Friday, November 15, 2019

Oscar Chess v Williams, the facts, reasoning and appeal

Oscar Chess v Williams, the facts, reasoning and appeal Oscar Chess Ltd v Williams [1957] 1 ALL ER 325 What were the material facts of the case and the legal issues on which the appeal was based? In June 1955, the defendant sold to the plaintiff, who were motor dealers, a second-hand Morris motor car for  £290, this sum being credited to the defendant on the purchase of a new car through the dealers. The car sold to the dealers had been obtained by the defendant’s mother in 1954 under a hire-purchase contract, and was shown in the registration book to have been first registered in 1948. There had been five changes of ownership between 1948 and 1954. The defendant, who honestly believed that the car was a 1948 model, described it as such to the salesman who acted for the plaintiffs in the matter and showed the salesman the registration book. The salesman, who had frequently been given lifts in the car, also believed that it was a 1948 model, and the purchase price of  £290 was calculated on this basis. In January 1956, the plaintiffs sent the chassis and engine numbers of the car to the manufacturers and were informed by them that the car was a 1939 model. If the pl aintiffs had known at the time of the purchase that the car was a 1939 model, they would have paid only  £175 for it. In an action brought by them against the defendant eight months after the sale the plaintiffs claimed the sum of  £115 as damages for breach of warranty, either on the basis that it had been a condition,[1] i.e. an essential term, of the contract that the car was a 1948 model or that there had been a collateral warranty that it was. The judge at trial awarded the plaintiffs  £115 in damages based on his finding that the defendant had breached an essential term of the contract, i.e. a condition, that the Morris car was a 1948 model. Consequently, the trial judge did not go on to consider the alternative claim on a warranty. Upon appeal by the defendant, the crucial issue for the Court of Appeal was whether the defendant’s statement that the car was a 1948 model was a binding promise (i.e. a contractual term) or only an innocent misrepresentation. If it was an innocent misrepresentation, the respondent would not be entitled to any remedy. What was the reasoning behind the trial judge’s decision to award damages to the plaintiffs? At trial, the plaintiffs claimed the sum of  £115 in damages from the defendant, representing the difference in value between a 1939 Morris car and a 1948 Morris car. The evidence submitted at trial to determine whether the defendant gave a binding promise to the salesman that the car was made in 1948 was limited. During examination-in-chief, the salesman stated: â€Å"He offered me a 1948 10 hp Morris in part exchange. He produced the registration book.† In cross-examination, he said: â€Å"I had often had lifts in the defendant’s car. I thought it looked like a 1948 model. I checked up in the registration book.† The salesman’s evidence was accepted, aided by the fact that the defendant did not go into the witness-box to contradict it. On those facts alone, counsel for the plaintiffs submitted that the defendant’s representation that the car was a 1948 model was an essential term of the contract, i.e. a condition. The trial judge agreed with this and stated that defendant had promised that the car was a 1948 car and that there was a breach of this promise. He said that the allowance of  £290 was made by the salesman â€Å"on the assumption that the Morris was a 1948 model†, and that â€Å"†¦this assumption was fundamental to the contract, a condition which, if not satisfied, would have caused him to rescind the contract if he had known it to be unsatisfied before the property in the Morris car passed to his principles.† In short, one of the terms of the deal was that the car was guaranteed to be a 1948 model. Breach of this promise would entitle the dealer to damages. Based on this finding, the trial judge awarded  £115 in damages to the plaintiffs. Why did the Court of Appeal overrule the trial judge’s decision and what was the difference in approach adopted by the Court of Appeal? The Court of Appeal refused to get bogged down in a technical differential analysis of the legal definitions of â€Å"condition† and â€Å"warranty†, as the trial judge had done, because it was far too late for the buyer to reject the car. He could only claim damages at best. Indeed, in the Court’s leading judgment, Denning LJ stated that the trial judge was so concerned with the legal definitions of â€Å"condition† and â€Å"warranty† that he failed to address the crucial issue of whether the defendant’s statement was a term of the contract at all. To get damages, it was necessary to show that the description of the car was a promise or term of the contract. Denning LJ used slightly different language. He