Hedonism Essay -- Papers

Webster's dictionary defines hedonism as "the ethical doctrine that pleasure, variously conceived of in terms of happiness of the individual or of society, is the principal good and the proper aim of action" or "the theory that a person always acts is such a way as to seek pleasure and avoid pain." With this definition in mind, and with further examination of John Stuart Mill's theory on hedonism, I am going to argue that hedonism is not an exclusive or distinct way of thinking. In fact, I think that with the exception of possibly a few people, most people are very hedonistically inclined. "Hedonistic utilitarians identify happiness with feeing pleasure and avoiding pain, meaning that the more an individual enjoys pleasure and avoids pain, the happier that individual is" (phil.tamu.edu). Now, is this really a new and profound thought? If you avoid pain, you will lead a happier life? With a few exceptions, I don't know many people who see pain as enjoyment. Most people I know have made it a point to enjoy themselves in so me fasion or another, and that doesn't include the enjoyment of pain. "Mill's overall subject is the right of the indivieual to think and act for himeself of herself. For Mill this does not mean the right to think and act as you please (Castell 360). Eventhough Mill encouraged independent thought and actions, he did not justify running around and doing whatever you liked. According to the Hedonic Society, what they call Enlightened Hedonism ("a naturalistic and humanistic lifestance advocation the ration cultivation of pleasure and happiness for all") can be state... ...ve a relatively balanced life, you would include both physical and intellectual aspects of your life. Whether or not you would be labeled a "Hedonist" would remain to be seen. If you incorporate the greater needs of others into your individual immediate needs, then technically, yes, that would be Hedonism. But, I would venture to say that you would be labeled "a nice person."  Works Cited Castell, Alburey, et al., Introduction to Moern Philosophy: Examining the Human Condition. (New Jersey: Prentice Hall, 2001). "Hedonism." Stanford University (online) www.stanford.edu/~quixote/philosophies.htm#hedonism* . (12/03/2001). "John Stuart Mill." unknown (online) *www-/ phil.tamu.edu/~gary/intro/lecture.mill_1.html. (12/03/2001). "What is Enlightened Hedonism?" Hedonic Society (online) *www.hedonicsociety.org/custom/html*. (12/03/2001)

Data Encryption Essay -- Encrypting Text Essays

Data Encryption I. What is Data Encryption? Data encryption describes the transformation of plain text into a different format that is meaningless read by human eye without being decrypted, so called cipher text, in order to prevent any unauthorized party to obtain information from the document. According to the Webster dictionary, â€Å"cryptography is the practice and study of data encryption and decryption - encoding data so that it can only be decoded by specific individuals.† Crypto is derived from the Greek word kruptos, to hide, from kruptein, which means hidden and secret. In the old days, people attempted to withhold certain information as their private possession, and to hide the information from exposures to the public. There were many different methods they used in order to conceal this information, such as substituting part of the information by symbols, numbers or pictures for different reasons to protect their secrets. With the advancement of human intellects and modern computing powers, cryptosystems are invented as systems used to encrypt and decrypt data electronically. By deploying sophisticated mathematical algorithm into the process, it combines the original data with one or more a serial of numbers or strings of characters, as known as â€Å"k eys† privately and solely owned by sender and/or recipient. Cipher text is generated as an end result of this process. The computer aided data encryption is much more accurate, efficient and reliable compared to the ancient methods. Encryption has a very long history,1 which can be traced back to about 1900 B.C. Cryptography was first used in the form of hieroglyphic inscription by an ... ...partment of Commerce, National Institute of Standards and Technology, , Docket Number 000929280-1201-02 2. Federal Information, Processing Standards Publication 197, Announcing the Advanced Encryption Standards, (November 26, 2001) 3. Jim Reavis, Network World Fusion, , (July 30, 2001) 4. Joan Daemen,Vicent, Rijmen, The RijnDael Block Cipher, AES Proposal, (2000) 5. Lou Breit, Security Demands Lead to Strong Measures, Enterprise Networking Magazine, (December, 2002) 6. SANS Institute, History of Encrytion, Information Security Reading Room, 2001 7. Think Quest Team, Data Encryption, History, Legal and Ethics, (Copyright@1999) 8. Andrew S. Tanenbaum, Computer Networks, Prentice Hall PTR, page 479-512, Third Edition, (1996)

Organising & Delegating in the Workplace Essay

