Tuesday, December 24, 2019

Great Expectations-Biddys Environment - 766 Words

Introduction In the novel â€Å"Great Expectations† we are introduced to Biddy, a young girl, who has knowledge beyond her years. She is an old soul, and this is evident throughout the novel. Biddy lives in the forge with her grandmother, and she spends her days behind the counter at her grandmother’s store. After the attack on Mrs. Joe, Biddy moves into the Gargery’s home. Biddy is affected by her surroundings and the people she encounters. Micro and Meso Environment Biddy is a strong example of one’s environment affecting one’s character and demeanor. Biddy is orphaned at a young age and â€Å"brought up by hand† by her grandmother surrounded by poverty, which has a great impact on her appearance (Dickens 43). She does not take pride in†¦show more content†¦This affects her outlook on life and the way she makes decisions. The fact that she was an orphan at a young age also plays a role in shaping Biddy’s personality. Biddy is an intelligent young woman who learns valuable lessons about herself during her childhood. Without the events that occurred and the surroundings that Biddy was placed in, she would be a different person entirely. Works Cited Banerjee, Jacqueline. â€Å"Ideas of Childhood in Victorian Children’s Fiction: Orphans, Outcasts, Rebels.† The Victorian Web. N.p., 22 Aug. 2007. Web. 20 Dec. 2010. . Dickens, Charles. Great Expectations. New York: Signet Classic, 1998. Print. Greig, Jodi. â€Å"Orphans in 19th Century Victorian England.† University of Florida: College of Liberal Arts and Sciences. N.p., n.d. Web. 20 Dec. 2010.Show MoreRelatedGreat Expectations for All Essay1835 Words   |  8 Pagesawkward phase of the teen years, as they leave behind childhood for adulthood. In these times of transformations, one often finds themselves marred by the wicked ways of naà ¯ve love and the humiliation many experience. In Charles Dickens novel Great Expectations, one is able to watch an innocent boy’s transformation into a mature gentleman who is still a child at heart. Pip is plagued with the daunting responsibilities of adulthood and deciding where his loyalties lay. Torn between the alluring worldRead MoreDickens Use of the Word Hand3157 Words   |  13 Pagessame way again. John Irving The King of the Novel Descriptive Dickens Use of the Word Hand Charles Dickens description in Great Expectations is a telling example of why people consider him one of the greatest and most successful novelists ever. Dickens uses his talent for descriptive writing throughout Great Expectations to develop his characters and themes. Many of these themes emerge from Dickens personal experiences, specifically his emphasis on the importance ofRead MoreEssay Analysis of Great Expectations by Charles Dickens5944 Words   |  24 PagesAnalysis of Great Expectations by Charles Dickens Charles Dickens, the revolutionary 19th century novelist, wrote a bildungsroman of Phillip Pirrip (Pip) and the reality of his own â€Å"Great Expectations† in his pursuit to become a gentleman. In Chapter 8, the reader is introduced to Miss Havisham and Estella and this is where Pip first becomes dissatisfied with the life at the forge. There were many writers in Dickens’ day whose works are no longer read; this is possibly because DickensRead MoreGreat Expectations- Character Analysis Essay10289 Words   |  42 PagesEstella Havisham: Most readers are appalled at the cold-hearted and cruel ways of Estella, but any criticism directed at her is largely undeserved. She was simply raised in a controlled environment where she was, in essence, brainwashed by Miss Havisham. Nonetheless, her demeanor might lead one to suspect that she was a girl with a heart of ice. Estella is scornful from the moment she is introduced, when she remarks on Pips coarse hands and thick boots. However, her beauty soon captivates Pip

Monday, December 16, 2019

Art 2c de Young Museum Report Free Essays

D. Pasturel Arts 2C Winter 2013 Midterm Review Date of Quiz: Thursday,January 24 Date of Midterm: Wednesday, February 13 The following are images which you will need to know for the exam. I will ask you to call to mind the artist, or the title, or the date, or the period. We will write a custom essay sample on Art 2c de Young Museum Report or any similar topic only for you Order Now You should memorize all of the information provided. * 1. Bemini. Baldacchino. St. Peter’s, Rome. 1624-1633. Italian Baroqu6. pg. 673. 2. Bemini. Ecstasy of St. Theresa. Comaro Chapel. 1645-1652. ItalianBaroque. pg. 675. 3. Caravaggio. Conversionof St. Paul. c. 1601. ItalianBaroque. pg. 683. {e 4. caravaggio. calling of St. Matthew. c. 1597-1601. Italian Baroque. pg. 681. {( + * 5. Artemesia Gentileschi. Judith Slaying Holofernes. c. 1614-1620. Italian Baroque. pg. 683. 6. Josd de Ribera. Martyrdom of st. Philip. c. 1639. spanish Baroque. pg. 688. T. Yelazquez. Las Meninas. 1656. Spanish Baroque. pg. 691. 8. Rubens. Elevation of the Cross. 1610. Flemish Baroque. pg. 698. 9. Frans Hals. Archers of Saint Hadrian. c. 1633. Dutch Baroque. pg. 704. 10. Judith Leyster. Self-Portrait. c. 1630. Dutch Baroque. pg. 705. 11. Rembrandt Van Rijn. Anatomy Lesson of Dr. Tulp . 1632. Dutch Baroque. pg. 706. Rijn. Night Watch. 642. Dutch Baroque. pg. 707. 12. Rembrandt Van 13. Vermeer. Woman Holding a Balance. c. 1664. Dutch Baroque. pg. 7ll. 14. Georges de La Tour. Adoration of the Shepherds. 1645-50. French Baroque. pg. 723. 15. Poussin. EtinArcadiaEgo. c. 1655. FrenchBaroque. pg. 719. 16. Claude Lorrain. Landscape with Cattle and Peasants. 1629. French Baroque. pg. 72I. 17. Hyacinthe Rigaud. Louis )ilV. n}l. French B aroque. pg. 7l4. 18. Mansart and Le 19. Frangois de Brun. Hall of Mirrors. Versailles. c. 1680. French Baroque. pg. 716. 730.. Cuvillids. Hall of Minors, the Amalienburg. Early 18s c. Rococo. g. 2}. Walteau. Pilgrimage to Cythera 21. Boucher. Cupid a Captive . 1717. Rococo. pg. 732. . 1754. Rococo. pg. 733. 22. Fragonard. The Swing. 1766. Rococo. pe. 734. II. In addition to the slide identifications, other questions including multiple choice, and shortanswer questions will be on the midterm examination. In order to respond to these questions, you should have a strong understanding of the following: A. all of the periods we have discussed in class, including: 1. The Baroque – chapter24 a. Italy b. Spain 2. The Baroque * chapter 25 a. Flanders b. The Dutch Republic c. France 3. The Rococo – chapter 26 (to page 734) B. While you will be tested on the slides listed above h â€Å"I†, you will also be expected to have a good comprehension of images not necessarily on the list. We have seen, for example, images in class that are not in the textbook, including a number of works by Vermeer. Although you will not be expected to know the titles or the dates of the slides not on the list, you should have a general understandlng of these to be able to answer possible multiple choice or short answer questions. Reading over your class notes should help in familiarizing yourself with these works. C. The exam will also include multiple choice and short answer questions on the history and culture of the above mentioned societies. This is the type of knowledge that should be stressed when studying for the exam. The Reformation and Counter-Reformation, for example, in-fluenced so much art of this period that an understanding of these movements is critical. Culturally, the religious beliefs and expanding middle class of Holland played a large role in the art produced in that country. III. Ways to study: A. attend class regularly B. read over your class notes thoroughly C. emorize the slide list above (either from the book or from my sites. goo gle. com/site/dpasturelarthistory/) D. read the textbook website: IV. What to bring to the exarR: A. apen and or a#2pencil B. scantron form available in the bookstore C. no dictionaries will be perrnitted except in special cases that have been cleared with me in advance CIIEATING POLICY: CHEATING WILL NOT BE TOLERATED. If you are caught chea ting during the exam, you will be asked to leave. If your responses are exactly the sa$te, or suspiciously similar to thbse of another student, your work will be catled into question. How to cite Art 2c de Young Museum Report, Papers

Sunday, December 8, 2019

Chief Seattle free essay sample

The long challenge of indigenous people has been overcome by not only their feeling of dispossession of their land but also that dispossession of being emotionally hurt through that of indigenous culture and family. Passage one Red Indian Heritage is my reading of a plea by Chief Seattle to keep his peoples land and this their way of life; it informs my reading of Garry Foley’s article White Myths Damage Our Souls which was writing over one hundred years after Seattle’s. Both texts explore similar ideas of dispossession within indigenous people. Foley’s article informs the reader of that forced assimilation of Koori people in Australia has cost them their Aboriginality which is also something Chief Seattle mentioned in his speech as to what will happen to his people. Throughout the texts imagery has been used to describe the land and also that of the white man. Values and attitudes have also been presented to show how they think and feel. We will write a custom essay sample on Chief Seattle or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page My perception on indigenous people has been challenged and reinforced by text one and then further challenged by text two as Indigenous people are only victims who’s traditional culture has been destroyed by non-aboriginal people. By this it challenges my attitudes towards Indigenous people. The long challenge of indigenous people has been overcome by not only their feeling of dispossession of their land but also that dispossession of being emotionally hurt through that of indigenous culture and family. Passage one Red Indian Heritage is my reading of a plea by Chief Seattle to keep his peoples land and this their way of life; it informs my reading of Garry Foley’s article White Myths Damage Our Souls which was writing over one hundred years after Seattle’s. Both texts explore similar ideas of dispossession within indigenous people. Foley’s article informs the reader of that forced assimilation of Koori people in Australia has cost them their Aboriginality which is also something Chief Seattle mentioned in his speech as to what will happen to his people. Throughout the texts imagery has been used to describe the land and also that of the white man. Values and attitudes have also been presented to show how they think and feel. My perception on indigenous people has been challenged and reinforced by text one and then further challenged by text two as Indigenous people are only victims who’s traditional culture has been destroyed by non-aboriginal people. By this it challenges my attitudes towards Indigenous people.

