users „i- mode† not pay for time duration the connection, but for quantity of sended data. Dispatch or receipt one packet (128 bytes) carries out 3 yens (about 12 groszy), and regular payment 300 yens (about 12 zloty) monthly. Some services available by authorized partners require bringing additional, small payments. They are small, but they make up the powerful source of earnings. Provides by that example of Bandai firm- the Japanese potentate of amusement industry- in price 1 USD monthly sends every day everyone of subscribers the small animation. Only this one service is in Japan about 2 million users. „I-Mode’s† Business model „I-mode† has been extraordinarily successful in Japan. This is because of its outstanding convenience and it’s unique business model. Its reliance on this system offers an innovative approach to the mobile service value chain and to wireless service / Internet relationships. Exists close cooperation with equipment manufacturers, content providers, and other platforms to ensure that wireless technology, content quality, and user experience evolve jointly. This synchronization guarantees that customers, partners and shareholders share interests with end-user’s, thus enabling all parties to maximize value and to continue to improve the quality of products and services connected with i-mode. By adopting an HTML subset is able to creation of sites exceptionally simple. Is enabled the compatibility of many other standards including: GIF, Java, MIDI, Macromedia Flash, and HTTP. Additionally DOCOMO promoting beneficial alliances with a variety of international partners, including content providers, overseas operators, ISPs, software developers and manufacturers. These alliances endorse international coverage; encourage the development of new collaborative products, and offer i-mode users the most cost-effective, high-quality products and services available globally. Simple Pricing System DOCOMO collect monthly information charges for the i-Menu listed content providers via a consolidated bill for all mobile phone activities, thus eliminating the need for provider billing. This arrangement reduces expenses for the content partners and encourages them to generate high-quality offerings to attract new subscribers, thereby boosting their profits. Additionally, they are able to generate incremental revenue by charging a small commission for the clearinghouse billing system service. How to cite Simple Pricing, Papers

Saturday, December 7, 2019

Business and Corporations Law Seperate Legal Studies

Question: Discuss about the Business and Corporations Law for Seperate Legal Studies. Answer: 1. A company has a separate legal status. In the case of a company, the liability of the owners, that is, the shareholders is limited to the amount unpaid on the number of shares held by them. On the other hand in case of a sole tradership business, the liability of sole trader who is the owner of the business for the debts of the business is unlimited[1]. If David incorporates Daves Boating Pty Ltd, then the individual would owe to the company only the amount left unpaid on the shares held by him in the company. David would not be personally liable for the debts incurred by the company. A company can appoint individuals as its agents who can enter into contracts and make sales on behalf of the company[2]. In this case Dave would not be held personally liable for any liabilities or obligations arising out of contracts entered into by such agents of newly formed company Daves Boating Pty Ltd. On the other hand if Dave is operating as a sole trader and enters into contracts on behalf of the business, then Dave would be personally liable for any such contracts as there is no legal difference between the owner and the business in case of a sole tradership. If Dave gets the individuals business registered as a company, the person would still be the owner of the business as holder of shares of the new company. Moreover, Dave would be entitled to a part of profits in the form of dividends. 2. David would have to choose a name for the company which is not identical to the name of an existing company. Further the individual would have chosen the type of company the person wants its business to be, like a public or private company or a not for profit company. Then the individual would have decided that the company would be governed by its own constitution or replaceable rules or combination of both. Further the individual is required by law to understand the persons obligations like maintain records of the company as its officeholder. Then the individual would have had to obtain consent of future directors, secretary and members of the company. David would have to submit an application with Australian Securities And Investment Commission in the prescribed form in accordance with the provisions of Section 117 of Corporations Act 2001 for the registration of Daves Boating Pty Ltd[3]. This application would contain information like the type of company to be registered, its proposed name, names and addresses of its proposed members, address of its proposed registered office and place of business. After the above application is processed by Australian Securities And Investment Commission, it would issue the company an ACN, register the company and give it a certificate of registration along with the corporate key. A companys internal management would be done according to the provisions of Corporation Act 2001 (Replacement rules), its constitution or a combination of both[4]. A companys constitution mentions the rules that its directors and members will follow with regard to their actions that influence its functioning. The constitution defines the relationship of these entities with the company. David would also have to construct a constitution, a document containing rules for internal management of Daves Boating Pty Ltd. A company can adopt a constitution before or after its registration. If Dave wants to adopt a constitution before the registration of the company, then a written consent of each member would be needed. If the constitution is to be adopted after registration, a special resolution of the members of the company is needed according to the provisions of the Corporation Act 2001. 