1.1 The importance of making effective and efficient use of people’s knowledge skills while planning the team’s work to achieve objectives is explained Organising is the managerial function of arranging people and resources to work towards a goal. In order to achieve objectives in an effective and efficient manner it is important to have a good knowledge of the team’s skills. Issues such as lack of motivation in the team or lack of confidence could mean the objective is failed and at the same time enthusiastic, motivated and given responsibility for their work team, can reach the targets and aims and objectives. Overall meeting the objectives of the company could be at risk and cannot be met if the wrong person is chosen. Organising is about planning for a situation; it’s about working together to achieve one goal. To organise I need to ensure that the people I manage and lead are the making the best use of their skills to do that specific task. In Hull Libraries I have to plan for specific times of the year. I know for example that the school holidays are a busy time in Hull Libraries. It is important for the right me mber of staff to be matched with their own knowledge and skills to the task in hand. An example of a task that is needed specifically in the holidays may be a craft sessions. Now I know that certain members of staff do not excel in art and craft sessions. It would not be fair to put a member of staff that did not feel confident and have the correct skills on this task. It would affect their confidence and their motivation. I instead put a member of staff, for example Karen, as the lead for this task. Karen loves arts and crafts, enjoys working with children and is good at these sessions. This means that the children will enjoy it and the parents will feel that the received a good level of customer service. When holding sessions in the past we have had very positive feedback for these sessions. In Hull Libraries if a member of staff is allocated to the wrong area of work then this may have a direct impact on members of the public. Objectives may not be met on time and/or to the standard which they should be. This will not receive the level of customer service that they deserve or expect which can lead to complaints being raised and an unhappy member of the public. This reflects badly on Hull  Library service which we do not want. This may also effect a member of staffs level of motivation and dedication. When this time of year comes we also have a ‘relief’ list of staff. Should we need more members of staff on the counter to cover activities as mentioned above, we can call these staff in on a relief basis to help with the demand. Covering busy periods at the library is quite easy. As a supervisor am I not always on the rota to be on the counter, I am sometimes planned to be in my office. Should demand increase I can go onto the counter to serve customers as and when needed. 1.2 One technique is used to identify the appropriate activity for a person To identify the appropriate member of staff for the correct activity I have used a skills matrix spread sheet (appendix 1). A skills matrix is a table that displays people’s proficiency with certain skills and knowledge. You can link this to the task in hand. Recently in Hull Libraries we have started to hold appointments for Blue Badge assessments, as well as this we also have a summer programme of activities to hold for children and the day to day running of the library. To plan and allocate the correct work to the correct person I have looked at each member of staff and rated their skills needed for the task between 1 and 10. From the skills matric I can also see training gaps and also areas for mentoring. I can see that Karen would be good at mentoring Julie and Anne for children’s activities as they do not have as higher skills, knowledge and confidence as Karen. I can see that it would not be appropriate to put Jacki or Sue on Blue Badge appointments as they have not yet had the appropriate training. This would not be fair on either the member of staff or the member of the public. The service provided would not be to the higher quality that Hull Libraries wants it to be. For the task in appendix one I can see that it would be good to have Karen running the children’s craft sessions, Julie holding the Blue Badge Appointments, Sue helping members of the public with I.T and Jacki and Anne serving the customers on a regular basis. Anne is also trained with the delivery of Bus passes and Rail Cards so she can issue these should a member of the public attend the library for one. A skills matrix can also be used to identify  training needs. I can see that Jacki and Sue need training for Blue Badges. Should the skills matrix have been for a different subject then I would be again ale to identify training needs for other people. 