Saturday, November 30, 2019

Scarlet Fever free essay sample

Scarlet fever is caused by infection with exotoxin-producing group A beta-hemolytic streptococci (GABHS), notably  Streptococcus pyogenes. The release of a particular toxin is responsible for the characteristic scarlet-colored rash seen with scarlet fever (giving the disease its name). In the majority of cases, scarlet fever occurs as a result of a pharyngeal streptococcal infection (strep throat), though it can less commonly occur as result of streptococcal infections at other sites, such as the skin. It is estimated that scarlet fever develops in up to 10% of individuals who develop streptococcal pharyngitis. Scarlet fever can occur at any time of the year, though it is more common during the winter and spring. The streptococcal bacterium is typically spread via airborne respiratory droplets transmitted by infected individuals or by individuals who carry the bacteria but do not experience any symptoms (asymptomatic carriers). Vector This illness can be caught from contact with the sick person because this germ is carried in the mouth and nasal fluids. We will write a custom essay sample on Scarlet Fever or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The disease can be spread through contact with droplets shed when an infected person coughs or sneezes. If you touch your mouth, nose, or eyes after touching something that has these fluids on them, you may become ill. Also, if you drink from the same glass or eat from the same plate as the sick person, you could also become ill. The best way to keep from getting sick is to wash your hands often and avoid sharing eating utensils. It is especially important for anyone with a sore throat to wash his or her hands often and not share eating or drinking utensils. Incubation period Symptoms usually begin within two to five days after a person is exposed. The fever usually subsides within a few days, and recovery is complete by two weeks Treatment Because of the nature of the infection and the danger of serious complications, scarlet fever cannot be treated solely with alternative therapies. A course of antibiotics and treatment by a physician is imperative. However, alternative therapies may be used to relieve the symptoms of fever and sore throat, such as homeopathy, massage with essentials oils, allopathic treatment. If the patient is treated promptly with antibiotics, full recovery can be expected. Patients who have had scarlet fever develop immunity to the disease and cannot be infected again. Prevention Although scarlet fever is only contagious before treatment with antibiotics is begun, it is wise to avoid exposure to children at any stage of the disease. The best preventative measure against scarlet fever is early and appropriate treatment with antibiotics for group A streptococcal infection. This will significantly decrease or eliminate an individuals chances of developing scarlet fever. The introduction and widespread use of antibiotics has been the most important factor in diminishing the cases of scarlet fever. Minimizing the risk of transmitting group A streptococcal infection is also important. Try to avoid close contact with individuals who have been diagnosed with strep throat, and avoid sending children to school or day care until they have been treated with antibiotics for at least 24 hours. Those individuals diagnosed with strep throat should try to avoid spreading the disease to others by maintaining good hygiene practices (wash hands frequently, use separate utensils and cups, and cover the mouth and nose when  coughing  or sneezing).

Tuesday, November 26, 2019

Art from greece essays

Art from greece essays The piece of art that I chose from this chapter can be found on page 157. This is a sculpture of the Greek god of the sea, Poseidon. I guess it seems fitting that this sculpture was found on the bottom of the sea in 1928. The ancient sailors relied on Poseidon for safe voyage on the seas. He had is good points and his bad as a god; he is often thought of as a moody god. When he became upset that was when the seas would be rough, causing shipwrecks and drownings. On the other hand, when Poseidon was happy the ocean would be calm and new lands in the water would be created. This god was always creating trouble with another; he was always having love affairs or competitions. But, none the less he played a major role in Greek mythology, especially as one of the major gods in the Trojan War. This statue of him is very unique. This was probably created around 460 BC by the ancient sculptor Kalamis. It is roughly 2 meters high, made of bronze, and is of one of the newer styles of Greek art. His flowing style is that of contrapposto, so it is more relaxed, unlike the earlier archaic sculptures. His pose is one that seems to command space, his slightly bents knees make it looks as though he is about to move at any moment. This pose is most likely one of him in some sort of sport or battle, because upon looking closely one can see that his right hand should be holding a spear or something of the sort. His motion is evident of one major thing, however. It shows the Greek interest in athletics. The Greeks would go to the gymnasia and study the athletes in order to perfect the figure in action. Overall, this sculpture of Poseidon was the one in the chapter that caught my attention the most. I like the contrapposto style more so than the archaic. The fact that it is also made out of bronze is special because very few sculptures of bronze have survived from that age. It seems that Kalamis did a great job emphasizing the beaut...

Friday, November 22, 2019

Confidence Interval for a Population Proportion

Confidence Interval for a Population Proportion Confidence intervals can be used to estimate several population parameters. One type of parameter that can be estimated using inferential statistics is a population proportion. For example, we may want to know the percentage of the U.S. population who supports a particular piece of legislation. For this type of question, we need to find a confidence interval. In this article, we will see how to construct a confidence interval for a population proportion, and examine some of the theory behind this. Overall Framework We begin by looking at the big picture before we get into the specifics. The type of confidence interval that we will consider is of the following form: Estimate /- Margin of Error This means that there are two numbers that we will need to determine. These values are an estimate for the desired parameter, along with the margin of error. Conditions Before conducting any statistical test or procedure, it is important to make sure that all of the conditions are met. For a confidence interval for a population proportion, we need to make sure that the following hold: We have a simple random sample of size n from a large populationOur individuals have been chosen independently of one another.There are at least 15 successes and 15 failures in our sample. If the last item is not satisfied, then it may be possible to adjust our sample slightly and to use a plus-four confidence interval. In what follows, we will assume that all of the above conditions have been met. Sample and Population Proportions We start with the estimate for our population proportion. Just as we use a sample mean to estimate a population mean, we use a sample proportion to estimate a population proportion. The population proportion is an unknown parameter. The sample proportion is a statistic. This statistic is found by counting the number of successes in our sample and then dividing by the total number of individuals in the sample. The population proportion is denoted by p and is self-explanatory. The notation for the sample proportion is a little more involved. We denote a sample proportion as pÌ‚, and we read this symbol as p-hat because it looks like the letter p with a hat on top. This becomes the first part of our confidence interval. The estimate of p is pÌ‚. Sampling Distribution of Sample Proportion To determine the formula for the margin of error, we need to think about the sampling distribution of pÌ‚. We will need to know the mean, the standard deviation, and the particular distribution that we are working with. The sampling distribution of  pÌ‚ is a binomial distribution with probability of success p and n trials. This type of random variable has a mean of p and standard deviation of (p(1 - p)/n)0.5. There are two problems with this. The first problem is that a binomial distribution can be very tricky to work with. The presence of factorials can lead to some very large numbers. This is where the conditions help us. As long as our conditions are met, we can estimate the binomial distribution with the standard normal distribution. The second problem is that the standard deviation of  pÌ‚ uses p in its definition. The unknown population parameter is to be estimated by using that very same parameter as a margin of error. This circular reasoning is a problem that needs to be fixed. The way out of this conundrum is to replace the standard deviation with its standard error. Standard errors are based upon statistics, not parameters. A standard error is used to estimate a standard deviation.  What makes this strategy worthwhile is that we no longer need to know the value of the parameter p. Formula To use the standard error, we replace the unknown parameter p with the statistic pÌ‚. The result is the following formula for a confidence interval for a population proportion: pÌ‚ /- z* (pÌ‚(1 - pÌ‚)/n)0.5. Here the value of z* is determined by our level of confidence C.  For the standard normal distribution, exactly C percent of the standard normal distribution is between -z* and z*.  Common values for z* include 1.645 for 90% confidence and 1.96 for 95% confidence. Example Lets see how this method works with an example.  Suppose that we wish to know with 95% confidence the percent of the electorate in a county that identifies itself as Democratic.  We conduct a simple random sample of 100 people in this  county and find that 64 of them identify as a Democrat. We see that all of the conditions are met.  The estimate of our population proportion is 64/100 0.64.  This is the value of the sample proportion pÌ‚, and it is the center of our confidence interval. The margin of error is comprised of two pieces.  The first is z*.  As we said, for 95% confidence, the value of z* 1.96. The other part of the margin of error is given by the formula (pÌ‚(1 - pÌ‚)/n)0.5.  We set pÌ‚ 0.64 and calculate the standard error to be (0.64(0.36)/100)0.5 0.048. We multiply these two numbers together and obtain a margin of error of 0.09408.  The end result is: 0.64 /- 0.09408, or we can rewrite this as 54.592% to 73.408%.  Thus we are 95% confident that the true population proportion of Democrats is somewhere in the range of these percentages.  This means that in the long run, our technique and formula will capture the population proportion of 95% of the time. Related Ideas There are a number of ideas and topics that are connected to this type of confidence interval.  For instance, we could conduct a hypothesis test pertaining to the value of the population proportion.  We could also compare two proportions from two different populations.

Thursday, November 21, 2019

Linear Model and Nonlinear Model Essay Example | Topics and Well Written Essays - 2000 words

Linear Model and Nonlinear Model - Essay Example This model can then be used in predicting the dependent variable values based on the independent variable values. In measuring the association strength between X and Y variables, correlation analysis is applied. Generally, when plotting for the line of best fit, the concept of the least squares is applied. Interpretation of the slope of the line of best fit is usually done in algebra i.e. -0.008/1. The slope represents a ratio that exists between the Y and X variable in that a change in Y per change in X is represented by the ratio. From the equation above, As the X- variable value increases by 1, the Y-variable value decreases by 0.008. In the context of the question, as the years increases by 1, the winning times of the Summer Olympics, 200m Breaststroke women swimming decreases by 0.008. This implies that the units of the slope of the line are determined by the units of the Y-variable per the units of the X-variable. The Coefficient of determination (R squared) is an indication of how well the points of data fit on a regression line. In most cases, the main role of the R squared in statistical models is to predict future outcomes or to test for the hypotheses. This coefficient is used to determine how proportionate the variance of one variable is from another from the model. Usually, the value should range between 0

Tuesday, November 19, 2019

Prior to the 19th century Europe had little impact on East Asian Essay

Prior to the 19th century Europe had little impact on East Asian developments - Essay Example White presence in the countries of the Far East was predominantly commercial and confined to the coastal settlements where traders and soldiers got together under the auspices of Western men-of-war, yet in truth relied on their hosts’ goodwill. For the major empires of China or Tokugawa Japan shogunate they were both strategically and politically marginal and insignificant1. Furthermore in China, Joseon Korean kingdoms and in Japan religious and social structures were rather resistant to rapid change and conferred much stability continuity. The systems of Buddhism and Taoism were taking hold along with Confucianism that emphasized individual moral obligations to the society. Neither in China nor in Korea nor in Japan was an individual viewed as ultimately autonomous. Furthermore these societies did not focus on individual freedoms. Nevertheless continuity and stability are relative notions. Asian cultures developed a curious patchwork of social customs, languages, religious be liefs and different ways of thinking. Ancient varieties of astrology, geomancy and animism were still omnipresent, particularly in rural areas where pantheism offered plenty of opportunities for religious tolerance. In China, Korea and in Japan reverence for elders, ancestors and deities of nature, dating from thousands of years before Christ, were considerably amalgamated into newer mode of thinking. In most places religious systems were linked to the complicated social structures. These cultures were not fit to separating political and social affairs from belief or faith. Such distinctions made no sense in most parts of East Asia. Likewise they make no sense nowadays either. Religious and quasi-religious systems are present in all aspects of human life: in politics, family and social relations, in philosophy2. For example, Confucianism is notable for both being a system of political, personal and social ethics as well as for being an effort to explain the world as a whole in ratio nal terms. It lays down a rule of life that tends strongly to keep social hierarchy and order. It has long existed side by side with Buddhism, Taoism and even with Marxism. There even have been several religious wars in Japan and in China similar top those in Europe. The imperial â€Å"Celestial† monarchy of China went on to look predominantly inwards. Within a period between 750 and 1100 the population of almost doubled so by the beginning of the 16th century China, with her 100 million people, had already had the largest number of subjects than any kingdom of that time civilized world. Yet in 1386 the Chinese Ming defeated the heirs of Mongol Kublai Khan, expelled Mongols and assumed the imperial power. They developed sciences, arts and various technologies to rather high level. At the beginning for the fifteenth century, they moved their capital northward from Nanjing to Beijing. This 800-mile transfer involved great expenses for new walls palaces and for the transport. Fo r all those cultural developments, nevertheless, there was much ossification. As for Europeans time has always been linear for the people of Far East cultures time have been cyclical. European societies tended toward the rule of law. Their despotisms were mollified by custom, privileges, charters and rights of towns and after all by law. Celestial Empire in its turn developed bureaucratic and centralized methods of