3. Area of law applicable David entered into the contract with Perth Sea Rescue on behalf of Daves Boating Pty Ltd. As given this contract was entered in January 2016 and Daves Boating Pty Ltd got registered as a company in July 2016. In this case the relevant law is section 131 of the Corporation Act 2001 in which it is given that if a person enter into a contract on behalf of a company that has still not come into existence that, is, has not been registered by Australian Securities And Investment Commission, then the person would be personally liable for the contract unless the company is formed and it ratifies this contract within agreed or reasonable time. If this happens the company would be responsible for carrying out its obligation under the contract[5]. Discussion of law and relevant cases According to section 131 of the Corporation Act 2001 a person entering into a contract on behalf of a company that does not exist would be held personally liable if the company after coming into existence does not ratify and perform its obligations under the contract. In the past there have been cases where the individual entering into a contract on behalf of a non existing company could escape liability on the basis that a non existing company has no legal status and cannot enter into a contract. So the contract is not binding on the company as well as the person who claimed to be an agent of the company. This becomes clear in a judgement in a case Black V Smallwood Cooper (1966) where the High Court of Australia decided that there was no personal liability of persons who claimed to be agents of a non existing company and entered into a contract with two persons to work as directors of the company. In another case Newborne V Sensolid (GB) Ltd [1954] tinned ham was sold to Sensolid by a person in the name of a company that did not exist. Sensolid refused to take delivery of tinned ham and the contract could not be enforced as the company selling the product did not exist, had no legal status and could not enter into a contract[6]. The provisions of section 131 of the Corporation Act 2001 are meant to discourage promoters from entering into irresponsible contracts before the registration of the company by making them personally liable for such contracts. Application of law to given case Dave entered into the contract with Perth Sea Rescue in January 2016 when Daves Boating Pty Ltd was not yet registered as a company. According to Australian Law, a company which is not registered, does not exist in the eyes of law and does not have the legal capacity to enter into a contract even through an agent. But if the company is formed subsequently and someone has entered into a contract on its behalf before its registration, the company can ratify this contract. So the personal liability of Dave for the above contract depends on whether the members of Dave Boating Pty Ltd after its registration, approve the contract or not. Section 131 (4) of the Corporation Act 2001 provides that even if the company ratifies such a contract but fails to perform its obligations under the contract, the person, in this case, Dave would be personally liable for the contract. Conclusion The provisions given in section 131 of the Corporation Act are fair because a company is owned by its shareholders who should have an ultimate authority to enter into a contract on its own or give certain powers to its agents to enter into contracts on its behalf. Therefore any contracts entered into by a person on its behalf before its registration should need the approval of the members of the company after its formation to encourage more responsible behavior from promoters. 4. Area of the law applicable According to Australian common law, a company has contractual capacity to the extent provided by the constitution of the company[7]. Those parties that enter into an agreement with the company with the purpose of forming a valid contract should be aware of any restrictions contained in the constitution of the company. In this case constitution refers to a document that contains the rules that govern the internal management of the company. However section 124 of the Corporations Act 2001 (Cth) provides same legal capacity to a company as an individual in the form of power to enter into a contract[8]. A company can enter into a contract either by using its common seal (Section 127(2) ) or through an agent acting on behalf of the company. According to section 125(2) an agreement by a company with outside parties will not be an invalid contract just because it is beyond the scope of the companys constitution. Such a company would not be able to escape its obligation under the contract if the court of law decides that the outside party had acted in good faith and was not responsible for any irregularities being committed in the other company or done by its agent[9]. In the given case, the court of law would decide whether the contract between Daves Boating Pty Ltd and Bioplastic Ltd is enforceable or not on the basis of the above provisions of the law. Section 129 provides for the protection of outsiders who have entered into a contract with