1.3 How human resource planning can be used to assure output and quality is explained Human resource planning is how companies can determine and analyse the requirement of, and supply of if need be, a workforce in order to achieve the organisation’s goals and objectives. HR planning predicts what will affect the availability and requirement of employees in the future. If a company also has too many staff HR planning for the future is key when it may come to making redundancies in a company. Hr planning also takes into account staff that on annual leave, sickness and maternity. This may result in temporary staff being brought in to support core staff. Hull Libraries do have a list of ‘relief’ casual staff who are able to come in should this situation arise. Part of HR planning is the training of members of staff. Training ensures that the right amount of staff have the correct skills and knowledge to provide the customer with the level of service they expect. For workplaces like factories this is slightly easier to predict as they have output of raw materials. They can predict how many items a certain line can make in an hour and plan staffing around orders and the amount of materials needed. Many factories can use formulas to generate their anticipated work load and work force. Many companies for examples can predict that an order has been placed for 100 items. Each member of staff can produce 10 items a day but they only have two days to turn the order around. This means that they will need 5 members of staff minimum to meet the requirement. This is a small example of what companies can predict. Large companies can predict when orders for 1000’s of items are placed. For Hull Libraries it is slightly harder as we do not have key figures as output. The output for Hull Libraries is customer service to the customer.  What the customer expects and what the customers gets. If Hull Libraries were short staffed and still managed to serve customers they would not receive the same quality and time they expect. Conversely, if Hull Libraries were short staffed and ensured that the customer was taken care of and received the level of customer service they expect then not enough customers will be able to be served. Either way, complaints are likely so HR planning is really important. Recently though with the changes that have been happening we have been able to plan staffing with output figures in mind. We know that each library has approximately 30 Blue Badge appointments each week, each taking one hour. This means we have been able to plan staffing to cover the 30 hours of appointments each week. In a couple of cases this has resulted in staff being moved from other libraries and in the long term plan it is going to result in new staff being recruited. Delegating to achieve workplace objectives 2.1 One example of delegation and one example of empowerment in the workplace is given â€Å"Delegation involves giving a member of your team the responsibility for part of your job and the authority to carry it out, but you retain overall control and accountability.† (Williams, 2006) Delegation is an important management skill. Good delegation saves you time, develops your staff and motivates. Poor delegation will cause frustration, demotivation and failure to achieve the task. Effective delegation is crucial for management and leadership succession. Delegation is giving responsibility ensuring that the member of staff knows what is required of them and the standard that is expected. The overall control is retained by me as a manager. This means that the task will still be supported and also the task will not fall behind time constraints. Some tasks are ideal for delegation but some should never be delegated. Tasks that should never be delegated include confidential matters, disciplinary action, appraisals and  counselling staff. Jobs that can be delegated include jobs which are routine, jobs where an individual member of staff be able to do the task to a better standard than myself and jobs of which are low to medium priority. As a manager I have delegated tas ks to members of staff on many occasions. Each month I have a full team meeting and devise a rota of jobs that can be delegated to staff. These are jobs that are a core part of library duties but are not vital jobs for me as a line manager to complete. Some of the jobs may take time when I can be working on higher priority jobs. One of the jobs which I have delegated in the library is the display work. I have delegated this job to Karen. This includes the general posters in the library and then creating the display work in the library including the children’s library. The reason I have delegated this task is for a number of reasons. The job is not a high priority task so I may have another task which need doing first, Karen is really good at producing display work and Karen has a passion for art and really enjoys producing displays. I am not as skilled and do not have knowledge of art and crafts to produce the displays to the calibre of what Karen can. By delegating this task to Karen she has excelled at the job in hand and it has motivated her in her work. Empowerment is a management practice of sharing informa tion, rewards, and power with employees so that they can take initiative and make decisions to solve problems and improve service and performance. Empowerment is based on the idea that giving employees skills, resources, authority, motivation, as well holding them responsible and accountable for outcomes of their actions, will contribute to their motivation. Each month during a team meeting I ask the staff if they had any ideas that they would like to put forward to improve their skills or to improve the customer’s experience of the library. If the ideas seemed a positive one and one we would be able to go ahead with I would speak to my line manager to have the idea authorised ready for implementation. If the idea was authorised I would then speak to the member of staff who had the idea and let them lead on this. One of the ideas that came from one of these meeting was from Sue, one of my members of staff. She had noticed a rise in people coming to the library to use the computers to search for jobs, create CV’s and general help with setting up e-mails and using computers. An idea she put forward was to start a â €˜work club’ at Greenwood Library. The session would be held on a weekly basis where members  of the public could drop in and have advise on the topics mentioned earlier. The management agreed this was a great idea. I then let Sue take the lead on this project as it was her idea. She really enjoyed taking the lead on it and her motivation increased. 