Saturday, November 16, 2019

The Tragedy Of Macbeth Essay Example for Free

The Tragedy Of Macbeth Essay According to Aristotles definition Shakespeares work of Macbeth is classed as a tragedy. In order for a piece of work to be called a tragedy it must follow nine rules and one of which is the rule I will be focusing on today. This rule is The tragic hero effectively evokes both pity and fear. In this essay I will be answering the question to what extent does Shakespeare create pity for Macbeth? The first point in the play Shakespeare creates pity for Macbeth is in Act 1 Scene 7, where in this scene Macbeth presents his first soliloquy to the audience, and it is this soliloquy, which creates pity for Macbeth. Throughout the soliloquy Macbeth mentions two separate things regarding the killing of Duncan, at one point he says Against the deep damnation of his taking off. The phrase taking off refers to the killing of the king, another example is upon the sightless couriers of the air, shall blow the horrid deed in every eye. When Macbeth refers to the deed and the blow he is talking about the killing of Duncan. Macbeth is using euphemisms when referring to the killing of Duncan because he is lying to himself, He is trying to get the killing of Duncan out of his mind so he can continue with his life, he continues and says I have no spur to prick the side of my intent, but only vaulting ambition, which oer-leaps itself and falls on the other side. This quotation means that Macbeths only motive in this attack and murder was ambition. This also tells us that Macbeth was pushed into the deed that he committed. Later in this scene we see that Macbeth was indeed persuaded by Lady Macbeth to do the act, in line 50 Lady Macbeth says When you durst do it, then you were a man; in this quotation she is questioning his manhood, she is saying that Macbeth is not a man but if he kills Duncan then he is a man. The evidence shown strongly suggests that Act 1 Scene 7 does create pity for Macbeth. The next part of the play, which is significant in creating pity for Macbeth, is Act 2 Scene 1 which includes Macbeths second soliloquy Is this a dagger I see before me, the handle towards my hand? Come let me clutch thee: Macbeth, in this quotation, is hallucinating; he is seeing a dagger in front of him. It is like he has foreseen the future and that it is almost inviting him to murder Duncan. I have thee not yet I see thee still. Art thou not, fatal vision, sensible to feeling as to sight? Or art thou but a dagger of the mind, a false creation? He is questioning the dagger, he can see it but he cannot feel it so he believes it is just a figment of his imagination. Then he says Proceeding from a heat oppressed brain? I see thee yet, in a form as palpable. He is saying he is ill and blaming the fact that he has a temperature, heat oppressed brain and that is why he is seeing those images. As the soliloquy is about to finish Macbeth hears a bell ring I go and it is done, the bell invites me, hear it not, Duncan; for it is a knell, that summons thee to heaven, or to hell, He thinks that the ringing of the bell is a sign for him to kill Duncan and then goes. It is felt from this scene that pity has been created because it is showing that Macbeth is unstable and his mind is not at its sharpest and at its best. As the play continues there is meant to be more pity created for Macbeth in Act 3 Scene 1 where Macbeth has his third soliloquy through lines 50 61. Macbeth compares himself to Banquo, He sees Banquo as valiant and royal but sees himself as evil and harsh. It is rather obvious in these two lines that Shakespeare is trying to create sympathy and pity for Macbeth. In lines 61 65 Macbeth describes the crown and the sceptre (him being king) as fruitless and Barren, He describes the monarchy as fruitless because when he dies he will have no sons or daughters to pass the crown down on to, he is also referring to this when he says Thence to be wrenchd with an unlineal hand. Which means that a non-member of his family will take the crown from him. Later on in the scene through lines 65 73 he calls upon both fate and darkness as his allies to help him in his evil ways. This implies Macbeth is unstable and desperate as he needs help from two different things, it also implies he needs help t o cope with his life. Once again pity is created for Macbeth but he manages to destroy the sympathy and pity as he orders the slaughtering of Banquo but Banquos ally Fleance escapes. Act 3 Scene 4 is one of the most significant and meaningful scenes in the entire play and is the Banqueting scene. In this scene Macbeth is staging a banquet at his home and everyone in Scottish importance is in attendance, between lines 35 and 40 the ghost of Banquo enters the room and sits in the throne. Macbeth is the only one in the room that can see the ghost and begins to become emotionally upset which in turn makes the audience feel sorry for him. He begins to act strangely and guests begin to get suspicious, Lady Macbeth then says sit, worthy friends: my lord is often thus: this is clearly an excuse to stop guests getting suspicious, but there is a sense of irony in this as no-one would like a king ruling there country who is mentally unstable, and with that Macbeth has generated more sympathy for himself. Lady Macbeth then takes her husband aside and says Why do you make such faces? When alls done, you look but on a stool This clearly shows that in this stage of the Play Lady Macbeth is the one who is in charge and the one who has a clear head. There is another instance in Scene 4 where Shakespeare creates pity for Macbeth, it is shortly after the murder of Banquo one of the murderers comes in to tell Macbeth that Fleance has escaped death, Macbeth then comes out and says Then comes my fit again: I had else been perfect; whole as a marble, founded as a rock, as broad and general as the casing air: but now I am cabbind, cribbd, cofind, bound into saucy doubts and fears. but Banquos safe? In this quote Macbeth is clearly panicking, his plans were perfect but have now been ruined. The reference to marble only develops the idea of his perfect plans, as we see marble as a perfect and solid stone. This scene clearly evokes a lot of pity for Macbeth as the audience begins to see that Macbeth s perfect plan is falling apart. Shakespeare is using similes in the lines Macbeth is speaking just to emphasise the importance and the significance of the quotation In Act 4 Scene 1 there are three ghostly figures which appear to give Macbeth some words of advice, the first apparition tells Macbeth Beware Macduff, the second Be bloody, bold and resolute the third Macbeth shall never be vanquishd till Birnam wood comes to Dunsinane In reply to the three apparitions advice Macbeth says Macduff, what do I fear thee, Ill make assurance doubly sure This reply from Macbeth means that he will do anything to aid him to prevent Macduff from doing what he will, later on in the scene Macbeth says, The castle of Macduff I will surprise; soon upon Fife; give to edge of the sword his wife, his babes, and all unfortunate that should trace him in his line After Macbeth has made this statement all pity felt for him by the audience disappears as there is no need to bludgeon Macduffs family. In Act 5 the undoing of Macbeth is shown. In scene 1 there is a conversation between the gentlewoman and the doctor concerning Lady Macbeths well being, soon after, she enters and the audience see how ill she is. She relives the night of Duncans murder all over again and is trying to wash the blood off of her hands, there is really no blood on her hands but she is in an ill state of mind and therefore does not know, she continues to clean the blood off of her hands, but says that it wont come off and that she can still smell it, later in Act 5 Scene 5, Lady Macbeth dies in a state of mental pain and anguish, at this moment the most pity is evoked for Macbeth. This is one of the saddest moments in the play and Macbeth makes it worse by saying Out, out brief candle! Lifes but a walking shadow, a poor player that sweats and frets his hour upon stage, and then is heard no more. Macbeth is basically saying in this quote that life is pointless and that every species on the planet is one big actor and the world is just one big stage and that life is just one big play. Afterwards in Scene 6 a message is sent to Macbeth from a lookout that Birnam wood is coming to Dunsinane. Macbeth is shocked as he hears it and goes into a state of denial and calls the messenger a liar and warns him that he should tell the truth. Macbeth goes up to see for himself and sees what he wouldnt of believed; he immediately calls for his armour, his shield and his sword. Macduff soon arrives and he and Macbeth have a sword fight, Macduff, still with the anger of his familys slaughtering inside him, draws his sword and decapitates Macbeth. Macduff takes over as the King of Scotland and the play finishes. In conclusion it is without a doubt that Macbeth is a tragedy, and through its 5 acts and 26 scenes it evokes pity on separate occasions. The question was To what extent does Shakespeare create pity for Macbeth. Pity is created almost to the extent that the audience forgives Macbeth for his terrible actions but not entirely. If you take into account all the evidence gathered and make a conclusion you will see that the audience never did and never were supposed to forgive Macbeth.

Thursday, November 14, 2019

Hammurabis Code :: essays research papers

Hammurabi’s Code The formers of the Hammurabi’s Code of Laws surely created strict rules with severe punishments for their violation. In fact, these laws played a big role in organization of Mesopotamian society. Reading these laws, reader may learn about ideals people of Mesopotamia had about crimes, their attitude to the lower and higher social classes, and legal rights between men and women. Reading the laws I noticed that many crimes were punished by death penalty. Many laws tell that guilty person has to pay the same price for the physical harm one did to another person or one’s relative. For instance: law 196 states (encyclopedia.com): â€Å" If a man put out the eye of another man, his eye shall be put out.† In addition, at that time, people were penalized to death for many crimes or wrongdoings that almost never would be penalized with capital punishment at a modern time. Among such felony and misdemeanors are stealing, robbery, accusation, adultery, and desertion. Hammur abi’s Code also, reveals inequality between social classes. Slaves were not treated by the laws the same as free-born people. According to the Code of Hammurabi, women had some legal rights, but these rights were not equal to men’s. Married women had a right to divorce as well as men. In fact, in order to acquire the right for divorce, a woman has to find a reasonable explanation for her desire, and only than the divorce could be possible. Overall, the Hammurabi’s Code of Laws showed that crimes in Mesopotamia were followed by severe punishments. Very often these punishments were death penalty. The laws were not equal between social classes, and slaves were subjected to the harsher punishments than free-born.