used the word warranty but he explained that he was not using the word in its technical legal sense but, instead, was using it in its popular sense as one word to describe a promise. As he pointed out, the crucial question in this case was : was it a binding promise [i.e. a term of the contract] or only an innocent misrepresentation? If it was only an innocent misrepresentation, then the dealer would not be entitled to any remedy in the circumstances of this case. This then leads to the question: how do you know if it was a promise? Denning LJ stated that whether the appellant’s statement was intended to be a promise (i.e. a contractual term) could only be addressed by taking into account all the evidence of the case and the conduct of the parties throughout their dealings.[2] He went on to state that the objective test for determining a promise is by applying the standard of the ‘intelligent bystander’ and, based on this test, he concluded that the statement by the appellant as to the age of the car was not intended as a promise. After all, given that the appellant only became the owner after several changes in ownership, he must have been relying on what was stated in the registration book. It is unlikely that such a person would warrant the year of manufacture. The most that he would do would be to state his belief, and then produce the registration book in verification of it. In these circumstances, according to Lord De nning, the intelligent bystander would say that the seller did not intend to bind himself so as to warrant that the car was a 1948 model. The most he would do would be to state his belief. What did the Court of Appeal say about the trial judge’s application of the earlier decisions in Heilbut2 and Routledge[3]to the present case? In finding in favour of the appellant, Denning LJ made reference to the case of Heilbut in which the House of Lords used the word â€Å"warranty† in its ordinary meaning of a binding promise. He stressed that, in Heilbut, Lord Moulton made it clear that â€Å"The intention of the parties can only be deduced from the totality of the evidence†¦Ã¢â‚¬  In other words, to determine whether a statement was intended as a contractual warranty, it is necessary to evaluate the overall conduct of the parties, not just their thoughts. However, the trial judge did not adopt this approach and distinguished Heilbut and Routledge on the basis that, in those cases, there was a written memorandum of the contract, before which words were used by one party inducing the other party to enter into the contract. Denning LJ stated that there was no need to distinguish between written and oral statements in the present case because the purchase was not recorded in writing at all but, instead, it was necessary to look at the overall conduct of the parties in order to ascertain intention. Hodson LJ, in accordance with Denning LJ, felt that the Routledge decision should not be distinguished from the present case because, in his opinion, the court in the Routledge case did not base its decision on the distinction between words used before the conclusion of the contract and words used at the time of the contract. He felt that this distinction was a fine point and had no bearing in the current case. Instead, Hodson LJ concurred with Denning LJ and stated that it was necessary to follow the principle in Heilbut and assess the overall conduct of the parties in order to ascertain contractual intention. Morris LJ (dissenting), on the other hand, supported the reasoning of the trial judge and felt that the judge was correct to distinguish Routledge from the current case. He specified three grounds for the distinction: (i) in the present case there was a statement made at the time of the transaction; (ii) there was no written contract; and (iii) although there was no contract, there was an invoice addressed to the appellant which expressly described the car as a â€Å"1948 Morris 10 Saloon†. He felt that the fact that the invoice specifically referred to the year 1948 was sufficient evidence that it was intended to be a contractual term. What is the significance of the respective parties’ special knowledge of the subject-matter of the contract? How has this been applied in this and subsequent cases? Another influential factor in this case was that the person making the statement (i.e. the appellant) was a non-expert when compared with the dealer who was the recipient of the statement and, presumably, an expert. According to Denning LJ, the respondents, rather than simply relying on the year stated in the log-book, could quite easily have checked it at the time of sale by taking the engine number and chassis number and writing to the manufacturers. They only did so eight months after the sale. Given that the respondents were experts, Denning LJ felt that this delay in making the check could not be excused, particularly because the innocent appellant produced