2.2 One barrier to delegation and one mechanism to support delegation is identified Delegation is a very important management technique; it brings benefits to team members and team leaders. At times there can be barriers to delegation from team members and from team leaders. Some of the barriers from a team leader/supervisors point of view may be; I can do it better myself, my members of staff are just not capable enough, it takes too much time to explain what I want to be done, if it goes wrong I’ll still be accountable, delegation reduces my own authority, I’ll be shown up if they do too good a job, my staff prefer that I make the decisions and team members want to avoid responsibility. Some of the barriers that staff may feel is I do not understand what I am needing to do, I do not feel skilled enough to do the task asked of me and it’s not in my job description. The most important mechanism is to support your staff throughout the delegation process. Explaining the task in detail and with time to the member of staff is key. Explaining how important the task is and why the task is necessary. Always reiterating to your member of staff that you are there for them should they need any help is important as they will feel supported. Once the task has been completed give the member of staff praise and recognition for the task in which they have completed. It is them vital to pass credit to the member of staff. The will encourage them for future tasks and will improve motivation. 2.3 One technique that could be used to monitor the outcomes of delegation in the workplace is explained Monitoring tasks when delegation has taken place is vital. By monitoring it means the manager stays in overall control and be able to spot potential problems at an early stage. If this occurs the member of staff can then be guided and makes any changes necessary to get back on track. It is important when work is delegated that from the start objectives, time scales and key points are arranged. This is important so that whilst monitoring the delegation you can benchmark them against agreed targets. There are many ways you can monitor the progress and outcome of delegation. This can be by way of meetings with staff, statistical reports, observing the member of staff and gather information from others to name but a few. One I personally prefer is to have regular 1:1 meetings with the member of staff involved in the task. These can be regular informal discussions with the member of staff where I can ask the member of staff how they feel the task is going and if they need any further advice/support. If they need any further resources to complete the task this can be discussed. We can also look at the objectives and see if they are being met. It also gives me a chance to congratulate and praise the member of staff for completing/working towards completing the task. This gives the member of staff a sense of achievement and will increase motivation. Once the task is completed I will have a final meeting with the member of staff to discuss how the task went and what things we can do different in the future. Should it result in a task that may be ongoing I will carry on the meetings to make sure we are making best use of resources. 2.4 The effectiveness of feedback, recognition and reward techniques in the workplace is reviewed. Feedback and recognition is an imperative part of the delegation process. Its gives the manager a chance to speak to the member of staff involved in the task and helps the member of staff to learn from the experience. This may be for a positive part of the task or possibly a negative part. Feedback encourages staff to develop their skills and knowledge for the future. Giving feedback is also a key part of being a manager. Feedback and  recognition can help a member of staff to feel motivated and part of the team. The will feel more confident in future tasks and can be willing to help other members of the team. Some companies have reward schemes to encourage members of staff. This may be variable pay, bonuses, profit sharing and stock options. A business can choose to reward individual or group contributions or a combination of the two. Group-based reward systems are based on a measurement of team performance, with individual rewards received on the basis of this performance. These systems can encourage individual efforts; they also tend to reward underperforming employees along with average and above-average employees. A reward program which recognises individual achievements in addition to team performance can provide extra incentive for employees. It can increase motivation and improve staffs work rate on a regular basis. All of the techniques above help staff to be more motivated in the workplace and encourages them for future tasks. It is a vital cog in the wheel for a business or company. Without the final part staff may feel demotivated and will not be as willing to tasks further tasks on in the future. References Williams, K (2006). Introducing Management. 3rd ed. Oxford: Butterworth-Heinemann Appendices