Monday, November 11, 2019

Basic Concepts in the Law of Contracts

LGST 612 Prof. Kevin Werbach BASIC CONCEPTS IN THE LAW OF CONTRACTS Contracts are essential to business. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms, and with customers, partners, and suppliers. Over several centuries, the law governing contracts has developed a large number of doctrines. Most are consistent with common sense, but unless you know what the rules are, you can easily make a mistake. This document introduces the fundamentals of contract law most relevant to businesspeople.Important legal terms are italicized. What is a Contract? And what is Contract Law? Legally, a contract is a set of promises that the law will enforce. We make promises all the time. Only some of them – the ones that meet the contract formation requirements listed below – are legally enforceable. That means the legal system, in the form of courts, can step in to order some action or payment for violation of the contra ct. Contracts are therefore private deals with the possibility of public (governmental) enforcement.Of course, there are many reasons to fulfill promises other than legal obligations. Reneging on promises may be unethical, or may result in a loss of goodwill or reputation as costly or more so than anything a court can impose. The general principles of contract law are fairly universal around the world. However, specific rules vary from country to country. In common law countries such as the United States and Great Britain, most of the legal doctrines governing contracts have been developed by courts over the centuries.In civil law countries such as those in Continental Europe, most of the terms of contract law are specified through comprehensive legislative codes. Even in the U. S. , some aspects of contract law are regulated by legislation. Certain classes of contracts involving employment, securities transactions, health care, and consumer financial transactions are subject to reg ulations that supersede the general principles of common law. Commercial contracts for the sale of goods (as opposed to services like consulting) are covered in virtually every state in the U. S. y the Uniform Commercial Code, which imposes specific statutory requirements. And certain contracts are made unenforceable by the Constitution: for example, a provision that a house may not be sold to a certain racial or ethnic group. Parties negotiating a contract each believe they will benefit from the agreement. For example, a corporation purchasing a license for enterprise software believes the benefit from the software will exceed the price it pays, and the software vendor believes the price will exceed sum of expected costs for providing access to its product.When parties enter into a contract, therefore, they generally do not expect it to be breached (violated), or to resort to the legal system. However, they recognize that sometimes a partner may make a promise with good intentions, and later fail to fulfill it, or that circumstances may chance in some way. When evaluating contracts, courts will generally not consider whether the deal was a good one for either side. The standard view is that no one forced the parties to enter into the contract; they should be held to the bargain they struck.Another way to think of a contract is as a legal hedge against uncertainty or risk. The contract gives each party confidence that if the other fails to perform, they can receive compensation through the courts. It also allows parties to specify how specific situations in the future may be addressed. For example, in the software license described above, what happens if the buyer decides to modify some of the software code and resell it? Rather than wait for the confusion if that happens, the parties can specify ahead of time how the situation will be handled, by adding provisions to the contract.LGST 612 (Prof. Werbach) Page 2 Contemporary legal systems focus on two things i n contracts cases: intent and reliance. If the evidence shows that all parties acted as though they intended to be legally bound to a contract, and the plaintiff (the one filing the lawsuit) reasonably relied on the defendant to follow through with the contract, the courts will generally enforce it. To do otherwise would be unfair to the party that was harmed by honoring their commitments. In modern contract law, intent and reasonable reliance often trump formalities.A contract may generally be enforced even if it not signed, written, or even expressly made. For example, if a fishmonger delivers fresh fish to a restaurant every Monday for a year and receives the same payment each time, there may be an implied contract even if the parties never explicitly spoke about it. The plaintiff still needs to convince the judge or jury in court, which is much harder to do based on oral testimony than documentary evidence. Unwritten contracts also leave significant gaps for courts to fill in.Th e implied contract between the restaurant and the fishmonger, for example, could be terminated at any time by the parties, because there is no explicit term guaranteeing how long it will last. Remedies What a court awards to a successful plaintiff for breach of contract is known as the remedy. In contract law, the sole purpose of the remedy is to adequately compensate for the breach. You cannot receive additional â€Å"punitive† damages to punish someone for breach of contract, as you might under a tort claim such as products liability. The same facts, however, might give rise to both kinds of claims, as when a party deliberately breaks a contract in order to harm the other party’s business. ) In most contracts cases, the remedy is a payment of money, known as damages. There are three main ways that courts may calculate the level of damages: †¢ Expectation is the preferred formula. Whenever possible, this is what courts will use. Expectation means that the plainti ff (who did not breach the contract) gets the â€Å"benefit of the bargain. † In other words, they receive compensation to put them in the position they would have been in, had the contract been performed.For example, if an airline enters into a futures contract to purchase jet fuel in one year at $4/gallon, and at the time of performance the fuel company breaches because the spot market price is now $7/gallon, the expectation remedy would be $3/gallon times the number of gallons. In other words, it is the difference between the market and contract price. That way, the airline can buy the fuel from someone else at the market price, and still get the benefit of the contract. Reliance is used when expectation damages cannot be calculated because the amounts are too uncertain, or there is some other reason not to give expectation damages.Under this formula, the plaintiff gets back any costs he or she has expected by relying on the contract, so they are no worse off than before t he agreement. Generally, this will be a smaller amount than the expectation remedy. Restitution is used in rare situations where even reliance damages are not feasible to determine. Under this formula, the defendant (who breached the contract) must give back whatever benefit he or she received from the plaintiff, even if this does not fully cover the plaintiff’s reliance.For example, if the plaintiff paid money to the defendant for some services, the defendant must give it back. †¢ †¢ Courts may also consider awarding incidental and consequential damages. These are other costs the plaintiff can demonstrate, which go beyond his or her expectation under the contract. For example, imagine a factory owner contracts for a $50,000 piece of machinery to power a production line, and LGST 612 (Prof. Werbach) Page 3 the supplier breaches the contract. It takes a month before the factory can obtain an equivalent machine from another supplier (also for $50,000).As a result, the factory loses one month of production, which produces financial losses of $500,000 and causes its customers to terminate future orders worth several million dollars. All those costs are considered consequential damages. Whether they can be recovered depends on how foreseeable they were, and on the terms of the contract itself. On the one hand, those are actual losses the plaintiff suffered; on the other hand, was it reasonable to think the defendant took on millions of dollars of potential liability when it sold a $50,000 machine?In limited situations, monetary damages are not sufficient to give the plaintiff an adequate remedy. In such cases, a court may order an injunction (forbidding the defendant from some course of action) or specific performance (affirmatively ordering the defendant to go through with the transaction). Specific performance is only available for unique objects, where the money to purchase a similar object is not considered sufficient. This includes things such as works of art and real estate. Breach Failing to follow through on the legal obligations of a contract is called a breach.A breach might mean one party totally ignored its contractual obligations, or that it failed to perform some of them (such as completing the contracted-for services within a specified time), or that it did so in an inadequate manner. Whether something constitutes a breach is a factual decision for the court. The decision may be easier if the contract itself specifies conditions for breach, or whether a failure to perform specific responsibilities constitutes a breach of the whole agreement.As mentioned above, breaching a contract is not the same thing as breaking a promise, because law and ethics are not identical. In particular, sometimes a breach is, economically at least, a good thing. Imagine that an architect contracts with a cabinetmaker for custom-designed built-in furniture in a renovated house. However, the owner of the house changes her mind before f inalizing her contract with the architect, and he loses the commission. The cabinetmaker has not yet started to manufacture the furniture.It would be wasteful to force the architect to go through with the contract, when he knows the cabinets will be useless. It is more efficient for the architect to breach the agreement. So long as the architect pays sufficient compensation to the cabinetmaker (voluntarily or in the form of monetary damages or a voluntary payment), there is nothing unethical in his breach. Contract Formation There are five required elements for a legally binding contract. In other words, a plaintiff suing for breach of contract must first show that all five were met. Then they must show the contract was breached, and they are entitled to a remedy. ) 1. 2. 3. 4. 5. Offer Acceptance Consideration Legality Capacity The first two requirements, offer and acceptance, are sometimes lumped together and called â€Å"mutual assent. † They are typically the most difficu lt and important elements to establish. LGST 612 (Prof. Werbach) Offer Page 4 An offer is a proposal that manifests intent to enter into a contract. It is distinguished from an invitation, which is merely a proposal to enter into negotiations and therefore not legally binding.The party that makes an offer is called the offeror and the party that receives it is called the offeree. For the offer to be valid, the offeror must: 1. Manifest the intent to enter into a contract 2. Be definite and certain regarding the essential terms of the proposed contract 3. Communicate the offer to the offeree Suppose you are at a used-car dealer's lot. You see a care you like with the price listed as $9,995. You ask the salesperson what he’d take for the car; he doesn't answer you, but responds by asking you what you would offer.If you then say, â€Å"I wouldn't pay the list price, but I might pay $8,000 if I could finance it,† have you made an offer? In considering questions of this typ e, courts will look to â€Å"objective† manifestations of intent. Would a reasonable (ordinary, average) person, listening to your conversation in context, think that you intended to bound into a contract if the salesperson accepted? Again, reasonable reliance is what the courts look to protect, so your subjective mental state, even if it could be reliably determined, is irrelevant. Courts do, however, consider the context.You might offer to purchase a candy bar simply by holding out a dollar bill to a cashier, but an offer to enter into a multi-million dollar merger agreement might require significantly greater formalities. Similarly, if it would be clear to a reasonable observer that a statement was made as a joke, or in a social setting that does not involve contractual obligations, such as a wedding invitation, there is no binding offer. All these, however, are factual questions that courts might assess by hearing witnesses, looking at evidence, and listening to experts.A cceptance An acceptance is the mirror of an offer. If the offeree (the one receiving the offer) objectively manifests intent to be bound, the other elements below are met, and the offer is still valid, a contract comes into being at that moment. Intent is evaluated the same way for acceptance as for the offer. For the acceptance, however, courts are more sensitive to situations where someone takes actions that indicate acceptance (such as signing a document), but does not in fact understand the obligations they are undertaking.In such cases, courts generally look to whether this is the sort of contract that is typically accepted in that manner, and whether the offeree had a reasonable opportunity to analyze the contract but chose not to. Many business-to-consumer agreements are so-called contracts of adhesion or form contracts, where the consumer has no real opportunity to negotiate the specific terms – think of a rental-car agreement – but acceptance is still generall y considered valid because there are other means to protect the consumers and the alternative would be extremely inefficient and cumbersome.There are four ways that an offer may no longer be valid: 1. The offeror may generally revoke the offer by communicating that to the other party at any moment before acceptance. 2. If the one receiving the offer rejects it, which includes making a counter-offer, the original offer is considered no longer binding. 3. After some reasonable period of time, determined by the court based on the context, offers lapse. You cannot walk into a used-car dealer and say you are accepting the list price of a car advertised two years before. 