to them all the evidence which he had (namely, the registration book). The appellant, as a private seller, had no special knowledge and had relied on the car’s registration book for his belief. The respondents, as experts, were in a position to discover the truth of the statement prior to contract. Hodson LJ agreed wit h this point and stated that the appellant was stating an opinion on a matter of which he had no special knowledge, whereas the respondent could have been expected to have an opinion and to exercise its judgment. This tends to support the view that the non-expert would be unlikely to be promising something which was in the other partys area of expertise, and therefore strengthens the proposition that the appellant’s statement was indeed a representation and not a contractual term. The significance of a parties â€Å"special knowledge† was considered by the Court of Appeal in the subsequent case of Dick Bentley Productions and Another v Harold Smith (Motors) Ltd.[4] In that case, a car dealer stated that a car had an engine which had done only 20,000 miles. This was in fact untrue. The buyer sought damages alleging breach of contract. However, in that instance, the statement was treated as a term of the contract. The apparent distinction between the Dick Bentley case and the Oscar Chess case is the status of the person making the statement. A private seller did not have the special knowledge which indicated an intention that the statement be treated as a contractually binding promise, but a car dealer did. This distinction led Lord Denning MR to suggest in Dick Bentley that the presence of fault was the basis for the distinction. However, it seems wrong to suggest that fault is the only test, and arguably what Lord Denning was stating was simply that the obligation broken was an obligation to exercise reasonable care and skill. The true test ought therefore to be that the dealer was in a better position to discover the truth and therefore impliedly took personal responsibility for the truth of statements made. Why did dissenting Judge Morris LJ disagree with the conclusion of the majority of the Court of Appeal? Morris LJ disagreed with the findings of Denning LJ and Hodson LJ and felt that the appellant’s statement that the car was a 1948 model was a fundamental term of the contract, i.e. a contractual condition. What persuaded Lord Morris was that the car was described in the invoice specifically as a 1948 Morris. The dealer did not get any such thing and so, according to Lord Morris, there was a breach. He arrived at this conclusion based on his assertion that the respondent’s promise to pay the appellant  £290 for the car (a figure arrived at by reference to the value of 1948 cars) was the consequence (i.e. a counterpart) of a term of the contract that the particular car was a 1948 model. Thus, Morris LJ felt that the application of the so-called ‘importance attached’ test rendered the appellant’s statement a term of the contract for sale as opposed to a mere representation. In other words, Morris LJ believed that the appellant’s statement relat ed to a vitally important matter: it described the subject-matter of the contract then being made, and directed the parties to, and was the basis of, their agreement as to the price to be paid or credited to the respondent. He made reference to the words used by Scott LJ in Couchman v Hill[5] and stated that, in his opinion, the appellant’s statement was â€Å"an item in [the] description† of what was being sold and that it constituted a substantial ingredient in the identity of the thing sold. Whereas Denning LJ felt that the trial judge was unnecessarily bogged down with the technical legal translation of â€Å"condition† and â€Å"warranty†, Morris LJ stressed that he saw no need to depart from the original verdict because he could not see that the trial judge in any way misdirected himself or misapplied any principle of law. Bibliography Cases Consulted Oscar Chess Ltd v Williams [1957] 1 ALL ER 325 (CA); Dick Bentley Productions and Another v Harold Smith (Motors) Ltd [1965] 2 All ER 65 (CA); Couchman v Hill [1947] 1 All ER 103 (KB); Heilbut, Symons Co v Buckleton [1913] AC 30 (HL); Routledge v McKay [1954] 1 All ER 855 (CA). Legislation Consulted Sale of Goods Act 1893 (22 Halsbury’s Statutes (2nd Edition) 991). Text Consulted Poole, J. – Textbook on Contract Law (6th Edition), Blackstone Press (2001), pp155-6; Poole, J. – Casebook on Contract (4th Edition), Blackstone Press (1999), pp249 and 252-4. 1 Footnotes [1] Under section 11 of the Sale of Goods Act 1893 (22 Halsbury’s Statutes (2nd Edition) 991), the plaintiffs would have been entitled to treat such a condition as a contractual warranty, breach of which would give rise to an action for damages. [2] Heilbut, Symons Co v Buckleton [1913] AC 30 (HL). [3] [1954] 1 All ER 855 (CA). [4] [1965] 2 All ER 65 (CA). [5] [1947] 1 All ER 103 (KB).