Discussing Emotions in Spanish

Discussing Emotions in Spanish Spanish has at least five common ways of referring to emotions or describing how someone feels or becomes emotionally. These include the use of estar and tener; reflexive verbs used for specific emotions; and two verbs that often mean to become, ponerse and volverse. Using Estar With Emotions For English speakers, the most straightforward way to talk about emotions in Spanish is to use estar, one of the verbs for to be, followed by an adjective of emotion. Mi pap est feliz de ver su paà ­s. (My father is happy to see his country.) Las autoridades estn preocupados por el incremento de casos de sobredosis. (The authorities are worried about the increase in overdose cases.) Al principio pensaba que estaban enfadados conmigo. (At first I thought they were angry with me.) Va a estar emocionada por conocerte. (She is going to be excited to meet you.) Using Tener With Emotions Although estar can be used with some emotions, Spanish speakers often prefer to use tener, the verb for to have in the sense of to possess, with some emotions. In effect, the idiom is that a person has a particular emotion rather than that the person is in a certain emotional state. For example, although you could say est asustada to say that a friend of yours is afraid, it would be more common to say, Tiene miedo, literally She has fear. Here some examples of this use of tener: Mi senador no tiene fe en la ciencia. (My senator distrusts science. Literally, my senator doesnt have faith in science.) Antonio le tenà ­a celos a Katarina cuando eran nià ±os. (Antonio was jealous of Katarina when they were children. Literally, Antonio had jealously toward Katarina when they were children.) Si las cosas son diferentes, tendrà © la ilusià ³n de regresar. (If things are different, I will be thrilled to come back. Literally, if things are different, I will have the thrill of coming back.) Reflexive Verbs for Specific Emotions Some reflexive verbs include in their acquiring of an emotion. Perhaps the most common such verb is enojarse, which typically means to become angry or to get angry: Jennifer se enojà ³ cuando la periodista la llamà ³ por telà ©fono. (Jennifer got angry when the newspaper reporter called her on the telephone.) Enfadarse is preferred over enojarse in some regions: Si pierden los llaves, me enfadarà ©. (If they lose the keys, Ill get angry.) Here are some of the reflexive verbs frequently used for other emotions: aburrirse (to get bored with, to get tired of): El abuelo de la actriz  se aburrià ³ de su libertina nieta y la desheredà ³. (The actress grandfather got tired of his wild granddaughter and disinherited her.) asustarse (to become frightened): Vi a la policà ­a y me asustà ©. (I saw the police and I got scared.) alegrarse (to become happy): Se alegrà ³ mucho de recibir la noticia. (She became very happy upon hearing the news.) enamorarse (to fall in love): (Te enamorars de los chicos salvadoreà ±os. You will fall in love with the Salvadoran children.) fastidiarse (to become annoyed): Mi decisià ³n se debià ³ sencillamente a que me fastidià © de depender de la nicotina. (My decision came about simply because I became annoyed at depending on nicotine.) irritarse (to become irritated):  ¿Se irrita usted con facilidad? (Do you get irritated easily?) calmarse (to become calm): Durante todo el trayecto estaba preocupado, pero me calmà ³ cuando estbamos aterrizando. (During th e whole flight I was worried, but I calmed down when we were landing.) entusiasmarse (to get excited): Cuando oyà ³ estas palabras, Paula se entusiasmà ³. (When she heard these words, Paula got excited.) exasperarse (to lose patience): (En ocasiones me exaspero. Sometimes I lose my patience.) preocuparse (to become worried): Nos preocupamos por el nivel acadà ©mico de los alumnos. (We got worried about the academic level of the students.) sorprenderse (to become surprised): Me sorprendà ­ cuando veà ­a que era tan joven. (I became surprised when I saw she was so young.) Using Ponerse and Volverse The reflexive verbs ponerse and volverse are frequently used to refer to changes in emotional state. Although the two can be interchangeable, the difference is that ponerse tends to be used for rapid changes in emotions while volverse tends to be used for more lasting changes. El jugador se puso triste por no ser titular. (The player got sad for not being the champion.) Mi problema es cuando mi amigo se pone indiferente conmigo. (My problem is when my friend becomes indifferent to me.) Los espaà ±oles se volvà ­an felices con la medalla de plata. (The Spanish became happy with the silver medal.) Se ha vuelto carià ±oso y responsable. (He has become caring and responsible.)