4. Death or incapacitation of an offeror generally cancels an offer.One exception to the rule about revocation of offers is the option contract. This is essentially a contract that binds only one party. For example, a property owner might grant a real estate investor LGST 612 (Prof. Werbach) Page 5 an option to purchase a building for $15 million within a period of 90 days. If the investor comes forward with the $15 million, the owner must sell the building. The investor, however, is under no obligation to do anything. (Options on stocks operate the same way; the price for the put or call is the payment for the option. ) Under U. S. aw, there must be a separate payment for holding open the option, even if it is specified in the same document as the purchase terms. In other words, in the real estate example, if the building owner promised to keep the offer open for 90 days, but received no compensation for that promise, it would technically be free to sell to someone else. In many other countries, a party that promises an option must keep it open for a reasonable period of time, even without payment. The acceptance must mirror the offer. That means the offeree must comply with any conditions the offeror placed on the offer.If, for example, the offer states that payment must be made in cash, or that t hose wishing to accept the offer must show up in person at a certain location, those conditions must be met for a valid acceptance. If the offeror does not specify, the offeree may use any reasonable means. This may even include actions rather than words. If I ask a friend to bring me a sandwich from the cafe downstairs, which I’ll pay for, and she immediately goes to purchase it without saying a word, her actions would likely be a sufficient manifestation of intent.As always, context matters. In a complex commercial negotiation, it may be reasonable to exchange numerous very specific drafts, which are not formally accepted until the final version is signed off on by senior executives. Consideration Consideration means that each party has committed to giving up something of value to induce the promise or action of the other party. It is the way the law distinguishes an enforceable contractual bargain from a gift. If someone promises to give you a gift, and then reneges on the promise, you cannot sue them for breach of contract.There was no contract to begin with, because you did not have to give anything up in return for the gift. In most contracts, consideration will be money in exchange for some goods or services. However, it can be anything of legal value, including property or voluntarily giving up a legal right to act in a certain way. In a famous case, a court held that an uncle’s promise to pay money to his nephew if the nephew gave up smoking and drinking was enforceable, because the nephew stopped doing something he was legally entitled to do. The consideration must, however, be needed to induce the promise.If your action or inaction wasn’t what motivated the other party, there is no consideration. The amount of consideration need not match the value of what the party receives in return. A contract to pay $100 for a computer worth $1,000 may be a bad deal, but it has sufficient consideration. The main question is whether there is something of value exchanged to demonstrate the agreement is not a gift. In business agreements, this sometimes means a recital (a contractual provision that simply states a fact) along the lines of, â€Å"in exchange for good and valuable onsideration of one dollar†¦Ã¢â‚¬  to ensure consideration is found. Legality Contracts that are made for an illegal purpose will not be enforceable in a court of law. An agreement with a hit man to kill a disfavored relative may meet all of the formalities of a contract, but it should be obvious that you could not sue him for failing to go through with it. More realistically, an agreement to engage in bribery or to restrain market competition in violation of antitrust laws would be unenforceable.Capacity All parties to a contract must have the legal capacity to enter into a binding agreement. In other words, they must have what the law considers sufficient mental fortitude to understand and commit to LGST 612 (Prof. Werbach) Page 6 the obl igations involved. Two main classes of people who do not have capacity are children and those under significant mental disability or impairment. Children are generally not allowed to become legally bound by contracts. (The specific age cutoff and other considerations vary from jurisdiction to jurisdiction. If an adult contracts with a child, the child can void the contract at will, but the adult is still bound if the child wishes to enforce the agreement. The other situations in which capacity becomes an issue are when a party either has a significant disability that prevents them from understanding contractual obligations, or they are too severely impaired by drugs, alcohol, or another factor. Capacity is judged objectively: would a reasonable observer think the party was in a state that made it impossible to express intent to contract?If so, the party at that moment lacks the legal capacity. It is important to note that capacity is not the same thing as capability or authority. A bank may not actually have the financial wherewithal to provide the financing that it contracts for, but this does not mean it is incapable of entering into any contract. If it fails to provide the financing that the other party reasonably relied on, it is in breach of contract, whether or not it actually has the resources needed to perform. Similarly, an agent may or may not have the legal authority to speak for a firm.If a sales representative (or someone claiming to be a sales representative) commits a company to an agreement with a customer that the company does not in fact wish to honor, that has no bearing on the legal capacity to contract. In that situation, the court must determine whether it is appropriate to bind the company. If the salesperson did not in fact have actual authority to sign off on such contracts, courts would look to whether it was reasonable for the customer to think that they did, especially without communicating with corporate headquarters.Whether a Cont ract Must be in Writing (â€Å"Statute of Frauds†) As mentioned above, there is no general requirement that contracts be in writing. It is generally a good idea to write contracts down, because that provides clear evidence of their existence and terms if they are ever breached. Fundamentally, though, an oral agreement, or an unsigned written agreement, is a valid contract, except in two broad cases. The first is when there is a statutory or regulatory requirement to put a certain agreement in writing. This is often the case, for example, with financial and healthcare agreements.The second is if the contract is under the statute of frauds. The Statute of Frauds was a 17th century English law that required some contracts to be in writing, because otherwise there would be too much risk of witnesses lying (the â€Å"fraud†) in their oral testimony in court. Today, the term refers mostly to common law principles that impose a writing requirement, plus provisions of certain modern statutes (such as the Uniform Commercial Code) that impose similar obligations. Saying that a contract is â€Å"under the statute of frauds† means that it has to be in writing.There are several categories of contracts that fall under the statute of frauds, including suretyship (promising to pay someone else’s debts) and contracts in consideration of marriage (such as prenuptial agreements). The three categories most likely to arise in a business context are: †¢ †¢ Sale of land. This also includes interests in land, such as a mortgage. Sales of goods worth $500 or more. Note that contracts for services, such as consulting or financial advice, are not covered under this provision. The $500 figure comes from the Uniform Commercial Code, and is an arbitrary figure, not pegged to inflation.LGST 612 (Prof. Werbach) Page 7 †¢ Promises not performable in one year. In other words, there is no way the contract could be successfully performed within a year. If the contract does not specify a term of longer than a year, and there is come conceivable scenario in which both parties would discharge their responsibilities before the end of the year, it need not be in writing. If a contract falls under the statute of frauds, a sufficient â€Å"writing† is a document that identifies the parties, describes the basic obligations of the contract, and is signed by the party to be charged.As with any written contract, if there are specific details not set out in the document, the court can interpret the language or fill in reasonable terms as necessary to enforce it. If, however, the writing is missing a material term – for example, the price in most sales contracts – it is not enforceable. Basically, the court needs enough information to determine a remedy. If the contract is not under the statute of frauds, the courts can look to other written evidence or oral testimony to find a material term. However, if the parties simply failed to agree on such an essential point, the contract is unenforceable.Note that when the statute of frauds applies, only one party is required to sign the agreement: the party who is being sued to enforce it (the defendant). The signature of the other party may still be useful to prove there was intent to enter into a binding agreement. Excuses to Performance In some circumstances, a party will not be held to an agreement, even when it met all the legal requirements for a valid contract. The most common excuses to performance are: Fraud. If one party induces a contract by lying to the other party, it is not enforceable even when the form of the contract is perfectly good.Duress. If a party felt it was forced to enter into a contract against its will, it can claim the contract is unenforceable due to duress. This means something more than a difficult situation or a tough negotiating partner on the other side. For example, if there is only one supplier for an important input with sufficient production capacity, buying from that supplier is not duress. There must generally be some misconduct, involving threats to engage in illegal conduct or breach other obligations, which convinces the other party it has no choice. Unconscionability.As noted above, a contract will not be considered unenforceable because it is unfair, or because there is unequal bargaining power (as is typically the case in business-to-consumer interactions). However, if one party has no reasonable opportunity to understand the obligations they are undertaking, or there are terms in the agreement so manifestly unfair that they â€Å"shock the conscience,† courts can declare specific provisions or whole contracts as unconscionable. This doctrine is successfully invoked infrequently, and then typically when there is unfairness in the process, rather than the substantive terms.Mutual mistake. If both parties were mistaken about the fundamental subject matter of the contract, such that th ey never truly had an agreement, the contract can be declared unenforceable. If the mistake is simply a bad business decision, such as an assumption that the price of a good will not increase substantially, it will not excuse performance. Impossibility/frustration of purpose. If circumstances change so dramatically that either a contract is effectively impossible to perform, or it would be pointless to complete it, courts can excuse performance.As with the other doctrines, courts will not release parties from their obligations if performance is merely more difficult or costly than they expected. – – – – LGST 612 (Prof. Werbach) Page 8 These excuses are considered by courts after the fact. In such situations, there is a contract, but there is no legal remedy for a breach. Sometimes, the result is merely to sever a problematic provision of the contract. For example, a contract may be enforceable minus the specific term the court considered unconscionable.Re covery Outside of Contract (â€Å"Promissory Estoppel†) Modern contract law makes it relatively easy for parties to enter into contracts, to specify the terms of those contracts, and to be excused from contractual obligations when fundamental fairness dictates. Consequently, the legal system generally focuses on whether the procedural obligations of contract law described above have been met, rather than on whether the outcome is just. After all, the parties were free to act differently, yet chose to structure their agreement in a certain way.Why should the courts interfere with their decisions? In a host of cases, this freedom-based view of contracts fails to account for reality. Inequalities in access to information or bargaining power may so warp the relationship between parties that the formal structure of an agreement may not actually reflect the intent of at least one of them. Or there may be significant public policy concerns, such as avoiding mistreatment of patients or retail investors, which counsel for heightened obligations beyond those of common-law contract doctrines.Another category cuts in the opposite direction. Sometimes the un-enforceability of an agreement is unfair. If one party reasonably relies on the other party, yet has no remedy because the agreement is unenforceable, it can create a situation in which the courts view themselves as parties to an injustice. The legal doctrine known as promissory estoppel arose to allow for recovery of damages in court, even when there is no enforceable contract between the parties.The Restatement (Second) of Contracts, a collection of â€Å"best practices† in contract law written by leading legal experts in the field, describes promissory estoppel as follows: â€Å"A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only b y enforcement of the promise. The remedy granted for breach may be limited as justice requires. † Most commonly this doctrine is invoked for charitable gifts.For example, imagine that a donor to Wharton promises the school $100 million for a new building bearing her name, the school builds the building in reliance on the gift, and the donor then reneges on the promise. There is no enforceable contract, because there is no consideration. (The school’s expenditure in building the building was a response to the promised gift; it is not what induced the promise, as required for consideration. ) In such a situation, if a court feels it would be an â€Å"injustice† that Wharton receives no compensation, it can award damages on a promissory estoppel theory.Courts have applied promissory estoppel in other situations where, because of some legal quirk, a party reasonably relies on a contract and yet has no adequate remedy. Note that promissory estoppel is a distinct legal claim, not a lawsuit based on a valid contract. One consequence is that damages are generally limited to reliance. In the donation example in the previous paragraph, this means that Wharton might recover the amount it spent on constructing the building, but not the full $100 million that was promised. And remember that the court can decline to award anything if it does not feel that an injustice has occurred.