Wednesday, November 13, 2019

Al-Anon Observation Paper -- Twelve-Step Meeting Observation Paper

Alcoholism is as prevalent in my family, as blood is in our veins. When previously asked to observe 12-step groups, I ritualistically flocked to Alcoholics Anonymous, without consideration of the possibility that other groups had any potential to make an impact on me. I always pride myself in my ability to identify as an individual that is not ensnared in alcoholism, but unfortunately am an individual that was highly tormented by alcoholism. Through observation of the group and how it processed, as well as identifying how I felt as a new attendee, I was able to understand why self-help, support groups are so vital for individuals in recovery. I finally realized, I too am in recovery. I attended Al-Anon meetings on Sundays at St. Matthew Episcopal Church. The meetings began at 11:45am, and were held until 1:00pm, which was contingent on the progress of each small group. I was in attendance beginning January 19th, with attendance on January 26th, and February 2nd. The groups first met in one room together, and then broke into smaller groups to process. The initial meeting room is a nursery room in the church. It had a lot of natural lighting from the windows, and was decorated in children’s religious artwork. The room was far too small for all of the attendees. There was an average of thirty-five attendees at each meeting. Many times people who came late had to stand outside the doorway and listen in, because the room was literally overflowing with people. There were never enough chairs, which forced some individuals to stand, until the large group, broke into small groups. The group itself was entirely made up of middle age, Caucasians. There was an average of about thirty-five attendees each week. The average age of the gr... ...http://apt.rcpsych.org/content/6/5/348.full Gifford, S. (2011). Differences Between Outpatient and Inpatient Treatment Programs. Psych Central. Retrieved from http://psychcentral.com/lib/differences-between-outpatient-and-inpatient-treatment-programs/0007531 Galanter, M., M.D. (2008). Spirituality, Evidence-Based Medicine, and Alcoholics Anonymous. PsychiatryOnline. Retrieved from http://ajp.psychiatryonline.org/article.aspx?articleID=100364 Peele, S., PhD. (2004, August). Is AA's loss psychology's gain? American Psychological Association. Vol. 35 NO. 7 pp. 86 Retrieved from http://www.apa.org/monitor/julaug04/jn.aspx McGovern, M. P., PhD, & Carroll, K. M., PhD. (2003). Evidence- base Practices for Substance Use Disorders. Psychiatric Clinics of North America. Retrieved from http://www.dartmouth.edu/~dcare/pdfs/fp/McGovernMark-Evidence-BasedPractices.pdf