the company through its agent which has acted beyond the persons authority. This is similar to the rule of Indoor Management. Discussion of law and relevant cases The Australian law has made provisions for protecting the rights of outside parties which enter into a contract with a company on the basis of good faith. The judgements in Australian courts in such cases have been based on case Royal British Bank Vs Turquand[10]. The judgement in this case led to the development of what came to be known as Indoor Management Rule. In this case Royal British Bank sued Turquand, the official manager of a company in Britain. A loan of two thousand pounds had been taken from Royal British Bank by Turquands company by issuing a bond which carried the common seal of the company and signatures of two of its directors. The company sought to escape its liability on the loan by arguing that any such loan by the company needed to be approved by a resolution of its shareholders in the general meeting. The company asserted that no such resolution had been passed. The judge held in this case that the company was liable to Royal British Bank for repayment of the loan as the bank was not supposed to be aware of the internal irregularities in the company regarding the procurement of the loan. The bank had advanced the loan in good faith and the other company should repay. The above provision contained in section has diluted substantially the application of doctrine of ultra vires in such cases, which states that companies cannot do what is beyond its powers or contents of the object clause of its constitution. The ultra vires assumption was applied in a case Ashbury Railway Carriage Iron Co. V Riche. In this case the company entered into a contract to construct actual railway when its object clause permitted making only actual railway. The contract was held ultra vires and thus void by court of law[11]. Application of law to the given case As given in the case, the sales manager of Daves Boating Pty Ltd entered into a contract with Bioplastic Ltd for purchase of high tensili plastic machine. Now the company is arguing that this contract is unenforceable. Each of the reasons given by Daves Boating Pty Ltd has been discussed below. The first argument provided by Daves Boating Pty is that the given contract is invalid because its constitution provides that it can make only fibre glass boats[12]. This argument by is not sufficient. In this case Bioplastic Ltd entered into the contract in good faith believing that the other company was acquiring the plastic machine for carrying out its usual business activities. There were no circumstances to create suspicion in Bioplastic Ltd regarding the contract and the company need not have made any further enquiries. Moreover, the sales manager did not mention to Bioplastic Ltd that the plastic machine was being purchased to make plastic boats, an act not allowed by the constitution. So the circumstances are similar to the case Royal British BankVs Turquand[13] , the contract is enforceable. The second argument put forward by Daves Boating Pty is that its contract with Bioplastic Ltd is not valid because Angela, its sales manager had no authority to purchase $ 40000 machine[14]. This argument by Dave Boating Pty Ltd is invalid. It is given that the constitution of Dave Boating Pty Ltd contains that the sales manager could make purchases upto $ 25000 without the approval of the managing director of the company. But the managing director could have approved purchase of $ 40000 by the sales manager. But the individual did not do so. Bioplastic Ltd is not expected by court of law to know about how the day to day activities of Dave Boating Pty Ltd are being carried out. The former is not expected to keep itself informed of any irregularities being committed in Daves Boating Pty Ltd, nor it can be held responsible for them. Daves Boating Pty Ltd would not be allowed to escape its liability under the contract on the basis of any such irregularities. Conclusion The contract between Daves Boating Pty Ltd and Bioplastic Ltd would be held enforceable. The Australian law has also drawn from the judgement given in the case of Royal British Bank Vs Turquand and the Indoor Management rule. The provisions given in the Australian law have been made to protect the rights of parties like creditors and customers who enter into contracts with a company. This protection for such parties by law seems justified but the rights of the companies also need not be ignored by law. Referencing Accountlearning.com, What Is Ultra Vires? (21 October 2016) https://accountlearning.com/doctrine-of-ultra-vires-objectives-effects-ratification-types/ Australian Contract Law.com, Capacity To Contract (21 October 2016) https://www.australiancontractlaw.com/law/formation-capacity.html Australian Securities And Investments Commission, Constitution And Replaceable Rules (21 October 2016) https://asic.gov.au/for-business/starting-a-company/constitution-and-replaceable-rules/ Australian Securities And Investments Commission, Starting A Company How To Start A Company (21 October 2016) https://asic.gov.au/for-business/starting-a-company/how-to-start-a-company/ Clarkson, Kenneth and Miller, Roger, Business Law: Text And Cases (Cengage Learning, 13th ed, 2015) Furmston, Michael, Law Of Contract (Oxford University Press, 16th ed , 2012) Legal Process Outsourcing Services, Pre- Incorporation Contracts : Legal Enforceability (21 October 2016) https://legalonline.blogspot.in/2011/03/pre-incorporation-contracts-legal.html Lexology.com, The Indoor Management Rule Explained (21 October 2016) https://www.lexology.com/library/detail.aspx?g=469212cf-f6d8-458d-8a5d-2722c5d4ba99