Saturday, November 9, 2019

Islamic Fashion

Islamic Fashion Objective Objective Islamic Fashion is actually covers wider scope. Each continent have different perspective on Islamic Fashion – culture influence Fashion always reflects women Muslimah Fashion Introduction vIt is important to distinguish between what Muslims wear and what has come to be defined in the literature and the market place as â€Å"Islamic fashion. † vWhat counts as Islamic or not is a matter of considerable debate amongst Muslims. vWhilst many consider modesty an important Islamic virtue, how this translates into particular styles of dress is highly variable. Some Muslims do not consider that their religiosity is linked to dress. They may be religiously committed but do not feel the need to express this outwardly through their choice of clothing. Annelies Moors and Emma Tarlo (2007) Islamic Fashion in African Islamic Fashion in Europe Islamic Fashion in Asia Islamic Fashion in Asia CORE GUIDANCE The IFF is guided by the following hadith i. e. that the use of a gentle, nurturing approach begets a stronger conviction: One of Prophet Mohammed’s friends, a gambler, wanted to convert to Islam because he loved the Prophet.So he asked the Prophet, â€Å"Can I become a Muslim? † To which the Prophet replied, â€Å"If you promise not to lie whenever you gamble or drink and own up to it, then you may†. And so he converted to Islam but kept drinking and gambling and each time he saw the Prophet and was asked what he was up to, he would own up to it. Until one day, he got to a point where he felt that he could not lie anymore to the Prophet and eventually he stopped gambling and drinking of his own accord without being force. VISION, MISSION & TAGLINE AMAEDAssociation of Muslim Apparel Entrepreneur & Designer THE BRANDING STRATEGY For a pioneering endeavour such as the IFF to create a presence and make an impact of global standards, it is crucial to adopt the right image or branding strategy. Taking a leaf ou t of the tried-and-tested approach of international designer brands, the IFF adopted a similar course to brand itself on a high-end scale. This would allow for easier transition to a scale that caters for the mass as compared to adopting the opposite approach. IFF GALLERYTHE JOURNEY CONTINUES The IFF has grown and developed exponentially since its debut showing at its home country venue of Kuala Lumpur in 2006 to Abu Dhabi, Astana, Bandung, Dubai, Singapore, New York, London and Monte Carlo, where a more liberal mode of dressing is preferred. Government Policy & Legislative and Economic condition Risks 4p of marketing from Islamic perspective Strategy in developing country Strategy in developed country Use Profile of winner Fashion from Islamic Perspective – from Al-Quran Fashion from Islamic Perspective from Al-Quran Fashion from Islamic Perspective – from Al-Quran Summary To move Muslim consumer from trial to preference , Islamic fashion marketing need to deliver on their value proposition . Religion, Design and Material are the most three important factors to be considered in generating Islamic Fashion marketing strategies for companies. In addition, Islamic Fashion Marketers should pay attention to these three major attributes in all of the producing steps if they want to attract and capture women Muslim segment.Alireza Miremadi, Samira Iran, MarjanShadafza & FereshteMoshiri(2011) Recommendations †¢Designing and Preparing clothes with HALAL materials(based on Islamic rules) †¢Using HALAL logo for their advertisements †¢Insert the stick of HALAL logo with Halal Material on their clothes †¢Considering the Islamic rules while making the Islamic clothes †¢Synchronize world fashion with Islamic rule to sustain and attractive Muslim women and shift it from Niche market to mass market. Pay attention to cultural values and norms while making a clothes One could summarize it by stating that Muslim consumers appear to seek thre e major kinds of benefits from Islamic fashion marketing, Religion, Design, Materials, furthermore there should be significant promotion or advertisement activity to boost Islamic fashion inside and outside the country or overall throughout the Islamic world. Alireza Miremadi, Samira Iran, MarjanShadafza & FereshteMoshiri(2011)

Thursday, November 7, 2019

Statistical Measures of Unemployment

Statistical Measures of Unemployment Most data regarding unemployment in the United States is collected and reported by the Bureau of Labor Statistics. The BLS divides unemployment into six categories (known as U1 through U6), but these categories dont line up directly with the way that economists categorize unemployment. U1 through U6 are defined as follows: U1 Percentage of labor force unemployed 15 weeks or longerU2 Percentage of labor force who lost jobs or completed temporary workU3 Percentage of labor force who are without jobs and have looked for work in the last four weeks (note that this is the officially reported unemployment rate)U4 U3 plus the percent of the labor force that counts as discouraged workers, i.e. people who would like to work but have stopped looking because they are convinced that they cant find jobsU5 U4 plus the percent of the labor force that count as marginally attached or loosely attached workers, i.e. people who would theoretically like to work but havent looked for work within the past four weeksU6 U5 plus the percent of the labor force that counts as underemployed, i.e. part-time workers who would like to work more but cant find full-time jobs Technically speaking, the statistics for U4 through U6 are calculated by adding discouraged workers and marginally attached workers into the labor force as appropriate. (Underemployed workers are always counted in the labor force.) In addition, the BLS defines discouraged workers as a subset of marginally attached workers but is careful not to double count them in the statistics. You can see the definitions directly from the BLS. While U3 is the main officially reported figure, looking at all of the measures together can provide a broader and more nuanced view of what is happening in the labor market.

Tuesday, November 5, 2019

Geography of Vancouver, British Columbia, Canada

Geography of Vancouver, British Columbia, Canada Vancouver is the largest city in the Canadian province of British Columbia and is the third largest in Canada. As of 2006, Vancouvers population was 578,000 but its Census Metropolitan Area surpassed two million. Vancouvers residents (like those in many large Canadian cities) are ethnically diverse and over 50% are not native English speakers. Location The City of Vancouver is located on the British Columbias west coast, adjacent to the Strait of Georgia and across that waterway from Vancouver Island. It is also north of the Fraser River and lies mostly on the western part of the Burrard Peninsula. The city of Vancouver is well-known as one of the worlds most livable cities but it is also one of the most expensive in Canada and North America. Vancouver has also hosted many international events and most recently, it has gained worldwide attention because it and nearby Whistler hosted the 2010 Winter Olympic Games. What to Know About Vancouver The following is a list of the most important things to know about Vancouver, British Columbia: The City of Vancouver is named after George Vancouver - a British captain who explored Burrard Inlet in 1792.Vancouver is one of Canadas youngest cities and the first European settlement was not until 1862 when McLeerys Farm was established on the Fraser River. It is believed, however, that aboriginal people lived in the Vancouver region from at least 8,000-10,000 years ago.Vancouver officially incorporated on April 6, 1886, after Canadas first transcontinental railroad reached the region. Shortly thereafter, the nearly the entire city was destroyed when the Great Vancouver Fire broke out on June 13, 1886. The city quickly rebuilt though and by 1911, it had a population of 100,000.Today, Vancouver is one of the most densely populated cities in North America after New York City and San Francisco, California with around 13,817 people per square mile (5,335 people per sq km) as of 2006. This is a direct result of urban planning focused on high-rise residential and mixed-use development as opposed to urban sprawl. Vancouvers urban planning practice originated in the late 1950s and is known in the planning world as Vancouverism. Because of Vancouverism and a lack of large amounts of urban sprawl as seen in other large North American cities, Vancouver has been able to maintain a large population and also a large amount of open space. Within this open land is Stanley Park, one of the largest urban parks in North America at around 1,001 acres (405 hectares).Vancouvers climate is considered oceanic or marine west coast and its summer months are dry. The average July high temperature is 71Â °F (21Â °C). Winters in Vancouver are usually rainy and the average low temperature in January is 33Â °F (0.5Â °C).The City of Vancouver has a total area of 44 square miles (114 sq km) and consists of both flat and hilly terrain. The North Shore Mountains are located near the city and dominate much of its cityscape, but on clear days, Mount Baker in Washington, Vancouver Island, and Bowen Island to the northeast can all be seen. In the early days of its growth, Vancouvers economy was based around logging and sawmills which were established beginning in 1867. Although forestry is still Vancouvers largest industry today, the city is also home to the Port Metro Vancouver, which is the fourth largest port based on tonnage in North America. Vancouvers second largest industry is tourism because it is a well-known urban center worldwide. What Its Known For Vancouver is nicknamed Hollywood North because it is the third largest film production center in North America following Los Angeles and New York City. The Vancouver International Film Festival takes place annually each September. Music and visual arts are also common in the city. Vancouver also has another nickname of city of neighborhoods as much of it is divided into different and ethnically diverse neighborhoods. English, Scottish, and Irish people were Vancouvers largest ethnic groups in the past, but today, there is a large Chinese-speaking community in the city. Little Italy, Greektown, Japantown and the Punjabi Market are other ethnic neighborhoods in Vancouver. To learn more about Vancouver, visit the citys official website. Sources: Wikipedia. (2010, March 30). Vancouver. Wikipedia- the Free Encyclopedia. Retrieved from:Â  https://en.wikipedia.org/wiki/Vancouver

Saturday, November 2, 2019

Obesity and its effect on Insurers and Insurance costs Research Paper

Obesity and its effect on Insurers and Insurance costs - Research Paper Example It was also interesting to note that 4 of them were men while the rest were women. My observation of the obese persons pointed to the reality of the epidemic. Whereas more Americans stand to be obese, this condition has a negative impact on their health, social wellbeing, work, and on their insurance costs. In the United States, researchers have found out that obesity is associated with an array of health complication such as depression. Strine et al. carried out a study of obese persons and they found out that people who have obesity are more likely to be depressed as compared to those who drink of smoke (p. 127). This research pointed to the fact that obesity creates a favorable environment where obese individuals are predisposed to other diseases. As a result of this finding, it is correct to postulate that many Americans are likely to have depression as majorities have a body mass index of 30 and above. Prevalence of obesity can cause cancer in individuals. Research on the prevalence of cancer indicates that a significant number of people with cancer are obese (Berger 129). According to Berger, research reveals that there is a strong correlation between obesity and a number of malignancies such as cancer of the breast (p. 129). Given these findings, there is no doubt that obesity in the United States can pave way for variants of cancer in individuals. This impact is extensive and can affect all age groups because obesity spans a across all the age structures. Obesity can also cause diabetes, especially the type II diabetes. Tsai, Asch and Wadden argued that obesity is strong determination of type II diabetes in children and adults (p. 1651). The study trio carried out a research where they found out that obesity increased body resistance to insulin. This condition was prevalent in adults and children as well. From this research, there seem to be a relation between obesity and

Thursday, October 31, 2019

Assess To What Extent Large Chain Stores Are Positive For National Research Paper

Assess To What Extent Large Chain Stores Are Positive For National Growth - Research Paper Example The growth of chain stores is of considerable importance when it comes to the growth and size of an economy. There are changes which have emerged due to growth of these stores. This has led to the globalization of the markets and the economic integration due to the introduction of custom unions, free trade areas, political economic unions and social changes which result from the common monetary and fiscal policies (Greenfield, 2011). There are different types of chain stores. These include the consumables and the non consumables stores which are used to stock different types of commodities. These stores are of considerable importance to the nation. Greenfield (2011) asserts that to begin with they have led to the improvement of health sector in the economy. It has been due to this that we have changed the nature of conduct within the place of work. This has led to changes in the political behaviors of dictatorship in the government. This has been due to the misconduct by the wealthy merchants taking their business without considering the health of the workers and their care towards the society members. Secondly these stores have led to environmental conservation. This is due to the organized storage of stock thus avoiding pollution in both air and water. This has led to the conservation of the environment and health for the citizens. In addition, they have led to proper and well organized distribution of goods and services. This is due to the mass production by large companies in the world. Most of these companies are anticipating high returns, and they thus effectively and efficiently struggle to make high profits due to the increase in consumption behavior of the consumers (Howard, 2011). Distribution is a key factor to consider in the modern business. This has been due to the increased competitive nature of suppliers and distributors. Lebhar (4) asserts that consequently, advertising of products is also another factor to adopt due to the rising modern market ing strategies in the field of business. Chain store is managed by observing the degree in which to employ the salesmanship. Salesmanship is employing the convincing power in marketing of the product. However, the business has enhanced the availability of commodities to the customers. This has made it so easy for individuals to acquire goods because of the single roofing whereby one can select the desired product out of the multiple products in the store. The collaboration among many business enterprises has led to capital adequacy in investing especially to the green field investors. Capital is a significant factor to consider in doing a business since it enables an entrepreneur to acquire the factors of production which include land and labor. These are the main resources in production (Lebhar 8). The resources are endowed differently in different countries in the world, and thus chain stores are enjoying together the absolute advantage in production and avoid the comparative disa dvantage caused by factor distortion. This has led to franchise in the international market. In addition, the size of the economy must grow, and there is a significant impact on social living which results from varied opportunities in employment. This leads to eradication of poverty and place individuals in a better position to acquire goods and services (Lebhar 10). They thus