Sunday, November 10, 2019

Police Crisis Management

ABSTRACTThis paper is primarily directed towards a discussion of Police Crisis Management. This topic is necessary and beneficial to the police system in dealing with their operations. Crisis Management refers to a system of approach in solving various problems that may come in different situations. Its major function is to prepare a body, group or institution of the possibilities of disaster, calamities and emergencies. Finally, this paper tackles about the significant features of Police Crisis Management which include the stage of planning, negotiation, and the development of the crisis management.This paper is divided into three parts. The first part is the introduction wherein the concept of crisis management is described and defined. The second part elucidates on the definition and characterization of Police Crisis Management. The third part is composed of the important aspects and facets of Police Crisis Management. The last part presents the conclusion of the paper.Introductio nCrisis Management is a mechanism used in dealing with impending crises. Its principal focus is on the planning stage in which an organized practical method is formulated in order to prevent the occurrence of particular crises. It primary goal is to thwart the incidence of disorder in a specific field rather than facing the problem in an extemporized immediate approach.Crisis Management entails the detection of the crisis itself, the stage of making plans in reaction to the crisis which include proper way of dealing and resolving the problem. It is most likely used in the field of political science, international relations, business and management.The principal precepts of Crisis Management are gathering of the most pertinent information regarding the crises instead of concealing it; treating the crisis as quick as possible for prolonging its existence might also increase the risks it poses; and the coordination and involvement of the persons who are responsible for the execution of the crisis management system.Having the above key principles, the theory of crisis management can be carved up into three main phases, namely: crisis negotiation, crisis control, and crisis dynamics.Police Crisis ManagementPolice Crisis Management pertains to a systematic method of treating crisis or problems that are primarily directed towards police operations. This method aims to check the occasion of hitches and predicaments in the field of police system. Moreover, its task is not only in the detection of potential problems but also in addressing these problems systematically and accordingly.In its objective to put superior countermeasures over the imminent crises in the field of the police system, planning and execution take a very important role in administering the crisis management. With this regard, standard operating procedures should be observed by the police system in order to manage the crises responsibly and conscientiously.Important Aspects of Police Crisis Managemen tAs stated earlier, necessary stages of crisis management should involve planning on what to do, how to do, what are needed in dealing with a specific crisis. Such plays a very important role for it is the stage wherein the crisis management starts. It includes the identification of the existing crisis, the reasons or the causes of its occurrence, the affected aspects and the approximated period of its occurrence if not addressed immediately. Also, it consists of the formulation effective techniques or strategies that can successfully terminate the prevailing crisis.Another important aspect of police crisis management is the gathering of the most important and most relevant information regarding the crisis which is primarily focused on the knowledge, skills and attitude that the police system should possess in order to execute the planned strategy in managing a particular crisis. For example, in the case of hostage-drama scenario, the police system does not instantly go to the place wherein there is a hostage situation. The police system has this standard operating procedure in which prior to its implementation, a plan of action should be first discussed by the police themselves initiated by the superior police. In such meeting, the policemen are reminded of the dos and don’ts in dealing with that particular situation.They are also reminded of the consequences and possible threats that they might encounter while executing their task of controlling the situation. Lastly, as advocates of justice, police system does not permit abuse of power. In which in the case of the given hostage-crisis, the policemen are not instructed to gunshot the hostage-taker at once. Negotiation is the initial mechanism use by the police system in handling such situations. However, in worst cases like the hostages are really being by the hostage-taker, the policemen are initiated to do all that they can do to stop the hostage-taker from hurting the hostages –which allows them to fire on the hostage-taker (such also applies to other instances such as by-bust operations, face-to-face encounter with law-offenders, etc.)In addition, excellent coordination with the whole police system is necessary in the police crisis management. It is noteworthy that the police system is well coordinated from top to bottom and vice versa. The planning stage should be composed of commands and instructions from the top superiors, and the discussed-strategy that is done during the emergency meeting of the police. Having this need of coordination means also that outstanding communication among the law-enforcers should be maintained during the crisis management.Time-delay should be avoided. There should be no action from the police system that might interrupt the operation. As cited earlier, quick reactive response should be the attitude of the police all throughout the crisis management. Prolongation of such incidents might severe the tension and the situation causing more difficulty in controlling the circumstances.  Finally, instances of previous cases of crisis management should be recorded and examined so as to aid the police for formulating new set of crisis management approach. It is also important that the government should support and help the police in upholding this crisis management-thing. There should be a rule or law that should ensure the police that whatever happens during their attempt to actualize such crisis management, there is a law that would justify their acts and procedures.ConclusionTo conclude, Police Crisis Management is a very important mechanism established and utilized by the police system in facing calamities and disasters in their field of work. Such mechanism is said to be necessary for it prepares them for the potential crisis that they may experience with regards to their field of work.The roles and the functions of the implementer of such police crisis management is also important for it serves as an assurance that a particular crisis is really being taken in hand by the police. Also, knowledge, skills and attitude should also be motivated with regards to the nature of the adversity.The abovementioned important aspects in the Police Crisis Management are just few among the essential factors that are employed in the police crisis management. By following and observing these factors, a well-strategize and more premeditated crisis management can be established by the police in doing their task as law-enforcers.Reference:Davidson, T. N. (2002). To Preserve Life: Hostage-Crisis Management CimacomFink, S. (2000). Crisis Management: Planning for the Inevitable (Revised ed.): Backinprint.com.Miller, L. (2006). Practical Police Psychology: Stress Management And Crisis Intervention for Law Enforcement Charles C. Thomas PublisherNadu, T. (2006). Police evolve crisis management plan [Electronic Version]. The Hindu:Online edition of India's National Newspaper. Retrieved May 28 2007.