Latent Defect Essays

Latent Defect Essays Latent Defect Paper Latent Defect Paper Mike Christensen December 10, 2009 CM 385: Section 1 Final Paper How Can A Contractor Avoid Liability for Defective Work? Every contract created produces a margin of risk and a platform for success. Depending on how one manages the risk assumed, one may either excel and shine in the glory of success or drown and disappear in the raging waters of error. Nevertheless, to become great one must take that step of faith into the flailing wind. As said by Leo F. Buscalglia, â€Å"The person who risks nothing – does nothing, has nothing, is nothing, and becomes nothing. He may avoid suffering and sorrow, but he simply cannot learn†¦ and grow†¦ and live. † (Buscalglia, 2009) The contractor who is bound to the owner must understand the risk assumed regarding defective work. This understanding will create a critical eye for the contractor that will help mitigate risk. To begin, the contractor must recognize what a defect is and the different categories that a defect may be classified as; the various categories will provide opportunities for the contractor to have future claims barred after acceptance. The two main classifications for defective work are known as: patent defects and latent defects. According to the Steven H. Gifis, the author of Law Dictionary, a patent defect is a â€Å"defect that could be recognized upon reasonably careful inspection or through the use of ordinary diligence and care. † To assist in avoiding claims against the contractor due to patent defects, a contractor will create a punch-list, which list will include specific items that need to be checked; and if needed, corrected, prior to the sale of the project. Usually the contractor will walk through the project with the owner to identify any corrections needed. Upon acceptance of the work by the owner, which can be manifest by payment or taking possession of the project (i. e. substantial completion), any future patent defect claims cannot be brought against the contractor. The defect should have been recognized upon a reasonably careful inspection, completed by filling out the punch list. A prime example where a contractor and owner are protected by a future claim of defective work is found in the case, Inman v. Binghamton Housing Authority. It was six years after the completion of the Saratoga Terrace apartment complex when a child ell off the back porch stoop and received severe injuries. The parents of the child claimed that the contractor and owner were responsible due to their negligence in constructing the stoop without a protective railing. The court referenced back to the Campo v. Schofield case, which states, â€Å"We have not yet reached the state where a manufacturer is under the duty of making a machine accident proof or foolp roof. † The court also noted that the complex had been used without accident for six years and that it did not conceal any dangers or defective work that would not have been found by a reasonable inspection. The outcome of the case proved that the pleading did not contain any allegation of a defect, and that the liability rested upon the parents of the child. Consequently, the phrase Caveat Emptor (Buyer Beware) protects the contractor from future claims as long as the defective work existed at the time of inspection and could have reasonably been identified. Nevertheless, a contractor must also understand that if the defective work is classified as a latent defect, the risk and liability associated with this defect may be transferred back to the contractor. Therefore, a contractor must understand what a latent defect is and how risk might be lessened. The Law Dictionary defines a latent defect as a â€Å"flaw that is discovered after delivery; usually, latent defects are inherent weaknesses which normally are not detected by examination or routine tests, but which are present at the time of manufacture or are aggravated by use. † (2003) Consequently, this flaw may not be found until the structure or member fails, which rapidly increases the liability of the project. The most identifiers for these failures are unsatisfactory material, workmanship, or design; all of these produce results that do not comply with the contract requirements. In reference to the three common identifiers mentioned