Tuesday, October 29, 2019

International Banking Essay Example | Topics and Well Written Essays - 2000 words - 2

International Banking - Essay Example Studying the prospects and challenges for Islamic banking could reveal useful lessons for a reorientation of Western conventional banking. A key feature of the conventional banking system as practiced today is that it is based on interest. This is an amount of money that is paid on deposits at banks and levied on the loans they provide. This system is designed to benefit money lenders whereas borrowers are made to bear the risks entirely. Consequently, this system facilitates exploitation and many borrowers become burdened by rising values of their debts. Occasionally the problems become so extensive that financial crises occur. The Islamic financial system is characterized by the strict prohibition of riba, which is the charging, paying and receiving of interest on money loaned. The Quranic injunction is in chapter 2, verse 275, which states, â€Å"Allah has allowed the sale and has prohibited interest†. The prohibition extends to both the lending and taking of money involving interest or partaking in any other way in an interest based transaction. The justification is that the charging of interest results in an imbalance and it therefore promotes exploitation whereas the Islamic system is designed to ensure balance, fairness and justice (‘adl) in all financial dealings. Actually, Islamic finance is not unique in its prohibition of interest but it has perhaps developed the most sophisticated system to help implement interest-free banking. As Lewis (2007) noted, usury was prohibited in all the major religions but people then made it acceptable. For example, it is also prohibited in Exodus (22:2 5). In addition, the shariah (Islamic law) advises to avoid gharar (uncertainty), qimar (speculation) and greed. In short, shariah compliant financial products and services do not involve any interest and speculation and uncertainty is minimised as far as possible. Instead, the Islamic system of finance is based on the principle of shirakah, which

Sunday, October 27, 2019

Development of Diabetes Register

Development of Diabetes Register The national DEMS aims to support diabetic health professionals in providing real-time information when and where it is required. Electronic medical records (EMRs) are an important means of enhancing patient wellbeing through inaccuracy reduction and to enhance clinical care quality (Lester, Zai et al. 2008). EMRs have previously been effective in refining diabetes management and enhancing organizing of care among multi disciplinary teams (Lester, Zai et al. 2008). Accomplishing interoperability between EHRs and registries will be progressively more vital as the utilisation of registries and EHRs develops considerably (Gliklich and Dreyner 2010). The typical viewpoint regarding establishing a diabetes register is by assembling electronic patient files held by GPs medical centre’s of diabetic patients (Morris, Boyle et al. 1997). Another alternative is to gather patient records electronically from multi sources to a central source in order to achieve a more comprehensive register (Morris, Boyle et al. 1997). When setting up a diabetes register it should be carried out according to NICE guidelines which include: â€Å"Patients demographics adjustable risk factors medicine prescribed Attendance at practice or diabetes outpatient clinic† (OKelly, Foy et al. 2008). The set of accessible data sources is the most important factor in determining the capabilities of disease surveillance system. The purposed Irish diabetes register will utilise information from PCRS and NCSS data sources. PCRS contains information regarding prescribed drugs and medicines typically taken by diabetics such as statins (cholesterol lowering medications) this information is gotten from the General Medical Services Scheme. T2D patients can be identified by their need to use oral diabetes prescriptions such as oral anti-hyperglcaemic which can be taken on their own or with insulin (OShea, Teeling et al. 2013). The scheme affords entitled persons access to free health care as well as prescription medication (OShea, Teeling et al. 2013). The PCRS gathers the information on â€Å"dispensed prescribed medication† a monthly basis from the scheme, these medications† are coded using the WHO Anatomical Therapeutic Chemical (ATC) classification system† (OShea, Te eling et al. 2013). As well as checking these data sources, hospital diabetic clinics might contain patients not already on the national register. â€Å"Patients with medication treating T2D can be identified using the prescription of oral anti-hyperglycaemic agents alone or in combination with insulin as a proxy for disease diagnosis†. Diabetes register aids the identification and tracking of clinical outcome (Lester, Zai et al. 2008). The registry can be kept up-to-date in an automatic manner when run against laboratory results and GP practice EMR (Lester, Zai et al. 2008). The registry needs to up-to-date and not to contain stagnat data. Initially is it perceived that there will be two data sources: NCCS and PCRS. Hospital diabetes clinics – extracted to register Regarding the laboratory system, patient whose records contained information regarding glycated haemogloblin, plasma glucose, urinary microalbumin and serum creatinine were considered to be diabetes as well as oral glucose tolerance test confirming the diagnosis of diabetes or outpatient plasma glucose concentration of greater than 11.1 mmol/l (Morris, Boyle et al. 1997). All laboratory results applicable to diabetes care are available electronically; patients could be identified and included in the register. Registries typically gather information from various data sources, this is typically done by collecting information from various sources and linking the information across data sources, either with identifiers intended for linking or by recorded attributes of the patients to whom the information match up to (Gliklich and NA 2010). Most general method for record linkage typically depends on the presence of unique identifiers (Gliklich and Dreyner 2010). Once verified that the information is correct, it will be necessary to verify that the data can be uploaded correctly onto the Diabetes register. Look at hipe extract as an example Gathering of data from an assortment of data sources capitalizes on the available data on each diabetic patient and ensures comprehensiveness. The National Cancer Screening programme/ schemes provide data on . Data includes demographics, history of, treatment. This data is stored electronically on NCCS database whish a password protected designed database. The hospital system has a record of patients registered Duplicate patients records are avoided by the use of an report based on similar surnames, forenames and hospital numbers. Data of birth comparison. As data is collected from a number of sources it necessary to remove duplicate records. â€Å"Currently there is no unique number assigned to individuals accessing health and social care in Ireland which would enable the accurate identification of individuals†. â€Å"Therefore cases are cross-matched from the different data sources. A range of variables, including names, gender, county of residence, data of birth are used to match the data†. [dissertation Benefits realization information technology in a national surveillance system, Patient demographics download All systems to remain in sync. A patient enters a hospital is registered on the PIMS and that information is then sent to laboratory system. Healthlink server , the vendor provides the code handles how the file gets sent from nimis software suite The laboratory system requires an interface to PAS system to enable demographics and clinical information for common patients to be shared between the two systems. HL7 interface facilitates the transfer of demographic information between the PAS and laboratory systems. Information from PAS is extracted and formatted using iSoft Integration Engine. The laboratory system will communicate with the Integration Engine using HL7 messaging over TCP/IP sockets Patient information is entered or modified in PAS. The resultant transaction is recorded in PAS audit service. The audit service is continually monitored by iSoft Integration Engine which is configured to look for relevant transactions. For each transaction, the associated information is extracted from PAS and formed into the appropriate HL7 message for immediate onward transmission to laboratory system. The laboratory interface continually listens for HL7 messages from PAS. When a message is received it is analysed to check its purpose and check that the information is correct. If the patient number referenced in the message is unknown to laboratory system then the patient will be registered otherwise the patient details will be updated based on the contents of the message. Systolic blood pressure Diastolic blood pressure HbA1c Creatinine Microalbumin Patients attending Hospital diabetes clinics, Graphically representation on the main screen. Health care professionals perceive that there is not enough time in the day to carry out their workload. There needs to be effort made to ensure quick data review and efficient action (Lester, Zai et al. 2008). A graph will be generated to display on screen to demonstrate changes in weight and blood pressure to emphasize the importance of the data. The report function enables automatic printout of letters to GPs, episode details and annual review for filing in the patients case notes, referral letters to other specialities. Auditing All transactions within the system will be audited. This means that transactions will be recorded with a snapshot of the data and the user performing the action. The system needs an audit function to facilitate audit. Validation Data entry validation are used to minimize the risk of errors; duplication entries. Performance The system will be utilised on the National Health Network which will facilitate reliable and robust network on which the system to work on.

Friday, October 25, 2019

Achilles As Hero Essay -- essays research papers

Achilles As Hero Despite the grand scope of Homer’s epics--which present warfare, heroism, adventure and divinity as forces that shape human destiny—The Iliad may be seen as an account of the circumstances that irrevocably alter the life of one man: Achilles, greatest of warriors. Through the course of the poem, Achilles goes through many ordeals, which changes his character immensely.   Ã‚  Ã‚  Ã‚  Ã‚  One example of such a character change is when he is quarreling with Agamemnon. Achilles and Agamemnon have an extreme amount of tension building between the both of them. Apollo has been wiping out the Achaean army for nine days (years) because of a priest’s daughter who has been kidnapped. Through some questioning, it is derived that the only way Apollo will stop killing the Achaean army is if Ag...