Friday, November 8, 2019

Slavery and the Development of the United States essays

Slavery and the Development of the United States essays "If there is no struggle, there is no progress." This is what Frederick Douglass preached to black Americans during the harsh years of slavery in the US; he believed that blacks needed to fight for their rights. Slavery played an important role in shaping the young nation of America. The "shocking and bloody" practices of slavery slowed the country's development and criticized the morals and values of the American people stated in the Constitution. Slaves had become so tired of their awful conditions that they had begun resisting in several ways. Acts of vandalism, slave revolts, refusal to work and running away on the Underground Railroad were some methods of slave resistance that challenged the development of the United States. In these ways, slaves eventually gained their rights and equality, but with drastic, and lasting effects on the growth of the USA. Although slave revolts in the United States in the 1800s were not very frequent or major, they had significant impacts on whites as well as blacks. One of these revolts was led by Denmark Vesey, a former slave who purchased his freedom with his winnings from a lottery. Vesey planned to burn down Charleston, South Carolina and initiate a revolt of slaves in the area. The plan, however, was betrayed and 35 blacks, including Vesey, were hanged. Afterward, Vesey's example was viewed as "one of the most courageous ever to threaten the racist foundations of America." Another famous rebellion was that of Nat Turner's in Southampton County, Virginia. Claiming religious visions, Turner gathered around 70 slaves and went from plantation to plantation, brutally murdering 55 whites, including men, women, and children. He was eventually hanged along with 80 others. This threw the south into a panic and made slaveholders determined to reinforce the security of the slave system. Revolts challenge d the development of the young, inexperienced United States because they caused conflicts and chaos...