above, the most difficult to resolve is the case where the material is defective – who is responsible – the owner, architect, manufacturer, or contractor? The variety of materials is so vast and the testing so limited, that the various personnel mentioned above try to cut costs without assuming the liability. In the case, Wood-Hopkins Contracting Co. v. Masonry Contractors Inc. , Masonry Contractors Inc. ontracted to install and clean the masonry for an apartment complex in Atlanta, Georgia. Upon substantial completion, water was found leaking into the apartment due to the recently constructed masonry wall. Wood-Hopkins immediately accused Masonry Contractors Inc. for the defective work and requested that they waterproof the entire structure (a c ost of $12,255. 00). Masonry Contractors Inc. recognized that the leak came from the wall constructed by their crew, but affirmed that the contract had specifically called out the means and method of installation and material to be used, and that the material was defective, not their work. In the end, the material was found to be defective, which defect caused a failure in the bond. Thus, if the contractor follows the specifications of the owner, which specifications are found in the contract documents, the contractor is able to transfer the liability back to the owner and proceed with minimal risk. In regards to minimizing the risk associated with latent defects, a contractor should obtain the greatest amount of training to increase his workmanship, and then follow the specifications of the contract. If any questions arise during construction, he should consult the owner and designer so that liability and risk will be transferred. . In the case, Southwest Welding v. The United States, the contractor, Southwest Welding, contracted with the government to build several sections of penstock. Upon completion of each section, the government’s Contracting Officer would approve the section and installation of the section would commence and final payment would be made. The contract clearly stated that welds would be radiographically examined and that the Contracting Officer was the only person authorized to accept the work. After installing 15 sections of penstock, the Contracting Officer requested a different test be performed on the welds, which test required that the contractor remove and replace 348,000 inches of welding, equaling an additional cost of $543,343. 76. The Contractor sent letters of clarification, stating that the work previously performed met the contracted requirements and that the work requested would be additional work and would require extra compensation. After traveling the courts, the appellate court sided with the contractor due to the communication which clearly identified the requested work as extra work, because the contractor met the requirements of the contract. In conclusion, a contractor has the opportunity to take the precautions and steps necessary to bar future patent defect claims by creating a punch-list and walking through the project with the owner. The owner’s power of acceptance enforces the contractual phrase Caveat Emptor. Nevertheless, if the defects are considered to be a latent efect, the owner can still trace liability back to the owner. Because of this, the contractor must provide excellent workmanship and follow the specific language of the contract documents. By so doing, the responsibility and liability of the project flows back to the owner who initially took the risk to live, to learn, and invest in his project. Buscalglia, Leo f. (2009). ThinkExist. com. Retrieved 11 25, 2009, from http://thinke xist. com/quotation/the_person_who_risks_nothing-does_nothing-has/148405. html Inman v Binghamton Housing Authority, 3 N. Y. d 137 (Court of Appeals of New York July 3, 1957). Campo v. Schofield, 301 N. Y. 468, 95 N. E. 2d 802 Inman v. Binghamton Housing Authority, 3 N. Y. 2d 137; 143 N. E. 2d 895 Latent Defect. (2003). In The Law Dictionary. Retrieved December 2nd, 2009 from answers. com/topic/latent-defect Patent Defect. (2003). In The Law Dictionary. Retrieved December 2nd, 2009 from answers. com/topic/latent-defect Southwest Welsidng Manufacturing Company v. The United States, 188 Ct. Cl. 925 Wood-Hopkins Contracting Co v. Masonry Contractors Inc. , 235 So. 2d 548

Foiled Again!