Thursday, October 24, 2019

Literature Review Regarding Smoking Health And Social Care Essay

Harmonizing to Mackay and Eriksen ( 2002 ) , planetary ingestion of coffin nails has been lifting steadily since manufactured coffin nails were introduced at the beginning of the twentieth century. While ingestion is levelling off and even diminishing in some states, worldwide more people are smoking, and tobacco users are smoking more coffin nails. The Numberss of tobacco users will increase chiefly due to enlargement of the universe ‘s population. By 2030 there will be at least another 2 billion people in the universe. Even if prevalence rates fall, the absolute figure of tobacco users will increase. The expected go oning lessening in male smoke prevalence will be offset by the addition in female smoke rates, particularly in developing states. Harmonizing to Goddard ( 2008 ) , the prevalence of coffin nail smoke in Great Britain fell well in the 1970s and the early 1980s, from 45 % in 1974 to 35 % in 1982. The rate of diminution so slowed, with prevalence falling by merely about one per centum point every two old ages until 1994, after which it levelled out at approximately 27 % before restarting a slow diminution in the 2000s. The overall diminution in smoking prevalence since the mid 1970s has been due to a autumn in the proportions of both light tobacco users ( defined as fewer than 20 coffin nails per twenty-four hours ) and heavy tobacco users ( 20 coffin nails or more per twenty-four hours ) . The proportion of all grownups smoking on mean 20 or more coffin nails a twenty-four hours has fallen among work forces from 26 % in 1974 to 8 % in 2006 and from 13 % to 5 % of adult females over the same period. Meanwhile, smoking tendencies in Mexico shows a decrease during the last decennary of the twentieth century in smoke exposure, day-to-day smoking prevalence and smoke strength. This decrease has either been more intense or occurred entirely in work forces, depending on the analyzed index. Additionally, the most important decrease both in the prevalence of day-to-day active tobacco users and in smoking strength occurred in older age groups in both genders. Womans, for their portion, during the latter portion of the analyzed period present a reversal in the downward tendency in these smoke indexs, and in 2002, day-to-day female tobacco users smoked a greater sum of coffin nails than work forces. Nevertheless, work forces still present a worse smoke state of affairs than adult females in footings of both prevalence of day-to-day tobacco users and per centum of day-to-day tobacco users ( Franco-Marina, 2007 ) . Harmonizing to Shafey ( 2003 ) , the wellness load from smoking is non merely increasing, but it is besides switching to low-income and middle-income states ; whereas the prevalence of smoking continues to worsen in many Western markets, many Asiatic markets continue to turn ( as cited in Parkinson et al. , 2009 ) . This is true particularly when the ingestion of baccy has reached the proportions of a planetary epidemic. Tobacco companies are zigzaging out coffin nails at the rate of five and a half trillion a twelvemonth – about 1,000 coffin nails for every adult male, adult female, and kid on the planet. Asia, Australia and the Far East are by far the largest consumers ( 2,715 billion coffin nails ) , followed by the Americas ( 745 billion ) , Eastern Europe and Former Soviet Economies ( 631 billion ) and Western Europe ( 606 billion ) ( Mackay and Eriksen, 2002 ) . Harmonizing to National Health Morbidity Survey ( 1986 and 1996 ) , the happening of smoking between Malaysian grownups has enlarged from 39 % to 49 % ( as cited in Shahidan et al. , 2002 ) . National Health and Morbidity Survey ( 1996 ) besides states the prevalence of baccy usage is about 24.8 % : 49.2 % of work forces smoke, compared with merely 3.5 % of adult females ( as cited in Parkinson et al. , 2009 ) . Meanwhile harmonizing to statistic in PROSTAR ( 2007 ) , Malaysia had 3.6 million tobacco users in 2000 and this figure is expected to increase to 4.6 million by 2025 ( as cited in Kim et al. , 2009 ) . Although there are no precise national estimations of young person smoke in Malaysia, findings from several studies suggest youth smoke may be on the rise ( Parkinson et al. , 2009 ) . However, harmonizing to Thambypillai ( 1985 ) ; Shamsuddin & A ; Haris ( 2000 ) ; Naing et Al. ( 2004 ) and Ahmad et Al. ( 1997 ) , the tendencies in smoking among striplings have non changed mu ch. Studies conducted in assorted vicinities showed that the prevalence of smoke among male young persons were between 17-36 % and 1-5 % among females in the same group ( as cited in Lim et al. , 2006 ) . Surprisingly, about one billion work forces in the universe smoke – approximately 35 % of work forces in developed states and 50 % of work forces in developing states. Tendencies in both developed and developing states show that male smoke rates have now peaked and, easy but certainly, are worsening. However, this is an highly slow tendency over decennaries, and in the interim work forces are deceasing in their 1000000s from baccy. In general, the educated adult male is giving up the wont foremost, so that smoke is going a wont of poorer, less educated males ( Mackay and Eriksen, 2002 ) .2.1 Reasons for SmokingHarmonizing to Baker et Al. ( 2002 ) , most tobacco users offer similar grounds for their smoke. Typically, they report that smoke is an habit-forming wont that they enjoy and that relieves stress. Most tobacco users besides see it as loosen uping and utilize it as a header mechanism. The power of nicotine to both provide good feelings and extenuate bad feelings is richl y demonstrated. This is consistent with the research done by KaAYikci et Al. ( 2008 ) whereby people smoke to loosen up or alleviate their emphasis and to hold pleasance. Furthermore, British American Tobacco Malaysia ( 2010 ) states that the pharmacological consequence of nicotine – a mild stimulating consequence non unlike that of caffeine, and a mild loosen uping consequence – is an of import portion of the smoke experience. Baker et Al. ( 2002 ) besides stated that light tobacco users tend to smoke more for societal grounds while heavy tobacco users are more likely to describe that they smoke because of the habit-forming nature of baccy. Meanwhile harmonizing to Jarvis ( 2004 ) , experimenting with smoking normally occurs in the early teenage old ages and is driven preponderantly by psychosocial motivations. For people who merely started smoke, a coffin nail is a symbolic manner of stating that they are no longer their female parent ‘s kid and a manner of demoing that they are mature. Childs who are attracted to this adolescent averment of sensed maturity or defiance tend to come from backgrounds that favour smoke ( for illustration, with high degrees of smoke in parents, siblings, and equals ; comparatively deprived vicinities ; schools where smoke is common ) . They besides tend non to be wining harmonizing to their ain or society ‘s footings ( for illustration, they have low ego regard, have impaired psychological well-being, are fleshy, or are hapless winners at school ) . Harmonizing to Parkinson et Al. ( 2009 ) , males were more likely than females to believe that smoking makes immature work forces and immature adult females look more attractive and that smoke is a mark of being modern. However, males and females were merely every bit likely to believe that smoking helps command organic structure weight. This finding contradicts with Western surveies by Cavallo ( 2006 ) , which typically report that female young person worry more about their weight and are more likely to describe smoking to command their weight than are males ( as cited in Parkinson et al. , 2009 ) .2.2 Review of Related StudiesThe smoke rate for university pupils is lifting bit by bit in Turkey every bit good as the universe ( KaAYikci et al. , 2008 ) . A research by Cooper et Al. ( 2004 ) said that there is an addition for the rate of smoke in Turkey in which 64 % of the addition is among the work forces and 23 % of it is adult females. Abolfutuoh et Al. ( 1998 ) states 40 % of the pupils in Education Council are heavy tobacco users and merely 23 % of the Medicine Council pupils smoke. Meanwhile, Kader and Alsadi ( 2008 ) found that most of the pupils are light tobacco users ( 50.6 % ) . They besides said that pupils in the medical school tend to smoke less than their friends in other modules. Surprisingly, a survey by Kypri and Baxter ( 2004 ) said that the smoke form is higher among Maori adult females than work forces, in which the adult females tend to smoke daily. Sharker ( 2005 ) in his survey about cognition, attitude and pattern on smoke among pupils and staff in Universiti Putra Malaysia states that 13.7 % from respondents who smoke comes from pupils while 9.9 % was comes from the staff. He besides found that Indians and Malays were among the highest per centum due to cultural groups which comprises of 12.7 % and 11.6 % severally ; meanwhile Hindus and Muslim were among the highest per centum due to spiritual group which equal to 13 % and 11.9 % severally. Harmonizing to Azlan ( 2006 ) in his survey on smoke among secondary school pupils in Kuantan, the smoke per centum was 43 % ; with 63.5 % comes from males and 17.5 % comes female. This survey is rather similar to the survey done by Rapeah et Al. ( 2008 ) whereby about half of the respondents in her survey on factors act uponing smoke behaviors among male striplings in Kuantan were tobacco users ( 45.8 % ) and Malays were lend up to 53.1 % . A cross-sectional survey of 16-year old secondary school pupils in Kota Tinggi territory reported that 29.7 % from the respondents were found to be smoking and the highest per centum of male tobacco users comes from FELDA ( Federal Land Development Authority ) countries which comprises of more than 50 % ( Lim et al. , 2006 ) . Meanwhile, the survey done by Shahidan et Al. ( 2002 ) on smoking wonts among secondary school pupils in Kedah reported that the mean age for smoke and non-smoking groups were 16 old ages old the research has reveal that the age of onset smoke among respondents began every bit early as 13 old ages old. Harmonizing to KaAYikci et Al. ( 2008 ) , 40.2 % of the concluding class pupils at the AtatA ©rk University smoked. 56.5 % from that said that they smoke to let go of tense while 24.6 % fume for pleasance. Abolfutuoh et Al. ( 1998 ) states that wonder was the chief ground for induction of smoke among pupils in medical pupils at the University College of Medicine and pupils of the College of Education. There are findings found in a research by Kader and Alsadi ( 2008 ) that say the pupils smoke because it helps them to concentrate every bit good as quiet them down. They besides said that pupils smoke because they besides want to get by with emphasis and societal anxiousnesss. Kypri and Baxter ( 2004 ) besides stated that pupils smoke because it helps them to loosen up. Harmonizing to Shahidan et Al. ( 2002 ) , â€Å" matured, attractive and posh † are among the grounds pupils start smoking with per centum of 70.0 % , 62.2 % and 54.0 % severally. Meanwhile, Sharker ( 2005 ) found that the chief ground for the oncoming of smoke among pupils and staff in Universiti Putra Malaysia was â€Å" merely for merriment † and it was comprises of 54.2 % . In add-on, Azlan ( 2006 ) revealed that the chief ground for pupils to smoke is because of the influences of friends. Rapeah et Al. ( 2008 ) states that the most common ground given by the respondents for get downing smoke was â€Å" wanted to seek † ( 68.9 % ) followed by â€Å" equals influence † ( 56.1 % ) . However, about 70 % of the tobacco users did non hold that they smoked because they wanted to be voguish. There are besides findings found in a research by Khairani et Al. ( 2007 ) that say the most frequent grounds for originating smoke were wonder ( 69.3 % ) and peer force per unit area ( 51 % ) while emphasis ( 70 % ) was reported as the commonest ground for go oning smoke followed by dependence ( 49 % ) . KaAYikci et Al. ( 2008 ) stated that one of the factors that encourage the pupils to smoke is the parents of the pupils. Most of the pupils who smoke have male parents and brothers who smoke every bit good. Friends are besides one of the factors that lead to smoking wont among the pupils. These findings are rather similar with the survey by Shahidan et Al. ( 2002 ) which conducted in Kedah. Their research stated that influence of equals and household members who smoke played an of import function in act uponing pupils to smoke. Student whose household members are tobacco users are more than twice at higher hazard of smoking compared to those whose household members are non tobacco users meanwhile pupil whose equals smoke are about six times higher of smoke compared to those whose equals are non tobacco users. Lapp goes to the survey by Khairani et Al. ( 2007 ) , which found that there was a important association between adolescent smoke and smoke among household members. Sharker ( 2005 ) reported that the prevalence of smoke was associated with age, economic position, race, spiritual, household and equal groups smoking wonts. These findings are consistent with the survey done by Azlan ( 2006 ) on the prevalence of smoke among secondary school pupils and its associated factors in the territory of Kuantan. Meanwhile, harmonizing to Lim et Al. ( 2006 ) , holding many close friends who smoke, sibling who fumes and low academic accomplishment were positively associated with smoke. There are besides findings found that the type of category watercourse, equals ‘ smoke, and attitude towards smoking were significantly associated with the respondents smoking position ( Rapeah et al. , 2008 ) . Meanwhile wonder, desire to demo off and peer force per unit area are the chief factors that lead to the smoke wont of the pupils ( Abolfutuoh et al. , 1998 ) .