Wednesday, November 6, 2019

Essay Essays

Essay Essays Essay Essay Essay Essay 22SOCIALSTRATIFICATIONHAROLDR. KERBOCalifornia Polytechnic State University, San Luis ObispoSince the earliest-known writings on the nature ofhuman societies, there has been recognition thatsocial stratification is a central part of all humanorganization (Lenski 1966). In hisPolitics,in 350 BCE,Aristotle wrote of the natural ranking of free people andslaves. More recently, during the Age of Enlightenment,philosophers such as Locke, Rousseau, and Montesquieuwrote of the feudal system of social stratification and itsinequities (Zeitlin 1968; Strasser 1976). By the mid-1800s,the classic sociological theorists such as Marx, Durkheim,and Weber began more systematic analyses of system ofsocial stratification using concepts that remain with us tothis day.From the root wordstrata,we can recognize that socialstratification refers to a ranking of people or groups ofpeople within a society. But the term was defined by theearliest sociologists as something more than the almostuniversal inequalit ies that exist in all but the least complexof societies.Social stratificationrefers to a system withrather predictable rules behind the ranking of individualsand groups, which theories of social stratification aremeant to uncover and understand. The existence of asystem of social stratification also implies some form oflegitimation of the ranking of people and the unequal dis-tribution of valued goods, services, and prestige. Withoutbelief systems justifying the inequality and unequal rank-ing, it is unlikely that a stratification system would remainstable over time. Beyond agreement on a definition ofsocial stratification, however, the classic sociological theo-rists agreed on little else. From this classic period of soci-ology, we have, in fact, a triple legacy of socialstratification theories from the works of Karl Marx, EmileDurkheim, and Max Weber.More than anyone, it was Karl Marx Essay Essays Essay Essay Essay Essay It was nice Sunday night, I was having lunch with my girlfriend and we were deciding on what to do, I had mentioned to her that we I had to attend a live music performance in order to do my midterm paper. So we went home to check if there were any musical artists playing that day and sure enough there was a show at FitzGeralds night club at 6:00pm, Chicago Grandstand Big Band was going to be playing. We had no idea who that was but we made our way to Berwyn because it was quite a long drive and we got their just on time. It was quite a wonderful experience because neither of us had ever attended an event with a live musical group. Both of us were used to seeing Mexican bands at special family occasions but this was definitely different. I was taking notes throughout the performance because I knew I was going to forget all that I saw and heard that night.Besides attending the show, I also did some research about the band. I did not find much but they are well known in our area. Chicag o Grandstand Big Band has been an integral part of Chicagos entertainment community for over 30 years. They have performed all over the Chicagoland area, including Joe Segals Jazz Showcase, FitzGeralds, Joes Be-Bop Cafe, Grant Park Summer Dance, and numerous street fairs. They performed at the 25th anniversary of the Sears Tower. This band has been featured on WTTWs Wild Chicago and for many years, CGBB was the featured band at OHare Marriotts New Years Eve Ball. Members of the group have performed with the Count Basie, Maynard Ferguson, Tommy Dorsey, Les Elgart and Duke Ellington orchestras.This band has an extensive selection of arrangements that encompass’ everything from the Swing Era (Benny Goodman, Glen Miller, Artie Shaw, etc) to Big Band Jazz (Count Basie, Stan Kenton, Duke Ellington, Woody Herman etc.). Vocals include great standards such as When I Fall In Love, Orange Colored Sky, and It Had To Be You. The featured vocalist is Julie Ann Caselli, whose essay Essays essay Essay essay Essay essay BY slik5x Michael Foster 12/2/13 Parents Spying On Their Children In the article The Undercover Parent , written by Harlan Coben, Cobens arguement is about whether parents should use spyware on their childrens computers or to not use spyware because it show you have no respect for your children. I agree with Coben that parents should use spyware as preservation for their children on the worldwide web; resons such as responsibily protecting you hildren, worrying about their future, and concerning the dangers of the internet. Parents and adults should be able to spy on their children. An example for this is that parents have to conduct someway of beng responsibly protective. To support the more parents know what there children do the easier there life would be. Another way to support this example is what is that if parents dont t protect their children in any way it can lead toward dangerous consequenses. Therefore the future f your children and teens will be at risk. An example is when adults dont interact with their children and regret the troubles that they cause as Juviniles. To support the example it has been confirmed that many children who are independent, alone, and abandoned end up in either solitary confinement or homeless wiith nobody to support them in life. Another way to support the example is that most often teens who interact with other teens are tempted to follow and be the same as the other to fit in. Other than responsibility and worrying about their future parents should concern the dangers of the internet. An example for dngers of the internet would be strangers on the internet knowing your personal information. Another way to support this would be the unknown things that the stranger would do or commit. In conclusion, I agree with the arguement on monitoring your children on the internet and what they do. The spyware can act as a preservation when used in computers and can protect your children.

Monday, November 4, 2019

Project Management Essay Example | Topics and Well Written Essays - 2500 words

Project Management - Essay Example 10 References 12 1. Introduction The success of projects is depended on a series of criteria, all of which need to be met so that a project is completed on time and according to the standards set. In practice, the achievement of the above target is very difficult. Failures in projects are common phenomenon. Despite the efforts made by managers for the limitation of project failures, the problem is still extensive in regard to projects in all sectors. The causes of project failure are reviewed in this paper. Reference is made to two, major, IT projects: the NHS Computer System and the Ford Online Procurement System. Both these projects were well structured, so that risks are minimized. However, they were finally led to a failure, resulting to severe losses for the parties involved. Appropriate literature is also reviewed for identifying the causes of project failure. It seems that project failure is unavoidable when a project is not closely monitored and adequately supported. Also, un der certain terms, project managers hold the responsibility for the failure of the project assigned to them. Under these terms, it can be noted that project failure is related to many, different, factors all of which need to be addressed in order for the success of a project to be secured. 2. Project failure – characteristics and reasons Different approaches have been used in the literature for explaining the project failure, as a daily problem in all scientific and industrial sectors. O’Carroll (2003) notes that many project managers tend to focus on planning for eliminating the case of a failure. The above strategy has been proved ineffective. It is explained that ‘two much planning can be a reason for project failure’ (O’Carroll 2003, p.175). Even the requirement for following strictly the deadlines of a project can be a reason for project failure (O’Carroll 2003, p.175). O’Carroll claims that when focusing heavily on the planning p hase of the project, project managers do not deal with the failure of the project; instead, a plan should be developed in advance for setting the terms on which the management of the project’s failure will be based. From a different point of view, Wysocki (2011) states that the project failure can result because of unexpected changes on a project. The characteristics of these changes are not clearly presented. It is assumed that any alteration of the project’s initial terms, as included in its plan, is considered as a change of a project. The level at which change can threaten a project is difficult to be estimated in advance. It is assumed that the threat can be higher as the alteration from the project’s initial terms is increased. Holmes (2001) claimed that the causes of project failure can be many. For example, a project is expected to fail for one of the above reasons: when it is not adequately supported by the firm’s top management team, when its pl an is not detailed, when the targets set are not feasible, when no provision exists for managing the risks involved and so on (Holmes 2001, p.16). In this way, preventing project failure can be challenging task, especially if the resources required are not available or if the time limits for the completion of the project are too tight, not allowing the identification of alternative practices for facing problems appearing during the development of the project. The ‘Japan Users’ Association of Information Systems (JUAS)’