Foiled Again! Foiled Again! Foiled Again! By Maeve Maddox A line associated with the 19th century mustache-twirling stage villains thwarted by the hero was Curses! Foiled again! Foil as a verb meaning to frustrate the efforts of is popular with headline writers and journalists. Netanyahu makes final push to foil Swedish plan to divide Jerusalem No-shows foil Sunrise mayors payment plan for code violators Police foil plan to kill Dawoods brother The verb originated as a hunting term meaning to spoil a trace or scent by running over it, from Old French fouler, trample. It took on its modern meaning of spoiling someones plans in the 1660s. Foil as a noun meaning a thin sheet of metal, comes from a French word for leaf, modern French feuille. The sense of metallic food wrap dates from 1946. In fiction, a foil character is a secondary character used to point up certain traits in a main character. In Hamlet, for example, Laertes acts as a foil to Hamlet. Whereas Hamlet hesitates to avenge his fathers death, Laertes is quick to seek vengeance for the death of his sister. In Macbeth, the loyal, law-abiding Banquo serves as a foil to ambition-crazed Macbeth. Macbeth murders to win the crown. Banquo does nothing and becomes the father of kings. This idea of the word foil as contrast comes from the practice of backing a gem with metal foil to make it shine more brightly. Shakespeare used it in this sense in Henry IV, Part I. The future Henry V is a dissolute prince. In a soliloquy he anticipates changing his ways when he becomes king. He thinks that his subjects will appreciate his reign more because theyll have his rotten youth to compare it with: My reformation, glittering oer my fault, Shall show more goodly and attract more eyes Than that which hath no foil to set it off. This use of the noun foil to mean contrast is a favorite with political writers: Republicans make President Obama foil in state races Crist Uses His Old Party as a New Foil: He has used the Republican-led state legislature as a conservative foil to increase his appeal among centrist and Democratic voters. Ehrlich welcomes Palin as a foil: Ehrlichs camp is embracing Palins move as an opportunity to emphasize the former governors more moderate profile. Both noun and verb are used playfully here: Mans foil theft plan foiled at Home Depot: A man who tried to foil the theft detection devices at Home Depot with aluminum foil learned Saturday that his scheme would not work. Foil meaning a light fencing weapon is of uncertain origin. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Vocabulary category, check our popular posts, or choose a related post below:"Because Of" and "Due To" When to Form a Plural with an ApostropheHow often is "bimonthly"?

Evaluation of External Envoirment and Business Etnics. Apple Assignment

Evaluation of External Envoirment and Business Etnics. Apple Corporation - Assignment Example PESTEL analysis is used for the external environment analysis here. Moreover, the marketing strategies for the firm to be adopted if they want to invest in these markets are examined with the help of Ansoff matrix. Recommendations regarding the appropriateness of investment in both markets by Apple Corporation are made based on the analysis here. This essay consists of the following sections. Section 2 discusses the results of PESTEL analysis for these two nations. Section 3 discusses the recommendations based on the analysis and the marketing strategies to be adopted by the firm for investment using Ansoff matrix. Section 4 concludes the essay. PEST analysis means the analysis of Political, Economic, Social and Technological (PEST) factors that assess the strategic decisions of a company (Oxford University, 1998;Bennet,1999).This analysis is also called STEP analysis(Peng and Nunes,2007).PESTEL Analysis is an updated form of PEST analysis which includes analysis of Environmental and Legislative factors also. This analysis is very important in assessing the external environment factors affecting an organization.... EST analysis means the analysis of Political, Economic, Social and Technological (PEST) factors that assess the strategic decisions of a company (Oxford University, 1998;Bennet,1999).This analysis is also called STEP analysis(Peng and Nunes,2007).PESTEL Analysis is an updated form of PEST analysis which includes analysis of Environmental and Legislative factors also. This analysis is very important in assessing the external environment factors affecting an organization. Here the PESTEL analysis of both Brazil and China are done to examine the most appropriate destination for investment by Apple Corporation. The analysis of Political, Economic, Social and Technological, legal and environmental factors that assess the strategic decisions of a company are examined in both the cases. 2.1. PESTEL Analysis China Political Factors China has a stable political system with only one party ie Communist party (Cui, 2009). In the recent years, however, China has reported a trend towards democrati c form of government while Communist party still remain the single party here without any change (Price Water House Coopers, 2005). This stable political system is an important factor conducive for international investment in China (Word Press, 2011).The political environment for international investors is very favourable in China due to the various incentives provided by the government in spite of the complexity of norms for the new investors. Reports show a preferential treatment towards foreign invested enterprises since 1979 by Chinese government (Tian, 2007). Approval procedure is complicated while after getting approval, it is easy there (Word Press, 2011). Economic Factors A very good indicator of the strength of Chinese economy is its GDP of 10.1 percent which shows the continuous