Friday, November 1, 2019

THE STORY OF THE GRAIL Essay Example | Topics and Well Written Essays - 1000 words

THE STORY OF THE GRAIL - Essay Example He leaves his mother who has raised him in ignorance of the chivalry of the world around him; this young Welshman travels to find the court of King Arthur. His desire is to be knighted. In a journey that is filled with a lot of adventure, Perceval meets with an older knight who trains him on how to use his newly acquired weapons. He is called Gornemant of Gohort. He tells Perceval to tame his tongue in future. In his travels he also meets his cousin who informs him of his mother’s death from a broken heart. He also encounters his Hermit Uncle in a forest who demystifies the golden grail. He has seen this grail earlier in the manor of a Fisher King he has met in his travels. There are several themes that are advanced in this myth, and this essay aims at examining aspects of this myth to give answers to some questions. Topic 1 From the story of Perceval and the grail, the characteristics of the medieval society may be deduced. One of the aspects revealed of this society is that it was largely religious. It is also clear that the medieval society highly regarded family values. Virtue was also esteemed in the medieval society, as the myth illustrates. These are traits that are brought out by different characters, and events in the tale. The religious nature of this society comes up in several instances. When Perceval encounters Gornemant, one of the things Gornemant advices him to do is to go to church. Gornemant is the gentleman who teaches him the appropriate conduct of a knight. This indicates that the knight is not only concerned with fighting, but also has a spiritual life. Spirituality of the medieval society also comes out when Perceval lodges at the house of the Fisher King. The father of his host is sustained by eating a single mass of wafers each day (Troyes and Cline). Perceval also has an uncle who is a hermit and lives in the forest where he communes with God. It is here that Perceval says the only prayer he knows, one that his mother taught him . He learnt this prayer as a boy, showing that religion takes a vital position in this society. Children are taught the basics of religion from a tender age. The importance of family is revealed severally in this myth. When Perceval meets his cousin weeping under an oak tree, he is concerned about her. His cousin is weeping holding a knight with a chopped head. The one responsible is another knight. He offers to pursue the knight who killed his cousin’s lover, meaning that family is vital to him. Perceval’s mother is also buried before the altar of the hermit, since she was a relation to him by virtue of being married to his brother. Virtue is also an essential part of the society, and people were guided by honour. The maiden who Perceval forces a kiss from is suspected of infidelity by her lover. He then forces her to walk naked as a way of shaming her. This reveals that infidelity was intolerable to the people of that age. When Perceval encounters Blancheflor by coin cidence, she relates her encounters. Blancheflor is Gormenant’s niece, and her followers are weak due to famine and hunger (Troyes and Cline). Many of her men have also been attacked and taken away by the evil knight of Clamadeu. Since she is a leader, she has vowed that she would kill herself before letting Clamadeu take her. This is the character of a leader; fighting to the very end. Topic 2 Diana L. Paxon is of the view that the story of the grail is about the search of deeper meaning in life, or its significance. This notion she has on life is true of the scenario as it is in real life. While at the house of the Fisher King, Perceval notices a procession that serves the lord of that castle. He is a man with greying hair, and unable to stand. The items that are brought in by the people walking in